HomeMy WebLinkAbout09/21/2022 CITY COUNCIL AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280
WEDNESDAY, SEPTEMBER 21, 2022
CITY COUNCIL Virtual/Live Stream VIRTUAL MEETING AGENDA
The Chambers remains closed, and all Council Members and staff will be participating in the meeting remotely.
The public is invited to view and/or participate in the Council Meeting through one of the following options:
To stream online only (via BKAT Feed, with no interaction possible):
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Members of the public are invited to join the Zoom Meeting by clicking on the link below:
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Or Telephone: Dial (for higher quality, dial a number based on your current location):
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Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us
1. CALL TO ORDER: 5:30 P.M.
2. MAYOR'S REPORT
3. CONSENT AGENDA
A. Claims & Check Register
B. Minutes of Meeting – September 7, 2022
C. Minutes of Study Session – September 14, 2022
D. Ordinance No. 5454 adding Section 9A.24.230 of the Bremerton Municipal Code entitled “Open
Carry of Weapons Prohibited in Municipal Buildings”
E. Ordinance No. 5455 amending Sections 9A.32.070 and 9A.32.080 of the Bremerton Municipal
Code entitled “Domestic Violence – State Statutes Adopted by Reference” and “Order for
Protection and Restraining Order – State Statutes Adopted by Reference,” respectively
F. Ordinance No. 5456 adding Sections 9A.44.130 and 9A.44.140 of the Bremerton Municipal Code
entitled “Interference with a health care facility” and “Penalty,” respectively
G. Contract Modification Agreement No. 3 with Rice Fergus Miller, Inc. for the Quincy Square
Project
H. Contract Modification No. 4 with Parametrix, Inc. for the Kitsap Lake Park Renovation Project
and related Budget Adjustment
I. Interagency Agreement with WA State Department of Enterprise Services for Energy Savings
Performance Contracting Program
J. Agreement with WA State Department of Enterprise Services for Investment Grade Audit of the
Eastside Treatment Plant
Continued on next page…
K. Public Works Agreement with Air Management Solutions, LLC for Installation of Upgraded HVAC
systems at the Wastewater Treatment Plant Administration Building
L. Ordinance No. 5457 amending Chapter 2.50 of the Bremerton Municipal Code entitled
“Management and Professional Staff Compensation Program”
4. PUBLIC RECOGNITION
5. PUBLIC HEARING
A. Public Hearing on Ordinance No. 5458 amending Title 20 of the Bremerton Municipal Code
regarding “Cottage Housing Development, Duplex & Townhomes, Bonus Density for Affordable
Housing Development, and Definition Updates”
6. GENERAL BUSINESS – There are no General Business items tonight...
7. COUNCIL MEMBER REPORTS
8. EXECUTIVE SESSION
A. 15-Minutes to discuss “Pending Litigation” as allowed under RCW 42.30.110 (1) (i); and action is
anticipated…
9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
MAYOR’S REPORT
September 21, 2022
Photo courtesy of Port of Bremerton
Bremerton Ferry Route Update
•Letter sent by Mayor Wheeler to Gov. Inslee on
Sept. 16 requesting state support for temporary
expansion of Kitsap Transit ferry service as a
stop gap for state ferry cuts to the Bremerton-
Seattle route –signed by local elected leaders,
state legislators and others.
•City partners have agreed to sign on to the
effort!
•Greater Kitsap Chamber leadership was
unanimous in its support at the Chamber’s
September board meeting.
•A letter signed by members is being
prepared to send to Gov. Inslee and
officials in charge of Washington State
Ferries
•Kitsap Economic Development Alliance
is writing a letter of support and securing
additional letters from community members
to send to state leaders
•More to come!
Protecting Sanitary Sewers and the Environment
•The City of Bremerton is preparing
a mailer to inform residents on
steps to avoid improperly disposing
of fats, oils and grease down the
drain.
•A blockage from grease deposits in
the City’s public sewer lines was
the cause of sewer discharges in
Oyster and Ostrich bays this
summer.
•The flyer provides information and
steps of what to do and what not to
do when disposing of fats, oils and
grease.
•The information is designed to
educate neighborhood residents
and help protect the City’s sewer
system from future discharges.
Kitsap Lake Update
•Kitsap Lake had an algae bloom the week of September 12 and the City
responded by having the lake water tested.
•Results were reported to Kitsap Public Health and lakefront property owners.
•Kitsap Public Health conducted additional testing and posted a no contact
advisory.
•Monitoring will be ongoing until the issue has cleared.
Kitsap Lake Update (continued)
How algae blooms are triggered:
•Natural water layers occur in the summer trapping phosphorus in the cooler bottom layer of the
lake until the fall, when the lower layer mixes with the top. This mixing feeds the algae and can
cause a bloom to occur. (Seasonal variations happen in the lake throughout the year.)
•Wind and air temperature can also cause the lake to mix at any time, which accounts for
variations in algae blooms.
•Recent cooler conditions mixed water layers together, generating the recent bloom.
•This spring, treatment was applied to trap phosphorus through the summer and a summer
application provided clear lake water to the end of the warmer season.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Claims & Check Register COUNCIL MEETING Date: September 21, 2022
Department: Legal Services
Presenter: Angela Hoover
Phone: (360) 473-5323
SUMMARY:
Approval of the following checks and electronic fund transfers:
1. Check Numbers 399743-399926 and Electronic Fund Transfers V35912-V36005 in the grand
total amount of $3,353,916.86
2. Regular Payroll for pay period ending August 31, 2022 for payouts in the amount of $418.02
3. Regular Payroll for pay period ending September 15, 2022 in the amount of $1,014,014.08
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the consent agenda as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
3A
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Meeting –
September 7, 2022
Study Session Date: N/A
COUNCIL MEETING Date: September 21, 2022
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Meeting held on September 7, 2022 are attached.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ N/A
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the September 7, 2022 Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
3B
2
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, September 7, 2022
A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday,
September 7, 2022, at 5:30 PM with Council President Michael Goodnow presiding. Council
Members present were Eric Younger, Anna Mockler, Quinn Dennehy, Jeff Coughlin, Denise Frey,
Jennifer Chamberlin. Also present were City Attorney Kylie Finnell; City Clerk Angela Hoover;
Legislative Assistant Christine Grenier; and IT Manager Dave Sorensen.
President Goodnow announced that the City Council is conducting the Council Meeting via Zoom,
and all Council Members and staff will be participating remotely.
MAYOR’S REPORT – Mayor Wheeler mentioned the following…
Proposed Zoning Code Amendments
Beach Mitigation Project between Ohio Avenue and the Warren Avenue Bridge
Accessibility Improvements at Evergreen Rotary Park, Lions Park, Kitsap Lake Park,
Sheridan Park Community Center, and Pendergast Regional Park
Community Canopy Program, including Tree Give-Away
CONSENT AGENDA
3A – Claims & Check Register: Check Numbers 399509 through 399742 and Electronic Fund
Transfers V35784 through V35911 in the grand total amount of $4,214,829.89; Regular
Payroll for pay period ending August 15, 2022 in the amount of $1,018,211.64; Regular
Payroll for Payouts for pay period ending August 15, 2022 in the amount of $6,028.16;
Regular Payroll for Management and Professional Retro Pay from January 1, 2022 to
April 15, 2022 in the amount of $33,945.35; Retiree Payroll for pay period ending August
31, 2022 in the amount of $45,975.23; and Regular Payroll for pay period ending August
31, 2022 in the amount of $1,041,953.56
3B – Minutes of Meeting – August 17, 2022
3C – Minutes of Study Session – August 24, 2022
3D – Contract Modification Agreement No. 4 with KPFF Consulting Engineers for Design of the
East 11th Street & Perry Avenue Complete Streets Reconstruction Project
3E – Professional Services Agreement with SCJ Alliance for Construction Management
Services for the East 11th Street & Perry Avenue Complete Streets Reconstruction Project
3F – Public Works Agreement with Stripe Rite, Inc. for 2022–2024 Unit Priced Contract for the
Preservation of City-Wide Pavement Markings
There were no questions or comments from the public…
5:42 PM M/S/C/U (Dennehy/Mockler) Move to approve the CONSENT AGENDA as presented.
Due to technical difficulties, President Goodnow left the meeting at 5:45 PM… Vice President
Chamberlin took over as temporary Chair of the meeting…
PUBLIC RECOGNITION
Questions and comments from the public were provided by Susan Brooks-Young; Jill
Clarridge; Mary Lou Long; and Jo Walter… Input was provided by Garrett Jackson…
President Goodnow returned to the meeting at approx. 6:00 PM…
City Council Reg. Mtg. Minutes
Wednesday, September 7, 2022
Page 2 of 4
PUBLIC HEARING
5A – PUBLIC HEARING FOR ACCEPTANCE OF 2023 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT: Lieutenant Ryan Heffernan stated that the Bremerton Police
Department is applying for the local solicitation of the Edward Byrne Memorial Justice Assistance
Grant (JAG). Since 2010, funding has been used to help fund the salary for the position of the
Community Resource Specialist. The grant will allow the City to continue the Community
Resource Unit and its crime prevention function and programs. The grant is from the Department
of Justice. No matching funds are required of the City. Bremerton PD will request $15,979 from
the DOJ.
Vice President Chamberlin explained the purpose of this Public Hearing is to accept public
comment; and that action is anticipated…
With no questions or comments by the public, Vice President Chamberlin closed the hearing to
the public, and opened discussion to the Council…
6:02 PM M/S/C/U (Mockler/Coughlin) Move to approve the Edward Byrne Memorial Justice
Grant, and to authorize the Mayor to finalize and execute the agreement with substantially the
same terms and conditions as presented.
GENERAL BUSINESS
6A – RECONSIDER ORDINANCE NO. 5453 AMENDING CHAPTER 6.32 OF THE
BREMERTON MUNICIPAL CODE ENTITLED “NOISE LEVELS”: Mayor Wheeler explained
that on August 3, 2022, the City Council unanimously adopted amendments to Chapter 6.32 of
the Bremerton Municipal Code entitled “Noise Levels.” On August 11, 2022, Mayor Wheeler
exercised the veto authority located in Section 15 of the Charter of the City of Bremerton. The
written objections are contained herein.
Pursuant to Section 15(5) of the Charter of the City of Bremerton, the City Council shall cause the
objections to be entered on the record and proceed to reconsideration of the ordinance.
The following options are presented to City Council to amend Chapter 6.32 of the Bremerton
Municipal Code entitled “Noise Levels:”
Option 1
Upon reconsideration, override Mayor Wheeler’s veto of Ordinance No. 5453 that was passed by
City Council on August 3, 2022 and passage of the same ordinance notwithstanding the Mayor’s
veto. Per Section 15(5) of the Charter, this action requires a majority plus one of the whole
membership in order to become valid. (Attachment 1); or
Option 2
Approve proposed Ordinance as presented by Mayor Wheeler. (Attachment 2)
City Attorney Kylie Finnell and Assistant City Attorney Mychael Raya were available to provide
additional input and respond to questions.
There were no questions and comments from the public …
6:08 PM Motion was made by Coughlin; and seconded by Frey…Questions and comments were
provided by Coughlin, Frey; Dennehy, Mockler; and Goodnow; with responses provided by
Mayor Wheeler …
6:36 PM M/S/C/U (Coughlin/Frey) Move to approve Ordinance No. 5453 amending Chapter 6.32
of the Bremerton Municipal Code entitled “Noise Levels” that was previously passed by City
Council on August 3, 2022 and subsequently vetoed by Mayor Wheeler.
City Council Reg. Mtg. Minutes
Wednesday, September 7, 2022
Page 3 of 4
Voted in Favor of Motion: Coughlin, Mockler, Younger, Chamberlin, Frey, Goodnow
Voted Opposed to Motion: Dennehy
Motion carried; 6-Yes; 1-No
At 6:37 PM, President Goodnow returned to Chair the remainder of the meeting…
COUNCIL MEMBER REPORTS
Jennifer Chamberlin was excited to hear that Lions Park will be receiving some pedestrian
improvements; and suggested an open space behind the library as a potential park in District 2.
Denise Frey looked forward to conversations on Bremerton’s urban forest and underutilized
playfields; wished a Happy 20th Anniversary to Bremerton Ice Center; thanked Council Staff for
improvements in the lodging tax grant process; and announced a Joint District 2 & 3 Community
Meeting with Council Member Jeff Coughlin on September 15.
Jeff Coughlin congratulated Parks and Public Works Departments on all of the improvements
being made; responded to comments made by Susan Brooks-Young; recognized Labor Day by
thanking all City Staff for going above and beyond every day; shared additional details about the
Joint District 2 & 3 Community Meeting; and announced Manette Fest on September 10.
Quinn Dennehy appreciated everyone who fielded questions or attended meetings while he was
away for vacation and then starting a new job the end of August.
Anna Mockler read a statement outlining the Council’s role and proposed that subjects by any
Council Member be heard under Study Session.
Eric Younger believed everyone in the community should be made aware of the proposed
zoning code amendments, hoped there will be a lot of participation from the public, and
encouraged fellow Council Members to do their own research to help make an informed decision.
President Goodnow thanked Vice President Chamberlin for stepping in as Chair of the meeting
while he was experiencing technical difficulties; announced that Ridgeline Brewing has opened;
and recognized the impact of reduced ferry service reduction on residents, hoping that
Bremerton’s voice would be heard on restoring service.
EXECUTIVE SESSIONS
At 6:59 PM, President Goodnow announced that a 25-Minute Executive Session would be held
to “Evaluate the Qualifications and Compensation of an Applicant Seeking Public Employment”
as allowed under RCW 42.30.110 (1) (g); and to discuss “Pending Litigation” as allowed under
RCW 42.30.110 (1) (i); and that Council action is anticipated…
President Goodnow called the meeting back to order at 7:26 PM…
7:26 PM Motion was read into the record by City Clerk Angela Hoover, so moved by Frey and
seconded by Dennehy…
7:26 PM M/S/C/U (Frey/Dennehy) Move to authorize hire of candidate #17441171 for the Senior
Planner position at Pay Band 11, Rate 5 of the 2022 Management, Professional, Confidential,
and Fiduciary Salary Plan.
7:27 PM Motion was read into the record by Assistant City Attorney Brett Jette, so moved by
Dennehy and seconded by Mockler…
City Council Reg. Mtg. Minutes
Wednesday, September 7, 2022
Page 4 of 4
7:27 PM M/S/C/U (Dennehy/Mockler) Move to authorize the Mayor to execute the Distributors
Washington Settlement Agreement Subdivision Settlement Participation Form and the Allocation
Agreement Governing the Allocation of Funds Paid by the Settling Opioid Distributors in
Washington State in substantially the same or similar form as presented.
With no further business, President Goodnow adjourned the Council Meeting at 7:28 PM.
Prepared and Submitted by:
______________________________
CHRISTINE GRENIER
Legislative Assistant
APPROVED by the City Council on the 21st day of September, 2022.
________________________________________
MICHAEL GOODNOW , City Council President
Attest:
________________________________________
ANGELA HOOVER, City Clerk
MG:AH:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Study Session –
September 14, 2022
Study Session Date: N/A
COUNCIL MEETING Date: September 21, 2022
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Study Session held on September 14, 2022 are attached.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ N/A
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the September 14, 2022 Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
3C
2
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, September 14, 2022
A virtual Study Session of the City Council of the City of Bremerton was called to order on
Wednesday, September 14, 2022 at 5:00 PM, with Council President Michael Goodnow presiding.
Other Council Members present were Eric Younger, Anna Mockler, Quinn Dennehy, Jeff
Coughlin, Denise Frey, and Jennifer Chamberlin. Also present were City Attorney Kylie Finnell,
Legislative Office Manager Lori Smith, and IT Manager Dave Sorensen.
President Goodnow established that the City Council is conducting the Study Session via Zoom,
and that all Council Members and staff will be participating remotely.
He further established that the Study Session is open for the public to listen-in, but there will be
no opportunities for input; the content of these items is subject to change; and no action is
anticipated.
If approved by the Council, these items will be placed on the September 21, 2022 City Council
Virtual Meeting Agenda…
A. BRIEFINGS on AGENDA BILL ITEMS
1. Ordinance adding Section 9A.24.230 to the Bremerton Municipal Code entitled “Open
Carry of Weapons Prohibited in Municipal Buildings” Consent Agenda
2. Ordinance amending Sections 9A.32.070 and 9A.32.080 of the Bremerton Municipal
Code entitled “Domestic Violence – State Statutes Adopted by Reference” and “Order
for Protection and Restraining Order – State Statutes Adopted by Reference”
respectively Consent Agenda
3. Ordinance adding Sections 9A.44.130 and 9A.44.140 to the Bremerton Municipal Code
entitled “Interference with a Health Care Facility” and “Penalty” respectively Consent
Agenda
4. Contract Modification Agreement No. 3 with Rice Fergus Miller, Inc. for the Quincy
Square Project Consent Agenda
5. Contract Modification No. 4 with Parametrix, Inc. for the Kitsap Lake Park Renovation
Project and related Budget Adjustment Consent Agenda
6. Interagency Agreement with WA State Department of Enterprise Services for Energy
Savings Performance Contracting Program Consent Agenda
7. Agreement with WA State Department of Enterprise Services for Investment Grade Audit
of the Eastside Treatment Plant Consent Agenda
8. Public Works Agreement with Air Management Solutions, LLC for Installation of
Upgraded HVAC systems at the Wastewater Treatment Plant Administration Building
Consent Agenda
9. Ordinance amending Sections 2.50.032 and 2.50.070 of the Bremerton Municipal Code
relating to the “Management and Professional Staff Compensation Program” Consent
Agenda
10. Proposed Public Hearing on Ordinance amending Title 20 of the Bremerton Municipal
Code regarding “Cottage Housing Development, Duplex & Townhomes, Bonus Density
for Affordable Housing Development, and Definition Updates”
City Council Study Session Minutes
Wednesday, September 14, 2022
Page 2 of 2
B. GENERAL COUNCIL BUSINESS
o Public Safety Committee Monthly Briefing (Last Meeting 9/1/22) – Chair Jennifer
Chamberlin
o REAC Monthly Briefing (Last Meeting 9/8/22) – Chair Quinn Dennehy
o Audit Committee Monthly Briefing (Last Meeting 9/13/22) – Chair Jeff Coughlin
o Other General Council Business was discussed.
President Goodnow provided a reminder that regular Council Meetings will continue to be held
remotely, including the next Council Meeting on Wednesday, September 21, 2022, beginning at
5:30 PM.
With no further business, the Study Session was adjourned at 8:04 PM.
Prepared and Submitted by:
______________________________
LORI SMITH
Legislative Office Manager
APPROVED by the City Council on the 21st day of September, 2022.
MICHAEL GOODNOW , Council President
ATTEST:
______________________________
ANGELA HOOVER, City Clerk
MG:AH:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance No. 5454 Study Session Date: September 14, 2022
adding Section 9A.24.230 of the Bremerton
Municipal Code entitled “Open Carry of
Weapons Prohibited in Municipal Buildings.”
COUNCIL MEETING Date: September 21, 2022
Department: Legal
Presenter: Gary Hersey
Phone: (360) 473-2345
SUMMARY: The City Council desires to update provisions relating to weapons in order to bring
Chapter 9A.24 of the Bremerton Municipal Code into compliance with updated state laws.
ATTACHMENTS: 1) Ordinance No. 5454; 2) Engrossed Substitute House Bill 1630
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Ordinance No. 5454 adding Section 9A.24.230 of the Bremerton Municipal Code
entitled “Open Carry of Weapons Prohibited in Municipal Buildings” to bring Chapter 9A.24 of the
Bremerton Municipal Code into compliance with updated state laws.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
3D
Page 1 of 2
BMC 9A.24.230
Open Carry of Weapons Prohibited
in Municipal Buildings
ORDINANCE NO. 5454
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, adding Section 9A.24.230 of the
Bremerton Municipal Code entitled “Open Carry of Weapons
Prohibited in Municipal Buildings.”
.
WHEREAS, the City Council desires to update or revise provisions relating to
weapons in order to bring Chapter 9A.24 of the Bremerton Municipal Code into compliance with
updated state laws; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 9A.24.230 of the Bremerton Municipal Code entitled
“Open Carry of Weapons Prohibited in Municipal Buildings” is hereby added to read as follows:
9A.24.230 OPEN CARRY OF WEAPONS PROHIBITED IN MUNICIPAL
BUILDINGS.
RCW 9.41.305 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 3. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 20___.
_________________________________
MICHAEL GOODNOW, Council President
Page 2 of 2
BMC 9A.24.230
Open Carry of Weapons Prohibited
in Municipal Buildings
Approved this ________ day of ________________________, 20___.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 20__.
EFFECTIVE the ________ day of ______________________, 20__.
ORDINANCE NO. ________.
R:\Legal\Legal\Ordinances\Legal\2022.09.06 Ordinance - 9A.24.230 (Weapons).docx
CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 1630
Chapter 106, Laws of 2022
67th Legislature
2022 Regular Session
POSSESSION OF WEAPONS—CERTAIN LOCATIONS
EFFECTIVE DATE: June 9, 2022
Passed by the House March 7, 2022
Yeas 57 Nays 41
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate March 1, 2022
Yeas 28 Nays 20
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SUBSTITUTE HOUSE BILL
1630 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved March 23, 2022 10:36 AM FILED
March 23, 2022
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
AN ACT Relating to establishing restrictions on the possession of 1
weapons in certain locations; amending RCW 9.41.280 and 9.41.305; 2
reenacting RCW 9.41.280; adding a new section to chapter 9.41 RCW; 3
prescribing penalties; and providing a contingent effective date.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 9.41.280 and 2019 c 325 s 5001 are each amended to 6
read as follows:7
(1) It is unlawful for a person to knowingly carry onto, or to 8
possess on, public or private elementary or secondary school 9
premises, school-provided transportation, ((or)) areas of facilities 10
while being used exclusively by public or private schools, or areas 11
of facilities while being used for official meetings of a school 12
district board of directors:13
(a) Any firearm;14
(b) Any other dangerous weapon as defined in RCW 9.41.250;15
(c) Any device commonly known as "nun-chu-ka sticks," consisting 16
of two or more lengths of wood, metal, plastic, or similar substance 17
connected with wire, rope, or other means;18
(d) Any device, commonly known as "throwing stars," which are 19
multipointed, metal objects designed to embed upon impact from any 20
aspect;21
ENGROSSED SUBSTITUTE HOUSE BILL 1630
AS AMENDED BY THE SENATE
Passed Legislature - 2022 Regular Session
State of Washington 67th Legislature 2022 Regular Session
By House Civil Rights & Judiciary (originally sponsored by
Representatives Senn, Berg, Ryu, Berry, Wicks, Bateman, Ramel,
Fitzgibbon, Sells, Walen, Valdez, Callan, Cody, Davis, Goodman,
Taylor, Macri, Peterson, Ramos, Santos, Slatter, Bergquist,
Tharinger, Kloba, Pollet, Harris-Talley, Hackney, and Frame)
READ FIRST TIME 01/25/22.
p. 1 ESHB 1630.SL
(e) Any air gun, including any air pistol or air rifle, designed 1
to propel a BB, pellet, or other projectile by the discharge of 2
compressed air, carbon dioxide, or other gas; or3
(f)(i) Any portable device manufactured to function as a weapon 4
and which is commonly known as a stun gun, including a projectile 5
stun gun which projects wired probes that are attached to the device 6
that emit an electrical charge designed to administer to a person or 7
an animal an electric shock, charge, or impulse; or8
(ii) Any device, object, or instrument which is used or intended 9
to be used as a weapon with the intent to injure a person by an 10
electric shock, charge, or impulse.11
(2) Any such person violating subsection (1) of this section is 12
guilty of a ((gross)) misdemeanor. Second and subsequent violations 13
of subsection (1) of this section are a gross misdemeanor. If any 14
person is convicted of a violation of subsection (1)(a) of this 15
section, the person shall have his or her concealed pistol license, 16
if any revoked for a period of three years. Anyone convicted under 17
this subsection is prohibited from applying for a concealed pistol 18
license for a period of three years. The court shall send notice of 19
the revocation to the department of licensing, and the city, town, or 20
county which issued the license.21
Any violation of subsection (1) of this section by elementary or 22
secondary school students constitutes grounds for expulsion from the 23
state's public schools in accordance with RCW 28A.600.010. An 24
appropriate school authority shall promptly notify law enforcement 25
and the student's parent or guardian regarding any allegation or 26
indication of such violation.27
Upon the arrest of a person at least twelve years of age and not 28
more than twenty-one years of age for violating subsection (1)(a) of 29
this section, the person shall be detained or confined in a juvenile 30
or adult facility for up to seventy-two hours. The person shall not 31
be released within the seventy-two hours until after the person has 32
been examined and evaluated by the designated crisis responder unless 33
the court in its discretion releases the person sooner after a 34
determination regarding probable cause or on probation bond or bail.35
Within twenty-four hours of the arrest, the arresting law 36
enforcement agency shall refer the person to the designated crisis 37
responder for examination and evaluation under chapter 71.05 or 71.34 38
RCW and inform a parent or guardian of the person of the arrest, 39
detention, and examination. The designated crisis responder shall 40
p. 2 ESHB 1630.SL
examine and evaluate the person subject to the provisions of chapter 1
71.05 or 71.34 RCW. The examination shall occur at the facility in 2
which the person is detained or confined. If the person has been 3
released on probation, bond, or bail, the examination shall occur 4
wherever is appropriate.5
Upon completion of any examination by the designated crisis 6
responder, the results of the examination shall be sent to the court, 7
and the court shall consider those results in making any 8
determination about the person.9
The designated crisis responder shall, to the extent permitted by 10
law, notify a parent or guardian of the person that an examination 11
and evaluation has taken place and the results of the examination. 12
Nothing in this subsection prohibits the delivery of additional, 13
appropriate mental health examinations to the person while the person 14
is detained or confined.15
If the designated crisis responder determines it is appropriate, 16
the designated crisis responder may refer the person to the local 17
behavioral health administrative services organization for follow-up 18
services or other community providers for other services to the 19
family and individual.20
(3) Subsection (1) of this section does not apply to:21
(a) Any student or employee of a private military academy when on 22
the property of the academy;23
(b) Any person engaged in military, law enforcement, or school 24
district security activities. However, a person who is not a 25
commissioned law enforcement officer and who provides school security 26
services under the direction of a school administrator may not 27
possess a device listed in subsection (1)(f) of this section unless 28
he or she has successfully completed training in the use of such 29
devices that is equivalent to the training received by commissioned 30
law enforcement officers;31
(c) Any person who is involved in a convention, showing, 32
demonstration, lecture, or firearms safety course authorized by 33
school authorities in which the firearms of collectors or instructors 34
are handled or displayed;35
(d) Any person while the person is participating in a firearms or 36
air gun competition approved by the school or school district;37
(e) Any person in possession of a pistol who has been issued a 38
license under RCW 9.41.070, or is exempt from the licensing 39
requirement by RCW 9.41.060, while ((picking)):40
p. 3 ESHB 1630.SL
(i) Picking up or dropping off a student; or1
(ii) Attending official meetings of a school district board of 2
directors held off school district-owned or leased property;3
(f) Any nonstudent at least eighteen years of age legally in 4
possession of a firearm or dangerous weapon that is secured within an 5
attended vehicle or concealed from view within a locked unattended 6
vehicle while conducting legitimate business at the school;7
(g) Any nonstudent at least eighteen years of age who is in 8
lawful possession of an unloaded firearm, secured in a vehicle while 9
conducting legitimate business at the school; or10
(h) Any law enforcement officer of the federal, state, or local 11
government agency.12
(4) Subsections (1)(c) and (d) of this section do not apply to 13
any person who possesses nun-chu-ka sticks, throwing stars, or other 14
dangerous weapons to be used in martial arts classes authorized to be 15
conducted on the school premises.16
(5) Subsection (1)(f)(i) of this section does not apply to any 17
person who possesses a device listed in subsection (1)(f)(i) of this 18
section, if the device is possessed and used solely for the purpose 19
approved by a school for use in a school authorized event, lecture, 20
or activity conducted on the school premises.21
(6) Except as provided in subsection (3)(b), (c), (f), and (h) of 22
this section, firearms are not permitted in a public or private 23
school building.24
(7) "GUN-FREE ZONE" signs shall be posted around school 25
facilities giving warning of the prohibition of the possession of 26
firearms on school grounds.27
(8) A school district board of directors must post signs 28
providing notice of the restrictions on possession of firearms and 29
other weapons under this section at facilities being used for 30
official meetings of the school district board of directors.31
Sec. 2. RCW 9.41.305 and 2021 c 261 s 2 are each amended to read 32
as follows:33
(1) Unless exempt under subsection (((4))) (3) of this section, 34
it is unlawful for any person to knowingly open carry a firearm or 35
other weapon, as defined in RCW 9.41.300(1)(b), while knowingly being 36
in the following locations:37
(a) The west state capitol campus grounds; any buildings on the 38
state capitol grounds; any state legislative office; or any location 39
p. 4 ESHB 1630.SL
of a public state legislative hearing or meeting during the hearing 1
or meeting; or2
(b) City, town, county, or other municipality buildings used in 3
connection with meetings of the governing body of the city, town, 4
county, or other municipality, or any location of a public meeting or 5
hearing of the governing body of a city, town, county, or other 6
municipality during the hearing or meeting.7
(2) For the purposes of this section:8
(a) "Buildings on the state capitol grounds" means the following 9
buildings located on the state capitol grounds, commonly known as 10
Legislative, Temple of Justice, John L. O'Brien, John A. Cherberg, 11
Irving R. Newhouse, Joel M. Pritchard, Helen Sommers, Insurance, 12
Governor's Mansion, Visitor Information Center, Carlyon House, Ayer 13
House, General Administration, 1500 Jefferson, James M. Dolliver, Old 14
Capitol, Capitol Court, State Archives, Natural Resources, Office 15
Building #2, Highway-License, Transportation, Employment Security, 16
Child Care Center, Union Avenue, Washington Street, Professional 17
Arts, State Farm, and Powerhouse Buildings.18
(((3))) (b) "Governing body" has the same meaning as in RCW 19
42.30.020.20
(c) "West state capitol campus grounds" means areas of the campus 21
south of Powerhouse Rd. SW, south of Union Avenue SW as extended 22
westward to Powerhouse Rd. SW, west of Capitol Way, north of 15th 23
Avenue SW between Capitol Way S. and Water Street SW, west of Water 24
Street between 15th Avenue SW and 16th Avenue SW, north of 16th 25
Avenue SW between Water Street SW and the east banks of Capitol Lake, 26
and east of the banks of Capitol Lake.27
(((4))) (3) Duly authorized federal, state, or local law 28
enforcement officers or personnel are exempt from this section when 29
carrying a firearm or other weapon in conformance with their 30
employing agency's policy. Members of the armed forces of the United 31
States or the state of Washington are exempt from this section when 32
carrying a firearm or other weapon in the discharge of official duty 33
or traveling to or from official duty.34
(((5))) (4) A person violating this section is guilty of a 35
((gross)) misdemeanor. Second and subsequent violations of this 36
section are a gross misdemeanor.37
(((6))) (5) Nothing in this section applies to the lawful 38
concealed carry of a firearm by a person who has a valid concealed 39
pistol license.40
p. 5 ESHB 1630.SL
(6) A city, town, county, or other municipality must post signs 1
providing notice of the restrictions on possession of firearms and 2
other weapons under this section at any locations specified in 3
subsection (1)(b) of this section.4
NEW SECTION. Sec. 3. A new section is added to chapter 9.41 RCW 5
to read as follows:6
(1) Except as provided in subsections (3) and (4) of this 7
section, it is unlawful for a person to knowingly carry onto, or to 8
possess in, a ballot counting center, a voting center, a student 9
engagement hub, or the county elections and voter registration 10
office, or areas of facilities while being used as a ballot counting 11
center, a voting center, a student engagement hub, or the county 12
elections and voter registration office:13
(a) Any firearm;14
(b) Any other dangerous weapon as described in RCW 9.41.250;15
(c) Any air gun, including any air pistol or air rifle, designed 16
to propel a BB, pellet, or other projectile by the discharge of 17
compressed air, carbon dioxide, or other gas;18
(d)(i) Any portable device manufactured to function as a weapon 19
and which is commonly known as a stun gun, including a projectile 20
stun gun that projects wired probes that are attached to the device 21
that emit an electrical charge designed to administer to a person or 22
an animal an electric shock, charge, or impulse; or23
(ii) Any device, object, or instrument that is used or intended 24
to be used as a weapon with the intent to injure a person by an 25
electric shock, charge, or impulse; or26
(e) Any spring blade knife as defined in RCW 9.41.250.27
(2) A person who violates subsection (1) of this section is 28
guilty of a misdemeanor. Second and subsequent violations of this 29
section are a gross misdemeanor. If a person is convicted of a 30
violation of subsection (1)(a) of this section, the person shall have 31
his or her concealed pistol license, if any, revoked for a period of 32
three years. Anyone convicted under subsection (1)(a) of this section 33
is prohibited from applying for a concealed pistol license for a 34
period of three years from the date of conviction. The court shall 35
order the person to immediately surrender any concealed pistol 36
license, and within three business days notify the department of 37
licensing in writing of the required revocation of any concealed 38
pistol license held by the person. Upon receipt of the notification 39
p. 6 ESHB 1630.SL
by the court, the department of licensing shall determine if the 1
person has a concealed pistol license. If the person does have a 2
concealed pistol license, the department of licensing shall 3
immediately notify the license-issuing authority which, upon receipt 4
of the notification, shall immediately revoke the license.5
(3) Subsection (1) of this section does not apply to:6
(a) Any law enforcement officer of a federal, state, or local 7
government agency; or8
(b) Any security personnel hired by a county and engaged in 9
security specifically for a counting center, a voting center, a 10
student engagement hub, or the county elections and voter 11
registration office or areas of facilities used for such purposes. 12
However, a person who is not a commissioned law enforcement officer 13
and who provides elections and voter registration security services 14
under the direction of a county may not possess a firearm or device 15
listed in subsection (1)(d) of this section unless he or she has 16
successfully completed training in the use of firearms or such 17
devices that is equivalent to the training received by commissioned 18
law enforcement officers.19
(4) Subsection (1) of this section does not prohibit concealed 20
carry of a pistol, by a person licensed to carry a concealed pistol 21
pursuant to RCW 9.41.070, in any voting center, student engagement 22
hub, county elections and voter registration office, or areas of 23
facilities while being used as a voting center, student engagement 24
hub, or county elections and voter registration office. However, no 25
weapon restricted by this section, whether concealed or openly 26
carried, may be possessed in any ballot counting center or areas of 27
facilities while being used as a ballot counting center.28
(5) Elections officers and officials must post signs providing 29
notice of the restriction on possession of firearms and other weapons 30
at each counting center, voting center, student engagement hub, or 31
county elections and voter registration office, or areas of 32
facilities while being used as a counting center, a voting center, a 33
student engagement hub, or the county elections and voter 34
registration office.35
(6) For the purposes of this section:36
(a) "Ballot counting center" has the same meaning as "counting 37
center" in RCW 29A.04.019;38
(b) "Voting center" means a voting center as described in RCW 39
29A.40.160; and40
p. 7 ESHB 1630.SL
(c) "Student engagement hub" means a student engagement hub as 1
described in RCW 29A.40.180.2
Sec. 4. RCW 9.41.280 and 2022 c . . . s 1 (section 1 of this 3
act) and 2022 c . . . (Substitute House Bill No. 1224) s 2 are each 4
reenacted to read as follows:5
(1) It is unlawful for a person to knowingly carry onto, or to 6
possess on, public or private elementary or secondary school 7
premises, school-provided transportation, areas of facilities while 8
being used exclusively by public or private schools, or areas of 9
facilities while being used for official meetings of a school 10
district board of directors:11
(a) Any firearm;12
(b) Any other dangerous weapon as defined in RCW 9.41.250;13
(c) Any device commonly known as "nun-chu-ka sticks," consisting 14
of two or more lengths of wood, metal, plastic, or similar substance 15
connected with wire, rope, or other means;16
(d) Any device, commonly known as "throwing stars," which are 17
multipointed, metal objects designed to embed upon impact from any 18
aspect;19
(e) Any air gun, including any air pistol or air rifle, designed 20
to propel a BB, pellet, or other projectile by the discharge of 21
compressed air, carbon dioxide, or other gas;22
(f)(i) Any portable device manufactured to function as a weapon 23
and which is commonly known as a stun gun, including a projectile 24
stun gun which projects wired probes that are attached to the device 25
that emit an electrical charge designed to administer to a person or 26
an animal an electric shock, charge, or impulse; or27
(ii) Any device, object, or instrument which is used or intended 28
to be used as a weapon with the intent to injure a person by an 29
electric shock, charge, or impulse; or30
(g) Any spring blade knife as defined in RCW 9.41.250.31
(2) Any such person violating subsection (1) of this section is 32
guilty of a misdemeanor. Second and subsequent violations of 33
subsection (1) of this section are a gross misdemeanor. If any person 34
is convicted of a violation of subsection (1)(a) of this section, the 35
person shall have his or her concealed pistol license, if any revoked 36
for a period of three years. Anyone convicted under this subsection 37
is prohibited from applying for a concealed pistol license for a 38
period of three years. The court shall send notice of the revocation 39
p. 8 ESHB 1630.SL
to the department of licensing, and the city, town, or county which 1
issued the license.2
Any violation of subsection (1) of this section by elementary or 3
secondary school students constitutes grounds for expulsion from the 4
state's public schools in accordance with RCW 28A.600.010. An 5
appropriate school authority shall promptly notify law enforcement 6
and the student's parent or guardian regarding any allegation or 7
indication of such violation.8
Upon the arrest of a person at least 12 years of age and not more 9
than 21 years of age for violating subsection (1)(a) of this section, 10
the person shall be detained or confined in a juvenile or adult 11
facility for up to 72 hours. The person shall not be released within 12
the 72 hours until after the person has been examined and evaluated 13
by the designated crisis responder unless the court in its discretion 14
releases the person sooner after a determination regarding probable 15
cause or on probation bond or bail.16
Within 24 hours of the arrest, the arresting law enforcement 17
agency shall refer the person to the designated crisis responder for 18
examination and evaluation under chapter 71.05 or 71.34 RCW and 19
inform a parent or guardian of the person of the arrest, detention, 20
and examination. The designated crisis responder shall examine and 21
evaluate the person subject to the provisions of chapter 71.05 or 22
71.34 RCW. The examination shall occur at the facility in which the 23
person is detained or confined. If the person has been released on 24
probation, bond, or bail, the examination shall occur wherever is 25
appropriate.26
Upon completion of any examination by the designated crisis 27
responder, the results of the examination shall be sent to the court, 28
and the court shall consider those results in making any 29
determination about the person.30
The designated crisis responder shall, to the extent permitted by 31
law, notify a parent or guardian of the person that an examination 32
and evaluation has taken place and the results of the examination. 33
Nothing in this subsection prohibits the delivery of additional, 34
appropriate mental health examinations to the person while the person 35
is detained or confined.36
If the designated crisis responder determines it is appropriate, 37
the designated crisis responder may refer the person to the local 38
behavioral health administrative services organization for follow-up 39
p. 9 ESHB 1630.SL
services or the health care authority or other community providers 1
for other services to the family and individual.2
(3) Subsection (1) of this section does not apply to:3
(a) Any student or employee of a private military academy when on 4
the property of the academy;5
(b) Any person engaged in military, law enforcement, or school 6
district security activities. However, a person who is not a 7
commissioned law enforcement officer and who provides school security 8
services under the direction of a school administrator may not 9
possess a device listed in subsection (1)(f) of this section unless 10
he or she has successfully completed training in the use of such 11
devices that is equivalent to the training received by commissioned 12
law enforcement officers;13
(c) Any person who is involved in a convention, showing, 14
demonstration, lecture, or firearms safety course authorized by 15
school authorities in which the firearms of collectors or instructors 16
are handled or displayed;17
(d) Any person while the person is participating in a firearms or 18
air gun competition approved by the school or school district;19
(e) Any person in possession of a pistol who has been issued a 20
license under RCW 9.41.070, or is exempt from the licensing 21
requirement by RCW 9.41.060, while:22
(i) Picking up or dropping off a student; or23
(ii) Attending official meetings of a school district board of 24
directors held off school district-owned or leased property;25
(f) Any nonstudent at least 18 years of age legally in possession 26
of a firearm or dangerous weapon that is secured within an attended 27
vehicle or concealed from view within a locked unattended vehicle 28
while conducting legitimate business at the school;29
(g) Any nonstudent at least 18 years of age who is in lawful 30
possession of an unloaded firearm, secured in a vehicle while 31
conducting legitimate business at the school; or32
(h) Any law enforcement officer of the federal, state, or local 33
government agency.34
(4) Subsections (1)(c) and (d) of this section do not apply to 35
any person who possesses nun-chu-ka sticks, throwing stars, or other 36
dangerous weapons to be used in martial arts classes authorized to be 37
conducted on the school premises.38
(5) Subsection (1)(f)(i) of this section does not apply to any 39
person who possesses a device listed in subsection (1)(f)(i) of this 40
p. 10 ESHB 1630.SL
section, if the device is possessed and used solely for the purpose 1
approved by a school for use in a school authorized event, lecture, 2
or activity conducted on the school premises.3
(6) Except as provided in subsection (3)(b), (c), (f), and (h) of 4
this section, firearms are not permitted in a public or private 5
school building.6
(7) "GUN-FREE ZONE" signs shall be posted around school 7
facilities giving warning of the prohibition of the possession of 8
firearms on school grounds.9
(8) A school district board of directors must post signs 10
providing notice of the restrictions on possession of firearms and 11
other weapons under this section at facilities being used for 12
official meetings of the school district board of directors.13
NEW SECTION. Sec. 5. Section 4 of this act takes effect July 1, 14
2022. Section 4 of this act takes effect only if Substitute House 15
Bill No. 1224 is enacted into law by the effective date of this 16
section.17
Passed by the House March 7, 2022.
Passed by the Senate March 1, 2022.
Approved by the Governor March 23, 2022.
Filed in Office of Secretary of State March 23, 2022.
--- END ---
p. 11 ESHB 1630.SL
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance No. 5455 Study Session Date: September 14, 2022
amending Sections 9A.32.070 and
9A.32.080 of the Bremerton Municipal Code
entitled “Domestic Violence – State Statutes
Adopted by Reference” and “Order for
Protection and Restraining Order – State
Statutes Adopted by Reference,”
respectively.
COUNCIL MEETING Date: September 21, 2022
Department: Legal
Presenter: Gary Hersey
Phone: (360) 473-2345
SUMMARY: The City Council desires to update or revise provisions relating to domestic violence
and protection orders in order to bring Chapter 9A.32 of the Bremerton Municipal Code into
compliance with updated state laws.
ATTACHMENTS: 1) Ordinance No. 5455; 2) Substitute House Bill 1901
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Ordinance No. 5455 amending Sections 9A.32.070 and 9A.32.080 of the Bremerton
Municipal Code entitled “Domestic Violence – State Statutes Adopted by Reference” and “Order for
Protection and Restraining Order – State Statutes Adopted by Reference,” respectively. to bring
Chapter 9A.32 of the Bremerton Municipal Code into compliance with updated state laws.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
3E
Page 1 of 2
City Ordinance Form BMC 9A.32.070 & BMC 9A.32.080
Rev. 09/2021
ORDINANCE NO. 5455
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 9A.32.070 of the
Bremerton Municipal Code entitled “Domestic Violence – State
Statutes Adopted by Reference” and Section 9A.32.080 of the
Bremerton Municipal Code entitled “Order for Protection and
Restraining Order – State Statutes Adopted by Reference.”
.
WHEREAS, the City Council desires to update or revise provisions relating to
domestic violence and protection orders in order to bring Chapter 9A.32 of the Bremerton
Municipal Code into compliance with updated state laws; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 9A.32.070 of the Bremerton Municipal Code entitled
"Domestic Violence – State Statutes Adopted by Reference" is hereby amended to read as
follows:
9A.32.070 DOMESTIC VIOLENCE - STATE STATUTES ADOPTED BY
REFERENCE.
Chapters 9A.36, and 10.99 and 26.50 RCW, with the exception of those provisions
contained therein for which a violation constitutes a felony crime, are adopted by reference as
currently enacted and as hereinafter amended from time to time, and shall be given the same
force and effect as if set forth herein in full.
SECTION 2. Section 9A.32.080 of the Bremerton Municipal Code entitled
"Order for Protection and Restraining Order – State Statutes Adopted by Reference" is hereby
amended to read as follows:
9A.32.080 ORDER FOR PROTECTION AND RESTRAINING ORDER -
STATE STATUTES ADOPTED BY REFERENCE.
RCW 26.09.300 and Chapters 10.14 and 26.507.105 RCW, with the exception of those
provisions contained therein for which a violation constitutes a felony crime, are hereby adopted
by reference as currently enacted and as hereinafter amended from time to time, and shall be
given the same force and effect as if set forth herein in full.
SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 4. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
Page 2 of 2
City Ordinance Form BMC 9A.32.070 & BMC 9A.32.080
Rev. 09/2021
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 5. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 20___.
_________________________________
MICHAEL GOODNOW, Council President
Approved this ________ day of ________________________, 20___.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 20__.
EFFECTIVE the ________ day of ______________________, 20__.
ORDINANCE NO. ________.
R:\Legal\Legal\Ordinances\Legal\2022.09.06 Ordinance - 9A.32.070 & 9A.32.080 (DV & Protection Orders).docx
CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1901
Chapter 268, Laws of 2022
67th Legislature
2022 Regular Session
CIVIL PROTECTION ORDERS—VARIOUS PROVISIONS
EFFECTIVE DATE: July 1, 2022—Except for sections 9 through 14 and
47, which take effect March 31, 2022; and section 37, which takes
effect July 1, 2023.
Passed by the House March 8, 2022
Yeas 57 Nays 40
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate March 3, 2022
Yeas 30 Nays 17
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
SUBSTITUTE HOUSE BILL 1901 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved March 31, 2022 4:35 PM FILED
April 1, 2022
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
AN ACT Relating to updating laws concerning civil protection 1
orders to further enhance and improve their efficacy and 2
accessibility; amending RCW 7.105.010, 7.105.050, 7.105.070, 3
7.105.075, 7.105.100, 7.105.105, 7.105.115, 7.105.120, 7.105.150, 4
7.105.155, 7.105.165, 7.105.200, 7.105.205, 7.105.250, 7.105.255, 5
7.105.305, 7.105.310, 7.105.320, 7.105.340, 7.105.400, 7.105.450, 6
7.105.460, 7.105.500, 7.105.510, 7.105.555, 7.105.902, 9.41.040, 7
9.41.800, 9.41.801, 42.56.240, 4.08.050, 9.41.042, 12.04.140, 8
12.04.150, 13.40.0357, 13.40.0357, 13.40.160, 13.40.193, 13.40.265, 9
and 26.28.015; amending 2021 c 215 s 87 (uncodified); reenacting and 10
amending RCW 70.02.240; reenacting RCW 50.20.050 and 70.02.230; 11
creating a new section; repealing RCW 7.105.055, 7.105.060, 12
7.105.170, and 7.105.901; providing effective dates; providing 13
expiration dates; and declaring an emergency.14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:15
Sec. 1. RCW 7.105.010 and 2021 c 215 s 2 are each amended to 16
read as follows:17
The definitions in this section apply throughout this chapter 18
unless the context clearly requires otherwise.19
(1) "Abandonment" means action or inaction by a person or entity 20
with a duty of care for a vulnerable adult that leaves the vulnerable 21
SUBSTITUTE HOUSE BILL 1901
AS AMENDED BY THE SENATE
Passed Legislature - 2022 Regular Session
State of Washington 67th Legislature 2022 Regular Session
By House Civil Rights & Judiciary (originally sponsored by
Representatives Goodman, Davis, Taylor, and Kloba)
READ FIRST TIME 01/31/22.
p. 1 SHB 1901.SL
adult without the means or ability to obtain necessary food, 1
clothing, shelter, or health care.2
(2) "Abuse," for the purposes of a vulnerable adult protection 3
order, means intentional, willful, or reckless action or inaction 4
that inflicts injury, unreasonable confinement, intimidation, or 5
punishment on a vulnerable adult. In instances of abuse of a 6
vulnerable adult who is unable to express or demonstrate physical 7
harm, pain, or mental anguish, the abuse is presumed to cause 8
physical harm, pain, or mental anguish. "Abuse" includes sexual 9
abuse, mental abuse, physical abuse, personal exploitation, and 10
improper use of restraint against a vulnerable adult, which have the 11
following meanings:12
(a) "Improper use of restraint" means the inappropriate use of 13
chemical, physical, or mechanical restraints for convenience or 14
discipline, or in a manner that: (i) Is inconsistent with federal or 15
state licensing or certification requirements for facilities, 16
hospitals, or programs authorized under chapter 71A.12 RCW; (ii) is 17
not medically authorized; or (iii) otherwise constitutes abuse under 18
this section.19
(b) "Mental abuse" means an intentional, willful, or reckless 20
verbal or nonverbal action that threatens, humiliates, harasses, 21
coerces, intimidates, isolates, unreasonably confines, or punishes a 22
vulnerable adult. "Mental abuse" may include ridiculing, yelling, 23
swearing, or withholding or tampering with prescribed medications or 24
their dosage.25
(c) "Personal exploitation" means an act of forcing, compelling, 26
or exerting undue influence over a vulnerable adult causing the 27
vulnerable adult to act in a way that is inconsistent with relevant 28
past behavior, or causing the vulnerable adult to perform services 29
for the benefit of another.30
(d) "Physical abuse" means the intentional, willful, or reckless 31
action of inflicting bodily injury or physical mistreatment. 32
"Physical abuse" includes, but is not limited to, striking with or 33
without an object, slapping, pinching, strangulation, suffocation, 34
kicking, shoving, or prodding.35
(e) "Sexual abuse" means any form of nonconsensual sexual conduct 36
including, but not limited to, unwanted or inappropriate touching, 37
rape, molestation, indecent liberties, sexual coercion, sexually 38
explicit photographing or recording, voyeurism, indecent exposure, 39
and sexual harassment. "Sexual abuse" also includes any sexual 40
p. 2 SHB 1901.SL
conduct between a staff person, who is not also a resident or client, 1
of a facility or a staff person of a program authorized under chapter 2
71A.12 RCW, and a vulnerable adult living in that facility or 3
receiving service from a program authorized under chapter 71A.12 RCW, 4
whether or not the sexual conduct is consensual.5
(3) "Chemical restraint" means the administration of any drug to 6
manage a vulnerable adult's behavior in a way that reduces the safety 7
risk to the vulnerable adult or others, has the temporary effect of 8
restricting the vulnerable adult's freedom of movement, and is not 9
standard treatment for the vulnerable adult's medical or psychiatric 10
condition.11
(4) "Consent" in the context of sexual acts means that at the 12
time of sexual contact, there are actual words or conduct indicating 13
freely given agreement to that sexual contact. Consent must be 14
ongoing and may be revoked at any time. Conduct short of voluntary 15
agreement does not constitute consent as a matter of law. Consent 16
cannot be freely given when a person does not have capacity due to 17
disability, intoxication, or age. Consent cannot be freely given when 18
the other party has authority or control over the care or custody of 19
a person incarcerated or detained.20
(5)(a) "Course of conduct" means a pattern of conduct composed of 21
a series of acts over a period of time, however short, evidencing a 22
continuity of purpose. "Course of conduct" includes any form of 23
communication, contact, or conduct, including the sending of an 24
electronic communication, but does not include constitutionally 25
protected free speech. Constitutionally protected activity is not 26
included within the meaning of "course of conduct."27
(b) In determining whether the course of conduct serves any 28
legitimate or lawful purpose, a court should consider whether:29
(i) Any current contact between the parties was initiated by the 30
respondent only or was initiated by both parties;31
(ii) The respondent has been given clear notice that all further 32
contact with the petitioner is unwanted;33
(iii) The respondent's course of conduct appears designed to 34
alarm, annoy, or harass the petitioner;35
(iv) The respondent is acting pursuant to any statutory authority 36
including, but not limited to, acts which are reasonably necessary 37
to:38
(A) Protect property or liberty interests;39
(B) Enforce the law; or40
p. 3 SHB 1901.SL
(C) Meet specific statutory duties or requirements;1
(v) The respondent's course of conduct has the purpose or effect 2
of unreasonably interfering with the petitioner's privacy or the 3
purpose or effect of creating an intimidating, hostile, or offensive 4
living environment for the petitioner; or5
(vi) Contact by the respondent with the petitioner or the 6
petitioner's family has been limited in any manner by any previous 7
court order.8
(6) "Court clerk" means court administrators in courts of limited 9
jurisdiction and elected court clerks.10
(7) "Dating relationship" means a social relationship of a 11
romantic nature. Factors that the court may consider in making this 12
determination include: (a) The length of time the relationship has 13
existed; (b) the nature of the relationship; and (c) the frequency of 14
interaction between the parties.15
(8) "Domestic violence" means:16
(a) Physical harm, bodily injury, assault, or the infliction of 17
fear of physical harm, bodily injury, or assault; nonconsensual 18
sexual conduct or nonconsensual sexual penetration; coercive control; 19
unlawful harassment; or stalking of one intimate partner by another 20
intimate partner; or21
(b) Physical harm, bodily injury, assault, or the infliction of 22
fear of physical harm, bodily injury, or assault; nonconsensual 23
sexual conduct or nonconsensual sexual penetration; coercive control; 24
unlawful harassment; or stalking of one family or household member by 25
another family or household member.26
(9) "Electronic monitoring" has the same meaning as in RCW 27
9.94A.030.28
(10) "Essential personal effects" means those items necessary for 29
a person's immediate health, welfare, and livelihood. "Essential 30
personal effects" includes, but is not limited to, clothing, cribs, 31
bedding, medications, personal hygiene items, cellular phones and 32
other electronic devices, and documents, including immigration, 33
health care, financial, travel, and identity documents.34
(11) "Facility" means a residence licensed or required to be 35
licensed under chapter 18.20 RCW, assisted living facilities; chapter 36
18.51 RCW, nursing homes; chapter 70.128 RCW, adult family homes; 37
chapter 72.36 RCW, soldiers' homes; chapter 71A.20 RCW, residential 38
habilitation centers; or any other facility licensed or certified by 39
the department of social and health services.40
p. 4 SHB 1901.SL
(12) "Family or household members" means: (a) Persons related by 1
blood, marriage, domestic partnership, or adoption; (b) persons who 2
currently or formerly resided together; (c) persons who have a 3
biological or legal parent-child relationship, including stepparents 4
and stepchildren and grandparents and grandchildren, or a parent's 5
intimate partner and children; and (d) a person who is acting or has 6
acted as a legal guardian.7
(13) "Financial exploitation" means the illegal or improper use 8
of, control over, or withholding of, the property, income, resources, 9
or trust funds of the vulnerable adult by any person or entity for 10
any person's or entity's profit or advantage other than for the 11
vulnerable adult's profit or advantage. "Financial exploitation" 12
includes, but is not limited to:13
(a) The use of deception, intimidation, or undue influence by a 14
person or entity in a position of trust and confidence with a 15
vulnerable adult to obtain or use the property, income, resources, 16
government benefits, health insurance benefits, or trust funds of the 17
vulnerable adult for the benefit of a person or entity other than the 18
vulnerable adult;19
(b) The breach of a fiduciary duty, including, but not limited 20
to, the misuse of a power of attorney, trust, or a guardianship or 21
conservatorship appointment, that results in the unauthorized 22
appropriation, sale, or transfer of the property, income, resources, 23
or trust funds of the vulnerable adult for the benefit of a person or 24
entity other than the vulnerable adult; or25
(c) Obtaining or using a vulnerable adult's property, income, 26
resources, or trust funds without lawful authority, by a person or 27
entity who knows or clearly should know that the vulnerable adult 28
lacks the capacity to consent to the release or use of the vulnerable 29
adult's property, income, resources, or trust funds.30
(14) "Firearm" means a weapon or device from which a projectile 31
or projectiles may be fired by an explosive such as gunpowder. 32
"Firearm" does not include a flare gun or other pyrotechnic visual 33
distress signaling device, or a powder-actuated tool or other device 34
designed solely to be used for construction purposes. "Firearm" also 35
includes parts that can be assembled to make a firearm.36
(15) "Full hearing" means a hearing where the court determines 37
whether to issue a full protection order.38
(16) "Full protection order" means a protection order that is 39
issued by the court after notice to the respondent and where the 40
p. 5 SHB 1901.SL
parties had the opportunity for a full hearing by the court. "Full 1
protection order" includes a protection order entered by the court by 2
agreement of the parties to resolve the petition for a protection 3
order without a full hearing.4
(17) "Hospital" means a facility licensed under chapter 70.41 or 5
71.12 RCW or a state hospital defined in chapter 72.23 RCW and any 6
employee, agent, officer, director, or independent contractor 7
thereof.8
(18) "Interested person" means a person who demonstrates to the 9
court's satisfaction that the person is interested in the welfare of 10
a vulnerable adult, that the person has a good faith belief that the 11
court's intervention is necessary, and that the vulnerable adult is 12
unable, due to incapacity, undue influence, or duress at the time the 13
petition is filed, to protect his or her own interests.14
(19) "Intimate partner" means: (a) Spouses or domestic partners; 15
(b) former spouses or former domestic partners; (c) persons who have 16
a child in common regardless of whether they have been married or 17
have lived together at any time, unless the child is conceived 18
through sexual assault; or (d) persons who have or have had a dating 19
relationship where both persons are at least 13 years of age or 20
older.21
(20)(a) "Isolate" or "isolation" means to restrict a person's 22
ability to communicate, visit, interact, or otherwise associate with 23
persons of his or her choosing. Isolation may be evidenced by acts 24
including, but not limited to:25
(i) Acts that prevent a person from sending, making, or receiving 26
his or her personal mail, electronic communications, or telephone 27
calls; or28
(ii) Acts that prevent or obstruct a person from meeting with 29
others, such as telling a prospective visitor or caller that the 30
person is not present or does not wish contact, where the statement 31
is contrary to the express wishes of the person.32
(b) The term "isolate" or "isolation" may not be construed in a 33
manner that prevents a guardian or limited guardian from performing 34
his or her fiduciary obligations under chapter 11.92 RCW or prevents 35
a hospital or facility from providing treatment consistent with the 36
standard of care for delivery of health services.37
(21) "Judicial day" means days of the week other than Saturdays, 38
Sundays, or legal holidays.39
p. 6 SHB 1901.SL
(22) "Mechanical restraint" means any device attached or adjacent 1
to a vulnerable adult's body that the vulnerable adult cannot easily 2
remove that restricts freedom of movement or normal access to the 3
vulnerable adult's body. "Mechanical restraint" does not include the 4
use of devices, materials, or equipment that are (a) medically 5
authorized, as required, and (b) used in a manner that is consistent 6
with federal or state licensing or certification requirements for 7
facilities, hospitals, or programs authorized under chapter 71A.12 8
RCW.9
(23) "Minor" means a person who is under 18 years of age.10
(24) "Neglect" means: (a) A pattern of conduct or inaction by a 11
person or entity with a duty of care that fails to provide the goods 12
and services that maintain the physical or mental health of a 13
vulnerable adult, or that fails to avoid or prevent physical or 14
mental harm or pain to a vulnerable adult; or (b) an act or omission 15
by a person or entity with a duty of care that demonstrates a serious 16
disregard of consequences of such a magnitude as to constitute a 17
clear and present danger to the vulnerable adult's health, welfare, 18
or safety including, but not limited to, conduct prohibited under RCW 19
9A.42.100.20
(25) "Nonconsensual" means a lack of freely given consent.21
(26) "Nonphysical contact" includes, but is not limited to, 22
written notes, mail, telephone calls, email, text messages, contact 23
through social media applications, contact through other 24
technologies, ((and)) or contact through third parties.25
(27) "Petitioner" means any named petitioner or any other person 26
identified in the petition on whose behalf the petition is brought.27
(28) "Physical restraint" means the application of physical force 28
without the use of any device, for the purpose of restraining the 29
free movement of a vulnerable adult's body. "Physical restraint" does 30
not include (a) briefly holding, without undue force, a vulnerable 31
adult in order to calm or comfort him or her, or (b) holding a 32
vulnerable adult's hand to safely escort him or her from one area to 33
another.34
(29) "Possession" means having an item in one's custody or 35
control. Possession may be either actual or constructive. Actual 36
possession occurs when the item is in the actual physical custody of 37
the person charged with possession. Constructive possession occurs 38
when there is no actual physical possession, but there is dominion 39
and control over the item.40
p. 7 SHB 1901.SL
(30) "Respondent" means the person who is identified as the 1
respondent in a petition filed under this chapter.2
(31) "Sexual conduct" means any of the following:3
(a) Any intentional or knowing touching or fondling of the 4
genitals, anus, or breasts, directly or indirectly, including through 5
clothing;6
(b) Any intentional or knowing display of the genitals, anus, or 7
breasts for the purposes of arousal or sexual gratification of the 8
respondent;9
(c) Any intentional or knowing touching or fondling of the 10
genitals, anus, or breasts, directly or indirectly, including through 11
clothing, that the petitioner is forced to perform by another person 12
or the respondent;13
(d) Any forced display of the petitioner's genitals, anus, or 14
breasts for the purposes of arousal or sexual gratification of the 15
respondent or others;16
(e) Any intentional or knowing touching of the clothed or 17
unclothed body of a child under the age of 16, if done for the 18
purpose of sexual gratification or arousal of the respondent or 19
others; or20
(f) Any coerced or forced touching or fondling by a child under 21
the age of 16, directly or indirectly, including through clothing, of 22
the genitals, anus, or breasts of the respondent or others.23
(32) "Sexual penetration" means any contact, however slight, 24
between the sex organ or anus of one person by an object, the sex 25
organ, mouth, or anus of another person, or any intrusion, however 26
slight, of any part of the body of one person or of any animal or 27
object into the sex organ or anus of another person including, but 28
not limited to, cunnilingus, fellatio, or anal penetration. Evidence 29
of emission of semen is not required to prove sexual penetration.30
(33) "Stalking" means any of the following:31
(a) Any act of stalking as defined under RCW 9A.46.110;32
(b) Any act of cyberstalking as defined under RCW 9.61.260; or33
(c) Any course of conduct involving repeated or continuing 34
contacts, attempts to contact, monitoring, tracking, surveillance, 35
keeping under observation, disrupting activities in a harassing 36
manner, or following of another person that:37
(i) Would cause a reasonable person to feel intimidated, 38
frightened, under duress, significantly disrupted, or threatened and 39
that actually causes such a feeling;40
p. 8 SHB 1901.SL
(ii) Serves no lawful purpose; and1
(iii) The respondent knows, or reasonably should know, threatens, 2
frightens, or intimidates the person, even if the respondent did not 3
intend to intimidate, frighten, or threaten the person.4
(34) "Temporary protection order" means a protection order that 5
is issued before the court has decided whether to issue a full 6
protection order. "Temporary protection order" includes ex parte 7
temporary protection orders, as well as temporary protection orders 8
that are reissued by the court pending the completion of a full 9
hearing to decide whether to issue a full protection order. An "ex 10
parte temporary protection order" means a temporary protection order 11
that is issued without prior notice to the respondent.12
(35) "Unlawful harassment" means:13
(a) A knowing and willful course of conduct directed at a 14
specific person that seriously alarms, annoys, harasses, or is 15
detrimental to such person, and that serves no legitimate or lawful 16
purpose. The course of conduct must be such as would cause a 17
reasonable person to suffer substantial emotional distress, and must 18
actually cause substantial emotional distress to the petitioner; or19
(b) A single act of violence or threat of violence directed at a 20
specific person that seriously alarms, annoys, harasses, or is 21
detrimental to such person, and that serves no legitimate or lawful 22
purpose, which would cause a reasonable person to suffer substantial 23
emotional distress, and must actually cause substantial emotional 24
distress to the petitioner. A single threat of violence must include: 25
(i) A malicious and intentional threat as described in RCW 26
9A.36.080(1)(c); or (ii) the presence of a firearm or other weapon.27
(36) "Vulnerable adult" includes a person:28
(a) Sixty years of age or older who has the functional, mental, 29
or physical inability to care for himself or herself; or30
(b) Subject to a guardianship under RCW 11.130.265 or adult 31
subject to conservatorship under RCW 11.130.360; or32
(c) Who has a developmental disability as defined under RCW 33
71A.10.020; or34
(d) Admitted to any facility; or35
(e) Receiving services from home health, hospice, or home care 36
agencies licensed or required to be licensed under chapter 70.127 37
RCW; or38
p. 9 SHB 1901.SL
(f) Receiving services from a person under contract with the 1
department of social and health services to provide services in the 2
home under chapter 74.09 or 74.39A RCW; or3
(g) Who self-directs his or her own care and receives services 4
from a personal aide under chapter 74.39 RCW.5
(37)(a) "Coercive control" means a pattern of behavior that is 6
used to cause another to suffer physical, emotional, or psychological 7
harm, and in purpose or effect unreasonably interferes with a 8
person's free will and personal liberty. In determining whether the 9
interference is unreasonable, the court shall consider the context 10
and impact of the pattern of behavior from the perspective of a 11
similarly situated person. Examples of coercive control include, but 12
are not limited to, engaging in any of the following:13
(i) Intimidation or controlling or compelling conduct by:14
(A) Damaging, destroying, or threatening to damage or destroy, or 15
forcing the other party to relinquish, goods, property, or items of 16
special value;17
(B) Using technology to threaten, humiliate, harass, stalk, 18
intimidate, exert undue influence over, or abuse the other party, 19
including by engaging in cyberstalking, monitoring, surveillance, 20
impersonation, manipulation of electronic media, or distribution of 21
or threats to distribute actual or fabricated intimate images;22
(C) Carrying, exhibiting, displaying, drawing, or threatening to 23
use, any firearm or any other weapon apparently capable of producing 24
bodily harm, in a manner, under circumstances, and at a time and 25
place that either manifests an intent to intimidate the other party 26
or that warrants alarm by the other party for their safety or the 27
safety of other persons;28
(D) Driving recklessly with the other party or minor children in 29
the vehicle;30
(E) Communicating, directly or indirectly, the intent to:31
(I) Harm the other party's children, family members, friends, or 32
pets, including by use of physical forms of violence;33
(II) Harm the other party's career;34
(III) Attempt suicide or other acts of self-harm; or35
(IV) Contact local or federal agencies based on actual or 36
suspected immigration status;37
(F) Exerting control over the other party's identity documents;38
(G) Making, or threatening to make, private information public, 39
including the other party's sexual orientation or gender identity, 40
p. 10 SHB 1901.SL
medical or behavioral health information, or other confidential 1
information that jeopardizes safety; or2
(H) Engaging in sexual or reproductive coercion;3
(ii) Causing dependence, confinement, or isolation of the other 4
party from friends, relatives, or other sources of support, including 5
schooling and employment, or subjecting the other party to physical 6
confinement or restraint;7
(iii) Depriving the other party of basic necessities or 8
committing other forms of financial exploitation;9
(iv) Controlling, exerting undue influence over, interfering 10
with, regulating, or monitoring the other party's movements, 11
communications, daily behavior, finances, economic resources, or 12
employment, including but not limited to interference with or 13
attempting to limit access to services for children of the other 14
party, such as health care, medication, child care, or school-based 15
extracurricular activities;16
(v) Engaging in vexatious litigation or abusive litigation as 17
defined in RCW 26.51.020 against the other party to harass, coerce, 18
or control the other party, to diminish or exhaust the other party's 19
financial resources, or to compromise the other party's employment or 20
housing; or21
(vi) Engaging in psychological aggression, including inflicting 22
fear, humiliating, degrading, or punishing the other party.23
(b) "Coercive control" does not include protective actions taken 24
by a party in good faith for the legitimate and lawful purpose of 25
protecting themselves or children from the risk of harm posed by the 26
other party.27
Sec. 2. RCW 7.105.050 and 2021 c 215 s 4 are each amended to 28
read as follows:29
(1) The superior((,)) and district((, and municipal)) courts have 30
jurisdiction over domestic violence protection order proceedings 31
((and)), sexual assault protection order proceedings, stalking 32
protection order proceedings, and antiharassment protection order 33
proceedings under this chapter((. The jurisdiction of district and 34
municipal courts is limited to enforcement of RCW 7.105.450(1), or 35
the equivalent municipal ordinance, and the issuance and enforcement 36
of temporary orders for protection provided for in RCW 7.105.305 37
if)), except that such proceedings must be transferred from district 38
court to superior court when:39
p. 11 SHB 1901.SL
(a) A superior court has exercised or is exercising jurisdiction 1
over a proceeding involving the parties;2
(b) ((The petition for relief under this chapter presents issues 3
of the residential schedule of, and contact with, children of the 4
parties; or5
(c) The petition for relief under this chapter requests the court 6
to exclude a party from the dwelling which the parties share)) The 7
action would have the effect of interfering with a respondent's care, 8
control, or custody of the respondent's minor child;9
(c) The action would affect the use or enjoyment of real property 10
for which the respondent has a cognizable claim or would exclude a 11
party from a shared dwelling;12
(d) The petitioner, victim, or respondent to the petition is 13
under 18 years of age; or14
(e) The district court is unable to verify whether there are 15
potentially conflicting or related orders involving the parties as 16
required by RCW 7.105.105 or 7.105.555.17
(2)(a) When the jurisdiction of a district ((or municipal)) court 18
is limited to the issuance and enforcement of a temporary protection 19
order, the district ((or municipal)) court shall set the full hearing 20
in superior court and transfer the case, indicating in the transfer 21
order the circumstances and findings supporting transfer to the 22
superior court.23
(b) If the notice and order are not served on the respondent in 24
time for the full hearing, the issuing court shall have concurrent 25
jurisdiction with the superior court to extend the temporary 26
protection order. The superior court to which the case is being 27
transferred shall determine whether to grant any request for a 28
continuance.29
(3) Transfer procedures, court calendars, and judicial officer 30
assignment must further the goals of this chapter to: Minimize delay; 31
make the system less complex; provide sufficient victim support, 32
consistency, safety, timeliness, and procedural fairness; enable 33
comprehensive use of electronic filing, case tracking, and records 34
management systems; provide for judicial officers with expertise and 35
training in protection orders and trauma-informed practices and 36
continuity of judicial officers at each hearing so the judicial 37
officer will have greater familiarity with the parties, history, and 38
allegations; and help ensure that there is compliance with timely and 39
comprehensive firearms relinquishment to reduce risk of harm. Courts 40
p. 12 SHB 1901.SL
shall make publicly available in print and online information about 1
their transfer procedures, court calendars, and judicial officer 2
assignment.3
Sec. 3. RCW 7.105.070 and 2021 c 215 s 8 are each amended to 4
read as follows:5
The superior courts have jurisdiction over extreme risk 6
protection order proceedings under this chapter. The juvenile court 7
may hear an extreme risk protection order proceeding under this 8
chapter if the respondent is under the age of 18 years. Additionally, 9
district ((and municipal)) courts have limited jurisdiction over the 10
issuance and enforcement of temporary extreme risk protection orders 11
issued under RCW 7.105.330. The district ((or municipal)) court shall 12
set the full hearing in superior court and transfer the case. If the 13
notice and order are not served on the respondent in time for the 14
full hearing, the issuing court has concurrent jurisdiction with the 15
superior court to extend the temporary extreme risk protection order. 16
The superior court to which the case is being transferred shall 17
determine whether to grant any request for a continuance.18
Sec. 4. RCW 7.105.075 and 2021 c 215 s 9 are each amended to 19
read as follows:20
An action for a protection order should be filed in the county 21
((or municipality)) where the petitioner resides. The petitioner may 22
also file in:23
(1) The county ((or municipality)) where an act giving rise to 24
the petition for a protection order occurred;25
(2) The county ((or municipality)) where a child to be protected 26
by the order primarily resides;27
(3) The county ((or municipality)) where the petitioner resided 28
prior to relocating if relocation was due to the respondent's 29
conduct; or30
(4) The court nearest to the petitioner's residence or former 31
residence under subsection (3) of this section.32
Sec. 5. RCW 7.105.100 and 2021 c 215 s 13 are each amended to 33
read as follows:34
(1) There exists an action known as a petition for a protection 35
order. The following types of petitions for a protection order may be 36
filed:37
p. 13 SHB 1901.SL
(a) A petition for a domestic violence protection order, which 1
must allege the existence of domestic violence committed against the 2
petitioner or petitioners by an intimate partner or a family or 3
household member. The petitioner may petition for relief on behalf of 4
himself or herself and on behalf of family or household members who 5
are minors or vulnerable adults. A petition for a domestic violence 6
protection order must specify whether the petitioner and the 7
respondent are intimate partners or family or household members. A 8
petitioner who has been sexually assaulted or stalked by an intimate 9
partner or a family or household member should, but is not required 10
to, seek a domestic violence protection order, rather than a sexual 11
assault protection order or a stalking protection order.12
(b) A petition for a sexual assault protection order, which must 13
allege the existence of nonconsensual sexual conduct or nonconsensual 14
sexual penetration that was committed against the petitioner by the 15
respondent. A petitioner who has been sexually assaulted by an 16
intimate partner or a family or household member should, but is not 17
required to, seek a domestic violence protection order, rather than a 18
sexual assault protection order. A single incident of nonconsensual 19
sexual conduct or nonconsensual sexual penetration is sufficient 20
grounds for a petition for a sexual assault protection order. The 21
petitioner may petition for a sexual assault protection order on 22
behalf of:23
(i) Himself or herself;24
(ii) A minor child, where the petitioner is the parent, legal 25
guardian, or custodian;26
(iii) A vulnerable adult, where the petitioner is an interested 27
person; or28
(iv) Any other adult for whom the petitioner demonstrates to the 29
court's satisfaction that the petitioner is interested in the adult's 30
well-being, the court's intervention is necessary, and the adult 31
cannot file the petition because of age, disability, health, or 32
inaccessibility.33
(c) A petition for a stalking protection order, which must allege 34
the existence of stalking committed against the petitioner or 35
petitioners by the respondent. A petitioner who has been stalked by 36
an intimate partner or a family or household member should, but is 37
not required to, seek a domestic violence protection order, rather 38
than a stalking protection order. The petitioner may petition for a 39
stalking protection order on behalf of:40
p. 14 SHB 1901.SL
(i) Himself or herself;1
(ii) A minor child, where the petitioner is the parent, legal 2
guardian, or custodian;3
(iii) A vulnerable adult, where the petitioner is an interested 4
person; or5
(iv) Any other adult for whom the petitioner demonstrates to the 6
court's satisfaction that the petitioner is interested in the adult's 7
well-being, the court's intervention is necessary, and the adult 8
cannot file the petition because of age, disability, health, or 9
inaccessibility.10
(d) A petition for a vulnerable adult protection order, which 11
must allege that the petitioner, or person on whose behalf the 12
petition is brought, is a vulnerable adult and that the petitioner, 13
or person on whose behalf the petition is brought, has been 14
abandoned, abused, financially exploited, or neglected, or is 15
threatened with abandonment, abuse, financial exploitation, or 16
neglect, by the respondent. ((If the petition is filed by an 17
interested person, the affidavit or declaration must also include a 18
statement of why the petitioner qualifies as an interested person.))19
(e) A petition for an extreme risk protection order, which must 20
allege that the respondent poses a significant danger of causing 21
personal injury to self or others by having in the respondent's 22
custody or control, purchasing, possessing, accessing, receiving, or 23
attempting to purchase or receive, a firearm. The petition must also 24
identify information the petitioner is able to provide about the 25
firearms, such as the number, types, and locations of any firearms 26
the petitioner believes to be in the respondent's current ownership, 27
possession, custody, access, or control. A petition for an extreme 28
risk protection order may be filed by (i) an intimate partner or a 29
family or household member of the respondent; or (ii) a law 30
enforcement agency.31
(f) A petition for an antiharassment protection order, which must 32
allege the existence of unlawful harassment committed against the 33
petitioner or petitioners by the respondent. If a petitioner is 34
seeking relief based on domestic violence, nonconsensual sexual 35
conduct, nonconsensual sexual penetration, or stalking, the 36
petitioner may, but is not required to, seek a domestic violence, 37
sexual assault, or stalking protection order, rather than an 38
antiharassment order. The petitioner may petition for an 39
antiharassment protection order on behalf of:40
p. 15 SHB 1901.SL
(i) Himself or herself;1
(ii) A minor child, where the petitioner is the parent, legal 2
guardian, or custodian;3
(iii) A vulnerable adult, where the petitioner is an interested 4
person; or5
(iv) Any other adult for whom the petitioner demonstrates to the 6
court's satisfaction that the petitioner is interested in the adult's 7
well-being, the court's intervention is necessary, and the adult 8
cannot file the petition because of age, disability, health, or 9
inaccessibility.10
(2) With the exception of vulnerable adult protection orders, a 11
person under 18 years of age who is 15 years of age or older may seek 12
relief under this chapter as a petitioner and is not required to seek 13
relief through a petition filed on his or her behalf. He or she may 14
also petition on behalf of a family or household member who is a 15
minor if chosen by the minor and capable of pursuing the minor's 16
stated interest in the action.17
(3) A person under 15 years of age who is seeking relief under 18
this chapter is required to seek relief by a person authorized as a 19
petitioner under this section.20
(4) If a petition for a protection order is filed by an 21
interested person, the affidavit or declaration must also include a 22
statement of why the petitioner qualifies as an interested person.23
(5) A petition for any type of protection order must not be 24
dismissed or denied on the basis that the conduct alleged by the 25
petitioner would meet the criteria for the issuance of another type 26
of protection order. If a petition meets the criteria for a different 27
type of protection order other than the one sought by the petitioner, 28
the court shall consider the petitioner's preference, and enter a 29
temporary protection order or set the matter for a hearing as 30
appropriate under the law. The court's decision on the appropriate 31
type of order shall not be premised on alleviating any potential 32
stigma on the respondent.33
(((5))) (6) The protection order petition must contain a section 34
where the petitioner, regardless of petition type, may request 35
specific relief provided for in RCW 7.105.310 that the petitioner 36
seeks for himself or herself or for family or household members who 37
are minors. The totality of selected relief, and any other relief the 38
court deems appropriate for the petitioner, or family or household 39
members who are minors, must be considered at the time of entry of 40
p. 16 SHB 1901.SL
temporary protection orders and at the time of entry of full 1
protection orders.2
(((6))) (7) If a court reviewing the petition for a protection 3
order or a request for a temporary protection order determines that 4
the petition was not filed in the correct court, the court shall 5
enter findings establishing the correct court, and direct the clerk 6
to transfer the petition to the correct court and to provide notice 7
of the transfer to all parties who have appeared.8
(((7))) (8) Upon filing a petition for a protection order, the 9
petitioner may request that the court enter an ex parte temporary 10
protection order and an order to surrender and prohibit weapons 11
without notice until a hearing on a full protection order may be 12
held. When requested, there shall be a rebuttable presumption to 13
include the petitioner's minor children as protected parties in the 14
ex parte temporary domestic violence protection order until the full 15
hearing to reduce the risk of harm to children during periods of 16
heightened risk, unless there is good cause not to include the minor 17
children. If the court denies the petitioner's request to include the 18
minor children, the court shall make written findings why the 19
children should not be included, pending the full hearing. An ex 20
parte temporary protection order shall be effective for a fixed 21
period of time and shall be issued initially for a period not to 22
exceed 14 days, which may be extended for good cause.23
(((8) The court may, at its discretion, issue a temporary order 24
on the petition with or without a hearing. If an order is not signed 25
upon presentation, the court shall set a hearing for a full 26
protection order not later than 14 days from the date of the filing 27
of the petition for a protection order, if the petition for a 28
protection order is filed before close of business on a judicial day. 29
If a petition for a protection order is filed after close of business 30
on a judicial day or is filed on a nonjudicial day, the court shall 31
set a hearing for a full protection order not later than 14 days from 32
the first judicial day after the petition is filed.))33
Sec. 6. RCW 7.105.105 and 2021 c 215 s 14 are each amended to 34
read as follows:35
The following apply to all petitions for protection orders under 36
this chapter.37
(1)(a) By January 1, 2023, county clerks on behalf of all 38
superior courts and, by January 1, 2026, all courts of limited 39
p. 17 SHB 1901.SL
jurisdiction, must permit petitions for protection orders and all 1
other filings in connection with the petition to be submitted as 2
preferred by the petitioner either: (i) In person; (ii) remotely 3
through an electronic submission process; or (iii) by mail for 4
persons who are incarcerated or who are otherwise unable to file in 5
person or remotely through an electronic system. The court or clerk 6
must make ((all electronically filed court documents available for 7
electronic access by)) available electronically to judicial officers 8
((statewide)) any protection orders filed within the state. Judicial 9
officers may not be charged for access to such documents. The 10
electronic ((filing)) submission system must allow for petitions for 11
protection orders and supportive documents to be ((filed)) submitted 12
at any time of the day. When a petition and supporting documents for 13
a protection order are submitted to the clerk after business hours, 14
they must be processed as soon as possible on the next judicial day. 15
Petitioners and respondents should not ((be charged)) incur 16
additional charges for electronic ((filing)) submission for petitions 17
and documents filed pursuant to this section.18
(b) By January 1, 2023, all superior courts' systems and, by 19
January 1, 2026, all limited jurisdiction courts' systems, should 20
allow for the petitioner to electronically track the progress of the 21
petition for a protection order. Notification may be provided by text 22
messaging or email, and should provide reminders of court appearances 23
and alert the petitioner when the following occur: (i) The petition 24
has been processed and is under review by a judicial officer; (ii) 25
the order has been signed; (iii) the order has been transmitted to 26
law enforcement for entry into the Washington crime information 27
center system; (iv) ((return)) proof of service upon the respondent 28
has been filed with the court or clerk; ((and)) (v) a receipt for the 29
surrender of firearms has been filed with the court or clerk; and 30
(vi) the respondent has filed a motion for the release of surrendered 31
firearms. Respondents, once served, should be able to sign up for 32
similar electronic notification. Petitioners and respondents should 33
not be charged for electronic notification.34
(2) The petition must be accompanied by a confidential document 35
to be used by the courts and law enforcement to fully identify the 36
parties and serve the respondent. This record will be exempt from 37
public disclosure at all times, and restricted access to this form is 38
governed by general rule 22 provisions governing access to the 39
confidential information form. The petitioner is required to fill out 40
p. 18 SHB 1901.SL
the confidential party information form to the petitioner's fullest 1
ability. The respondent ((must)) should be ((served with)) provided a 2
blank confidential party information form at the time of service, and 3
when the respondent first appears, the respondent must confirm with 4
the court the respondent's identifying and current contact 5
information, including electronic means of contact, and file this 6
with the court.7
(3) A petition must be accompanied by a declaration signed under 8
penalty of perjury stating the specific facts and circumstances for 9
which relief is sought. Parties, attorneys, and witnesses may 10
electronically sign sworn statements in all filings.11
(4) The petitioner and the respondent must disclose the existence 12
of any other litigation or of any other restraining, protection, or 13
no-contact orders between the parties, to the extent that such 14
information is known by the petitioner and the respondent. To the 15
extent possible, the court shall take judicial notice of any existing 16
restraining, protection, or no-contact orders between the parties 17
before entering a protection order. The court shall not include 18
provisions in a protection order that would allow the respondent to 19
engage in conduct that is prohibited by another restraining, 20
protection, or no-contact order between the parties that was entered 21
in a different proceeding. The obligation to disclose the existence 22
of any other litigation includes, but is not limited to, the 23
existence of any other litigation concerning the custody or 24
residential placement of a child of the parties as set forth in RCW 25
26.27.281. The court administrator shall verify for the court the 26
terms of any existing protection order governing the parties.27
(5) The petition may be made regardless of whether or not there 28
is a pending lawsuit, complaint, petition, or other action between 29
the parties, except in cases where the court has realigned the 30
parties in accordance with RCW 7.105.210.31
(6) Relief under this chapter must not be denied or delayed on 32
the grounds that the relief is available in another action. The court 33
shall not defer acting on a petition for a protection order nor grant 34
a petitioner less than the full relief that the petitioner is 35
otherwise entitled to under this chapter because there is, or could 36
be, another proceeding involving the parties including, but not 37
limited to, any potential or pending family law matter or criminal 38
matter.39
p. 19 SHB 1901.SL
(7) A person's right to petition for relief under this chapter is 1
not affected by the person leaving his or her residence or household.2
(8) A petitioner is not required to post a bond to obtain relief 3
in any proceeding for a protection order.4
(9)(a) No fees for service of process may be charged by a court 5
or any public agency to petitioners seeking relief under this 6
chapter. Except as provided in (b) of this subsection, courts may not 7
charge petitioners any fees or surcharges the payment of which is a 8
condition precedent to the petitioner's ability to secure access to 9
relief under this chapter. Petitioners shall be provided the 10
necessary number of certified copies, forms, and instructional 11
brochures free of charge, including a copy of the service packet that 12
consists of all documents that are being served on the respondent. A 13
respondent who is served electronically with a protection order shall 14
be provided a certified copy of the order free of charge upon 15
request.16
(b) A filing fee may be charged for a petition for an 17
antiharassment protection order except as follows:18
(i) No filing fee may be charged to a petitioner seeking an 19
antiharassment protection order against a person who has engaged in 20
acts of stalking as defined in RCW 9A.46.110, a hate crime under RCW 21
9A.36.080(1)(c), or a single act of violence or threat of violence 22
under RCW 7.105.010(35)(b), or from a person who has engaged in 23
nonconsensual sexual conduct or penetration or conduct that would 24
constitute a sex offense as defined in RCW 9A.44.128, or from a 25
person who is a family or household member or intimate partner who 26
has engaged in conduct that would constitute domestic violence; and27
(ii) The court shall waive the filing fee if the court determines 28
the petitioner is not able to pay the costs of filing.29
(10) If the petition states that disclosure of the petitioner's 30
address or other identifying location information would risk harm to 31
the petitioner or any member of the petitioner's family or household, 32
that address may be omitted from all documents filed with the court. 33
If the petitioner has not disclosed an address under this subsection, 34
the petitioner shall designate an alternative address or email 35
address at which the respondent may serve the petitioner.36
(11) Subject to the availability of amounts appropriated for this 37
specific purpose, or as provided through alternative sources 38
including, but not limited to, grants, local funding, or pro bono 39
means, if the court deems it necessary, the court may appoint a 40
p. 20 SHB 1901.SL
guardian ad litem for a petitioner or a respondent who is under 18 1
years of age and who is not represented by counsel. If a guardian ad 2
litem is appointed by the court for either or both parties, neither 3
the petitioner nor the respondent shall be required by the court to 4
pay any costs associated with the appointment.5
(12) ((Minor children must only be referred to in the petition 6
and in all other publicly available filed documents by their initials 7
and date of birth. Any orders issued by the court for entry into a 8
law enforcement database must show the minor's full name for purposes 9
of identification, but be redacted to only display initials and date 10
of birth for purposes of public access.11
(13))) If a petitioner has requested an ex parte temporary 12
protection order, because these are often emergent situations, the 13
court shall prioritize review, either entering an order without a 14
hearing or scheduling and holding an ex parte hearing in person, by 15
telephone, by video, or by other electronic means on the day the 16
petition is filed if possible. Otherwise, it must be heard no later 17
than the following judicial day. The clerk shall ensure that the 18
request for an ex parte temporary protection order is presented 19
timely to a judicial officer, and signed orders will be returned 20
promptly to the clerk for entry and to the petitioner as specified in 21
this section.22
(((14))) (13) Courts shall not require a petitioner to file 23
duplicative forms.24
(((15))) (14) The Indian child welfare act applies in the 25
following manner.26
(a) In a proceeding under this chapter where the petitioner seeks 27
to protect a minor and the petitioner is not the minor's parent as 28
defined by RCW 13.38.040, the petition must contain a statement 29
alleging whether the minor is or may be an Indian child as defined in 30
RCW 13.38.040. If the minor is an Indian child, chapter 13.38 RCW and 31
the federal Indian child welfare act, 25 U.S.C. Sec. 1901 et seq., 32
shall apply. A party should allege in the petition if these laws have 33
been satisfied in a prior proceeding and identify the proceeding.34
(b) Every order entered in any proceeding under this chapter 35
where the petitioner is not a parent of the minor or minors protected 36
by the order must contain a finding that the federal Indian child 37
welfare act or chapter 13.38 RCW does or does not apply, or if there 38
is insufficient information to make a determination, the court must 39
make a finding that a determination must be made before a full 40
p. 21 SHB 1901.SL
protection order may be entered. If there is reason to know the child 1
is an Indian child, but the court does not have sufficient evidence 2
to determine that the child is or is not an Indian child, 25 C.F.R. 3
Sec. 23.107(b) applies. Where there is a finding that the federal 4
Indian child welfare act or chapter 13.38 RCW does apply, the order 5
must also contain a finding that all notice, evidentiary 6
requirements, and placement preferences under the federal Indian 7
child welfare act and chapter 13.38 RCW have been satisfied, or a 8
finding that removal or placement of the child is necessary to 9
prevent imminent physical damage or harm to the child pursuant to 25 10
U.S.C. Sec. 1922 and RCW 13.38.140. Where there is a finding that the 11
federal Indian child welfare act or chapter 13.38 RCW does not apply, 12
the order must also contain a finding as to why there is no reason to 13
know the child may be an Indian child.14
Sec. 7. RCW 7.105.115 and 2021 c 215 s 16 are each amended to 15
read as follows:16
(1) By ((June)) December 30, 2022, the administrative office of 17
the courts shall:18
(a) Develop and distribute standard forms for petitions and 19
orders issued under this chapter, and facilitate the use of online 20
forms for electronic filings.21
(i) For all protection orders except extreme risk protection 22
orders, the protection order must include, in a conspicuous location, 23
a notice of criminal penalties resulting from a violation of the 24
order, and the following statement: "You can be arrested even if the 25
protected person or persons invite or allow you to violate the order. 26
You alone are responsible for following the order. Only the court may 27
change the order. Requests for changes must be made in writing."28
(ii) For extreme risk protection orders, the protection order 29
must include, in a conspicuous location, a notice of criminal 30
penalties resulting from a violation of the order, and the following 31
statement: "You have the sole responsibility to avoid or refrain from 32
violating this order's provisions. Only the court may change the 33
order. Requests for changes must be made in writing.";34
(b) Develop and distribute instructions and informational 35
brochures regarding protection orders and a court staff handbook on 36
the protection order process, which shall be made available online to 37
view and download at no cost. Developing additional methods to inform 38
the public about protection orders in understandable terms and in 39
p. 22 SHB 1901.SL
languages other than English through videos and social media should 1
also be considered. The instructions, brochures, forms, and handbook 2
must be prepared in consultation with civil legal aid, culturally 3
specific advocacy programs, and domestic violence and sexual assault 4
advocacy programs. The instructions must be designed to assist 5
petitioners in completing the petition, and must include a sample of 6
standard petition and protection order forms. The instructions and 7
standard petition must include a means for the petitioner to 8
identify, with only lay knowledge, the firearms the respondent may 9
own, possess, receive, have access to, or have in the respondent's 10
custody or control. The instructions must provide pictures of types 11
of firearms that the petitioner may choose from to identify the 12
relevant firearms, or an equivalent means to allow petitioners to 13
identify firearms without requiring specific or technical knowledge 14
regarding the firearms. The court staff handbook must allow for the 15
addition of a community resource list by the court clerk. The 16
informational brochure must describe the use of, and the process for, 17
obtaining, renewing, modifying, terminating, and enforcing protection 18
orders as provided under this chapter, as well as the process for 19
obtaining, modifying, terminating, and enforcing an antiharassment 20
no-contact order as provided under chapter 9A.46 RCW, a domestic 21
violence no-contact order as provided under chapter 10.99 RCW, a 22
restraining order as provided under chapters 26.09, 26.26A, 26.26B, 23
and 26.44 RCW, a foreign protection order as defined in chapter 26.52 24
RCW, and a Canadian domestic violence protection order as defined in 25
RCW 26.55.010;26
(c) Determine the significant non-English-speaking or limited 27
English-speaking populations in the state. The administrative office 28
of the courts shall then arrange for translation of the instructions 29
and informational brochures required by this section, which must 30
contain a sample of the standard petition and protection order forms, 31
into the languages spoken by at least the top five significant non-32
English-speaking populations, and shall distribute a master copy of 33
the translated instructions and informational brochures to all court 34
clerks and to the Washington supreme court's interpreter commission, 35
minority and justice commission, and gender and justice commission 36
((by July 25, 2021)). Such materials must be updated and distributed 37
if needed due to relevant changes in the law;38
(d)(i) Distribute a master copy of the petition and order forms, 39
instructions, and informational brochures to all court clerks, and 40
p. 23 SHB 1901.SL
distribute a master copy of the petition and order forms to all 1
superior, district, and municipal courts;2
(ii) In collaboration with civil legal aid attorneys, domestic 3
violence advocates, sexual assault advocates, elder abuse advocates, 4
clerks, and judicial officers, develop and distribute a single 5
petition form that a petitioner may use to file for any type of 6
protection order authorized by this chapter, with the exception of 7
extreme risk protection orders;8
(iii) For extreme risk protection orders, develop and prepare:9
(A) A standard petition and order form for an extreme risk 10
protection order, as well as a standard petition and order form for 11
an extreme risk protection order sought against a respondent under 18 12
years of age, titled "Extreme Risk Protection Order - Respondent 13
Under 18 Years";14
(B) Pattern forms to assist in streamlining the process for those 15
persons who are eligible to seal records relating to an order under 16
(d)(i) of this subsection, including:17
(I) A petition and declaration the respondent can complete to 18
ensure that requirements for public sealing have been met; and19
(II) An order sealing the court records relating to that order; 20
and21
(C) An informational brochure to be served on any respondent who 22
is subject to a temporary or full protection order under (d)(iii)(A) 23
of this subsection;24
(e) Create a new confidential party information form to satisfy 25
the purposes of the confidential information form and the law 26
enforcement information sheet that will serve both the court's and 27
law enforcement's data entry needs without requiring a redundant 28
effort for the petitioner, and ensure the petitioner's confidential 29
information is protected for the purpose of safety. The form should 30
be created with the presumption that it will also be used by the 31
respondent to provide all current contact information needed by the 32
court and law enforcement, and full identifying information for 33
improved data entry. The form should also prompt the petitioner to 34
disclose on the form whether the person who the petitioner is seeking 35
to restrain has a disability, brain injury, or impairment requiring 36
special assistance; and37
(f) Update the instructions, brochures, standard petition and 38
order for protection forms, and court staff handbook when changes in 39
the law make an update necessary.40
p. 24 SHB 1901.SL
(2) ((The)) By July 1, 2022, the administrative office of the 1
courts, through the gender and justice commission of the Washington 2
state supreme court, and with the support of the Washington state 3
women's commission, shall work with representatives of superior, 4
district, and municipal court judicial officers, court clerks, and 5
administrators, including those with experience in protection order 6
proceedings, as well as advocates and practitioners with expertise in 7
each type of protection order, and others with relevant expertise, to 8
develop for the courts:9
(a) Standards for filing evidence in protection order proceedings 10
in a manner that protects victim safety and privacy, including 11
evidence in the form of text messages, social media messages, voice 12
mails, and other recordings, and the development of a sealed cover 13
sheet for explicit or intimate images and recordings; and14
(b) Requirements for private vendors who provide services related 15
to filing systems for protection orders, as well as what data should 16
be collected.17
Sec. 8. RCW 7.105.120 and 2021 c 215 s 17 are each amended to 18
read as follows:19
(1) All court clerks' offices shall make available the 20
standardized forms, instructions, and informational brochures 21
required by this chapter, and shall ((fill in and)) keep current 22
specific program names and telephone numbers for community resources, 23
including civil legal aid and volunteer lawyer programs. Any 24
assistance or information provided by clerks under this chapter, or 25
any assistance or information provided by any person, including court 26
clerks, employees of the department of social and health services, 27
and other court facilitators, to complete the forms provided by the 28
court, does not constitute the practice of law, and clerks are not 29
responsible for incorrect information contained in a petition.30
(2) All court clerks shall ((obtain)) accept and provide 31
community resource lists as described in (a) and (b) of this 32
subsection, which the court shall make available as part of, or in 33
addition to, the informational brochures described in RCW 7.105.115.34
(a) The court clerk shall ((obtain a)) accept an appropriate 35
community resource list from a domestic violence program and from a 36
sexual assault program serving the county in which the court is 37
located. The community resource list must include the names, 38
telephone numbers, and, as available, website links of domestic 39
p. 25 SHB 1901.SL
violence programs, sexual assault programs, and elder abuse programs 1
serving the community in which the court is located, including law 2
enforcement agencies, domestic violence agencies, sexual assault 3
agencies, civil legal aid programs, elder abuse programs, 4
interpreters, multicultural programs, and batterers' treatment 5
programs. The list must be made available in print and online.6
(b) The court clerk may create a community resource list of 7
crisis intervention, behavioral health, interpreter, counseling, and 8
other relevant resources serving the county in which the court is 9
located. The clerk may also create a community resource list for 10
respondents to include suicide prevention, treatment options, and 11
resources for when children are involved in protection order cases. 12
Any list ((shall)) must be made available in print and online.13
(c) Courts may make the community resource lists specified in (a) 14
and (b) of this subsection available as part of, or in addition to, 15
the informational brochures described in subsection (1) of this 16
section, and should ((translate)) accept from the programs that 17
provided the resource lists translations of them into the languages 18
spoken by the county's top five significant non-English-speaking 19
populations.20
(3) Court clerks should not make an assessment of the merits of a 21
petitioner's petition for a protection order or refuse to accept for 22
filing any petition that meets the basic procedural requirements.23
Sec. 9. RCW 7.105.150 and 2021 c 215 s 18 are each amended to 24
read as follows:25
(1) To minimize delays and the need for more hearings, which can 26
hinder access to justice and undermine judicial economy, to lessen 27
costs, to guarantee actual notice to the respondent, and to simplify 28
and modernize processes for petitioners, respondents, law 29
enforcement, and the courts, the following methods of service are 30
authorized for protection order proceedings, including petitions, 31
temporary protection orders, reissuances of temporary protection 32
orders, full protection orders, motions to renew protection orders, 33
and motions to modify or terminate protection orders.34
(a) ((Personal)) (i) Except as provided in (a)(iii) and (b)(i) of 35
this subsection, personal service, consistent with court rules for 36
civil proceedings, ((must be made by law enforcement to mitigate 37
risks, increase safety, and ensure swift recovery of firearms in 38
cases)) is required in: (A) Cases requiring the surrender of 39
p. 26 SHB 1901.SL
firearms, such as extreme risk protection orders and protection 1
orders with orders to surrender and prohibit weapons; (B) cases that 2
involve transferring the custody of a child or children from the 3
respondent to the petitioner; ((or)) (C) cases involving vacating the 4
respondent from the parties' shared residence((. Personal service 5
should also be used in)); (D) cases involving a respondent who is 6
incarcerated; and (E) cases where a petition for a vulnerable adult 7
protection order is filed by someone other than the vulnerable adult.8
(ii) Personal service in cases specified in (a)(i)(A) through (D) 9
of this subsection must be made by law enforcement including, at a 10
minimum, two timely attempts at personal service. To reduce risk of 11
harm for cases requiring personal service, law enforcement should 12
continue to attempt personal service up to the hearing date. Personal 13
service for cases specified in (a)(i)(E) of this subsection and when 14
used for other protection order cases must ((otherwise)) be made by 15
law enforcement unless the petitioner elects to have the respondent 16
served by a third party who is not a party to the action ((and)), is 17
((over)) 18 years of age or older and competent to be a witness, and 18
can provide sworn proof of service to the court as required.19
(iii) In cases where personal service is required under this 20
subsection, after two unsuccessful attempts at personal service, 21
service shall be permitted by electronic means in accordance with (b) 22
of this subsection.23
(b)(i) Service by electronic means, including service by email, 24
text message, social media applications, or other technologies, must 25
be prioritized for all orders at the time of the issuance of 26
temporary protection orders, ((with the exception of the following 27
cases, for which personal service must be prioritized: (A) Cases 28
requiring the surrender of firearms, such as extreme risk protection 29
orders and protection orders with orders to surrender weapons; (B) 30
cases that involve transferring the custody of a child or children 31
from the respondent to the petitioner; (C) cases involving vacating 32
the respondent from the parties' shared residence; or (D) cases 33
involving a respondent who is incarcerated)) except in cases where 34
personal service is required under (a) of this subsection. ((Once)) 35
For cases specified in (a)(i)(A) through (D) of this subsection, once 36
firearms and concealed pistol licenses have been surrendered and 37
verified by the court, or there is evidence the respondent does not 38
possess firearms, the restrained party has been vacated from the 39
shared residence, or the custody of the child or children has been 40
p. 27 SHB 1901.SL
transferred, per court order, or the respondent is no longer 1
incarcerated, then subsequent motions and orders may be served 2
electronically.3
(ii) Service by electronic means must be ((effected)) made by a 4
law enforcement agency, unless the petitioner elects to have the 5
respondent served by any person who is not a party to the action, is 6
((over)) 18 years of age or older and competent to be a witness, and 7
can provide sworn proof of service to the court as required. Court 8
authorization permitting electronic service is not required except in 9
cases specified in (a)(i)(A) through (D) of this subsection. In those 10
cases, either request of the petitioner, or good cause for granting 11
an order for electronic service, such as two failed attempts at 12
personal service, are required to authorize service by electronic 13
means. No formal motion is necessary.14
(iii) The respondent's email address, number for text messaging, 15
and username or other identification on social media applications and 16
other technologies, if known or available, must be provided by the 17
petitioner to law enforcement in the confidential information form, 18
and attested to by the petitioner as being the legitimate, current, 19
or last known contact information for the respondent.20
(iv) Electronic service must be effected by transmitting copies 21
of the petition and any supporting materials filed with the petition, 22
notice of hearing, and any orders, or relevant materials for motions, 23
to the respondent at the respondent's electronic address or the 24
respondent's electronic account associated with email, text 25
messaging, social media applications, or other technologies. 26
Verification of ((receipt)) notice is required and may be 27
accomplished through read-receipt mechanisms, a response, a sworn 28
statement from the person who effected service verifying transmission 29
and any follow-up communications such as email or telephone contact 30
used to further verify, or an appearance by the respondent at a 31
hearing. Sworn proof of service must be filed with the court by the 32
person who effected service. ((Service by electronic means is 33
complete upon transmission when made prior to 5:00 p.m. on a judicial 34
day. Service made on a Saturday, Sunday, legal holiday, or after 5:00 35
p.m. on any other day shall be deemed complete at 9:00 a.m. on the 36
first judicial day thereafter.))37
(c) Service by mail is permitted when: (i) Personal service was 38
required, there have been two unsuccessful attempts at personal 39
service, and electronic service is not possible((, and there have 40
p. 28 SHB 1901.SL
been two unsuccessful attempts at personal service or when the 1
petitioner requests it in lieu of electronic service or personal 2
service where personal service is not otherwise required)); or (ii) 3
personal service is not required and there have been two unsuccessful 4
attempts at personal or electronic service. If electronic service and 5
personal service are not successful, the court shall affirmatively 6
order service by mail without requiring additional motions to be 7
filed by the petitioner. Service by mail must be made by any person 8
who is not a party to the action and is ((over)) 18 years of age or 9
older and competent to be a witness, by mailing copies of the 10
materials to be served to the party to be served at the party's last 11
known address or any other address determined by the court to be 12
appropriate. Two copies must be mailed, postage prepaid, one by 13
ordinary first-class mail and the other by a form of mail requiring a 14
tracking or certified information showing when and where it was 15
delivered. The envelopes must bear the return address ((of the 16
sender)) where the petitioner may receive legal mail. Service is 17
complete ((upon)) 10 calendar days after the mailing of two copies as 18
prescribed in this section. Where service by mail is provided by a 19
third party, the clerk shall forward proof of service by mail to the 20
law enforcement agency in the county or municipality where the 21
respondent resides.22
(d) Service by publication is permitted only in those cases where 23
all other means of service have been unsuccessful or are not possible 24
due to lack of any known physical or electronic address of the 25
respondent. Publication must be made in a newspaper of general 26
circulation in the county where the petition was brought and in the 27
county of the last known address of the respondent once a week for 28
three consecutive weeks. The newspaper selected must be one of the 29
three most widely circulated papers in the county. The publication of 30
summons must not be made until the court orders service by 31
publication under this section. Service of the summons is considered 32
complete on the date of the third publication when ((the)) 33
publication has been made for three consecutive weeks. The summons 34
must be signed by the petitioner. The summons must contain the date 35
of the first publication, and shall require the respondent upon whom 36
service by publication is desired to appear and answer the petition 37
on the date set for the hearing. The summons must also contain a 38
brief statement of the reason for the petition and a summary of the 39
p. 29 SHB 1901.SL
provisions under the temporary protection order. The summons must be 1
essentially in the following form:2
3
4
In the . . . . . . . . . court of the state of Washington
for the county of . . . . . . . . . . .
5 . . . . . . . . . . . . . . . . . . . . . ,Petitioner
6 vs.No. . . . . . .
7 . . . . . . . . . . . . . . . . . . . . . ,Respondent
8
9
The state of Washington to . . . . . . . . . . .
(respondent):
10
11
12
13
14
15
16
17
18
19
20
21
You are hereby summoned to appear on the . . . .
day of . . . . . ., (year) . . . ., at . . . . a.m./p.m., and
respond to the petition. If you fail to respond, a
protection order will be issued against you pursuant to
the provisions of chapter 7.105 RCW, for a minimum of
one year from the date you are required to appear. A
temporary protection order has been issued against you,
restraining you from the following: (Insert a brief
statement of the provisions of the temporary protection
order). A copy of the petition, notice of hearing, and
temporary protection order has been filed with the clerk
of this court.
22 . . . . . . . . . . . . . . . . . . . . .
23 Petitioner . . . . . . . . . . . . .
(2) The court may authorize multiple methods of service permitted 24
by this section and may consider use of any address determined by the 25
court to be appropriate in order to authorize service that is 26
reasonably probable to provide actual notice. The court shall favor 27
speedy and cost-effective methods of service to promote prompt and 28
accessible resolution of the merits of the petition.29
(3) To promote judicial economy and reduce delays, for 30
respondents who are able to be served electronically, the respondent, 31
or the parent or guardian of the respondent for respondents under the 32
age of 18 or the guardian or conservator of an adult respondent, 33
shall be required to provide his or her electronic address or 34
electronic account associated with an email, text messaging, social 35
media application, or other technology by filing the confidential 36
party information form referred to in RCW 7.105.115(1). This must 37
p. 30 SHB 1901.SL
occur at the earliest point at which the respondent, parent, 1
guardian, or conservator is in contact with the court so that 2
electronic service can be effected for all subsequent motions, 3
orders, and hearings.4
(4) If an order entered by the court recites that the respondent 5
appeared before the court, either in person or remotely, the 6
necessity for further service is waived and proof of service of that 7
order is not necessary, including in cases where the respondent 8
leaves the hearing before a final ruling is issued or signed. The 9
court's order, entered after a hearing, need not be served on a 10
respondent who fails to appear before the court for the hearing, if 11
material terms of the order have not changed from those contained in 12
the temporary order, and it is shown to the court's satisfaction that 13
the respondent has previously been served with the temporary order.14
(5) When the respondent for a protection order is under the age 15
of 18 or is an individual subject to a guardianship or 16
conservatorship under Title 11 RCW:17
(a) When the respondent is a minor, service of a petition for a 18
protection order, modification, or renewal, shall be completed, as 19
defined in this chapter, upon both the respondent and the 20
respondent's parent or legal guardian.21
(b) A copy of the protection order must be served on a parent, 22
guardian, or conservator of the respondent at any address where the 23
respondent resides, or the department of children, youth, and 24
families in the case where the respondent is the subject of a 25
dependency or court approved out-of-home placement. A minor 26
respondent shall not be served at the minor respondent's school 27
unless no other address for service is known.28
(c) For extreme risk protection orders, the court shall also 29
provide a parent, guardian, or conservator of the respondent with 30
written notice of the legal obligation to safely secure any firearm 31
on the premises and the potential for criminal prosecution if a 32
prohibited person were to obtain access to any firearm. This notice 33
may be provided at the time the parent, guardian, or conservator of 34
the respondent appears in court or may be served along with a copy of 35
the order, whichever occurs first.36
(6) When a petition for a vulnerable adult protection order is 37
filed by someone other than the vulnerable adult, notice of the 38
petition and hearing must be personally served upon the vulnerable 39
adult. In addition to copies of all pleadings filed by the 40
p. 31 SHB 1901.SL
petitioner, the petitioner shall provide a written notice to the 1
vulnerable adult using a standard notice form developed by the 2
administrative office of the courts. The standard notice form must be 3
designed to explain to the vulnerable adult in clear, plain language 4
the purpose and nature of the petition and that the vulnerable adult 5
has the right to participate in the hearing and to either support or 6
object to the petition.7
(7) The court shall not dismiss, over the objection of a 8
petitioner, a petition for a protection order or a motion to renew a 9
protection order based on the inability of law enforcement or the 10
petitioner to serve the respondent, unless the court determines that 11
all available methods of service have been attempted unsuccessfully 12
or are not possible.13
Sec. 10. RCW 7.105.155 and 2021 c 215 s 19 are each amended to 14
read as follows:15
When service is to be completed under this chapter by a law 16
enforcement officer:17
(1) The clerk of the court shall have a copy of any order issued 18
under this chapter, the confidential information form, as well as the 19
petition for a protection order and any supporting materials, 20
electronically forwarded on or before the next judicial day to the 21
law enforcement agency in the county or municipality where the 22
respondent resides, as specified in the order, for service upon the 23
respondent. If the respondent has moved from that county or 24
municipality and personal service is not required, the law 25
enforcement agency specified in the order may serve the order;26
(2) Service of an order issued under this chapter must take 27
precedence over the service of other documents by law enforcement 28
unless they are of a similar emergency nature;29
(3) Where personal service is required, the first attempt at 30
service must occur within 24 hours of receiving the order from the 31
court whenever practicable, but not more than five days after 32
receiving the order. If the first attempt is not successful, no fewer 33
than two additional attempts should be made to serve the order, 34
particularly for respondents who present heightened risk of lethality 35
or other risk of physical harm to the petitioner or petitioner's 36
family or household members. ((Law enforcement shall document all)) 37
All attempts at service must be documented on a ((return)) proof of 38
p. 32 SHB 1901.SL
service form and ((submit it)) submitted to the court in a timely 1
manner;2
(4) If service cannot be completed within 10 calendar days, the 3
law enforcement officer shall notify the petitioner. The petitioner 4
shall provide information sufficient to permit notification. Law 5
enforcement shall continue to attempt to complete service unless 6
otherwise directed by the court. In the event that the petitioner 7
does not provide a service address for the respondent or there is 8
evidence that the respondent is evading service, the law enforcement 9
officer shall use law enforcement databases to assist in locating the 10
respondent;11
(5) If the respondent is in a protected person's presence at the 12
time of contact for service, the law enforcement officer should take 13
reasonable steps to separate the parties when possible prior to 14
completing the service or inquiring about or collecting firearms. 15
When the order requires the respondent to vacate the parties' shared 16
residence, law enforcement shall take reasonable steps to ensure that 17
the respondent has left the premises and is on notice that his or her 18
return is a violation of the terms of the order. The law enforcement 19
officer shall provide the respondent with copies of all forms with 20
the exception of the ((law enforcement information sheet)) 21
confidential information form completed by the protected party and 22
the ((return)) proof of service form;23
(6) Any law enforcement officer who serves a protection order on 24
a respondent with the knowledge that the respondent requires special 25
assistance due to a disability, brain injury, or impairment shall 26
make a reasonable effort to accommodate the needs of the respondent 27
to the extent practicable without compromise to the safety of the 28
petitioner;29
(7) Proof of service must be submitted to the court on the 30
((return)) proof of service form. The form must include the date and 31
time of service and each document that was served in order for the 32
service to be complete, along with any details such as conduct at the 33
time of service, threats, or avoidance of service, as well as 34
statements regarding possession of firearms, including any denials of 35
ownership despite positive purchase history, active concealed pistol 36
license, or sworn statements in the petition that allege the 37
respondent's access to, or possession of, firearms; or38
(8) If attempts at service were not successful, the ((return)) 39
proof of service form or the form letter showing that the order was 40
p. 33 SHB 1901.SL
not served, and stating the reason it was not served, must be 1
returned to the court by the next judicial day following the last 2
unsuccessful attempt at service. Each attempt at service must be 3
noted and reflected in computer aided dispatch records, with the 4
date, time, address, and reason service was not completed.5
Sec. 11. RCW 7.105.165 and 2021 c 215 s 21 are each amended to 6
read as follows:7
((Service)) (1) Unless waived by the nonmoving party, service 8
must be completed on the nonmoving party not less than five judicial 9
days before the hearing date((, unless waived by the nonmoving 10
party)). If service cannot be made, the court shall set a new hearing 11
date and shall either require an additional attempt at obtaining 12
service or permit service by other means authorized in this chapter. 13
The court shall not require more than two attempts at obtaining 14
service before permitting service by other means authorized in this 15
chapter unless the moving party requests additional time to attempt 16
service.17
(2) Service is completed on the day the respondent is served 18
personally, on the date of transmission for electronic service, on 19
the 10th calendar day after mailing for service by mail, or on the 20
date of the third publication when publication has been made for 21
three consecutive weeks for service by publication.22
(3) If the nonmoving party was served before the hearing, but 23
less than five judicial days before the hearing, it is not necessary 24
to re-serve materials that the nonmoving party already received, but 25
any new notice of hearing and reissued order must be served on the 26
nonmoving party. ((The court shall not require more than two attempts 27
at obtaining service before permitting service by other means 28
authorized in this chapter unless the moving party requests 29
additional time to attempt service. If the court permits service by 30
mail or by publication, the court shall set the hearing date not 31
later than 24 days from the date of the order authorizing such 32
service.)) This additional service may be made by mail as an 33
alternative to other authorized methods of service under this 34
chapter. If done by mail, this additional service is considered 35
completed on the third calendar day after mailing.36
(4) Where electronic service was not complete because there was 37
no verification of notice, and service by mail or publication has 38
p. 34 SHB 1901.SL
been authorized, copies must also be sent by electronic means to any 1
known electronic addresses.2
Sec. 12. RCW 7.105.200 and 2021 c 215 s 24 are each amended to 3
read as follows:4
In hearings under this chapter, the following apply:5
(1) Hearings under this chapter are special proceedings. The 6
procedures established under this chapter for protection order 7
hearings supersede inconsistent civil court rules. Courts should 8
evaluate the needs and procedures best suited to individual hearings 9
based on consideration of the totality of the circumstances, 10
including disparities that may be apparent in the parties' resources 11
and representation by counsel.12
(2)(a) Courts shall prioritize hearings on petitions for ex parte 13
temporary protection orders over less emergent proceedings.14
(b) For extreme risk protection order hearings where a law 15
enforcement agency is the petitioner, the court shall prioritize 16
scheduling because of the importance of immediate temporary removal 17
of firearms in situations of extreme risk and the goal of minimizing 18
the time law enforcement must otherwise wait for a particular case to 19
be called, which can hinder their other patrol and supervisory 20
duties. Courts also may allow a law enforcement petitioner to 21
participate ((telephonically)) remotely, or allow another 22
representative from that law enforcement agency or the prosecutor's 23
office to present the information to the court if personal presence 24
of the petitioning officer is not required for testimonial purposes.25
(3) ((A hearing on a petition for a protection order must be set 26
by the court even if the court has denied a request for a temporary 27
protection order in the proceeding where the petition is not 28
dismissed or continued pursuant to subsection (11) of this section.29
(4))) If the respondent does not appear((, or the petitioner 30
informs the court that the respondent has not been served at least 31
five judicial days before the hearing date and the petitioner desires 32
to pursue service, or the parties have informed the court of an 33
agreed date of continuance for the hearing,)) for the full hearing 34
and there is no proof of timely and proper service on the respondent, 35
the court shall reissue any temporary protection order previously 36
issued((, cancel the scheduled hearing,)) and reset the hearing date. 37
If a temporary protection order is reissued, the court shall reset 38
the hearing date not later than 14 days from the reissue date. If a 39
p. 35 SHB 1901.SL
temporary protection order is reissued and the court permits service 1
by mail or by publication, the court shall reset the hearing date not 2
later than 30 days from the date of the order authorizing such 3
service. These time frames may be extended for good cause.4
(((5))) (4) When considering any request to stay, continue, or 5
delay a hearing under this chapter because of the pendency of a 6
parallel criminal investigation or prosecution of the respondent, 7
courts shall apply a rebuttable presumption against such delay and 8
give due recognition to the purpose of this chapter to provide 9
victims quick and effective relief. Courts must consider on the 10
record the following factors:11
(a) The extent to which a defendant's Fifth Amendment rights are 12
or are not implicated, given the special nature of protection order 13
proceedings, which burden a defendant's Fifth Amendment privilege 14
substantially less than do other civil proceedings;15
(b) Similarities between the civil and criminal cases;16
(c) Status of the criminal case;17
(d) The interests of the petitioners in proceeding expeditiously 18
with litigation and the potential prejudice and risk to petitioners 19
of a delay;20
(e) The burden that any particular aspect of the proceeding may 21
impose on respondents;22
(f) The convenience of the court in the management of its cases 23
and the efficient use of judicial resources;24
(g) The interests of persons not parties to the civil litigation; 25
and26
(h) The interest of the public in the pending civil and criminal 27
litigation.28
(((6))) (5) Hearings ((must)) may be conducted upon ((live 29
testimony of the parties and sworn declarations)) the information 30
provided in the sworn petition, live testimony of the parties should 31
they choose to testify, and any additional sworn declarations. Live 32
testimony of witnesses other than the parties may be requested by a 33
party, but shall not be permitted unless the court finds that live 34
testimony of witnesses other than the parties is necessary and 35
material. If either party requests a continuance to allow for proper 36
notice of witnesses or to afford a party time to seek counsel, the 37
court ((should)) may continue the hearing. In considering the 38
request, the court should consider the rebuttable presumption against 39
p. 36 SHB 1901.SL
delay and the purpose of this chapter to provide victims quick and 1
effective relief.2
(6) If the court continues ((the)) a hearing for any reason, the 3
court shall reissue any temporary orders, including orders to 4
surrender and prohibit weapons, issued with or without notice.5
(7) Prehearing discovery under the civil court rules, including, 6
but not limited to, depositions, requests for production, or requests 7
for admission, is disfavored and only permitted if specifically 8
authorized by the court for good cause shown upon written motion of a 9
party filed six judicial days prior to the hearing and served prior 10
to the hearing.11
(8) The rules of evidence need not be applied, other than with 12
respect to privileges, the requirements of the rape shield statute 13
under RCW 9A.44.020, and evidence rules 412 and 413.14
(9)(a) The prior sexual activity or the reputation of the 15
petitioner is inadmissible except:16
(i) As evidence concerning the past sexual conduct of the 17
petitioner with the respondent when this evidence is offered by the 18
respondent upon the issue of whether the petitioner consented to the 19
sexual conduct alleged for the purpose of a protection order; or20
(ii) When constitutionally required to be admitted.21
(b) To determine admissibility, a written motion must be made six 22
judicial days prior to the protection order hearing. The motion must 23
include an offer of proof of the relevancy of the proposed evidence 24
and reasonably specific information as to the date, time, and place 25
of the past sexual conduct between the petitioner and the respondent. 26
If the court finds that the offer of proof is relevant to the issue 27
of the victim's consent, the court shall conduct a hearing in camera. 28
The court may not admit evidence under this subsection unless it 29
determines at the hearing that the evidence is relevant and the 30
probative value of the evidence outweighs the danger of unfair 31
prejudice. The evidence shall be admissible at the hearing to the 32
extent an order made by the court specifies the evidence that may be 33
admitted. If the court finds that the motion and related documents 34
should be sealed pursuant to court rule and governing law, it may 35
enter an order sealing the documents.36
(10) When a petitioner has alleged incapacity to consent to 37
sexual conduct or sexual penetration due to intoxicants, alcohol, or 38
other condition, the court must determine on the record whether the 39
petitioner had the capacity to consent.40
p. 37 SHB 1901.SL
(11) ((If, prior to a full hearing, the court finds that the 1
petition for a protection order does not contain sufficient 2
allegations as a matter of law to support the issuance of a 3
protection order, the court shall permit the petitioner 14 days to 4
prepare and file an amended petition, provided the petitioner states 5
an intent to do so and the court does not find that amendment would 6
be futile. If the amended petition is not filed within 14 days, the 7
case must be administratively dismissed by the clerk's office.8
(12))) Courts shall not require parties to submit duplicate or 9
working copies of pleadings or other materials filed with the court, 10
unless the document or documents cannot be scanned or are illegible.11
(((13))) (12) Courts shall, if possible, have petitioners and 12
respondents in protection order proceedings gather in separate 13
locations and enter and depart the court room at staggered times. 14
Where the option is available, for safety purposes, the court should 15
arrange for petitioners to leave the court premises first and to have 16
court security escort petitioners to their vehicles or 17
transportation.18
Sec. 13. RCW 7.105.205 and 2021 c 215 s 25 are each amended to 19
read as follows:20
(1) Hearings on protection orders, including hearings concerning 21
temporary protection orders, full protection orders, compliance, 22
reissuance, renewal, modification, or termination, may be conducted 23
in person or remotely in order to enhance access for all parties.24
(2) In the court's discretion, parties ((and)), witnesses, and 25
others authorized by this chapter to participate in protection order 26
proceedings may attend a hearing on a petition for a protection 27
order, or any hearings conducted pursuant to this chapter, in person 28
or remotely, including by telephone, video, or other electronic means 29
where possible. No later than three judicial days before the hearing, 30
the parties may request to appear at the hearing, with witnesses, 31
remotely by telephone, video, or other electronic means. The court 32
shall grant any request for a remote appearance unless the court 33
finds good cause to require in-person attendance or attendance 34
through a specific means.35
(3) Courts shall require assurances of the identity of persons 36
who appear by telephone, video, or other electronic means. Courts may 37
not charge fees for remote appearances.38
p. 38 SHB 1901.SL
(4) Courts shall not post or stream proceedings or recordings of 1
protection order hearings online unless (a) a waiver has been 2
received from all parties, or (b) the hearing is being conducted 3
online and members of the public do not have in-person access to 4
observe or listen to the hearing. Unless the court orders a hearing 5
to be closed to the public consistent with the requirements of 6
Washington law, courts should provide access to members of the public 7
who wish to observe or listen to a hearing conducted by telephone, 8
video, or other electronic means.9
(5) If a hearing is held with any parties or witnesses appearing 10
remotely, the following apply:11
(a) Courts should include directions to access a hearing remotely 12
in the order setting the hearing and in any order granting a party's 13
request for a remote appearance. Such orders shall also include 14
directions to request an interpreter and accommodations for 15
disabilities;16
(b) Courts should endeavor to give a party or witness appearing 17
by telephone no more than a one-hour waiting time by the court for 18
the hearing to begin. For remote hearings, if the court anticipates 19
the parties or witnesses will need to wait longer than one hour to be 20
called or connected, the court should endeavor to inform them of the 21
estimated start time of the hearing;22
(c) Courts should inform the parties before the hearing begins 23
that the hearing is being recorded by the court, in what manner the 24
public is able to view the hearing, how a party may obtain a copy of 25
the recording of the hearing, and that recording or broadcasting any 26
portion of the hearing by any means other than the court record is 27
strictly prohibited without prior court approval;28
(d) To minimize trauma, while allowing remote hearings to be 29
observed by the public, courts should take appropriate measures to 30
prevent members of the public or the parties from harassing or 31
intimidating any party or witness to a case. Such practices may 32
include, but are not limited to, disallowing members of the public 33
from communicating with the parties or with the court during the 34
hearing, ensuring court controls over microphone and viewing 35
settings, and announcing limitations on allowing others to record the 36
hearing;37
(e) Courts shall use technology that accommodates American sign 38
language and other languages;39
p. 39 SHB 1901.SL
(f) To help ensure that remote access does not undermine personal 1
safety or privacy, or introduce other risks, courts should protect 2
the privacy of telephone numbers, emails, and other contact 3
information for parties ((and)), witnesses, and others authorized by 4
this chapter to participate in protection order proceedings, and 5
inform ((parties and witnesses)) them of these safety considerations. 6
Materials available to ((parties and witnesses)) persons appearing 7
remotely should include warnings not to state their addresses or 8
telephone numbers at the hearing, and that they ((may use virtual 9
backgrounds to help ensure that their backgrounds do not reveal their 10
location)) should ensure that background surroundings do not reveal 11
their location;12
(g) Courts should provide the parties, in orders setting the 13
hearing, with a telephone number and an email address for the court, 14
which the parties may use to inform the court if they have been 15
unable to appear remotely for a hearing. Before dismissing or 16
granting a petition due to the petitioner or respondent not appearing 17
for a remote hearing, or the court not being able to reach the party 18
via telephone or video, the court shall check for any notifications 19
to the court regarding issues with remote access or other 20
technological difficulties. If any party has provided such 21
notification to the court, the court shall not dismiss or grant the 22
petition, but shall reset the hearing by continuing it and reissuing 23
any temporary order in place. If a party was unable to provide the 24
notification regarding issues with remote access or other 25
technological difficulties on the day of the hearing prior to the 26
court's ruling, that party may seek relief via a motion for 27
reconsideration; and28
(h) A party attending a hearing remotely who is unable to 29
participate in the hearing outside the presence of others who reside 30
with the party, but who are not part of the proceeding including, but 31
not limited to, children, and who asserts that the presence of those 32
individuals may hinder the party's testimony or the party's ability 33
to fully and meaningfully participate in the hearing, may request((, 34
and shall be granted, one)) a continuance on that basis. 35
((Subsequent)) Such requests may be granted in the court's 36
discretion. In considering the request, the court may consider the 37
rebuttable presumption against delay and the purpose of this chapter 38
to provide victims quick and effective relief.39
p. 40 SHB 1901.SL
Sec. 14. RCW 7.105.250 and 2021 c 215 s 34 are each amended to 1
read as follows:2
(1) Whether or not the petitioner has retained an attorney, a 3
sexual assault or domestic violence advocate, as defined in RCW 4
5.60.060, shall be allowed to accompany the petitioner, or appear 5
remotely with the petitioner, and confer with the petitioner during 6
court proceedings. The sexual assault or domestic violence advocate 7
shall not provide legal representation nor interpretation services. 8
Court administrators shall allow sexual assault and domestic violence 9
advocates to assist petitioners with their protection orders. Sexual 10
assault and domestic violence advocates are not engaged in the 11
unauthorized practice of law when providing assistance of the types 12
specified in this section. Unless the sexual assault or domestic 13
violence advocate seeks to speak directly to the court, advocates 14
shall not be required to be identified on the record beyond stating 15
their role as a sexual assault or domestic violence advocate and 16
identifying the program for which they work or volunteer for. 17
Communications between the petitioner and a sexual assault and 18
domestic violence advocate are protected as provided by RCW 5.60.060.19
(2) Whether or not the petitioner has retained an attorney, a 20
protection order advocate must be allowed to accompany the petitioner 21
to any legal proceeding including, but not limited to, sitting or 22
standing next to the petitioner, appearing remotely with the 23
petitioner, and conferring with the petitioner during court 24
proceedings, or addressing the court when invited to do so.25
(a) For purposes of this section, "protection order advocate" 26
means any employee or volunteer from a program that provides, as some 27
part of its services, information, advocacy, counseling, or support 28
to persons seeking protection orders.29
(b) The protection order advocate shall not provide legal 30
representation nor interpretation services.31
(c) Unless a protection order advocate seeks to speak directly to 32
the court, protection order advocates shall not be required to be 33
identified on the record beyond stating his or her role as a 34
protection order advocate and identifying the program for which he or 35
she works or volunteers.36
(d) A protection order advocate who is not employed by, or under 37
the direct supervision of, a law enforcement agency, a prosecutor's 38
office, the child protective services section of the department of 39
children, youth, and families as defined in RCW 26.44.020, or other 40
p. 41 SHB 1901.SL
governmental entity, has the same privileges, rights, and 1
responsibilities as a sexual assault advocate and domestic violence 2
advocate under RCW 5.60.060.3
(3) Whether or not the petitioner has retained an attorney((, if 4
a petitioner does not have)) or has an advocate, the petitioner shall 5
be allowed a support person to accompany the petitioner to any legal 6
proceeding including, but not limited to, sitting or standing next to 7
the petitioner, appearing remotely with the petitioner, and 8
conferring with the petitioner during court proceedings. The support 9
person may be any third party of the petitioner's choosing, provided 10
that:11
(a) The support person shall not provide legal representation nor 12
interpretation services; and13
(b) A support person who is not employed by, or under the direct 14
supervision of, a law enforcement agency, a prosecutor's office, the 15
child protective services section of the department of children, 16
youth, and families as defined in RCW 26.44.020, or other government 17
entity, may not, without the consent of the petitioner, be examined 18
as to any communication between the petitioner and the support person 19
regarding the petition.20
Sec. 15. RCW 7.105.255 and 2021 c 215 s 35 are each amended to 21
read as follows:22
To help ensure familiarity with the unique nature of protection 23
order proceedings, and an understanding of trauma-informed practices 24
and best practices in the use of new technologies for remote 25
hearings, judicial officers, including persons who serve as judicial 26
officers pro tempore, should receive evidence-based training on 27
procedural justice, trauma-informed practices, gender-based violence 28
dynamics, coercive control, elder abuse, juvenile sex offending, teen 29
dating violence, and requirements for the surrender of weapons before 30
presiding over protection order hearings. Trainings should be 31
provided on an ongoing basis as best practices, research on trauma, 32
and legislation continue to evolve. As a method of continuous 33
training, court commissioners, including pro tempore commissioners, 34
shall be notified by the presiding judge or court administrator upon 35
revision of any decision made under this chapter.36
Sec. 16. RCW 7.105.305 and 2021 c 215 s 38 are each amended to 37
read as follows:38
p. 42 SHB 1901.SL
(1) Where it appears from the petition and any additional 1
evidence that the respondent has engaged in conduct against the 2
petitioner that serves as a basis for a protection order under this 3
chapter, and the petitioner alleges that serious immediate harm or 4
irreparable injury could result if an order is not issued immediately 5
without prior notice to the respondent, the court may grant an ex 6
parte temporary protection order, pending a full hearing. The court 7
has broad discretion to grant such relief as the court deems proper, 8
including the forms of relief listed in RCW 7.105.310, provided that 9
the court shall not order a form of relief listed in RCW 7.105.310 if 10
it would not be feasible or appropriate for the respondent to comply 11
with such a requirement before a full hearing may be held on the 12
petition for a protection order. If the court does not order all the 13
relief requested by the petitioner in an ex parte temporary 14
protection order, the court shall still consider ordering such relief 15
at the full hearing on the petition for a protection order. In 16
issuing the order, the court shall consider the provisions of RCW 17
9.41.800, and order the respondent to surrender, and prohibit the 18
respondent from accessing, having in his or her custody or control, 19
possessing, purchasing, attempting to purchase or receive, or 20
receiving, all firearms, dangerous weapons, and any concealed pistol 21
license, as required in RCW 9.41.800.22
(2) Any order issued under this section must contain the date, 23
time of issuance, and expiration date.24
(3) The court may issue an ex parte temporary protection order on 25
the petition with or without a hearing. If an ex parte temporary 26
protection order is denied, the court shall still set a full hearing 27
unless the court determines the petition does not contain prima facie 28
allegations to support the issuance of any type of protection order. 29
If the court declines to issue an ex parte temporary protection order 30
as requested or declines to set a hearing, the court shall state the 31
((particular)) reasons ((for the court's denial)) in writing. The 32
court's denial of a motion for an ex parte temporary protection order 33
shall be filed with the court. ((If an ex parte temporary protection 34
order is denied, the court shall still set a full hearing on the 35
petition for a protection order.))36
(4) If a full hearing is set on a petition that is filed before 37
close of business on a judicial day, the hearing must be set not 38
later than 14 days from the date of the filing of the petition. If a 39
full hearing is set on a petition that is submitted after close of 40
p. 43 SHB 1901.SL
business on a judicial day or is submitted on a nonjudicial day, the 1
hearing must be set not later than 14 days from the first judicial 2
day after the petition is filed, which may be extended for good 3
cause.4
(5) If the court does not set a full hearing, the petitioner may 5
file an amended petition within 14 days of the court's denial. If the 6
court determines the amended petition does not contain prima facie 7
allegations to support the issuance of any type of protection order 8
or if the petitioner fails to file an amended petition within the 9
required time, the court may enter an order dismissing the petition.10
(6) A petitioner may not obtain an ex parte temporary 11
antiharassment protection order against a respondent if the 12
petitioner has previously obtained two such ex parte orders against 13
the same respondent, but has failed to obtain the issuance of a civil 14
antiharassment protection order, unless good cause for such failure 15
can be shown.16
Sec. 17. RCW 7.105.310 and 2021 c 215 s 39 are each amended to 17
read as follows:18
(1) In issuing any type of protection order, other than an ex 19
parte temporary antiharassment protection order as limited by 20
subsection (2) of this section, and other than an extreme risk 21
protection order, the court shall have broad discretion to grant such 22
relief as the court deems proper, including an order that provides 23
relief as follows:24
(a) Restrain the respondent from committing any of the following 25
acts against the petitioner and other persons protected by the order: 26
Domestic violence; nonconsensual sexual conduct or nonconsensual 27
sexual penetration; sexual abuse; stalking; acts of abandonment, 28
abuse, neglect, or financial exploitation against a vulnerable adult; 29
and unlawful harassment;30
(b) Restrain the respondent from making any attempts to have 31
contact, including nonphysical contact, with the petitioner or the 32
petitioner's family or household members who are minors or other 33
members of the petitioner's household, either directly, indirectly, 34
or through third parties regardless of whether those third parties 35
know of the order;36
(c) Exclude the respondent from the ((dwelling)) residence that 37
the parties share;38
p. 44 SHB 1901.SL
(d) Exclude the respondent from the residence, workplace, or 1
school of the petitioner; or from the day care or school of a minor 2
child;3
(((d))) (e) Restrain the respondent from knowingly coming within, 4
or knowingly remaining within, a specified distance from a specified 5
location including, but not limited to, a residence, school, day 6
care, workplace, the protected party's person, and the protected 7
party's vehicle. The specified distance shall presumptively be at 8
least 1,000 feet, unless the court for good cause finds that a 9
shorter specified distance is appropriate;10
(((e))) (f) If the parties have children in common, make 11
residential provisions with regard to their minor children on the 12
same basis as is provided in chapter 26.09 RCW. However, parenting 13
plans as specified in chapter 26.09 RCW must not be required under 14
this chapter. The court may not delay or defer relief under this 15
chapter on the grounds that the parties could seek a parenting plan 16
or modification to a parenting plan in a different action. A 17
protection order must not be denied on the grounds that the parties 18
have an existing parenting plan in effect. A protection order may 19
suspend the respondent's contact with the parties' children under an 20
existing parenting plan, subject to further orders in a family law 21
proceeding;22
(((f))) (g) Order the respondent to participate in a state-23
certified domestic violence perpetrator treatment program approved 24
under RCW 43.20A.735 or a state-certified sex offender treatment 25
program approved under RCW 18.155.070;26
(((g))) (h) Order the respondent to obtain a mental health or 27
chemical dependency evaluation. If the court determines that a mental 28
health evaluation is necessary, the court shall clearly document the 29
reason for this determination and provide a specific question or 30
questions to be answered by the mental health professional. The court 31
shall consider the ability of the respondent to pay for an 32
evaluation. Minors are presumed to be unable to pay. The parent or 33
legal guardian is responsible for costs unless the parent or legal 34
guardian demonstrates inability to pay;35
(((h))) (i) In cases where the petitioner and the respondent are 36
students who attend the same public or private elementary, middle, or 37
high school, the court, when issuing a protection order and providing 38
relief, shall consider, among the other facts of the case, the 39
severity of the act, any continuing physical danger, emotional 40
p. 45 SHB 1901.SL
distress, or educational disruption to the petitioner, and the 1
financial difficulty and educational disruption that would be caused 2
by a transfer of the respondent to another school. The court may 3
order that the respondent not attend the public or private 4
elementary, middle, or high school attended by the petitioner. If a 5
minor respondent is prohibited attendance at the minor's assigned 6
public school, the school district must provide the student 7
comparable educational services in another setting. In such a case, 8
the district shall provide transportation at no cost to the 9
respondent if the respondent's parent or legal guardian is unable to 10
pay for transportation. The district shall put in place any needed 11
supports to ensure successful transition to the new school 12
environment. The court shall send notice of the restriction on 13
attending the same school as the petitioner to the public or private 14
school the respondent will attend and to the school the petitioner 15
attends;16
(((i))) (j) Require the respondent to pay the administrative 17
court costs and service fees, as established by the county or 18
municipality incurring the expense, and to reimburse the petitioner 19
for costs incurred in bringing the action, including reasonable 20
attorneys' fees or limited license legal technician fees when such 21
fees are incurred by a person licensed and practicing in accordance 22
with state supreme court admission and practice rule 28, the limited 23
practice rule for limited license legal technicians. Minors are 24
presumed to be unable to pay. The parent or legal guardian is 25
responsible for costs unless the parent or legal guardian 26
demonstrates inability to pay;27
(((j))) (k) Restrain the respondent from harassing, following, 28
monitoring, keeping under physical or electronic surveillance, 29
cyberstalking as defined in RCW 9.61.260, and using telephonic, 30
audiovisual, or other electronic means to monitor the actions, 31
location, or communication of the petitioner or the petitioner's 32
family or household members who are minors or other members of the 33
petitioner's household. For the purposes of this subsection, 34
"communication" includes both "wire communication" and "electronic 35
communication" as defined in RCW 9.73.260;36
(((k))) (l) Other than for respondents who are minors, require 37
the respondent to submit to electronic monitoring. The order must 38
specify who shall provide the electronic monitoring services and the 39
terms under which the monitoring must be performed. The order also 40
p. 46 SHB 1901.SL
may include a requirement that the respondent pay the costs of the 1
monitoring. The court shall consider the ability of the respondent to 2
pay for electronic monitoring;3
(((l))) (m) Consider the provisions of RCW 9.41.800, and order 4
the respondent to surrender, and prohibit the respondent from 5
accessing, having in his or her custody or control, possessing, 6
purchasing, attempting to purchase or receive, or receiving, all 7
firearms, dangerous weapons, and any concealed pistol license, as 8
required in RCW 9.41.800;9
(((m))) (n) Order possession and use of essential personal 10
effects. The court shall list the essential personal effects with 11
sufficient specificity to make it clear which property is included. 12
Personal effects may include pets. The court may order that a 13
petitioner be granted the exclusive custody or control of any pet 14
owned, possessed, leased, kept, or held by the petitioner, 15
respondent, or minor child residing with either the petitioner or 16
respondent, and may prohibit the respondent from interfering with the 17
petitioner's efforts to obtain the pet. The court may also prohibit 18
the respondent from knowingly coming within, or knowingly remaining 19
within, a specified distance of specified locations where the pet is 20
regularly found;21
(((n))) (o) Order use of a vehicle;22
(((o))) (p) Enter an order restricting the respondent from 23
engaging in abusive litigation as set forth in chapter 26.51 RCW or 24
in frivolous filings against the petitioner, making harassing or 25
libelous communications about the petitioner to third parties, or 26
making false reports to investigative agencies. A petitioner may 27
request this relief in the petition or by separate motion. A 28
petitioner may request this relief by separate motion at any time 29
within five years of the date the protection order is entered even if 30
the order has since expired. A stand-alone motion for an order 31
restricting abusive litigation may be brought by a party who meets 32
the requirements of chapter 26.51 RCW regardless of whether the party 33
has previously sought a protection order under this chapter, provided 34
the motion is made within five years of the date the order that made 35
a finding of domestic violence was entered. In cases where a finding 36
of domestic violence was entered pursuant to an order under chapter 37
26.09, 26.26, or 26.26A RCW, a motion for an order restricting 38
abusive litigation may be brought under the family law case or as a 39
p. 47 SHB 1901.SL
stand-alone action filed under this chapter, when it is not 1
reasonable or practical to file under the family law case;2
(((p))) (q) Restrain the respondent from committing acts of 3
abandonment, abuse, neglect, or financial exploitation against a 4
vulnerable adult;5
(((q))) (r) Require an accounting by the respondent of the 6
disposition of the vulnerable adult's income or other resources;7
(((r))) (s) Restrain the transfer of either the respondent's or 8
vulnerable adult's property, or both, for a specified period not 9
exceeding 90 days;10
(((s))) (t) Order financial relief and restrain the transfer of 11
jointly owned assets;12
(((t))) (u) Restrain the respondent from possessing or 13
distributing intimate images, as defined in RCW 9A.86.010, depicting 14
the petitioner including, but not limited to, requiring the 15
respondent to: Take down and delete all intimate images and 16
recordings of the petitioner in the respondent's possession or 17
control; and cease any and all disclosure of those intimate images. 18
The court may also inform the respondent that it would be appropriate 19
to ask third parties in possession or control of the intimate images 20
of this protection order to take down and delete the intimate images 21
so that the order may not inadvertently be violated; or22
(((u))) (v) Order other relief as it deems necessary for the 23
protection of the petitioner and other family or household members 24
who are minors or vulnerable adults for whom the petitioner has 25
sought protection, including orders or directives to a law 26
enforcement officer, as allowed under this chapter.27
(2) In an antiharassment protection order proceeding, the court 28
may grant the relief specified in subsection (1)(c), (f), and (t) of 29
this section only as part of a full antiharassment protection order.30
(3) The court in granting a temporary antiharassment protection 31
order or a civil antiharassment protection order shall not prohibit 32
the respondent from exercising constitutionally protected free 33
speech. Nothing in this section prohibits the petitioner from 34
utilizing other civil or criminal remedies to restrain conduct or 35
communications not otherwise constitutionally protected.36
(((3))) (4) The court shall not take any of the following actions 37
in issuing a protection order.38
p. 48 SHB 1901.SL
(a) The court may not order the petitioner to obtain services 1
including, but not limited to, drug testing, victim support services, 2
a mental health assessment, or a psychological evaluation.3
(b) ((The court may not order the petitioner to pay the 4
respondent's attorneys' fees or other costs.5
(c))) The court shall not issue a full protection order to any 6
party except upon notice to the respondent and the opportunity for a 7
hearing pursuant to a petition or counter-petition filed and served 8
by the party seeking relief in accordance with this chapter. Except 9
as provided in RCW 7.105.210, the court shall not issue a temporary 10
protection order to any party unless the party has filed a petition 11
or counter-petition for a protection order seeking relief in 12
accordance with this chapter.13
(((d))) (c) Under no circumstances shall the court deny the 14
petitioner the type of protection order sought in the petition on the 15
grounds that the court finds that a different type of protection 16
order would have a less severe impact on the respondent.17
(((4))) (5) The order shall specify the date the order expires, 18
if any. For permanent orders, the court shall set the date to expire 19
99 years from the issuance date. The order shall also state whether 20
the court issued the protection order following personal service, 21
service by electronic means, service by mail, or service by 22
publication, and whether the court has approved service by mail or 23
publication of an order issued under this section.24
Sec. 18. RCW 7.105.320 and 2021 c 215 s 41 are each amended to 25
read as follows:26
(1) When an order is issued under this chapter upon request of 27
the petitioner, the court may order a law enforcement officer to 28
accompany the petitioner and assist in placing the petitioner in 29
possession of those items indicated in the order or to otherwise 30
assist in the execution of the order of protection. The order must 31
list all items that are to be included with sufficient specificity to 32
make it clear which property is included. Orders issued under this 33
chapter must include a designation of the appropriate law enforcement 34
agency to execute, serve, or enforce the order. Any appropriate law 35
enforcement agency should act where assistance is needed, even if the 36
agency is not specifically named in the order, including assisting 37
with the recovery of firearms as ordered.38
p. 49 SHB 1901.SL
(2) Upon order of a court, a law enforcement officer shall 1
accompany the petitioner and assist in placing the petitioner in 2
possession of all items listed in the order and to otherwise assist 3
in the execution of the order.4
(3) When the respondent is ordered to vacate the residence or 5
other shared property, the respondent may be permitted by the court 6
to remove personal clothing, personal items needed during the 7
duration of the order, and any other items specified by the court, 8
while a law enforcement officer is present.9
(4) Where orders involve surrender of firearms, dangerous 10
weapons, and concealed pistol licenses, those items must be secured 11
and accounted for in a manner that prioritizes safety and compliance 12
with court orders.13
Sec. 19. RCW 7.105.340 and 2021 c 215 s 45 are each amended to 14
read as follows:15
(1) Upon the issuance of any extreme risk protection order under 16
this chapter, including a temporary extreme risk protection order, 17
the court shall:18
(a) Order the respondent to surrender to the local law 19
enforcement agency all firearms in the respondent's custody, control, 20
or possession, and any concealed pistol license issued under RCW 21
9.41.070; and22
(b) Other than for ex parte temporary protection orders, direct 23
law enforcement to revoke any concealed pistol license issued to the 24
respondent.25
(2) The law enforcement officer serving any extreme risk 26
protection order under this chapter, including a temporary extreme 27
risk protection order, shall request that the respondent immediately 28
surrender all firearms in his or her custody, control, or possession, 29
and any concealed pistol license issued under RCW 9.41.070, and 30
conduct any search permitted by law for such firearms. The law 31
enforcement officer shall take possession of all firearms belonging 32
to the respondent that are surrendered, in plain sight, or discovered 33
pursuant to a lawful search. ((The order must be personally served 34
upon the respondent or defendant if)) If the order is entered in open 35
court ((in the presence of)) and the respondent ((or defendant. The 36
respondent or defendant shall acknowledge receipt and service)) 37
appears in person, the respondent must be provided a copy and further 38
service is not required. If the respondent ((or defendant)) refuses 39
p. 50 SHB 1901.SL
((service)) to accept a copy, an agent of the court may indicate on 1
the record that the respondent ((or defendant)) refused ((service)) 2
to accept a copy of the order. If the respondent appears remotely for 3
the hearing, or leaves the hearing before a final ruling is issued or 4
order signed, and the court believes the respondent has sufficient 5
notice such that additional service is not necessary, the order must 6
recite that the respondent appeared before the court, has actual 7
notice of the order, the necessity for further service is waived, and 8
proof of service of the order is not necessary. The court shall enter 9
the service and receipt into the record. A copy of the order and 10
service must be transmitted immediately to law enforcement. The 11
respondent must immediately surrender all firearms and any concealed 12
pistol license, not previously surrendered, in a safe manner to the 13
control of the local law enforcement agency on the day of the hearing 14
at which the respondent was present in person or remotely. If the 15
respondent is in custody, arrangements to recover the firearms must 16
be made prior to release. Alternatively, if personal service by a law 17
enforcement officer is not possible, and the respondent did not 18
appear in person or remotely at the hearing, the respondent shall 19
surrender the firearms in a safe manner to the control of the local 20
law enforcement agency within 24 hours of being served with the order 21
by alternate service.22
(3) At the time of surrender, a law enforcement officer taking 23
possession of a firearm or concealed pistol license shall issue a 24
receipt identifying all firearms that have been surrendered and 25
provide a copy of the receipt to the respondent. Within 72 hours 26
after service of the order, the officer serving the order shall file 27
the original receipt with the court and shall ensure that his or her 28
law enforcement agency retains a copy of the receipt.29
(4) Upon the sworn statement or testimony of the petitioner or of 30
any law enforcement officer alleging that the respondent has failed 31
to comply with the surrender of firearms as required by an order 32
issued under this chapter, the court shall determine whether probable 33
cause exists to believe that the respondent has failed to surrender 34
all firearms in his or her possession, custody, or control. If 35
probable cause for a violation of the order exists, the court shall 36
issue a warrant describing the firearms and authorizing a search of 37
the locations where the firearms are reasonably believed to be and 38
the seizure of any firearms discovered pursuant to such search.39
p. 51 SHB 1901.SL
(5) If a person other than the respondent claims title to any 1
firearms surrendered pursuant to this section, and that person is 2
determined by the law enforcement agency to be the lawful owner of 3
the firearm, the firearm must be returned to that person, provided 4
that:5
(a) The firearm is removed from the respondent's custody, 6
control, or possession, and the lawful owner provides written 7
verification to the court regarding how the lawful owner will safely 8
store the firearm in a manner such that the respondent does not have 9
access to, or control of, the firearm for the duration of the order;10
(b) The court advises the lawful owner of the penalty for failure 11
to do so; and12
(c) The firearm is not otherwise unlawfully possessed by the 13
owner.14
(6) Upon the issuance of a one-year extreme risk protection 15
order, the court shall order a new compliance review hearing date and 16
require the respondent to appear not later than three judicial days 17
from the issuance of the order. The court shall require a showing 18
that the respondent has surrendered any firearms in the respondent's 19
custody, control, or possession, and any concealed pistol license 20
issued under RCW 9.41.070 to a law enforcement agency. The compliance 21
review hearing is not required upon a satisfactory showing on which 22
the court can otherwise enter findings on the record that the 23
respondent has timely and completely surrendered all firearms in the 24
respondent's custody, control, or possession, and any concealed 25
pistol license issued under RCW 9.41.070 to a law enforcement agency, 26
and is in compliance with the order. If the court does not have a 27
sufficient record before it on which to make such a finding, the 28
court must set a review hearing to occur as soon as possible, at 29
which the respondent must be present and provide proof of compliance 30
with the court's order.31
(7)(a) If a court finds at the compliance review hearing, or any 32
other hearing where compliance with the order is addressed, that 33
there is probable cause to believe the respondent was aware of, and 34
failed to fully comply with, the order, failed to appear at the 35
compliance review hearing, or violated the order after the court 36
entered findings of compliance, pursuant to its authority under 37
chapter 7.21 RCW, the court may initiate a contempt proceeding on its 38
own motion, or upon the motion of the prosecutor, city attorney, or 39
the petitioner's counsel, to impose remedial sanctions, and issue an 40
p. 52 SHB 1901.SL
order requiring the respondent to appear, provide proof of compliance 1
with the order, and show cause why the respondent should not be held 2
in contempt of court.3
(b) If the respondent is not present in court at the compliance 4
review hearing or if the court issues an order to appear and show 5
cause after a compliance review hearing, the clerk of the court shall 6
electronically transmit a copy of the order to show cause to the law 7
enforcement agency where the respondent resides for personal service 8
or service in the manner provided in the civil rules of superior 9
court or applicable statute.10
(c) The order to show cause served upon the respondent shall 11
state the date, time, and location of the hearing, and shall include 12
a warning that the respondent may be held in contempt of court if the 13
respondent fails to promptly comply with the terms of the extreme 14
risk protection order and a warning that an arrest warrant could be 15
issued if the respondent fails to appear on the date and time 16
provided in the order to show cause.17
(d)(i) At the show cause hearing, the respondent must be present 18
and provide proof of compliance with the extreme risk protection 19
order and demonstrate why the relief requested should not be granted.20
(ii) The court shall take judicial notice of the receipt filed 21
with the court by the law enforcement agency pursuant to subsection 22
(3) of this section. The court shall also provide sufficient notice 23
to the law enforcement agency of the hearing. Upon receiving notice 24
pursuant to this subsection, a law enforcement agency must:25
(A) Provide the court with a complete list of firearms 26
surrendered by the respondent or otherwise belonging to the 27
respondent that are in the possession of the law enforcement agency; 28
and29
(B) Provide the court with verification that any concealed pistol 30
license issued to the respondent has been surrendered and that a law 31
enforcement agency with authority to revoke the license has been 32
notified.33
(iii) If the law enforcement agency has a reasonable suspicion 34
that the respondent is not in full compliance with the terms of the 35
order, the law enforcement agency must submit the basis for its 36
belief to the court, and may do so through the filing of an 37
affidavit.38
p. 53 SHB 1901.SL
(e) If the court finds the respondent in contempt, the court may 1
impose remedial sanctions designed to ensure swift compliance with 2
the order to surrender and prohibit weapons.3
(f) The court may order a respondent found in contempt of the 4
order to pay for any losses incurred by a party in connection with 5
the contempt proceeding, including reasonable attorneys' fees, 6
service fees, and other costs. The costs of the proceeding must not 7
be borne by the petitioner.8
(8)(a) To help ensure that accurate and comprehensive information 9
about firearms compliance is provided to judicial officers, a 10
representative from either the prosecuting attorney's office or city 11
attorney's office, or both, from the relevant jurisdiction may appear 12
and be heard at any hearing that concerns compliance with an extreme 13
risk protection order.14
(b) Either the prosecuting attorney's office or city attorney's 15
office, or both, from the relevant jurisdiction may designate an 16
advocate or a staff person from their office who is not an attorney 17
to appear on behalf of their office. Such appearance does not 18
constitute the unauthorized practice of law.19
(9)(a) An extreme risk protection order must state that the act 20
of voluntarily surrendering firearms, or providing testimony relating 21
to the surrender of firearms, pursuant to such an order, may not be 22
used against the respondent ((or defendant)) in any criminal 23
prosecution under this chapter, chapter 9.41 RCW, or RCW 9A.56.310.24
(b) To provide relevant information to the court to determine 25
compliance with the order, the court may allow the prosecuting 26
attorney or city attorney to question the respondent regarding 27
compliance.28
(10) All law enforcement agencies must develop and implement 29
policies and procedures regarding the acceptance, storage, and return 30
of firearms required to be surrendered under this chapter. Any 31
surrendered firearms must be handled and stored properly to prevent 32
damage or degradation in appearance or function, and the condition of 33
the surrendered firearms documented, including by digital photograph. 34
A law enforcement agency holding any surrendered firearm or concealed 35
pistol license shall comply with the provisions of RCW 9.41.340 and 36
9.41.345 before the return of the firearm or concealed pistol license 37
to the owner or individual from whom it was obtained.38
p. 54 SHB 1901.SL
Sec. 20. RCW 7.105.400 and 2021 c 215 s 53 are each amended to 1
read as follows:2
(1) A temporary protection order issued under this chapter may be 3
reissued for the following reasons:4
(a) Agreement of the parties;5
(b) To provide additional time to effect service of the temporary 6
protection order on the respondent; or7
(c) If the court, in writing, finds good cause to reissue the 8
order.9
(2) Any temporary orders to surrender and prohibit weapons must 10
also be automatically reissued with the temporary protection order.11
(3) To ensure that a petitioner is not delayed in receiving a 12
hearing on a petition for a protection order, there is a rebuttable 13
presumption that a temporary protection order should not be reissued 14
more than once or for more than 30 days at the request of the 15
respondent, absent agreement of the parties, good cause, or the need 16
to provide additional time to effect service.17
(4) When considering any request to stay, continue, or delay a 18
hearing under this chapter because of the pendency of a parallel 19
criminal investigation or prosecution of the respondent, courts shall 20
apply a rebuttable presumption against such delay and give due 21
recognition to the purpose of this chapter to provide victims quick 22
and effective relief. Courts must consider on the record the 23
following factors:24
(a) The extent to which a defendant's Fifth Amendment rights are 25
or are not implicated, given the special nature of protection order 26
proceedings which burden a defendant's Fifth Amendment privilege 27
substantially less than do other civil proceedings;28
(b) Similarities between the civil and criminal cases;29
(c) Status of the criminal case;30
(d) The interests of the petitioners in proceeding expeditiously 31
with litigation and the potential prejudice and risk to petitioners 32
of a delay;33
(e) The burden that any particular aspect of the proceeding may 34
impose on respondents;35
(f) The convenience of the court in the management of its cases 36
and the efficient use of judicial resources;37
(g) The interests of persons not parties to the civil litigation; 38
and39
p. 55 SHB 1901.SL
(h) The interest of the public in the pending civil and criminal 1
litigation.2
(5) Courts shall not require a petitioner to complete a new ((law 3
enforcement information sheet)) confidential information form when a 4
temporary protection order is reissued or when a full order for a 5
fixed time period is entered, unless the petitioner indicates that 6
the information needs to be updated or amended. The clerk shall 7
transmit the order to the law enforcement agency identified in the 8
order for service, along with a copy of the confidential party 9
information form received from the respondent, if available, or the 10
petitioner's confidential party information form to assist law 11
enforcement in serving the order.12
Sec. 21. RCW 7.105.450 and 2021 c 215 s 56 are each amended to 13
read as follows:14
(1)(a) Whenever a domestic violence protection order, a sexual 15
assault protection order, a stalking protection order, or a 16
vulnerable adult protection order is granted under this chapter, or 17
an order is granted under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 18
10.99, 26.09, 26.26A, or 26.26B RCW, or there is a valid foreign 19
protection order as defined in RCW 26.52.020, or there is a Canadian 20
domestic violence protection order as defined in RCW 26.55.010, and 21
the respondent or person to be restrained knows of the order, a 22
violation of any of the following provisions of the order is a gross 23
misdemeanor, except as provided in subsections (4) and (5) of this 24
section:25
(i) The restraint provisions prohibiting acts or threats of 26
violence against, or stalking of, a protected party, or the restraint 27
provisions prohibiting contact with a protected party;28
(ii) A provision excluding the person from a residence, 29
workplace, school, or day care;30
(iii) A provision prohibiting the person from knowingly coming 31
within, or knowingly remaining within, a specified distance of a 32
location, a protected party's person, or a protected party's vehicle;33
(iv) A provision prohibiting interfering with the protected 34
party's efforts to remove a pet owned, possessed, leased, kept, or 35
held by the petitioner, the respondent, or a minor child residing 36
with either the petitioner or the respondent; or37
p. 56 SHB 1901.SL
(v) A provision of a foreign protection order or a Canadian 1
domestic violence protection order specifically indicating that a 2
violation will be a crime.3
(b) Upon conviction, and in addition to any other penalties 4
provided by law, the court:5
(i) May require that the respondent submit to electronic 6
monitoring. The court shall specify who must provide the electronic 7
monitoring services and the terms under which the monitoring must be 8
performed. The order also may include a requirement that the 9
respondent pay the costs of the monitoring. The court shall consider 10
the ability of the convicted person to pay for electronic monitoring; 11
and12
(ii) Shall impose a fine of $15, in addition to any penalty or 13
fine imposed, for a violation of a domestic violence protection order 14
issued under this chapter. Revenue from the $15 fine must be remitted 15
monthly to the state treasury for deposit in the domestic violence 16
prevention account.17
(2) A law enforcement officer shall arrest without a warrant and 18
take into custody a person whom the law enforcement officer has 19
probable cause to believe has violated a domestic violence protection 20
order, a sexual assault protection order, a stalking protection 21
order, or a vulnerable adult protection order, or an order issued 22
under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.99, 26.09, 23
26.26A, or 26.26B RCW, or a valid foreign protection order as defined 24
in RCW 26.52.020, or a Canadian domestic violence protection order as 25
defined in RCW 26.55.010, that restrains the person or excludes the 26
person from a residence, workplace, school, or day care, or prohibits 27
the person from knowingly coming within, or knowingly remaining 28
within, a specified distance of a location, a protected party's 29
person, or a protected party's vehicle, if the person restrained 30
knows of the order. Presence of the order in the law enforcement 31
computer-based criminal intelligence information system is not the 32
only means of establishing knowledge of the order.33
(3) A violation of a domestic violence protection order, a sexual 34
assault protection order, a stalking protection order, or a 35
vulnerable adult protection order, or an order issued under chapter 36
9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.99, 26.09, 26.26A, or 26.26B 37
RCW, or a valid foreign protection order as defined in RCW 26.52.020, 38
or a Canadian domestic violence protection order as defined in RCW 39
p. 57 SHB 1901.SL
26.55.010, shall also constitute contempt of court, and is subject to 1
the penalties prescribed by law.2
(4) Any assault that is a violation of a domestic violence 3
protection order, a sexual assault protection order, a stalking 4
protection order, or a vulnerable adult protection order, or an order 5
issued under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.99, 26.09, 6
26.26A, or 26.26B RCW, or a valid foreign protection order as defined 7
in RCW 26.52.020, or a Canadian domestic violence protection order as 8
defined in RCW 26.55.010, and that does not amount to assault in the 9
first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C 10
felony, and any conduct in violation of such an order that is 11
reckless and creates a substantial risk of death or serious physical 12
injury to another person is a class C felony.13
(5) A violation of a domestic violence protection order, a sexual 14
assault protection order, a stalking protection order, or a 15
vulnerable adult protection order, or a court order issued under 16
chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.99, 26.09, 26.26A, or 17
26.26B RCW, or a valid foreign protection order as defined in RCW 18
26.52.020, or a Canadian domestic violence protection order as 19
defined in RCW 26.55.010, is a class C felony if the offender has at 20
least two previous convictions for violating the provisions of a 21
domestic violence protection order, a sexual assault protection 22
order, a stalking protection order, or a vulnerable adult protection 23
order, or an order issued under chapter 9A.40, 9A.44, 9A.46, 9A.88, 24
9.94A, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign 25
protection order as defined in RCW 26.52.020, or a Canadian domestic 26
violence protection order as defined in RCW 26.55.010. The previous 27
convictions may involve the same victim or other victims specifically 28
protected by the orders the offender violated.29
(6)(a) A defendant arrested for violating a domestic violence 30
protection order, sexual assault protection order, stalking 31
protection order, or vulnerable adult protection order, or an order 32
granted under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.99, 33
26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as 34
defined in RCW 26.52.020, or a Canadian domestic violence protection 35
order as defined in RCW 26.55.010, is required to appear in person 36
before a magistrate within one judicial day after the arrest. At the 37
time of the appearance, the court shall determine the necessity of 38
imposing a no-contact order or other conditions of pretrial release.39
p. 58 SHB 1901.SL
(b) A defendant who is charged by citation, complaint, or 1
information with violating any protection order identified in (a) of 2
this subsection and not arrested shall appear in court for 3
arraignment in person as soon as practicable, but in no event later 4
than 14 days after the next day on which court is in session 5
following the issuance of the citation or the filing of the complaint 6
or information.7
(7) Upon the filing of an affidavit by the petitioner or any law 8
enforcement officer alleging that the respondent has violated a 9
domestic violence protection order, a sexual assault protection 10
order, a stalking protection order, or a vulnerable adult protection 11
order, or an order granted under chapter 9A.40, 9A.44, 9A.46, 9A.88, 12
9.94A, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign 13
protection order as defined in RCW 26.52.020, or a Canadian domestic 14
violence protection order as defined in RCW 26.55.010, the court may 15
issue an order to the respondent, requiring the respondent to appear 16
and show cause within 14 days as to why the respondent should not be 17
found in contempt of court and punished accordingly. The hearing may 18
be held in the court of any county or municipality in which the 19
petitioner or respondent temporarily or permanently resides at the 20
time of the alleged violation.21
(8) Appearances required under this section are mandatory and 22
cannot be waived.23
Sec. 22. RCW 7.105.460 and 2021 c 215 s 58 are each amended to 24
read as follows:25
(1) Any person who files a petition for an extreme risk 26
protection order knowing the information in such petition to be 27
materially false, or with the intent to harass the respondent, is 28
guilty of a gross misdemeanor.29
(2) ((Any)) (a) Except as provided in (b) of this subsection, any 30
person who has in his or her custody or control, accesses, purchases, 31
possesses, or receives, or attempts to purchase or receive, a firearm 32
with knowledge that he or she is prohibited from doing so by an 33
extreme risk protection order is guilty of a gross misdemeanor, and 34
further is prohibited from having in his or her custody or control, 35
accessing, purchasing, possessing, or receiving, or attempting to 36
purchase or receive, a firearm for a period of five years from the 37
date the existing order expires. ((However, such))38
p. 59 SHB 1901.SL
(b) A person is guilty of a class C felony for a violation under 1
(a) of this subsection if the person has two or more previous 2
convictions for violating an order issued under this chapter.3
Sec. 23. RCW 7.105.500 and 2021 c 215 s 61 are each amended to 4
read as follows:5
This section applies to modification or termination of domestic 6
violence protection orders, sexual assault protection orders, 7
stalking protection orders, and antiharassment protection orders.8
(1) Upon a motion with notice to all parties and after a hearing, 9
the court may modify the terms of an existing protection order or 10
terminate an existing order.11
(2) A respondent's motion to modify or terminate an existing 12
protection order must include a declaration setting forth facts 13
supporting the requested order for modification or termination. The 14
nonmoving parties to the proceeding may file opposing declarations. 15
All motions to modify or terminate shall be based on the written 16
materials and evidence submitted to the court. The court shall set a 17
hearing only if the court finds that adequate cause is established. 18
If the court finds that the respondent established adequate cause, 19
the court shall set a date for hearing the respondent's motion, which 20
must be at least 14 days from the date the court finds adequate 21
cause.22
(3) Upon the motion of a respondent, the court may not modify or 23
terminate an existing protection order unless the respondent proves 24
by a preponderance of the evidence that there has been a substantial 25
change in circumstances such that the respondent will not resume, 26
engage in, or attempt to engage in, the following acts against the 27
petitioner or those persons protected by the protection order if the 28
order is terminated or modified:29
(a) Acts of domestic violence, in cases involving domestic 30
violence protection orders;31
(b) Physical or nonphysical contact, in cases involving sexual 32
assault protection orders;33
(c) Acts of stalking, in cases involving stalking protection 34
orders; or35
(d) Acts of unlawful harassment, in cases involving 36
antiharassment protection orders.37
The petitioner bears no burden of proving that he or she has a 38
current reasonable fear of harm by the respondent.39
p. 60 SHB 1901.SL
(4) In determining whether there has been a substantial change in 1
circumstances, the court may consider the following unweighted 2
factors, and no inference is to be drawn from the order in which the 3
factors are listed:4
(a) Whether the respondent has committed or threatened sexual 5
assault, domestic violence, stalking, or other harmful acts against 6
the petitioner or any other person since the protection order was 7
entered;8
(b) Whether the respondent has violated the terms of the 9
protection order and the time that has passed since the entry of the 10
order;11
(c) Whether the respondent has exhibited suicidal ideation or 12
attempts since the protection order was entered;13
(d) Whether the respondent has been convicted of criminal 14
activity since the protection order was entered;15
(e) Whether the respondent has either acknowledged responsibility 16
for acts of sexual assault, domestic violence, stalking, or behavior 17
that resulted in the entry of the protection order, or successfully 18
completed state-certified perpetrator treatment or counseling since 19
the protection order was entered;20
(f) Whether the respondent has a continuing involvement with drug 21
or alcohol abuse, if such abuse was a factor in the protection order;22
(g) Whether the petitioner consents to terminating the protection 23
order, provided that consent is given voluntarily and knowingly; or24
(h) Other factors relating to a substantial change in 25
circumstances.26
(5) In determining whether there has been a substantial change in 27
circumstances, the court may not base its determination on the fact 28
that time has passed without a violation of the order.29
(6) Regardless of whether there is a substantial change in 30
circumstances, the court may decline to terminate a protection order 31
if it finds that the acts of domestic violence, sexual assault, 32
stalking, unlawful harassment, and other harmful acts that resulted 33
in the issuance of the protection order were of such severity that 34
the order should not be terminated.35
(7) A respondent may file a motion to modify or terminate an 36
order no more than once in every 12-month period that the order is in 37
effect, starting from the date of the order and continuing through 38
any renewal period.39
p. 61 SHB 1901.SL
(8) If a person who is protected by a protection order has a 1
child or adopts a child after a protection order has been issued, but 2
before the protection order has expired, the petitioner may seek to 3
include the new child in the order of protection on an ex parte basis 4
if the child is already in the physical custody of the petitioner. If 5
the restrained person is the legal or biological parent of the child, 6
a hearing must be set and notice given to the restrained person prior 7
to final modification of the full protection order.8
(9) A court may require the respondent to pay the petitioner for 9
costs incurred in responding to a motion to modify or terminate a 10
protection order, including reasonable attorneys' fees.11
Sec. 24. RCW 7.105.510 and 2021 c 215 s 63 are each amended to 12
read as follows:13
This section applies to the modification or termination of 14
vulnerable adult protection orders.15
(1) Any vulnerable adult who is not subject to ((a limited 16
guardianship, limited conservatorship, or other protective 17
arrangement)) an order under chapter 11.130 RCW may, at any time 18
subsequent to the entry of a permanent protection order under this 19
chapter, file a motion to modify or terminate the protection order. 20
Where a vulnerable adult is subject to an order under chapter 11.130 21
RCW, the vulnerable adult, or the vulnerable adult's guardian, 22
conservator, or person acting on behalf of the vulnerable adult under 23
a protective arrangement under chapter 11.130 RCW, may, ((at any time 24
subsequent to the entry of a permanent protection order under this 25
chapter,)) if within the person's authority under the guardianship, 26
conservatorship, or protective arrangement, file a motion to modify 27
or terminate the protection order at any time subsequent to the entry 28
of a permanent protection order under this chapter.29
(2) In a hearing on a motion to modify or terminate the 30
protection order, the court shall grant such relief consistent with 31
RCW 7.105.310 as it deems necessary for the protection of the 32
vulnerable adult, including modification or termination of the 33
protection order.34
Sec. 25. RCW 7.105.555 and 2021 c 215 s 66 are each amended to 35
read as follows:36
(1) To prevent the issuance of competing protection orders in 37
different courts and to give courts needed information for the 38
p. 62 SHB 1901.SL
issuance of orders, the judicial information system or alternative 1
databases must be available in each district, municipal, and superior 2
court, and must include a database containing the following 3
information:4
(((1))) (a) The names of the parties and the cause number for 5
every order of protection issued under this chapter, protection 6
orders provided by military and tribal courts, every criminal no-7
contact order issued under chapters 9A.46 and 10.99 RCW, every 8
dissolution action under chapter 26.09 RCW, every parentage action 9
under chapter 26.26A or 26.26B RCW, every restraining order issued on 10
behalf of an abused child or adult dependent person under chapter 11
26.44 RCW, every foreign protection order filed under chapter 26.52 12
RCW, and every Canadian domestic violence protection order filed 13
under chapter 26.55 RCW. When a guardian or the department of social 14
and health services or department of children, youth, and families 15
has petitioned for relief on behalf of an abused child, adult 16
dependent person, or vulnerable adult, the name of the person on 17
whose behalf relief was sought must be included in the database as a 18
party rather than the guardian or appropriate department;19
(((2))) (b) A complete criminal history of the parties; and20
(((3))) (c) Other relevant information necessary to assist courts 21
in issuing orders under this chapter as determined by the judicial 22
information system committee.23
(2) Information within the database must be easily accessible and 24
accurately updated as soon as possible but no later than within one 25
judicial day.26
(3) A document viewing system must be available as part of the 27
judicial information system or other databases used by the court, so 28
that in addition to having access to the summary information in 29
subsection (1) of this section, the court is able to view any 30
protection order filed within the state.31
Sec. 26. RCW 7.105.902 and 2021 c 215 s 36 are each amended to 32
read as follows:33
(1) The administrative office of the courts, through the gender 34
and justice commission of the Washington state supreme court, and 35
with the support of the Washington state women's commission, shall 36
work with representatives of superior, district, and municipal court 37
judicial officers, court clerks, and administrators, including those 38
with experience in protection order proceedings, as well as advocates 39
p. 63 SHB 1901.SL
and practitioners with expertise in each type of protection order, 1
and others with relevant expertise, to consider and develop 2
recommendations regarding:3
(a) Uses of technology to reduce administrative burdens in 4
protection order proceedings;5
(b) Improving access to unrepresented parties in protection order 6
proceedings, including promoting access for pro bono attorneys for 7
remote protection order proceedings, in consultation with the 8
Washington state bar association;9
(c) Developing best practices for courts when there are civil 10
protection order and criminal proceedings that concern the same 11
alleged conduct;12
(d) Developing best practices in data collection and sharing, 13
including demographic information, in order to promote research and 14
study on protection orders and transparency of protection order data 15
for the public, in partnership with the Washington state center for 16
court research, the Washington state institute for public policy, the 17
University of Washington, and the urban Indian health institute;18
(e) Developing best practices, including proposed training and 19
necessary forms, in partnership with the Washington tribal state 20
court consortium, to address how:21
(i) Washington state court judges of all levels can see the 22
existence of, and parties to, tribal court, military, and other 23
jurisdiction protection orders, in comity with similar state court 24
orders;25
(ii) Tribal courts can enter their protection orders into the 26
judicial information system used by courts to check for conflicting 27
orders and history; and28
(iii) State courts can query the national crime information 29
center to check for tribal, military, and other jurisdictions' 30
protection orders prior to issuing protection orders;31
(f) Developing best practices for minor respondents and 32
petitioners in civil protection order proceedings, including what 33
sanctions should be provided for in law, with input from legal 34
advocates for children and youth, juvenile public defense, juvenile 35
prosecutors, adolescent behavioral health experts, youth development 36
experts, educators, judicial officers, victim advocates, restorative-37
informed or trauma-informed professionals, child advocacy centers, 38
and professionals experienced in evidenced-based modalities for the 39
treatment of trauma; and40
p. 64 SHB 1901.SL
(g) Assessing how the civil protection order law can more 1
effectively address the type of abuse known as "coercive control" so 2
that survivors can seek earlier protective intervention before abuse 3
further escalates.4
(2) The gender and justice commission may hire a consultant to 5
assist with the requirements of this section with funds as 6
appropriated.7
(3) The gender and justice commission shall provide a brief 8
report of its recommendations to the legislature for subsection 9
(1)(e) through (g) of this section by December 1, 2021, and, for 10
subsection (1)(a) through (d) of this section, provide 11
recommendations to the courts by July 1, 2022.12
(4) This section expires October 1, 2022.13
NEW SECTION. Sec. 27. (1) The gender and justice commission, 14
through its E2SHB 1320 stakeholder work groups, and in consultation 15
with the Washington state center for court research, shall include in 16
their 2022 work consideration of a study regarding how the inclusion 17
of coercive control under this act helps to further realize the 18
legislative intent of the law to increase safety for victims by 19
obtaining effective legal protection apart from, or in addition to, 20
the criminal legal system. The possible parameters for such a study 21
would be as follows:22
(a) The center for court research may engage or partner with 23
other researchers with expertise in intimate partner violence, 24
coercive control, civil protection order processes, and related 25
research to conduct the study or help with study design, duration, 26
methods, measurements, data collection, and analysis.27
(b) The administrative office of the courts and superior and 28
district courts shall provide the center for court research with 29
necessary data to conduct the study, as requested by the center for 30
court research.31
(c) The study may include, if determined by the gender and 32
justice commission's E2SHB 1320 stakeholder work groups and the 33
center for court research to be empirically useful and readily 34
measurable through available data, measurements such as:35
(i) The ability of survivors to obtain protection orders that 36
fully address the nature of the harm or threat of harm they are 37
experiencing;38
p. 65 SHB 1901.SL
(ii) The frequency of inclusion of coercive control in protection 1
order petitions and the nature of the harm or threatened harm 2
articulated;3
(iii) Whether the orders were granted and if so, the relief 4
ordered by the court;5
(iv) Whether the orders were denied, and if so, the reason for 6
the denial; and7
(v) In proceedings involving domestic violence where coercive 8
control is part of the harm alleged:9
(A) The frequency of conflicting protection orders, cross-10
petitions (where each party files a petition against the other), or 11
re-aligned orders (where the court finds that the original petitioner 12
is the abuser and the original respondent is the victim);13
(B) Enforcement of protection order violations;14
(C) Other legal proceedings involving either party, such as 15
family, dependency, or criminal matters; and16
(D) Whether the parties had legal representation or legal 17
advocates in the protection order proceedings.18
(d) The study shall also assess judicial officer training 19
regarding protection orders, and coercive control in particular, and 20
whether additional judicial officers are required to hear protection 21
order proceedings.22
(e) To the extent feasible, and considered best practice by the 23
center for court research, the evaluation should also: Gather 24
qualitative information from survivors of domestic violence, legal 25
counsel, protection order advocates and court navigators, court 26
clerks, and judicial officers; and include analysis of any 27
disproportionate impact on survivors by race, immigration status, 28
language, gender, sexual orientation, or disability.29
(f) At the conclusion of any study conducted under this section, 30
the center for court research shall report its findings to the 31
legislature in compliance with RCW 43.01.036.32
(2) By July 1, 2022, the gender and justice commission through 33
its E2SHB 1320 work groups and the center for court research shall 34
advise the chairs of the relevant policy committees of the 35
legislature of their recommendations regarding need, timing, and 36
design for such a study.37
(3) This section expires January 1, 2028.38
p. 66 SHB 1901.SL
Sec. 28. RCW 9.41.040 and 2021 c 215 s 72 are each amended to 1
read as follows:2
(1)(a) A person, whether an adult or juvenile, is guilty of the 3
crime of unlawful possession of a firearm in the first degree, if the 4
person owns, has in his or her possession, or has in his or her 5
control any firearm after having previously been convicted or found 6
not guilty by reason of insanity in this state or elsewhere of any 7
serious offense as defined in this chapter.8
(b) Unlawful possession of a firearm in the first degree is a 9
class B felony punishable according to chapter 9A.20 RCW.10
(2)(a) A person, whether an adult or juvenile, is guilty of the 11
crime of unlawful possession of a firearm in the second degree, if 12
the person does not qualify under subsection (1) of this section for 13
the crime of unlawful possession of a firearm in the first degree and 14
the person owns, has in his or her possession, or has in his or her 15
control any firearm:16
(i) After having previously been convicted or found not guilty by 17
reason of insanity in this state or elsewhere of any felony not 18
specifically listed as prohibiting firearm possession under 19
subsection (1) of this section, or any of the following crimes when 20
committed by one family or household member against another or by one 21
intimate partner against another, as those terms are defined by the 22
statutes in effect at the time of the commission of the crime, 23
committed on or after July 1, 1993: Assault in the fourth degree, 24
coercion, stalking, reckless endangerment, criminal trespass in the 25
first degree, or violation of the provisions of a ((domestic 26
violence)) protection order or no-contact order restraining the 27
person or excluding the person from a residence (((chapter 7.105 28
RCW,)) RCW 10.99.040((,)) or any of the former RCW 26.50.060, 29
26.50.070, and 26.50.130);30
(ii) After having previously been convicted or found not guilty 31
by reason of insanity in this state or elsewhere of harassment when 32
committed by one family or household member against another or by one 33
intimate partner against another, committed on or after June 7, 2018;34
(iii) After having previously been convicted or found not guilty 35
by reason of insanity in this state or elsewhere of a violation of 36
the provisions of a protection order under chapter 7.105 RCW 37
restraining the person or excluding the person from a residence, when 38
committed by one family or household member against another or by one 39
intimate partner against another, committed on or after July 1, 2022;40
p. 67 SHB 1901.SL
(iv) During any period of time that the person is subject to a 1
court order issued under chapter 7.105, 9A.46, 10.99, 26.09, 26.26A, 2
or 26.26B RCW or any of the former chapters 7.90, 7.92, 10.14, and 3
26.50 RCW that:4
(A) Was issued after a hearing for which the person received 5
actual notice, and at which the person had an opportunity to 6
participate, whether the court then issues a full order or reissues a 7
temporary order. If the court enters an agreed order by the parties 8
without a hearing, such an order meets the requirements of this 9
subsection;10
(B) Restrains the person from harassing, stalking, or threatening 11
the person protected under the order or child of the person or 12
protected person, or engaging in other conduct that would place the 13
protected person in reasonable fear of bodily injury to the protected 14
person or child; and15
(C)(I) Includes a finding that the person represents a credible 16
threat to the physical safety of the protected person or child 17
((and)) or by its terms explicitly prohibits the use, attempted use, 18
or threatened use of physical force against the protected person or 19
child that would reasonably be expected to cause bodily injury; or20
(II) Includes an order under RCW 9.41.800 requiring the person to 21
surrender all firearms and prohibiting the person from accessing, 22
having in his or her custody or control, possessing, purchasing, 23
receiving, or attempting to purchase or receive, firearms;24
(((iv))) (v) After having previously been involuntarily committed 25
based on a mental disorder under RCW 71.05.240, 71.05.320, 71.34.740, 26
71.34.750, chapter 10.77 RCW, or equivalent statutes of another 27
jurisdiction, unless his or her right to possess a firearm has been 28
restored as provided in RCW 9.41.047;29
(((v))) (vi) After dismissal of criminal charges based on 30
incompetency to stand trial under RCW 10.77.088 when the court has 31
made a finding indicating that the defendant has a history of one or 32
more violent acts, unless his or her right to possess a firearm has 33
been restored as provided in RCW 9.41.047;34
(((vi))) (vii) If the person is under 18 years of age, except as 35
provided in RCW 9.41.042; and/or36
(((vii))) (viii) If the person is free on bond or personal 37
recognizance pending trial, appeal, or sentencing for a serious 38
offense as defined in RCW 9.41.010.39
p. 68 SHB 1901.SL
(b) Unlawful possession of a firearm in the second degree is a 1
class C felony punishable according to chapter 9A.20 RCW.2
(3) Notwithstanding RCW 9.41.047 or any other provisions of law, 3
as used in this chapter, a person has been "convicted," whether in an 4
adult court or adjudicated in a juvenile court, at such time as a 5
plea of guilty has been accepted or a verdict of guilty has been 6
filed, notwithstanding the pendency of any future proceedings 7
including, but not limited to, sentencing or disposition, post-trial 8
or post-fact-finding motions, and appeals. Conviction includes a 9
dismissal entered after a period of probation, suspension, or 10
deferral of sentence, and also includes equivalent dispositions by 11
courts in jurisdictions other than Washington state. A person shall 12
not be precluded from possession of a firearm if the conviction has 13
been the subject of a pardon, annulment, certificate of 14
rehabilitation, or other equivalent procedure based on a finding of 15
the rehabilitation of the person convicted or the conviction or 16
disposition has been the subject of a pardon, annulment, or other 17
equivalent procedure based on a finding of innocence. Where no record 18
of the court's disposition of the charges can be found, there shall 19
be a rebuttable presumption that the person was not convicted of the 20
charge.21
(4)(a) Notwithstanding subsection (1) or (2) of this section, a 22
person convicted or found not guilty by reason of insanity of an 23
offense prohibiting the possession of a firearm under this section 24
other than murder, manslaughter, robbery, rape, indecent liberties, 25
arson, assault, kidnapping, extortion, burglary, or violations with 26
respect to controlled substances under RCW 69.50.401 and 69.50.410, 27
who received a probationary sentence under RCW 9.95.200, and who 28
received a dismissal of the charge under RCW 9.95.240, shall not be 29
precluded from possession of a firearm as a result of the conviction 30
or finding of not guilty by reason of insanity. Notwithstanding any 31
other provisions of this section, if a person is prohibited from 32
possession of a firearm under subsection (1) or (2) of this section 33
and has not previously been convicted or found not guilty by reason 34
of insanity of a sex offense prohibiting firearm ownership under 35
subsection (1) or (2) of this section and/or any felony defined under 36
any law as a class A felony or with a maximum sentence of at least 20 37
years, or both, the individual may petition a court of record to have 38
his or her right to possess a firearm restored:39
(i) Under RCW 9.41.047; and/or40
p. 69 SHB 1901.SL
(ii)(A) If the conviction or finding of not guilty by reason of 1
insanity was for a felony offense, after five or more consecutive 2
years in the community without being convicted or found not guilty by 3
reason of insanity or currently charged with any felony, gross 4
misdemeanor, or misdemeanor crimes, if the individual has no prior 5
felony convictions that prohibit the possession of a firearm counted 6
as part of the offender score under RCW 9.94A.525; or7
(B) If the conviction or finding of not guilty by reason of 8
insanity was for a nonfelony offense, after three or more consecutive 9
years in the community without being convicted or found not guilty by 10
reason of insanity or currently charged with any felony, gross 11
misdemeanor, or misdemeanor crimes, if the individual has no prior 12
felony convictions that prohibit the possession of a firearm counted 13
as part of the offender score under RCW 9.94A.525 and the individual 14
has completed all conditions of the sentence.15
(b) An individual may petition a court of record to have his or 16
her right to possess a firearm restored under (a) of this subsection 17
only at:18
(i) The court of record that ordered the petitioner's prohibition 19
on possession of a firearm; or20
(ii) The superior court in the county in which the petitioner 21
resides.22
(5) In addition to any other penalty provided for by law, if a 23
person under the age of 18 years is found by a court to have 24
possessed a firearm in a vehicle in violation of subsection (1) or 25
(2) of this section or to have committed an offense while armed with 26
a firearm during which offense a motor vehicle served an integral 27
function, the court shall notify the department of licensing within 28
24 hours and the person's privilege to drive shall be revoked under 29
RCW 46.20.265, unless the offense is the juvenile's first offense in 30
violation of this section and has not committed an offense while 31
armed with a firearm, an unlawful possession of a firearm offense, or 32
an offense in violation of chapter 66.44, 69.52, 69.41, or 69.50 RCW.33
(6) Nothing in chapter 129, Laws of 1995 shall ever be construed 34
or interpreted as preventing an offender from being charged and 35
subsequently convicted for the separate felony crimes of theft of a 36
firearm or possession of a stolen firearm, or both, in addition to 37
being charged and subsequently convicted under this section for 38
unlawful possession of a firearm in the first or second degree. 39
Notwithstanding any other law, if the offender is convicted under 40
p. 70 SHB 1901.SL
this section for unlawful possession of a firearm in the first or 1
second degree and for the felony crimes of theft of a firearm or 2
possession of a stolen firearm, or both, then the offender shall 3
serve consecutive sentences for each of the felony crimes of 4
conviction listed in this subsection.5
(7) Each firearm unlawfully possessed under this section shall be 6
a separate offense.7
Sec. 29. RCW 9.41.800 and 2021 c 215 s 74 are each amended to 8
read as follows:9
(1) Any court when entering an order authorized under chapter 10
7.105 RCW, RCW 9A.46.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 11
26.26B.020, or 26.26A.470 shall, upon a showing by a preponderance of 12
the evidence, that a party has: Used, displayed, or threatened to use 13
a firearm or other dangerous weapon in a felony, or is ineligible to 14
possess a firearm under the provisions of RCW 9.41.040:15
(a) Require that the party immediately surrender all firearms and 16
other dangerous weapons;17
(b) Require that the party immediately surrender any concealed 18
pistol license issued under RCW 9.41.070;19
(c) Prohibit the party from accessing, having in his or her 20
custody or control, possessing, purchasing, receiving, or attempting 21
to purchase or receive, any firearms or other dangerous weapons;22
(d) Prohibit the party from obtaining or possessing a concealed 23
pistol license;24
(e) Other than for ex parte temporary protection orders, unless 25
the ex parte temporary protection order was reissued after the party 26
received noticed and had an opportunity to be heard, direct law 27
enforcement to revoke any concealed pistol license issued to the 28
party.29
(2) During any period of time that the party is subject to a 30
court order issued under chapter 7.105, 9A.46, 10.99, 26.09, 26.26A, 31
or 26.26B RCW that:32
(a) Was issued after a hearing of which the party received actual 33
notice, and at which the party had an opportunity to participate, 34
whether the court then issues a full order or reissues a temporary 35
order. If the court enters an agreed order by the parties without a 36
hearing, such an order meets the requirements of this subsection;37
(b) Restrains the party from harassing, stalking, or threatening 38
an intimate partner of the party, the protected person, or child of 39
p. 71 SHB 1901.SL
the intimate partner, party, or protected person, or engaging in 1
other conduct that would place an intimate partner or protected 2
person in reasonable fear of bodily injury to the intimate partner, 3
protected person, or child; and4
(c)(i) Includes a finding that the party represents a credible 5
threat to the physical safety of the intimate partner, protected 6
person, or child; ((and)) or7
(ii) By its terms, explicitly prohibits the use, attempted use, 8
or threatened use of physical force against the intimate partner, 9
protected person, or child that would reasonably be expected to cause 10
bodily injury, the court shall:11
(A) Require that the party immediately surrender all firearms and 12
other dangerous weapons;13
(B) Require that the party immediately surrender a concealed 14
pistol license issued under RCW 9.41.070;15
(C) Prohibit the party from accessing, having in his or her 16
custody or control, possessing, purchasing, receiving, or attempting 17
to purchase or receive, any firearms or other dangerous weapons; and18
(D) Prohibit the party from obtaining or possessing a concealed 19
pistol license.20
(3) The court may order temporary surrender and prohibit the 21
purchase of all firearms and other dangerous weapons, and any 22
concealed pistol license, without notice to the other party if it 23
finds, on the basis of the moving affidavit or other evidence, that 24
irreparable injury could result if an order is not issued until the 25
time for response has elapsed.26
(4) In addition to the provisions of subsections (1) and (3) of 27
this section, the court may enter an order requiring a party to 28
comply with the provisions in subsection (1) of this section if it 29
finds that the possession of a firearm or other dangerous weapon by 30
any party presents a serious and imminent threat to public health or 31
safety, or to the health or safety of any individual.32
(5) The requirements of subsections (1) and (4) of this section 33
may be for a period of time less than the duration of the order.34
(6) The court shall require the party to surrender all firearms 35
and other dangerous weapons in his or her immediate possession or 36
control or subject to his or her immediate possession or control, and 37
any concealed pistol license issued under RCW 9.41.070, to the local 38
law enforcement agency. Law enforcement officers shall use law 39
enforcement databases to assist in locating the party in situations 40
p. 72 SHB 1901.SL
where the protected person does not know where the party lives or 1
where there is evidence that the party is trying to evade service.2
(7) If the court enters a protection order, restraining order, or 3
no-contact order that includes an order to surrender firearms, 4
dangerous weapons, and any concealed pistol license under this 5
section:6
(a) The order must be served by a law enforcement officer; and7
(b) Law enforcement must immediately ensure entry of the order to 8
surrender and prohibit weapons and the revocation of any concealed 9
pistol license is made into the appropriate databases making the 10
party ineligible to possess firearms and a concealed pistol license.11
Sec. 30. RCW 9.41.801 and 2021 c 215 s 75 are each amended to 12
read as follows:13
(1) Because of the heightened risk of lethality to petitioners 14
when respondents to protection orders become aware of court 15
involvement and continue to have access to firearms, and the 16
frequency of noncompliance with court orders prohibiting possession 17
of firearms, law enforcement and judicial processes must emphasize 18
swift and certain compliance with court orders prohibiting access, 19
possession, and ownership of all firearms.20
(2) A law enforcement officer serving a protection order, no-21
contact order, or restraining order that includes an order to 22
surrender all firearms, dangerous weapons, and a concealed pistol 23
license under RCW 9.41.800 shall inform the respondent that the order 24
is effective upon service and the respondent must immediately 25
surrender all firearms and dangerous weapons in the respondent's 26
custody, control, or possession and any concealed pistol license 27
issued under RCW 9.41.070, and conduct any search permitted by law 28
for such firearms, dangerous weapons, and concealed pistol license. 29
The law enforcement officer shall take possession of all firearms, 30
dangerous weapons, and any concealed pistol license belonging to the 31
respondent that are surrendered, in plain sight, or discovered 32
pursuant to a lawful search. ((The order must be personally served 33
upon the respondent or defendant if)) If the order is entered in open 34
court ((in the presence of)) and the respondent ((or defendant)) 35
appears in person, the respondent shall be provided a copy and 36
further service is not required. ((The respondent or defendant shall 37
acknowledge receipt and service.)) If the respondent ((or defendant)) 38
refuses ((service)) to receive a copy, an agent of the court may 39
p. 73 SHB 1901.SL
indicate on the record that the respondent ((or defendant)) refused 1
((service)) to receive a copy of the order. If the respondent appears 2
remotely for the hearing, or leaves the hearing before a final ruling 3
is issued or order signed, and the court believes the respondent has 4
sufficient notice such that additional service is not necessary, the 5
order must recite that the respondent appeared before the court, has 6
actual notice of the order, the necessity for further service is 7
waived, and proof of service of the order is not necessary. The court 8
shall enter the service and receipt into the record. A copy of the 9
order and service shall be transmitted immediately to law 10
enforcement. The respondent must immediately surrender all firearms, 11
dangerous weapons, and any concealed pistol license in a safe manner 12
to the control of the local law enforcement agency on the day of the 13
hearing at which the respondent was present in person or remotely. 14
Alternatively, if personal service by a law enforcement officer is 15
not possible, and the respondent did not appear in person or remotely 16
at the hearing, the respondent shall surrender the firearms in a safe 17
manner to the control of the local law enforcement agency within 24 18
hours of being served with the order by alternate service.19
(3) At the time of surrender, a law enforcement officer taking 20
possession of firearms, dangerous weapons, and any concealed pistol 21
license shall issue a receipt identifying all firearms, dangerous 22
weapons, and any concealed pistol license that have been surrendered 23
and provide a copy of the receipt to the respondent. The law 24
enforcement agency shall file the original receipt with the court 25
within 24 hours after service of the order and retain a copy of the 26
receipt, electronically whenever electronic filing is available.27
(4) Upon the sworn statement or testimony of the petitioner or of 28
any law enforcement officer alleging that the respondent has failed 29
to comply with the surrender of firearms or dangerous weapons as 30
required by an order issued under RCW 9.41.800, the court shall 31
determine whether probable cause exists to believe that the 32
respondent has failed to surrender all firearms and dangerous weapons 33
in their possession, custody, or control. If probable cause exists 34
that a crime occurred, the court shall issue a warrant describing the 35
firearms or dangerous weapons and authorizing a search of the 36
locations where the firearms and dangerous weapons are reasonably 37
believed to be and the seizure of all firearms and dangerous weapons 38
discovered pursuant to such search.39
p. 74 SHB 1901.SL
(5) If a person other than the respondent claims title to any 1
firearms or dangerous weapons surrendered pursuant to this section, 2
and the person is determined by the law enforcement agency to be the 3
lawful owner of the firearm or dangerous weapon, the firearm or 4
dangerous weapon shall be returned to the lawful owner, provided 5
that:6
(a) The firearm or dangerous weapon is removed from the 7
respondent's access, custody, control, or possession and the lawful 8
owner agrees by written document signed under penalty of perjury to 9
store the firearm or dangerous weapon in a manner such that the 10
respondent does not have access to or control of the firearm or 11
dangerous weapon;12
(b) The firearm or dangerous weapon is not otherwise unlawfully 13
possessed by the owner; and14
(c) The requirements of RCW 9.41.345 are met.15
(6) Courts shall develop procedures to verify timely and complete 16
compliance with orders to surrender and prohibit weapons under RCW 17
9.41.800, including compliance review hearings to be held as soon as 18
possible upon receipt from law enforcement of proof of service. A 19
compliance review hearing is not required if the court can otherwise 20
enter findings on the record or enter written findings that the proof 21
of surrender or declaration of nonsurrender attested to by the person 22
subject to the order, along with verification from law enforcement 23
and any other relevant evidence, makes a sufficient showing that the 24
person has timely and completely surrendered all firearms and 25
dangerous weapons in the person's custody, control, or possession, 26
and any concealed pistol license issued under RCW 9.41.070, to a law 27
enforcement agency. If the court does not have a sufficient record 28
before it on which to make such a finding, the court must set a 29
review hearing to occur as soon as possible at which the respondent 30
must be present and provide proof of compliance with the court's 31
order. Courts shall make available forms that petitioners may 32
complete and submit to the court in response to a respondent's 33
declaration of whether the respondent has surrendered weapons.34
(7)(a) If a court finds at the compliance review hearing, or any 35
other hearing where compliance with the order to surrender and 36
prohibit weapons is addressed, that there is probable cause to 37
believe the respondent was aware of and failed to fully comply with 38
the order, failed to appear at the compliance review hearing, or 39
violated the order after the court entered findings of compliance, 40
p. 75 SHB 1901.SL
pursuant to its authority under chapter 7.21 RCW, the court may 1
initiate a contempt proceeding to impose remedial sanctions on its 2
own motion, or upon the motion of the prosecutor, city attorney, or 3
the petitioner's counsel, and issue an order requiring the respondent 4
to appear, provide proof of compliance with the order, and show cause 5
why the respondent should not be held in contempt of court.6
(b) If the respondent is not present in court at the compliance 7
review hearing or if the court issues an order to appear and show 8
cause after a compliance review hearing, the clerk of the court shall 9
electronically transmit a copy of the order to show cause to the law 10
enforcement agency where the respondent resides for personal service 11
or service in the manner provided in the civil rules of superior 12
court or applicable statute. Law enforcement shall also serve a copy 13
of the order to show cause on the petitioner, either electronically 14
or in person, at no cost.15
(c) The order to show cause served upon the respondent shall 16
state the date, time, and location of the hearing and shall include a 17
warning that the respondent may be held in contempt of court if the 18
respondent fails to promptly comply with the terms of the order to 19
surrender and prohibit weapons and a warning that an arrest warrant 20
could be issued if the respondent fails to appear on the date and 21
time provided in the order.22
(d)(i) At the show cause hearing, the respondent must be present 23
and provide proof of compliance with the underlying court order to 24
surrender and prohibit weapons and demonstrate why the relief 25
requested should not be granted.26
(ii) The court shall take judicial notice of the receipt filed 27
with the court by the law enforcement agency pursuant to subsection 28
(3) of this section. The court shall also provide sufficient notice 29
to the law enforcement agency of the hearing. Upon receiving notice 30
pursuant to this subsection, a law enforcement agency must:31
(A) Provide the court with a complete list of firearms and other 32
dangerous weapons surrendered by the respondent or otherwise 33
belonging to the respondent that are in the possession of the law 34
enforcement agency; and35
(B) Provide the court with verification that any concealed pistol 36
license issued to the respondent has been surrendered and the agency 37
with authority to revoke the license has been notified.38
(iii) If the law enforcement agency has a reasonable suspicion 39
that the respondent is not in full compliance with the terms of the 40
p. 76 SHB 1901.SL
order, the law enforcement agency must submit the basis for its 1
belief to the court, and may do so through the filing of a 2
declaration.3
(e) If the court finds the respondent in contempt, the court may 4
impose remedial sanctions designed to ensure swift compliance with 5
the order to surrender and prohibit weapons.6
(f) The court may order a respondent found in contempt of the 7
order to surrender and prohibit weapons to pay for any losses 8
incurred by a party in connection with the contempt proceeding, 9
including reasonable attorneys' fees, service fees, and other costs. 10
The costs of the proceeding shall not be borne by the petitioner.11
(8)(a) To help ensure that accurate and comprehensive information 12
about firearms compliance is provided to judicial officers, a 13
representative from either the prosecuting attorney's office or city 14
attorney's office, or both, from the relevant jurisdiction may appear 15
and be heard at any hearing that concerns compliance with an order to 16
surrender and prohibit weapons issued in connection with another type 17
of protection order.18
(b) Either the prosecuting attorney's office or city attorney's 19
office, or both, from the relevant jurisdiction may designate an 20
advocate or a staff person from their office who is not an attorney 21
to appear on behalf of their office. Such appearance does not 22
constitute the unauthorized practice of law.23
(9)(a) An order to surrender and prohibit weapons issued pursuant 24
to RCW 9.41.800 must state that the act of voluntarily surrendering 25
firearms or weapons, or providing testimony relating to the surrender 26
of firearms or weapons, pursuant to such an order, may not be used 27
against the respondent ((or defendant)) in any criminal prosecution 28
under this chapter, chapter ((9.41 [7.105])) 7.105 RCW, or RCW 29
9A.56.310.30
(b) To provide relevant information to the court to determine 31
compliance with the order, the court may allow the prosecuting 32
attorney or city attorney to question the respondent regarding 33
compliance.34
(10) All law enforcement agencies must have policies and 35
procedures to provide for the acceptance, storage, and return of 36
firearms, dangerous weapons, and concealed pistol licenses that a 37
court requires must be surrendered under RCW 9.41.800. A law 38
enforcement agency holding any firearm or concealed pistol license 39
that has been surrendered under RCW 9.41.800 shall comply with the 40
p. 77 SHB 1901.SL
provisions of RCW 9.41.340 and 9.41.345 before the return of the 1
firearm or concealed pistol license to the owner or individual from 2
whom it was obtained.3
(11) The administrative office of the courts shall create a 4
statewide pattern form to assist the courts in ensuring timely and 5
complete compliance in a consistent manner with orders issued under 6
this chapter. The administrative office of the courts shall report 7
annually on the number of orders issued under this chapter by each 8
court, the degree of compliance, and the number of firearms obtained, 9
and may make recommendations regarding additional procedures to 10
enhance compliance and victim safety.11
Sec. 31. RCW 42.56.240 and 2019 c 300 s 1 are each amended to 12
read as follows:13
The following investigative, law enforcement, and crime victim 14
information is exempt from public inspection and copying under this 15
chapter:16
(1) Specific intelligence information and specific investigative 17
records compiled by investigative, law enforcement, and penology 18
agencies, and state agencies vested with the responsibility to 19
discipline members of any profession, the nondisclosure of which is 20
essential to effective law enforcement or for the protection of any 21
person's right to privacy;22
(2) Information revealing the identity of persons who are 23
witnesses to or victims of crime or who file complaints with 24
investigative, law enforcement, or penology agencies, other than the 25
commission, if disclosure would endanger any person's life, physical 26
safety, or property. If at the time a complaint is filed the 27
complainant, victim, or witness indicates a desire for disclosure or 28
nondisclosure, such desire shall govern. However, all complaints 29
filed with the commission about any elected official or candidate for 30
public office must be made in writing and signed by the complainant 31
under oath;32
(3) Any records of investigative reports prepared by any state, 33
county, municipal, or other law enforcement agency pertaining to sex 34
offenses contained in chapter 9A.44 RCW or sexually violent offenses 35
as defined in RCW 71.09.020, which have been transferred to the 36
Washington association of sheriffs and police chiefs for permanent 37
electronic retention and retrieval pursuant to RCW 40.14.070(2)(b);38
p. 78 SHB 1901.SL
(4) License applications under RCW 9.41.070((;)), except that 1
copies of license applications or information on the applications may 2
be released to law enforcement or corrections agencies or to persons 3
and entities as authorized under RCW 9.41.815;4
(5) Information revealing the specific details that describe an 5
alleged or proven child victim of sexual assault under age eighteen, 6
or the identity or contact information of an alleged or proven child 7
victim of sexual assault who is under age eighteen. Identifying 8
information includes the child victim's name, addresses, location, 9
photograph, and in cases in which the child victim is a relative, 10
stepchild, or stepsibling of the alleged perpetrator, identification 11
of the relationship between the child and the alleged perpetrator. 12
Contact information includes phone numbers, email addresses, social 13
media profiles, and user names and passwords;14
(6) Information contained in a local or regionally maintained 15
gang database as well as the statewide gang database referenced in 16
RCW 43.43.762;17
(7) Data from the electronic sales tracking system established in 18
RCW 69.43.165;19
(8) Information submitted to the statewide unified sex offender 20
notification and registration program under RCW 36.28A.040(6) by a 21
person for the purpose of receiving notification regarding a 22
registered sex offender, including the person's name, residential 23
address, and email address;24
(9) Personally identifying information collected by law 25
enforcement agencies pursuant to local security alarm system programs 26
and vacation crime watch programs. Nothing in this subsection shall 27
be interpreted so as to prohibit the legal owner of a residence or 28
business from accessing information regarding his or her residence or 29
business;30
(10) The felony firearm offense conviction database of felony 31
firearm offenders established in RCW 43.43.822;32
(11) The identity of a state employee or officer who has in good 33
faith filed a complaint with an ethics board, as provided in RCW 34
42.52.410, or who has in good faith reported improper governmental 35
action, as defined in RCW 42.40.020, to the auditor or other public 36
official, as defined in RCW 42.40.020;37
(12) The following security threat group information collected 38
and maintained by the department of corrections pursuant to RCW 39
72.09.745: (a) Information that could lead to the identification of a 40
p. 79 SHB 1901.SL
person's security threat group status, affiliation, or activities; 1
(b) information that reveals specific security threats associated 2
with the operation and activities of security threat groups; and (c) 3
information that identifies the number of security threat group 4
members, affiliates, or associates;5
(13) The global positioning system data that would indicate the 6
location of the residence of an employee or worker of a criminal 7
justice agency as defined in RCW 10.97.030;8
(14) Body worn camera recordings to the extent nondisclosure is 9
essential for the protection of any person's right to privacy as 10
described in RCW 42.56.050, including, but not limited to, the 11
circumstances enumerated in (a) of this subsection. A law enforcement 12
or corrections agency shall not disclose a body worn camera recording 13
to the extent the recording is exempt under this subsection.14
(a) Disclosure of a body worn camera recording is presumed to be 15
highly offensive to a reasonable person under RCW 42.56.050 to the 16
extent it depicts:17
(i)(A) Any areas of a medical facility, counseling, or 18
therapeutic program office where:19
(I) A patient is registered to receive treatment, receiving 20
treatment, waiting for treatment, or being transported in the course 21
of treatment; or22
(II) Health care information is shared with patients, their 23
families, or among the care team; or24
(B) Information that meets the definition of protected health 25
information for purposes of the health insurance portability and 26
accountability act of 1996 or health care information for purposes of 27
chapter 70.02 RCW;28
(ii) The interior of a place of residence where a person has a 29
reasonable expectation of privacy;30
(iii) An intimate image;31
(iv) A minor;32
(v) The body of a deceased person;33
(vi) The identity of or communications from a victim or witness 34
of an incident involving domestic violence as defined in RCW 35
10.99.020 or sexual assault as defined in RCW 70.125.030, or 36
disclosure of intimate images as defined in RCW 9A.86.010. If at the 37
time of recording the victim or witness indicates a desire for 38
disclosure or nondisclosure of the recorded identity or 39
communications, such desire shall govern; or40
p. 80 SHB 1901.SL
(vii) The identifiable location information of a community-based 1
domestic violence program as defined in RCW 70.123.020, or emergency 2
shelter as defined in RCW 70.123.020.3
(b) The presumptions set out in (a) of this subsection may be 4
rebutted by specific evidence in individual cases.5
(c) In a court action seeking the right to inspect or copy a body 6
worn camera recording, a person who prevails against a law 7
enforcement or corrections agency that withholds or discloses all or 8
part of a body worn camera recording pursuant to (a) of this 9
subsection is not entitled to fees, costs, or awards pursuant to RCW 10
42.56.550 unless it is shown that the law enforcement or corrections 11
agency acted in bad faith or with gross negligence.12
(d) A request for body worn camera recordings must:13
(i) Specifically identify a name of a person or persons involved 14
in the incident;15
(ii) Provide the incident or case number;16
(iii) Provide the date, time, and location of the incident or 17
incidents; or18
(iv) Identify a law enforcement or corrections officer involved 19
in the incident or incidents.20
(e)(i) A person directly involved in an incident recorded by the 21
requested body worn camera recording, an attorney representing a 22
person directly involved in an incident recorded by the requested 23
body worn camera recording, a person or his or her attorney who 24
requests a body worn camera recording relevant to a criminal case 25
involving that person, or the executive director from either the 26
Washington state commission on African American affairs, Asian 27
Pacific American affairs, or Hispanic affairs, has the right to 28
obtain the body worn camera recording, subject to any exemption under 29
this chapter or any applicable law. In addition, an attorney who 30
represents a person regarding a potential or existing civil cause of 31
action involving the denial of civil rights under the federal or 32
state Constitution, or a violation of a United States department of 33
justice settlement agreement, has the right to obtain the body worn 34
camera recording if relevant to the cause of action, subject to any 35
exemption under this chapter or any applicable law. The attorney must 36
explain the relevancy of the requested body worn camera recording to 37
the cause of action and specify that he or she is seeking relief from 38
redaction costs under this subsection (14)(e).39
p. 81 SHB 1901.SL
(ii) A law enforcement or corrections agency responding to 1
requests under this subsection (14)(e) may not require the requesting 2
individual to pay costs of any redacting, altering, distorting, 3
pixelating, suppressing, or otherwise obscuring any portion of a body 4
worn camera recording.5
(iii) A law enforcement or corrections agency may require any 6
person requesting a body worn camera recording pursuant to this 7
subsection (14)(e) to identify himself or herself to ensure he or she 8
is a person entitled to obtain the body worn camera recording under 9
this subsection (14)(e).10
(f)(i) A law enforcement or corrections agency responding to a 11
request to disclose body worn camera recordings may require any 12
requester not listed in (e) of this subsection to pay the reasonable 13
costs of redacting, altering, distorting, pixelating, suppressing, or 14
otherwise obscuring any portion of the body worn camera recording 15
prior to disclosure only to the extent necessary to comply with the 16
exemptions in this chapter or any applicable law.17
(ii) An agency that charges redaction costs under this subsection 18
(14)(f) must use redaction technology that provides the least costly 19
commercially available method of redacting body worn camera 20
recordings, to the extent possible and reasonable.21
(iii) In any case where an agency charges a requestor for the 22
costs of redacting a body worn camera recording under this subsection 23
(14)(f), the time spent on redaction of the recording shall not count 24
towards the agency's allocation of, or limitation on, time or costs 25
spent responding to public records requests under this chapter, as 26
established pursuant to local ordinance, policy, procedure, or state 27
law.28
(g) For purposes of this subsection (14):29
(i) "Body worn camera recording" means a video and/or sound 30
recording that is made by a body worn camera attached to the uniform 31
or eyewear of a law enforcement or corrections officer while in the 32
course of his or her official duties; and33
(ii) "Intimate image" means an individual or individuals engaged 34
in sexual activity, including sexual intercourse as defined in RCW 35
9A.44.010 and masturbation, or an individual's intimate body parts, 36
whether nude or visible through less than opaque clothing, including 37
the genitals, pubic area, anus, or postpubescent female nipple.38
(h) Nothing in this subsection shall be construed to restrict 39
access to body worn camera recordings as otherwise permitted by law 40
p. 82 SHB 1901.SL
for official or recognized civilian and accountability bodies or 1
pursuant to any court order.2
(i) Nothing in this section is intended to modify the obligations 3
of prosecuting attorneys and law enforcement under Brady v. Maryland, 4
373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), Kyles v. 5
Whitley, 541 U.S. 419, 115 S. Ct. 1555, 131 L. Ed.2d 490 (1995), and 6
the relevant Washington court criminal rules and statutes.7
(j) A law enforcement or corrections agency must retain body worn 8
camera recordings for at least sixty days and thereafter may destroy 9
the records in accordance with the applicable records retention 10
schedule;11
(15) Any records and information contained within the statewide 12
sexual assault kit tracking system established in RCW 43.43.545;13
(16)(a) Survivor communications with, and survivor records 14
maintained by, campus-affiliated advocates.15
(b) Nothing in this subsection shall be construed to restrict 16
access to records maintained by a campus-affiliated advocate in the 17
event that:18
(i) The survivor consents to inspection or copying;19
(ii) There is a clear, imminent risk of serious physical injury 20
or death of the survivor or another person;21
(iii) Inspection or copying is required by federal law; or22
(iv) A court of competent jurisdiction mandates that the record 23
be available for inspection or copying.24
(c) "Campus-affiliated advocate" and "survivor" have the 25
definitions in RCW 28B.112.030;26
(17) Information and records prepared, owned, used, or retained 27
by the Washington association of sheriffs and police chiefs and 28
information and records prepared, owned, used, or retained by the 29
Washington state patrol pursuant to chapter 261, Laws of 2017; and30
(18) Any and all audio or video recordings of child forensic 31
interviews as defined in chapter 26.44 RCW. Such recordings are 32
confidential and may only be disclosed pursuant to a court order 33
entered upon a showing of good cause and with advance notice to the 34
child's parent, guardian, or legal custodian. However, if the child 35
is an emancipated minor or has attained the age of majority as 36
defined in RCW 26.28.010, advance notice must be to the child. 37
Failure to disclose an audio or video recording of a child forensic 38
interview as defined in chapter 26.44 RCW is not grounds for 39
penalties or other sanctions available under this chapter.40
p. 83 SHB 1901.SL
TECHNICAL AMENDMENTS1
Sec. 32. RCW 4.08.050 and 2021 c 215 s 89 are each amended to 2
read as follows:3
Except as provided under RCW 28A.225.035 and ((7.105.105)) 4
7.105.100, when an infant is a party he or she shall appear by 5
guardian, or if he or she has no guardian, or in the opinion of the 6
court the guardian is an improper person, the court shall appoint one 7
to act. Said guardian shall be appointed as follows:8
(1) When the infant is plaintiff, upon the application of the 9
infant, if he or she be of the age of fourteen years, or if under 10
that age, upon the application of a relative or friend of the infant.11
(2) When the infant is defendant, upon the application of the 12
infant, if he or she be of the age of fourteen years, and applies 13
within thirty days after the service of the summons; if he or she be 14
under the age of fourteen, or neglects to apply, then upon the 15
application of any other party to the action, or of a relative or 16
friend of the infant.17
Sec. 33. RCW 9.41.042 and 2020 c 18 s 6 are each amended to read 18
as follows:19
RCW 9.41.040(2)(a)(((vi))) (vii) shall not apply to any person 20
under the age of eighteen years who is:21
(1) In attendance at a hunter's safety course or a firearms 22
safety course;23
(2) Engaging in practice in the use of a firearm or target 24
shooting at an established range authorized by the governing body of 25
the jurisdiction in which such range is located or any other area 26
where the discharge of a firearm is not prohibited;27
(3) Engaging in an organized competition involving the use of a 28
firearm, or participating in or practicing for a performance by an 29
organized group that uses firearms as a part of the performance;30
(4) Hunting or trapping under a valid license issued to the 31
person under Title 77 RCW;32
(5) In an area where the discharge of a firearm is permitted, is 33
not trespassing, and the person either: (a) Is at least fourteen 34
years of age, has been issued a hunter safety certificate, and is 35
using a lawful firearm other than a pistol; or (b) is under the 36
supervision of a parent, guardian, or other adult approved for the 37
purpose by the parent or guardian;38
p. 84 SHB 1901.SL
(6) Traveling with any unloaded firearm in the person's 1
possession to or from any activity described in subsection (1), (2), 2
(3), (4), or (5) of this section;3
(7) On real property under the control of his or her parent, 4
other relative, or legal guardian and who has the permission of the 5
parent or legal guardian to possess a firearm;6
(8) At his or her residence and who, with the permission of his 7
or her parent or legal guardian, possesses a firearm for the purpose 8
of exercising the rights specified in RCW 9A.16.020(3); or9
(9) Is a member of the armed forces of the United States, 10
national guard, or organized reserves, when on duty.11
Sec. 34. RCW 12.04.140 and 2021 c 215 s 127 are each amended to 12
read as follows:13
Except as provided under RCW ((7.105.105)) 7.105.100, no action 14
shall be commenced by any person under the age of eighteen years, 15
except by his guardian, or until a next friend for such a person 16
shall have been appointed. Whenever requested, the justice shall 17
appoint some suitable person, who shall consent thereto in writing, 18
to be named by such plaintiff, to act as his or her next friend in 19
such action, who shall be responsible for the costs therein.20
Sec. 35. RCW 12.04.150 and 2021 c 215 s 128 are each amended to 21
read as follows:22
After service and return of process against a defendant under the 23
age of eighteen years, the action shall not be further prosecuted, 24
until a guardian for such defendant shall have been appointed, except 25
as provided under RCW ((7.105.105)) 7.105.100. Upon the request of 26
such defendant, the justice shall appoint some person who shall 27
consent thereto in writing, to be guardian of the defendant in 28
defense of the action; and if the defendant shall not appear on the 29
return day of the process, or if he or she neglect or refuse to 30
nominate such guardian, the justice may, at the request of the 31
plaintiff, appoint any discreet person as such guardian. The consent 32
of the guardian or next friend shall be filed with the justice; and 33
such guardian for the defendant shall not be liable for any costs in 34
the action.35
Sec. 36. RCW 13.40.0357 and 2021 c 311 s 16 are each amended to 36
read as follows:37
p. 85 SHB 1901.SL
1 DESCRIPTION AND OFFENSE CATEGORY
2
3
4
5
6
JUVENILE
DISPOSITION
OFFENSE
CATEGORY DESCRIPTION (RCW CITATION)
JUVENILE DISPOSITION
CATEGORY FOR
ATTEMPT, BAILJUMP,
CONSPIRACY, OR
SOLICITATION
7 Arson and Malicious Mischief
8 A Arson 1 (9A.48.020)B+
9 B Arson 2 (9A.48.030)C
10 C Reckless Burning 1 (9A.48.040)D
11 D Reckless Burning 2 (9A.48.050)E
12 B Malicious Mischief 1 (9A.48.070)C
13 C Malicious Mischief 2 (9A.48.080)D
14 D Malicious Mischief 3 (9A.48.090)E
15
16
E Tampering with Fire Alarm Apparatus
(9.40.100)
E
17
18
E Tampering with Fire Alarm Apparatus
with Intent to Commit Arson (9.40.105)
E
19
20
A Possession of Incendiary Device
(9.40.120)
B+
21
22
Assault and Other Crimes Involving
Physical Harm
23 A Assault 1 (9A.36.011)B+
24 B+Assault 2 (9A.36.021)C+
25 C+Assault 3 (9A.36.031)D+
26 D+Assault 4 (9A.36.041)E
27
28
B+Drive-By Shooting (9A.36.045)
committed at age 15 or under
C+
29
30
A++Drive-By Shooting (9A.36.045)
committed at age 16 or 17
A
31 D+Reckless Endangerment (9A.36.050)E
32 C+Promoting Suicide Attempt (9A.36.060)D+
33 D+Coercion (9A.36.070)E
34 C+Custodial Assault (9A.36.100)D+
35 Burglary and Trespass
p. 86 SHB 1901.SL
1
2
B+Burglary 1 (9A.52.020) committed at
age 15 or under
C+
3
4
A-Burglary 1 (9A.52.020) committed at
age 16 or 17
B+
5 B Residential Burglary (9A.52.025)C
6 B Burglary 2 (9A.52.030)C
7
8
D Burglary Tools (Possession of)
(9A.52.060)
E
9 D Criminal Trespass 1 (9A.52.070)E
10 E Criminal Trespass 2 (9A.52.080)E
11 C Mineral Trespass (78.44.330)C
12 C Vehicle Prowling 1 (9A.52.095)D
13 D Vehicle Prowling 2 (9A.52.100)E
14 Drugs
15
16
E Possession/Consumption of Alcohol
(66.44.270)
E
17
18
C Illegally Obtaining Legend Drug
(69.41.020)
D
19
20
C+Sale, Delivery, Possession of Legend
Drug with Intent to Sell (69.41.030(2)(a))
D+
21
22
E Possession of Legend
Drug (69.41.030(2)(b))
E
23
24
25
26
B+Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Sale (69.50.401(2) (a) or (b))
B+
27
28
29
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(2)(c))
C
30
31
E Possession of Marihuana <40 grams
(69.50.4014)
E
32
33
C Fraudulently Obtaining Controlled
Substance (69.50.403)
C
34
35
C+Sale of Controlled Substance for Profit
(69.50.410)
C+
36 E Unlawful Inhalation (9.47A.020)E
p. 87 SHB 1901.SL
1
2
3
4
5
B Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Counterfeit Substances (69.50.4011(2)
(a) or (b))
B
6
7
8
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Counterfeit
Substances (69.50.4011(2) (c), (d), or (e))
C
9
10
11
E Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance (69.50.4013)
E
12
13
14
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance (69.50.4012)
C
15 Firearms and Weapons
16 B Theft of Firearm (9A.56.300)C
17
18
B Possession of Stolen Firearm
(9A.56.310)
C
19
20
E Carrying Loaded Pistol Without Permit
(9.41.050)
E
21
22
C Possession of Firearms by Minor (<18)
(9.41.040(2)(a)(((vi))) (vii))
C
23
24
D+Possession of Dangerous Weapon
(9.41.250)
E
25
26
D Intimidating Another Person by use of
Weapon (9.41.270)
E
27 Homicide
28 A+Murder 1 (9A.32.030)A
29 A+Murder 2 (9A.32.050)B+
30 B+Manslaughter 1 (9A.32.060)C+
31 C+Manslaughter 2 (9A.32.070)D+
32 B+Vehicular Homicide (46.61.520)C+
33 Kidnapping
34 A Kidnap 1 (9A.40.020)B+
35 B+Kidnap 2 (9A.40.030)C+
36 C+Unlawful Imprisonment (9A.40.040)D+
37 Obstructing Governmental Operation
p. 88 SHB 1901.SL
1
2
D Obstructing a Law Enforcement Officer
(9A.76.020)
E
3 E Resisting Arrest (9A.76.040)E
4 B Introducing Contraband 1 (9A.76.140)C
5 C Introducing Contraband 2 (9A.76.150)D
6 E Introducing Contraband 3 (9A.76.160)E
7
8
B+Intimidating a Public Servant
(9A.76.180)
C+
9 B+Intimidating a Witness (9A.72.110)C+
10 Public Disturbance
11
12
C+Criminal Mischief with Weapon
(9A.84.010(2)(b))
D+
13
14
D+Criminal Mischief Without Weapon
(9A.84.010(2)(a))
E
15 E Failure to Disperse (9A.84.020)E
16 E Disorderly Conduct (9A.84.030)E
17 Sex Crimes
18 A Rape 1 (9A.44.040)B+
19
20
B++Rape 2 (9A.44.050) committed at age 14
or under
B+
21
22
A-Rape 2 (9A.44.050) committed at age 15
through age 17
B+
23 C+Rape 3 (9A.44.060)D+
24
25
B++Rape of a Child 1 (9A.44.073)
committed at age 14 or under
B+
26
27
A-Rape of a Child 1 (9A.44.073)
committed at age 15
B+
28 B+Rape of a Child 2 (9A.44.076)C+
29 B Incest 1 (9A.64.020(1))C
30 C Incest 2 (9A.64.020(2))D
31
32
D+Indecent Exposure (Victim <14)
(9A.88.010)
E
33
34
E Indecent Exposure (Victim 14 or over)
(9A.88.010)
E
35 B+Promoting Prostitution 1 (9A.88.070)C+
36 C+Promoting Prostitution 2 (9A.88.080)D+
p. 89 SHB 1901.SL
1 E O & A (Prostitution) (9A.88.030)E
2 B+Indecent Liberties (9A.44.100)C+
3
4
B++Child Molestation 1 (9A.44.083)
committed at age 14 or under
B+
5
6
A-Child Molestation 1 (9A.44.083)
committed at age 15 through age 17
B+
7 B Child Molestation 2 (9A.44.086)C+
8
9
C Failure to Register as a Sex Offender
(9A.44.132)
D
10
11
Theft, Robbery, Extortion, and
Forgery
12 B Theft 1 (9A.56.030)C
13 C Theft 2 (9A.56.040)D
14 D Theft 3 (9A.56.050)E
15
16
B Theft of Livestock 1 and 2 (9A.56.080
and 9A.56.083)
C
17 C Forgery (9A.60.020)D
18
19
A Robbery 1 (9A.56.200) committed at
age 15 or under
B+
20
21
A++Robbery 1 (9A.56.200) committed at
age 16 or 17
A
22 B+Robbery 2 (9A.56.210)C+
23 B+Extortion 1 (9A.56.120)C+
24 C+Extortion 2 (9A.56.130)D+
25 C Identity Theft 1 (9.35.020(2))D
26 D Identity Theft 2 (9.35.020(3))E
27
28
D Improperly Obtaining Financial
Information (9.35.010)
E
29
30
B Possession of a Stolen Vehicle
(9A.56.068)
C
31
32
B Possession of Stolen Property 1
(9A.56.150)
C
33
34
C Possession of Stolen Property 2
(9A.56.160)
D
35
36
D Possession of Stolen Property 3
(9A.56.170)
E
p. 90 SHB 1901.SL
1
2
B Taking Motor Vehicle Without
Permission 1 (9A.56.070)
C
3
4
C Taking Motor Vehicle Without
Permission 2 (9A.56.075)
D
5 B Theft of a Motor Vehicle (9A.56.065)C
6 Motor Vehicle Related Crimes
7 E Driving Without a License (46.20.005)E
8 B+Hit and Run - Death (46.52.020(4)(a))C+
9 C Hit and Run - Injury (46.52.020(4)(b))D
10 D Hit and Run-Attended (46.52.020(5))E
11 E Hit and Run-Unattended (46.52.010)E
12 C Vehicular Assault (46.61.522)D
13
14
C Attempting to Elude Pursuing Police
Vehicle (46.61.024)
D
15 E Reckless Driving (46.61.500)E
16
17
D Driving While Under the Influence
(46.61.502 and 46.61.504)
E
18
19
B+Felony Driving While Under the
Influence (46.61.502(6))
B
20
21
B+Felony Physical Control of a Vehicle
While Under the Influence (46.61.504(6))
B
22 Other
23 B Animal Cruelty 1 (16.52.205)C
24 B Bomb Threat (9.61.160)C
25 C Escape 11 (9A.76.110)C
26 C Escape 21 (9A.76.120)C
27 D Escape 3 (9A.76.130)E
28
29
E Obscene, Harassing, Etc., Phone Calls
(9.61.230)
E
30
31
A Other Offense Equivalent to an Adult
Class A Felony
B+
32
33
B Other Offense Equivalent to an Adult
Class B Felony
C
34
35
C Other Offense Equivalent to an Adult
Class C Felony
D
p. 91 SHB 1901.SL
1
2
D Other Offense Equivalent to an Adult
Gross Misdemeanor
E
3
4
E Other Offense Equivalent to an Adult
Misdemeanor
E
5
6
7
V Violation of Order of Restitution,
Community Supervision, or Confinement
(13.40.200)2
V
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses 8
and the standard range is established as follows:9
1st escape or attempted escape during 12-month period - 28 days 10
confinement11
2nd escape or attempted escape during 12-month period - 8 weeks 12
confinement13
3rd and subsequent escape or attempted escape during 12-month 14
period - 12 weeks confinement15
2If the court finds that a respondent has violated terms of an order, 16
it may impose a penalty of up to 30 days of confinement.17
JUVENILE SENTENCING STANDARDS18
This schedule must be used for juvenile offenders. The court may 19
select sentencing option A, B, C, or D.20
21
22
23
OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
24 A++129 to 260 weeks for all category A++ offenses
25 A+180 weeks to age 21 for all category A+ offenses
26 A 103-129 weeks for all category A offenses
27 A-30-40 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks
28 B++15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks
29 CURRENT B+15-36 weeks 15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks
30 OFFENSE B LS LS 15-36 weeks 15-36 weeks 52-65 weeks
31 CATEGORY C+LS LS LS 15-36 weeks 15-36 weeks
32 C LS LS LS LS 15-36 weeks
33 D+LS LS LS LS LS
p. 92 SHB 1901.SL
1 D LS LS LS LS LS
2 E LS LS LS LS LS
3 PRIOR 0 1 2 3 4 or more
4 ADJUDICATIONS
NOTE: References in the grid to days or weeks mean periods of 5
confinement. "LS" means "local sanctions" as defined in RCW 6
13.40.020.7
(1) The vertical axis of the grid is the current offense 8
category. The current offense category is determined by the offense 9
of adjudication.10
(2) The horizontal axis of the grid is the number of prior 11
adjudications included in the juvenile's criminal history. Each prior 12
felony adjudication shall count as one point. Each prior violation, 13
misdemeanor, and gross misdemeanor adjudication shall count as 1/4 14
point. Fractional points shall be rounded down.15
(3) The standard range disposition for each offense is determined 16
by the intersection of the column defined by the prior adjudications 17
and the row defined by the current offense category.18
(4) RCW 13.40.180 applies if the offender is being sentenced for 19
more than one offense.20
(5) A current offense that is a violation is equivalent to an 21
offense category of E. However, a disposition for a violation shall 22
not include confinement.23
OR24
OPTION B25
SUSPENDED DISPOSITION ALTERNATIVE26
(1) If the offender is subject to a standard range disposition 27
involving confinement by the department, the court may impose the 28
standard range and suspend the disposition on condition that the 29
offender comply with one or more local sanctions and any educational 30
or treatment requirement. The treatment programs provided to the 31
offender must be either research-based best practice programs as 32
identified by the Washington state institute for public policy or the 33
joint legislative audit and review committee, or for chemical 34
dependency treatment programs or services, they must be evidence-35
based or research-based best practice programs. For the purposes of 36
this subsection:37
p. 93 SHB 1901.SL
(a) "Evidence-based" means a program or practice that has had 1
multiple site random controlled trials across heterogeneous 2
populations demonstrating that the program or practice is effective 3
for the population; and4
(b) "Research-based" means a program or practice that has some 5
research demonstrating effectiveness, but that does not yet meet the 6
standard of evidence-based practices.7
(2) If the offender fails to comply with the suspended 8
disposition, the court may impose sanctions pursuant to RCW 13.40.200 9
or may revoke the suspended disposition and order the disposition's 10
execution.11
(3) An offender is ineligible for the suspended disposition 12
option under this section if the offender:13
(a) Is adjudicated of an A+ or A++ offense;14
(b) Is fourteen years of age or older and is adjudicated of one 15
or more of the following offenses:16
(i) A class A offense, or an attempt, conspiracy, or solicitation 17
to commit a class A offense;18
(ii) Manslaughter in the first degree (RCW 9A.32.060);19
(iii) Assault in the second degree (RCW 9A.36.021), extortion in 20
the first degree (RCW 9A.56.120), kidnapping in the second degree 21
(RCW 9A.40.030), drive-by shooting (RCW 9A.36.045), vehicular 22
homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), or 23
manslaughter 2 (RCW 9A.32.070); or24
(iv) Violation of the uniform controlled substances act (RCW 25
69.50.401(2) (a) and (b)), when the offense includes infliction of 26
bodily harm upon another or when during the commission or immediate 27
withdrawal from the offense the respondent was armed with a deadly 28
weapon;29
(c) Is ordered to serve a disposition for a firearm violation 30
under RCW 13.40.193;31
(d) Is adjudicated of a sex offense as defined in RCW 9.94A.030; 32
or33
(e) Has a prior option B disposition.34
OR35
OPTION C36
CHEMICAL DEPENDENCY/MENTAL HEALTH DISPOSITION ALTERNATIVE37
If the juvenile offender is subject to a standard range 38
disposition of local sanctions or 15 to 36 weeks of confinement and 39
p. 94 SHB 1901.SL
has not committed a B++ or B+ offense, the court may impose a 1
disposition under RCW 13.40.160(4) and 13.40.165.2
OR3
OPTION D4
MANIFEST INJUSTICE5
If the court determines that a disposition under option A, B, or C 6
would effectuate a manifest injustice, the court shall impose a 7
disposition outside the standard range under RCW 13.40.160(2).8
Sec. 37. RCW 13.40.0357 and 2020 c 18 s 8 are each amended to 9
read as follows:10
11 DESCRIPTION AND OFFENSE CATEGORY
12
13
14
15
16
JUVENILE
DISPOSITION
OFFENSE
CATEGORY DESCRIPTION (RCW CITATION)
JUVENILE DISPOSITION
CATEGORY FOR
ATTEMPT, BAILJUMP,
CONSPIRACY, OR
SOLICITATION
17 Arson and Malicious Mischief
18 A Arson 1 (9A.48.020)B+
19 B Arson 2 (9A.48.030)C
20 C Reckless Burning 1 (9A.48.040)D
21 D Reckless Burning 2 (9A.48.050)E
22 B Malicious Mischief 1 (9A.48.070)C
23 C Malicious Mischief 2 (9A.48.080)D
24 D Malicious Mischief 3 (9A.48.090)E
25
26
E Tampering with Fire Alarm Apparatus
(9.40.100)
E
27
28
E Tampering with Fire Alarm Apparatus
with Intent to Commit Arson (9.40.105)
E
29
30
A Possession of Incendiary Device
(9.40.120)
B+
31
32
Assault and Other Crimes Involving
Physical Harm
33 A Assault 1 (9A.36.011)B+
34 B+Assault 2 (9A.36.021)C+
35 C+Assault 3 (9A.36.031)D+
p. 95 SHB 1901.SL
1 D+Assault 4 (9A.36.041)E
2
3
B+Drive-By Shooting (9A.36.045)
committed at age 15 or under
C+
4
5
A++Drive-By Shooting (9A.36.045)
committed at age 16 or 17
A
6 D+Reckless Endangerment (9A.36.050)E
7 C+Promoting Suicide Attempt (9A.36.060)D+
8 D+Coercion (9A.36.070)E
9 C+Custodial Assault (9A.36.100)D+
10 Burglary and Trespass
11
12
B+Burglary 1 (9A.52.020) committed at
age 15 or under
C+
13
14
A-Burglary 1 (9A.52.020) committed at
age 16 or 17
B+
15 B Residential Burglary (9A.52.025)C
16 B Burglary 2 (9A.52.030)C
17
18
D Burglary Tools (Possession of)
(9A.52.060)
E
19 D Criminal Trespass 1 (9A.52.070)E
20 E Criminal Trespass 2 (9A.52.080)E
21 C Mineral Trespass (78.44.330)C
22 C Vehicle Prowling 1 (9A.52.095)D
23 D Vehicle Prowling 2 (9A.52.100)E
24 Drugs
25
26
E Possession/Consumption of Alcohol
(66.44.270)
E
27
28
C Illegally Obtaining Legend Drug
(69.41.020)
D
29
30
C+Sale, Delivery, Possession of Legend
Drug with Intent to Sell (69.41.030(2)(a))
D+
31
32
E Possession of Legend
Drug (69.41.030(2)(b))
E
33
34
35
36
B+Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Sale (69.50.401(2) (a) or (b))
B+
p. 96 SHB 1901.SL
1
2
3
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(2)(c))
C
4
5
E Possession of Marihuana <40 grams
(69.50.4014)
E
6
7
C Fraudulently Obtaining Controlled
Substance (69.50.403)
C
8
9
C+Sale of Controlled Substance for Profit
(69.50.410)
C+
10 E Unlawful Inhalation (9.47A.020)E
11
12
13
14
15
B Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Counterfeit Substances (69.50.4011(2)
(a) or (b))
B
16
17
18
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Counterfeit
Substances (69.50.4011(2) (c), (d), or (e))
C
19
20
21
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance (69.50.4013)
C
22
23
24
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance (69.50.4012)
C
25 Firearms and Weapons
26 B Theft of Firearm (9A.56.300)C
27
28
B Possession of Stolen Firearm
(9A.56.310)
C
29
30
E Carrying Loaded Pistol Without Permit
(9.41.050)
E
31
32
C Possession of Firearms by Minor (<18)
(9.41.040(2)(a)(((vi))) (vii))
C
33
34
D+Possession of Dangerous Weapon
(9.41.250)
E
35
36
D Intimidating Another Person by use of
Weapon (9.41.270)
E
37 Homicide
p. 97 SHB 1901.SL
1 A+Murder 1 (9A.32.030)A
2 A+Murder 2 (9A.32.050)B+
3 B+Manslaughter 1 (9A.32.060)C+
4 C+Manslaughter 2 (9A.32.070)D+
5 B+Vehicular Homicide (46.61.520)C+
6 Kidnapping
7 A Kidnap 1 (9A.40.020)B+
8 B+Kidnap 2 (9A.40.030)C+
9 C+Unlawful Imprisonment (9A.40.040)D+
10 Obstructing Governmental Operation
11
12
D Obstructing a Law Enforcement Officer
(9A.76.020)
E
13 E Resisting Arrest (9A.76.040)E
14 B Introducing Contraband 1 (9A.76.140)C
15 C Introducing Contraband 2 (9A.76.150)D
16 E Introducing Contraband 3 (9A.76.160)E
17
18
B+Intimidating a Public Servant
(9A.76.180)
C+
19 B+Intimidating a Witness (9A.72.110)C+
20 Public Disturbance
21
22
C+Criminal Mischief with Weapon
(9A.84.010(2)(b))
D+
23
24
D+Criminal Mischief Without Weapon
(9A.84.010(2)(a))
E
25 E Failure to Disperse (9A.84.020)E
26 E Disorderly Conduct (9A.84.030)E
27 Sex Crimes
28 A Rape 1 (9A.44.040)B+
29
30
B++Rape 2 (9A.44.050) committed at age 14
or under
B+
31
32
A-Rape 2 (9A.44.050) committed at age 15
through age 17
B+
33 C+Rape 3 (9A.44.060)D+
34
35
B++Rape of a Child 1 (9A.44.073)
committed at age 14 or under
B+
p. 98 SHB 1901.SL
1
2
A-Rape of a Child 1 (9A.44.073)
committed at age 15
B+
3 B+Rape of a Child 2 (9A.44.076)C+
4 B Incest 1 (9A.64.020(1))C
5 C Incest 2 (9A.64.020(2))D
6
7
D+Indecent Exposure (Victim <14)
(9A.88.010)
E
8
9
E Indecent Exposure (Victim 14 or over)
(9A.88.010)
E
10 B+Promoting Prostitution 1 (9A.88.070)C+
11 C+Promoting Prostitution 2 (9A.88.080)D+
12 E O & A (Prostitution) (9A.88.030)E
13 B+Indecent Liberties (9A.44.100)C+
14
15
B++Child Molestation 1 (9A.44.083)
committed at age 14 or under
B+
16
17
A-Child Molestation 1 (9A.44.083)
committed at age 15 through age 17
B+
18 B Child Molestation 2 (9A.44.086)C+
19
20
C Failure to Register as a Sex Offender
(9A.44.132)
D
21
22
Theft, Robbery, Extortion, and
Forgery
23 B Theft 1 (9A.56.030)C
24 C Theft 2 (9A.56.040)D
25 D Theft 3 (9A.56.050)E
26
27
B Theft of Livestock 1 and 2 (9A.56.080
and 9A.56.083)
C
28 C Forgery (9A.60.020)D
29
30
A Robbery 1 (9A.56.200) committed at
age 15 or under
B+
31
32
A++Robbery 1 (9A.56.200) committed at
age 16 or 17
A
33 B+Robbery 2 (9A.56.210)C+
34 B+Extortion 1 (9A.56.120)C+
35 C+Extortion 2 (9A.56.130)D+
36 C Identity Theft 1 (9.35.020(2))D
p. 99 SHB 1901.SL
1 D Identity Theft 2 (9.35.020(3))E
2
3
D Improperly Obtaining Financial
Information (9.35.010)
E
4
5
B Possession of a Stolen Vehicle
(9A.56.068)
C
6
7
B Possession of Stolen Property 1
(9A.56.150)
C
8
9
C Possession of Stolen Property 2
(9A.56.160)
D
10
11
D Possession of Stolen Property 3
(9A.56.170)
E
12
13
B Taking Motor Vehicle Without
Permission 1 (9A.56.070)
C
14
15
C Taking Motor Vehicle Without
Permission 2 (9A.56.075)
D
16 B Theft of a Motor Vehicle (9A.56.065)C
17 Motor Vehicle Related Crimes
18 E Driving Without a License (46.20.005)E
19 B+Hit and Run - Death (46.52.020(4)(a))C+
20 C Hit and Run - Injury (46.52.020(4)(b))D
21 D Hit and Run-Attended (46.52.020(5))E
22 E Hit and Run-Unattended (46.52.010)E
23 C Vehicular Assault (46.61.522)D
24
25
C Attempting to Elude Pursuing Police
Vehicle (46.61.024)
D
26 E Reckless Driving (46.61.500)E
27
28
D Driving While Under the Influence
(46.61.502 and 46.61.504)
E
29
30
B+Felony Driving While Under the
Influence (46.61.502(6))
B
31
32
B+Felony Physical Control of a Vehicle
While Under the Influence (46.61.504(6))
B
33 Other
34 B Animal Cruelty 1 (16.52.205)C
35 B Bomb Threat (9.61.160)C
36 C Escape 11 (9A.76.110)C
p. 100 SHB 1901.SL
1 C Escape 21 (9A.76.120)C
2 D Escape 3 (9A.76.130)E
3
4
E Obscene, Harassing, Etc., Phone Calls
(9.61.230)
E
5
6
A Other Offense Equivalent to an Adult
Class A Felony
B+
7
8
B Other Offense Equivalent to an Adult
Class B Felony
C
9
10
C Other Offense Equivalent to an Adult
Class C Felony
D
11
12
D Other Offense Equivalent to an Adult
Gross Misdemeanor
E
13
14
E Other Offense Equivalent to an Adult
Misdemeanor
E
15
16
17
V Violation of Order of Restitution,
Community Supervision, or Confinement
(13.40.200)2
V
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses 18
and the standard range is established as follows:19
1st escape or attempted escape during 12-month period - 28 days 20
confinement21
2nd escape or attempted escape during 12-month period - 8 weeks 22
confinement23
3rd and subsequent escape or attempted escape during 12-month 24
period - 12 weeks confinement25
2If the court finds that a respondent has violated terms of an order, 26
it may impose a penalty of up to 30 days of confinement.27
JUVENILE SENTENCING STANDARDS28
This schedule must be used for juvenile offenders. The court may 29
select sentencing option A, B, C, or D.30
31
32
33
OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
34 A++129 to 260 weeks for all category A++ offenses
35 A+180 weeks to age 21 for all category A+ offenses
p. 101 SHB 1901.SL
1 A 103-129 weeks for all category A offenses
2 A-30-40 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks
3 B++15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks
4 CURRENT B+15-36 weeks 15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks
5 OFFENSE B LS LS 15-36 weeks 15-36 weeks 52-65 weeks
6 CATEGORY C+LS LS LS 15-36 weeks 15-36 weeks
7 C LS LS LS LS 15-36 weeks
8 D+LS LS LS LS LS
9 D LS LS LS LS LS
10 E LS LS LS LS LS
11 PRIOR 0 1 2 3 4 or more
12 ADJUDICATIONS
NOTE: References in the grid to days or weeks mean periods of 13
confinement. "LS" means "local sanctions" as defined in RCW 14
13.40.020.15
(1) The vertical axis of the grid is the current offense 16
category. The current offense category is determined by the offense 17
of adjudication.18
(2) The horizontal axis of the grid is the number of prior 19
adjudications included in the juvenile's criminal history. Each prior 20
felony adjudication shall count as one point. Each prior violation, 21
misdemeanor, and gross misdemeanor adjudication shall count as 1/4 22
point. Fractional points shall be rounded down.23
(3) The standard range disposition for each offense is determined 24
by the intersection of the column defined by the prior adjudications 25
and the row defined by the current offense category.26
(4) RCW 13.40.180 applies if the offender is being sentenced for 27
more than one offense.28
(5) A current offense that is a violation is equivalent to an 29
offense category of E. However, a disposition for a violation shall 30
not include confinement.31
OR32
OPTION B33
SUSPENDED DISPOSITION ALTERNATIVE34
p. 102 SHB 1901.SL
(1) If the offender is subject to a standard range disposition 1
involving confinement by the department, the court may impose the 2
standard range and suspend the disposition on condition that the 3
offender comply with one or more local sanctions and any educational 4
or treatment requirement. The treatment programs provided to the 5
offender must be either research-based best practice programs as 6
identified by the Washington state institute for public policy or the 7
joint legislative audit and review committee, or for chemical 8
dependency treatment programs or services, they must be evidence-9
based or research-based best practice programs. For the purposes of 10
this subsection:11
(a) "Evidence-based" means a program or practice that has had 12
multiple site random controlled trials across heterogeneous 13
populations demonstrating that the program or practice is effective 14
for the population; and15
(b) "Research-based" means a program or practice that has some 16
research demonstrating effectiveness, but that does not yet meet the 17
standard of evidence-based practices.18
(2) If the offender fails to comply with the suspended 19
disposition, the court may impose sanctions pursuant to RCW 13.40.200 20
or may revoke the suspended disposition and order the disposition's 21
execution.22
(3) An offender is ineligible for the suspended disposition 23
option under this section if the offender:24
(a) Is adjudicated of an A+ or A++ offense;25
(b) Is fourteen years of age or older and is adjudicated of one 26
or more of the following offenses:27
(i) A class A offense, or an attempt, conspiracy, or solicitation 28
to commit a class A offense;29
(ii) Manslaughter in the first degree (RCW 9A.32.060);30
(iii) Assault in the second degree (RCW 9A.36.021), extortion in 31
the first degree (RCW 9A.56.120), kidnapping in the second degree 32
(RCW 9A.40.030), drive-by shooting (RCW 9A.36.045), vehicular 33
homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), or 34
manslaughter 2 (RCW 9A.32.070); or35
(iv) Violation of the uniform controlled substances act (RCW 36
69.50.401(2) (a) and (b)), when the offense includes infliction of 37
bodily harm upon another or when during the commission or immediate 38
p. 103 SHB 1901.SL
withdrawal from the offense the respondent was armed with a deadly 1
weapon;2
(c) Is ordered to serve a disposition for a firearm violation 3
under RCW 13.40.193;4
(d) Is adjudicated of a sex offense as defined in RCW 9.94A.030; 5
or6
(e) Has a prior option B disposition.7
OR8
OPTION C9
CHEMICAL DEPENDENCY/MENTAL HEALTH DISPOSITION ALTERNATIVE10
If the juvenile offender is subject to a standard range 11
disposition of local sanctions or 15 to 36 weeks of confinement and 12
has not committed a B++ or B+ offense, the court may impose a 13
disposition under RCW 13.40.160(4) and 13.40.165.14
OR15
OPTION D16
MANIFEST INJUSTICE17
If the court determines that a disposition under option A, B, or C 18
would effectuate a manifest injustice, the court shall impose a 19
disposition outside the standard range under RCW 13.40.160(2).20
Sec. 38. RCW 13.40.160 and 2020 c 18 s 9 are each amended to 21
read as follows:22
(1) The standard range disposition for a juvenile adjudicated of 23
an offense is determined according to RCW 13.40.0357.24
(a) When the court sentences an offender to a local sanction as 25
provided in RCW 13.40.0357 option A, the court shall impose a 26
determinate disposition within the standard ranges, except as 27
provided in subsection (2), (3), (4), (5), or (6) of this section. 28
The disposition may be comprised of one or more local sanctions.29
(b) When the court sentences an offender to a standard range as 30
provided in RCW 13.40.0357 option A that includes a term of 31
confinement exceeding thirty days, commitment shall be to the 32
department for the standard range of confinement, except as provided 33
in subsection (2), (3), (4), (5), or (6) of this section.34
(2) If the court concludes, and enters reasons for its 35
conclusion, that disposition within the standard range would 36
effectuate a manifest injustice the court shall impose a disposition 37
p. 104 SHB 1901.SL
outside the standard range, as indicated in option D of RCW 1
13.40.0357. The court's finding of manifest injustice shall be 2
supported by clear and convincing evidence.3
A disposition outside the standard range shall be determinate and 4
shall be comprised of confinement or community supervision, or a 5
combination thereof. When a judge finds a manifest injustice and 6
imposes a sentence of confinement exceeding thirty days, the court 7
shall sentence the juvenile to a maximum term, and the provisions of 8
RCW 13.40.030(2) shall be used to determine the range. A disposition 9
outside the standard range is appealable under RCW 13.40.230 by the 10
state or the respondent. A disposition within the standard range is 11
not appealable under RCW 13.40.230.12
(3) If a juvenile offender is found to have committed a sex 13
offense, other than a sex offense that is also a serious violent 14
offense as defined by RCW 9.94A.030, and has no history of a prior 15
sex offense, the court may impose the special sex offender 16
disposition alternative under RCW 13.40.162.17
(4) If the juvenile offender is subject to a standard range 18
disposition of local sanctions or 15 to 36 weeks of confinement and 19
has not committed an A- or B+ offense, the court may impose the 20
disposition alternative under RCW 13.40.165.21
(5) If a juvenile is subject to a commitment of 15 to 65 weeks of 22
confinement, the court may impose the disposition alternative under 23
RCW 13.40.167.24
(6) When the offender is subject to a standard range commitment 25
of 15 to 36 weeks and is ineligible for a suspended disposition 26
alternative, a manifest injustice disposition below the standard 27
range, special sex offender disposition alternative, chemical 28
dependency disposition alternative, or mental health disposition 29
alternative, the court in a county with a pilot program under RCW 30
13.40.169 may impose the disposition alternative under RCW 13.40.169.31
(7) RCW 13.40.193 shall govern the disposition of any juvenile 32
adjudicated of possessing a firearm in violation of RCW 33
9.41.040(2)(a)(((vi))) (vii) or any crime in which a special finding 34
is entered that the juvenile was armed with a firearm.35
(8) RCW 13.40.308 shall govern the disposition of any juvenile 36
adjudicated of theft of a motor vehicle as defined under RCW 37
9A.56.065, possession of a stolen motor vehicle as defined under RCW 38
9A.56.068, taking a motor vehicle without permission in the first 39
p. 105 SHB 1901.SL
degree under RCW 9A.56.070, and taking a motor vehicle without 1
permission in the second degree under RCW 9A.56.075.2
(9) Whenever a juvenile offender is entitled to credit for time 3
spent in detention prior to a dispositional order, the dispositional 4
order shall specifically state the number of days of credit for time 5
served.6
(10) Except as provided under subsection (3), (4), (5), or (6) of 7
this section, or option B of RCW 13.40.0357, or RCW 13.40.127, the 8
court shall not suspend or defer the imposition or the execution of 9
the disposition.10
(11) In no case shall the term of confinement imposed by the 11
court at disposition exceed that to which an adult could be subjected 12
for the same offense.13
Sec. 39. RCW 13.40.193 and 2020 c 18 s 10 are each amended to 14
read as follows:15
(1) If a respondent is found to have been in possession of a 16
firearm in violation of RCW 9.41.040(2)(a)(((vi))) (vii), the court 17
shall impose a minimum disposition of ten days of confinement. If the 18
offender's standard range of disposition for the offense as indicated 19
in RCW 13.40.0357 is more than thirty days of confinement, the court 20
shall commit the offender to the department for the standard range 21
disposition. The offender shall not be released until the offender 22
has served a minimum of ten days in confinement.23
(2)(a) If a respondent is found to have been in possession of a 24
firearm in violation of RCW 9.41.040, the disposition must include a 25
requirement that the respondent participate in a qualifying program 26
as described in (b) of this subsection, when available, unless the 27
court makes a written finding based on the outcome of the juvenile 28
court risk assessment that participation in a qualifying program 29
would not be appropriate.30
(b) For purposes of this section, "qualifying program" means an 31
aggression replacement training program, a functional family therapy 32
program, or another program applicable to the juvenile firearm 33
offender population that has been identified as evidence-based or 34
research-based and cost-beneficial in the current list prepared at 35
the direction of the legislature by the Washington state institute 36
for public policy.37
(3) If the court finds that the respondent or an accomplice was 38
armed with a firearm, the court shall determine the standard range 39
p. 106 SHB 1901.SL
disposition for the offense pursuant to RCW 13.40.160. If the 1
offender or an accomplice was armed with a firearm when the offender 2
committed any felony other than possession of a machine gun or bump-3
fire stock, possession of a stolen firearm, drive-by shooting, theft 4
of a firearm, unlawful possession of a firearm in the first and 5
second degree, or use of a machine gun or bump-fire stock in a 6
felony, the following periods of total confinement must be added to 7
the sentence: (a) Except for (b) of this subsection, for a class A 8
felony, six months; for a class B felony, four months; and for a 9
class C felony, two months; (b) for any violent offense as defined in 10
RCW 9.94A.030, committed by a respondent who is sixteen or seventeen 11
years old at the time of the offense, a period of twelve months. The 12
additional time shall be imposed regardless of the offense's juvenile 13
disposition offense category as designated in RCW 13.40.0357.14
(4)(a) If the court finds that the respondent who is sixteen or 15
seventeen years old and committed the offense of robbery in the first 16
degree, drive-by shooting, rape of a child in the first degree, 17
burglary in the first degree, or any violent offense as defined in 18
RCW 9.94A.030 and was armed with a firearm, and the court finds that 19
the respondent's participation was related to membership in a 20
criminal street gang or advancing the benefit, aggrandizement, gain, 21
profit, or other advantage for a criminal street gang, a period of 22
three months total confinement must be added to the sentence. The 23
additional time must be imposed regardless of the offense's juvenile 24
disposition offense category as designated in RCW 13.40.0357 and must 25
be served consecutively with any other sentencing enhancement.26
(b) For the purposes of this section, "criminal street gang" 27
means any ongoing organization, association, or group of three or 28
more persons, whether formal or informal, having a common name or 29
common identifying sign or symbol, having as one of its primary 30
activities the commission of criminal acts, and whose members or 31
associates individually or collectively engage in or have engaged in 32
a pattern of criminal street gang activity. This definition does not 33
apply to employees engaged in concerted activities for their mutual 34
aid and protection, or to the activities of labor and bona fide 35
nonprofit organizations or their members or agents.36
(5) When a disposition under this section would effectuate a 37
manifest injustice, the court may impose another disposition. When a 38
judge finds a manifest injustice and imposes a disposition of 39
confinement exceeding thirty days, the court shall commit the 40
p. 107 SHB 1901.SL
juvenile to a maximum term, and the provisions of RCW 13.40.030(2) 1
shall be used to determine the range. When a judge finds a manifest 2
injustice and imposes a disposition of confinement less than thirty 3
days, the disposition shall be comprised of confinement or community 4
supervision or both.5
(6) Any term of confinement ordered pursuant to this section 6
shall run consecutively to any term of confinement imposed in the 7
same disposition for other offenses.8
Sec. 40. RCW 13.40.265 and 2020 c 18 s 11 are each amended to 9
read as follows:10
(1) If a juvenile thirteen years of age or older is found by 11
juvenile court to have committed an offense while armed with a 12
firearm or an offense that is a violation of RCW 9.41.040(2)(a)13
(((vi))) (vii) or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the 14
court shall notify the department of licensing within twenty-four 15
hours after entry of the judgment, unless the offense is the 16
juvenile's first offense while armed with a firearm, first unlawful 17
possession of a firearm offense, or first offense in violation of 18
chapter 66.44, 69.41, 69.50, or 69.52 RCW.19
(2) Except as otherwise provided in subsection (3) of this 20
section, upon petition of a juvenile who has been found by the court 21
to have committed an offense that is a violation of chapter 66.44, 22
69.41, 69.50, or 69.52 RCW, the court may at any time the court deems 23
appropriate notify the department of licensing that the juvenile's 24
driving privileges should be reinstated.25
(3) If the offense is the juvenile's second or subsequent 26
violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile 27
may not petition the court for reinstatement of the juvenile's 28
privilege to drive revoked pursuant to RCW 46.20.265 until the date 29
the juvenile turns seventeen or one year after the date judgment was 30
entered, whichever is later.31
Sec. 41. RCW 26.28.015 and 2021 c 215 s 141 are each amended to 32
read as follows:33
Notwithstanding any other provision of law, and except as 34
provided under RCW ((7.105.105)) 7.105.100, all persons shall be 35
deemed and taken to be of full age for the specific purposes 36
hereafter enumerated at the age of eighteen years:37
p. 108 SHB 1901.SL
(1) To enter into any marriage contract without parental consent 1
if otherwise qualified by law;2
(2) To execute a will for the disposition of both real and 3
personal property if otherwise qualified by law;4
(3) To vote in any election if authorized by the Constitution and 5
otherwise qualified by law;6
(4) To enter into any legal contractual obligation and to be 7
legally bound thereby to the full extent as any other adult person;8
(5) To make decisions in regard to their own body and the body of 9
their lawful issue whether natural born to or adopted by such person 10
to the full extent allowed to any other adult person including but 11
not limited to consent to surgical operations;12
(6) To sue and be sued on any action to the full extent as any 13
other adult person in any of the courts of this state, without the 14
necessity for a guardian ad litem.15
Sec. 42. RCW 50.20.050 and 2021 c 251 s 3 and 2021 c 215 s 153 16
are each reenacted to read as follows:17
(1) With respect to separations that occur on or after September 18
6, 2009, and for separations that occur before April 4, 2021:19
(a) A claimant shall be disqualified from benefits beginning with 20
the first day of the calendar week in which the claimant left work 21
voluntarily without good cause and thereafter for seven calendar 22
weeks and until the claimant obtains bona fide work in employment 23
covered by this title and earned wages in that employment equal to 24
seven times the claimant's weekly benefit amount. Good cause reasons 25
to leave work are limited to reasons listed in (b) of this 26
subsection.27
The disqualification shall continue if the work obtained is a 28
mere sham to qualify for benefits and is not bona fide work. In 29
determining whether work is of a bona fide nature, the commissioner 30
shall consider factors including but not limited to the following:31
(i) The duration of the work;32
(ii) The extent of direction and control by the employer over the 33
work; and34
(iii) The level of skill required for the work in light of the 35
claimant's training and experience.36
(b) A claimant has good cause and is not disqualified from 37
benefits under (a) of this subsection only under the following 38
circumstances:39
p. 109 SHB 1901.SL
(i) The claimant has left work to accept a bona fide offer of 1
bona fide work as described in (a) of this subsection;2
(ii) The separation was necessary because of the illness or 3
disability of the claimant or the death, illness, or disability of a 4
member of the claimant's immediate family if:5
(A) The claimant pursued all reasonable alternatives to preserve 6
the claimant's employment status by requesting a leave of absence, by 7
having promptly notified the employer of the reason for the absence, 8
and by having promptly requested reemployment when again able to 9
assume employment. These alternatives need not be pursued, however, 10
when they would have been a futile act, including those instances 11
when the futility of the act was a result of a recognized labor/12
management dispatch system; and13
(B) The claimant terminated the claimant's employment status, and 14
is not entitled to be reinstated to the same position or a comparable 15
or similar position;16
(iii) The claimant: (A) Left work to relocate for the employment 17
of a spouse or domestic partner that is outside the existing labor 18
market area; and (B) remained employed as long as was reasonable 19
prior to the move;20
(iv) The separation was necessary to protect the claimant or the 21
claimant's immediate family members from domestic violence, as 22
defined in RCW 7.105.010, or stalking, as defined in RCW 9A.46.110;23
(v) The claimant's usual compensation was reduced by twenty-five 24
percent or more;25
(vi) The claimant's usual hours were reduced by twenty-five 26
percent or more;27
(vii) The claimant's worksite changed, such change caused a 28
material increase in distance or difficulty of travel, and, after the 29
change, the commute was greater than is customary for workers in the 30
claimant's job classification and labor market;31
(viii) The claimant's worksite safety deteriorated, the claimant 32
reported such safety deterioration to the employer, and the employer 33
failed to correct the hazards within a reasonable period of time;34
(ix) The claimant left work because of illegal activities in the 35
claimant's worksite, the claimant reported such activities to the 36
employer, and the employer failed to end such activities within a 37
reasonable period of time;38
(x) The claimant's usual work was changed to work that violates 39
the claimant's religious convictions or sincere moral beliefs; or40
p. 110 SHB 1901.SL
(xi) The claimant left work to enter an apprenticeship program 1
approved by the Washington state apprenticeship training council. 2
Benefits are payable beginning Sunday of the week prior to the week 3
in which the claimant begins active participation in the 4
apprenticeship program.5
(2) With respect to separations that occur on or after April 4, 6
2021:7
(a) A claimant shall be disqualified from benefits beginning with 8
the first day of the calendar week in which the claimant has left 9
work voluntarily without good cause and thereafter for seven calendar 10
weeks and until the claimant has obtained bona fide work in 11
employment covered by this title and earned wages in that employment 12
equal to seven times the claimant's weekly benefit amount. Good cause 13
reasons to leave work are limited to reasons listed in (b) of this 14
subsection.15
The disqualification shall continue if the work obtained is a 16
mere sham to qualify for benefits and is not bona fide work. In 17
determining whether work is of a bona fide nature, the commissioner 18
shall consider factors including but not limited to the following:19
(i) The duration of the work;20
(ii) The extent of direction and control by the employer over the 21
work; and22
(iii) The level of skill required for the work in light of the 23
claimant's training and experience.24
(b) A claimant has good cause and is not disqualified from 25
benefits under (a) of this subsection only under the following 26
circumstances:27
(i) The claimant has left work to accept a bona fide offer of 28
bona fide work as described in (a) of this subsection;29
(ii) The separation was necessary because of the illness or 30
disability of the claimant or the death, illness, or disability of a 31
member of the claimant's immediate family if:32
(A) The claimant made reasonable efforts to preserve the 33
claimant's employment status by requesting a leave of absence, by 34
having promptly notified the employer of the reason for the absence, 35
and by having promptly requested reemployment when again able to 36
assume employment. These alternatives need not be pursued, however, 37
when they would have been a futile act, including those instances 38
when the futility of the act was a result of a recognized labor/39
management dispatch system; and40
p. 111 SHB 1901.SL
(B) The claimant terminated the claimant's employment status, and 1
is not entitled to be reinstated to the same position or a comparable 2
or similar position;3
(iii) The claimant: (A) Left work to relocate for the employment 4
of a spouse or domestic partner that is outside the existing labor 5
market area; and (B) remained employed as long as was reasonable 6
prior to the move;7
(iv) The separation was necessary to protect the claimant or the 8
claimant's immediate family members from domestic violence, as 9
defined in RCW 7.105.010, or stalking, as defined in RCW 9A.46.110;10
(v) The claimant's usual compensation was reduced by twenty-five 11
percent or more;12
(vi) The claimant's usual hours were reduced by twenty-five 13
percent or more;14
(vii) The claimant's worksite changed, such change caused a 15
material increase in distance or difficulty of travel, and, after the 16
change, the commute was greater than is customary for workers in the 17
individual's job classification and labor market;18
(viii) The claimant's worksite safety deteriorated, the claimant 19
reported such safety deterioration to the employer, and the employer 20
failed to correct the hazards within a reasonable period of time;21
(ix) The claimant left work because of illegal activities in the 22
claimant's worksite, the claimant reported such activities to the 23
employer, and the employer failed to end such activities within a 24
reasonable period of time;25
(x) The claimant's usual work was changed to work that violates 26
the claimant's religious convictions or sincere moral beliefs;27
(xi) The claimant left work to enter an apprenticeship program 28
approved by the Washington state apprenticeship training council. 29
Benefits are payable beginning Sunday of the week prior to the week 30
in which the claimant begins active participation in the 31
apprenticeship program; or32
(xii) During a public health emergency:33
(A) The claimant was unable to perform the claimant's work for 34
the employer from the claimant's home;35
(B) The claimant is able to perform, available to perform, and 36
can actively seek suitable work which can be performed for an 37
employer from the claimant's home; and38
(C) The claimant or another individual residing with the claimant 39
is at higher risk of severe illness or death from the disease that is 40
p. 112 SHB 1901.SL
the subject of the public health emergency because the higher risk 1
individual:2
(I) Was in an age category that is defined as high risk for the 3
disease that is the subject of the public health emergency by the 4
federal centers for disease control and prevention, the department of 5
health, or the equivalent agency in the state where the individual 6
resides; or7
(II) Has an underlying health condition, verified as required by 8
the department by rule, that is identified as a risk factor for the 9
disease that is the subject of the public health emergency by the 10
federal centers for disease control and prevention, the department of 11
health, or the equivalent agency in the state where the individual 12
resides.13
(3) With respect to claims that occur on or after July 4, 2021, a 14
claimant has good cause and is not disqualified from benefits under 15
subsection (2)(a) of this section under the following circumstances, 16
in addition to those listed under subsection (2)(b) of this section, 17
if, during a public health emergency, the claimant worked at a health 18
care facility as defined in RCW 9A.50.010, was directly involved in 19
the delivery of health services, and left work for the period of 20
quarantine consistent with the recommended guidance from the United 21
States centers for disease control and prevention or subject to the 22
direction of the state or local health jurisdiction because of 23
exposure to or contracting the disease that is the subject of the 24
declaration of the public health emergency.25
(4) Notwithstanding subsection (1) of this section, a claimant 26
who was simultaneously employed in full-time employment and part-time 27
employment and is otherwise eligible for benefits from the loss of 28
the full-time employment shall not be disqualified from benefits 29
because the claimant:30
(a) Voluntarily quit the part-time employment before the loss of 31
the full-time employment; and32
(b) Did not have prior knowledge that the claimant would be 33
separated from full-time employment.34
Sec. 43. RCW 70.02.230 and 2021 c 264 s 17 and 2021 c 263 s 6 35
are each reenacted to read as follows:36
(1) The fact of admission to a provider for mental health 37
services and all information and records compiled, obtained, or 38
maintained in the course of providing mental health services to 39
p. 113 SHB 1901.SL
either voluntary or involuntary recipients of services at public or 1
private agencies may not be disclosed except as provided in this 2
section, RCW 70.02.050, 71.05.445, 74.09.295, 70.02.210, 70.02.240, 3
70.02.250, 70.02.260, and 70.02.265, or pursuant to a valid 4
authorization under RCW 70.02.030.5
(2) Information and records related to mental health services, 6
other than those obtained through treatment under chapter 71.34 RCW, 7
may be disclosed:8
(a) In communications between qualified professional persons to 9
meet the requirements of chapter 71.05 RCW, including Indian health 10
care providers, in the provision of services or appropriate 11
referrals, or in the course of guardianship proceedings if provided 12
to a professional person:13
(i) Employed by the facility;14
(ii) Who has medical responsibility for the patient's care;15
(iii) Who is a designated crisis responder;16
(iv) Who is providing services under chapter 71.24 RCW;17
(v) Who is employed by a state or local correctional facility 18
where the person is confined or supervised; or19
(vi) Who is providing evaluation, treatment, or follow-up 20
services under chapter 10.77 RCW;21
(b) When the communications regard the special needs of a patient 22
and the necessary circumstances giving rise to such needs and the 23
disclosure is made by a facility providing services to the operator 24
of a facility in which the patient resides or will reside;25
(c)(i) When the person receiving services, or his or her 26
guardian, designates persons to whom information or records may be 27
released, or if the person is a minor, when his or her parents make 28
such a designation;29
(ii) A public or private agency shall release to a person's next 30
of kin, attorney, personal representative, guardian, or conservator, 31
if any:32
(A) The information that the person is presently a patient in the 33
facility or that the person is seriously physically ill;34
(B) A statement evaluating the mental and physical condition of 35
the patient, and a statement of the probable duration of the 36
patient's confinement, if such information is requested by the next 37
of kin, attorney, personal representative, guardian, or conservator; 38
and39
p. 114 SHB 1901.SL
(iii) Other information requested by the next of kin or attorney 1
as may be necessary to decide whether or not proceedings should be 2
instituted to appoint a guardian or conservator;3
(d)(i) To the courts, including tribal courts, as necessary to 4
the administration of chapter 71.05 RCW or to a court ordering an 5
evaluation or treatment under chapter 10.77 RCW solely for the 6
purpose of preventing the entry of any evaluation or treatment order 7
that is inconsistent with any order entered under chapter 71.05 RCW.8
(ii) To a court or its designee in which a motion under chapter 9
10.77 RCW has been made for involuntary medication of a defendant for 10
the purpose of competency restoration.11
(iii) Disclosure under this subsection is mandatory for the 12
purpose of the federal health insurance portability and 13
accountability act;14
(e)(i) When a mental health professional or designated crisis 15
responder is requested by a representative of a law enforcement or 16
corrections agency, including a police officer, sheriff, community 17
corrections officer, a municipal attorney, or prosecuting attorney to 18
undertake an investigation or provide treatment under RCW 71.05.150, 19
10.31.110, or 71.05.153, the mental health professional or designated 20
crisis responder shall, if requested to do so, advise the 21
representative in writing of the results of the investigation 22
including a statement of reasons for the decision to detain or 23
release the person investigated. The written report must be submitted 24
within seventy-two hours of the completion of the investigation or 25
the request from the law enforcement or corrections representative, 26
whichever occurs later.27
(ii) Disclosure under this subsection is mandatory for the 28
purposes of the federal health insurance portability and 29
accountability act;30
(f) To the attorney of the detained person;31
(g) To the prosecuting attorney as necessary to carry out the 32
responsibilities of the office under RCW 71.05.330(2), 33
71.05.340(1)(b), and 71.05.335. The prosecutor must be provided 34
access to records regarding the committed person's treatment and 35
prognosis, medication, behavior problems, and other records relevant 36
to the issue of whether treatment less restrictive than inpatient 37
treatment is in the best interest of the committed person or others. 38
Information must be disclosed only after giving notice to the 39
committed person and the person's counsel;40
p. 115 SHB 1901.SL
(h)(i) To appropriate law enforcement agencies and to a person, 1
when the identity of the person is known to the public or private 2
agency, whose health and safety has been threatened, or who is known 3
to have been repeatedly harassed, by the patient. The person may 4
designate a representative to receive the disclosure. The disclosure 5
must be made by the professional person in charge of the public or 6
private agency or his or her designee and must include the dates of 7
commitment, admission, discharge, or release, authorized or 8
unauthorized absence from the agency's facility, and only any other 9
information that is pertinent to the threat or harassment. The agency 10
or its employees are not civilly liable for the decision to disclose 11
or not, so long as the decision was reached in good faith and without 12
gross negligence.13
(ii) Disclosure under this subsection is mandatory for the 14
purposes of the federal health insurance portability and 15
accountability act;16
(i)(i) To appropriate corrections and law enforcement agencies 17
all necessary and relevant information in the event of a crisis or 18
emergent situation that poses a significant and imminent risk to the 19
public. The mental health service agency or its employees are not 20
civilly liable for the decision to disclose or not so long as the 21
decision was reached in good faith and without gross negligence.22
(ii) Disclosure under this subsection is mandatory for the 23
purposes of the health insurance portability and accountability act;24
(j) To the persons designated in RCW 71.05.425 for the purposes 25
described in those sections;26
(k) By a care coordinator under RCW 71.05.585 or 10.77.175 27
assigned to a person ordered to receive less restrictive alternative 28
treatment for the purpose of sharing information to parties necessary 29
for the implementation of proceedings under chapter 71.05 or 10.77 30
RCW;31
(l) Upon the death of a person. The person's next of kin, 32
personal representative, guardian, or conservator, if any, must be 33
notified. Next of kin who are of legal age and competent must be 34
notified under this section in the following order: Spouse, parents, 35
children, brothers and sisters, and other relatives according to the 36
degree of relation. Access to all records and information compiled, 37
obtained, or maintained in the course of providing services to a 38
deceased patient are governed by RCW 70.02.140;39
p. 116 SHB 1901.SL
(m) To mark headstones or otherwise memorialize patients interred 1
at state hospital cemeteries. The department of social and health 2
services shall make available the name, date of birth, and date of 3
death of patients buried in state hospital cemeteries fifty years 4
after the death of a patient;5
(n) To law enforcement officers and to prosecuting attorneys as 6
are necessary to enforce RCW 9.41.040(2)(a)(((iv))) (v). The extent 7
of information that may be released is limited as follows:8
(i) Only the fact, place, and date of involuntary commitment, an 9
official copy of any order or orders of commitment, and an official 10
copy of any written or oral notice of ineligibility to possess a 11
firearm that was provided to the person pursuant to RCW 9.41.047(1), 12
must be disclosed upon request;13
(ii) The law enforcement and prosecuting attorneys may only 14
release the information obtained to the person's attorney as required 15
by court rule and to a jury or judge, if a jury is waived, that 16
presides over any trial at which the person is charged with violating 17
RCW 9.41.040(2)(a)(((iv))) (v);18
(iii) Disclosure under this subsection is mandatory for the 19
purposes of the federal health insurance portability and 20
accountability act;21
(o) When a patient would otherwise be subject to the provisions 22
of this section and disclosure is necessary for the protection of the 23
patient or others due to his or her unauthorized disappearance from 24
the facility, and his or her whereabouts is unknown, notice of the 25
disappearance, along with relevant information, may be made to 26
relatives, the department of corrections when the person is under the 27
supervision of the department, and governmental law enforcement 28
agencies designated by the physician or psychiatric advanced 29
registered nurse practitioner in charge of the patient or the 30
professional person in charge of the facility, or his or her 31
professional designee;32
(p) Pursuant to lawful order of a court, including a tribal 33
court;34
(q) To qualified staff members of the department, to the 35
authority, to behavioral health administrative services 36
organizations, to managed care organizations, to resource management 37
services responsible for serving a patient, or to service providers 38
designated by resource management services as necessary to determine 39
the progress and adequacy of treatment and to determine whether the 40
p. 117 SHB 1901.SL
person should be transferred to a less restrictive or more 1
appropriate treatment modality or facility;2
(r) Within the mental health service agency or Indian health care 3
provider facility where the patient is receiving treatment, 4
confidential information may be disclosed to persons employed, 5
serving in bona fide training programs, or participating in 6
supervised volunteer programs, at the facility when it is necessary 7
to perform their duties;8
(s) Within the department and the authority as necessary to 9
coordinate treatment for mental illness, developmental disabilities, 10
or substance use disorder of persons who are under the supervision of 11
the department;12
(t) Between the department of social and health services, the 13
department of children, youth, and families, and the health care 14
authority as necessary to coordinate treatment for mental illness, 15
developmental disabilities, or substance use disorder of persons who 16
are under the supervision of the department of social and health 17
services or the department of children, youth, and families;18
(u) To a licensed physician or psychiatric advanced registered 19
nurse practitioner who has determined that the life or health of the 20
person is in danger and that treatment without the information and 21
records related to mental health services could be injurious to the 22
patient's health. Disclosure must be limited to the portions of the 23
records necessary to meet the medical emergency;24
(v)(i) Consistent with the requirements of the federal health 25
insurance portability and accountability act, to:26
(A) A health care provider, including an Indian health care 27
provider, who is providing care to a patient, or to whom a patient 28
has been referred for evaluation or treatment; or29
(B) Any other person who is working in a care coordinator role 30
for a health care facility, health care provider, or Indian health 31
care provider, or is under an agreement pursuant to the federal 32
health insurance portability and accountability act with a health 33
care facility or a health care provider and requires the information 34
and records to assure coordinated care and treatment of that patient.35
(ii) A person authorized to use or disclose information and 36
records related to mental health services under this subsection 37
(2)(v) must take appropriate steps to protect the information and 38
records relating to mental health services.39
p. 118 SHB 1901.SL
(iii) Psychotherapy notes may not be released without 1
authorization of the patient who is the subject of the request for 2
release of information;3
(w) To administrative and office support staff designated to 4
obtain medical records for those licensed professionals listed in (v) 5
of this subsection;6
(x) To a facility that is to receive a person who is 7
involuntarily committed under chapter 71.05 RCW, or upon transfer of 8
the person from one evaluation and treatment facility to another. The 9
release of records under this subsection is limited to the 10
information and records related to mental health services required by 11
law, a record or summary of all somatic treatments, and a discharge 12
summary. The discharge summary may include a statement of the 13
patient's problem, the treatment goals, the type of treatment which 14
has been provided, and recommendation for future treatment, but may 15
not include the patient's complete treatment record;16
(y) To the person's counsel or guardian ad litem, without 17
modification, at any time in order to prepare for involuntary 18
commitment or recommitment proceedings, reexaminations, appeals, or 19
other actions relating to detention, admission, commitment, or 20
patient's rights under chapter 71.05 RCW;21
(z) To staff members of the protection and advocacy agency or to 22
staff members of a private, nonprofit corporation for the purpose of 23
protecting and advocating the rights of persons with mental disorders 24
or developmental disabilities. Resource management services may limit 25
the release of information to the name, birthdate, and county of 26
residence of the patient, information regarding whether the patient 27
was voluntarily admitted, or involuntarily committed, the date and 28
place of admission, placement, or commitment, the name and address of 29
a guardian of the patient, and the date and place of the guardian's 30
appointment. Any staff member who wishes to obtain additional 31
information must notify the patient's resource management services in 32
writing of the request and of the resource management services' right 33
to object. The staff member shall send the notice by mail to the 34
guardian's address. If the guardian does not object in writing within 35
fifteen days after the notice is mailed, the staff member may obtain 36
the additional information. If the guardian objects in writing within 37
fifteen days after the notice is mailed, the staff member may not 38
obtain the additional information;39
p. 119 SHB 1901.SL
(aa) To all current treating providers, including Indian health 1
care providers, of the patient with prescriptive authority who have 2
written a prescription for the patient within the last twelve months. 3
For purposes of coordinating health care, the department or the 4
authority may release without written authorization of the patient, 5
information acquired for billing and collection purposes as described 6
in RCW 70.02.050(1)(d). The department, or the authority, if 7
applicable, shall notify the patient that billing and collection 8
information has been released to named providers, and provide the 9
substance of the information released and the dates of such release. 10
Neither the department nor the authority may release counseling, 11
inpatient psychiatric hospitalization, or drug and alcohol treatment 12
information without a signed written release from the client;13
(bb)(i) To the secretary of social and health services and the 14
director of the health care authority for either program evaluation 15
or research, or both so long as the secretary or director, where 16
applicable, adopts rules for the conduct of the evaluation or 17
research, or both. Such rules must include, but need not be limited 18
to, the requirement that all evaluators and researchers sign an oath 19
of confidentiality substantially as follows:20
"As a condition of conducting evaluation or research concerning 21
persons who have received services from (fill in the facility, 22
agency, or person) I, . . . . . ., agree not to divulge, publish, or 23
otherwise make known to unauthorized persons or the public any 24
information obtained in the course of such evaluation or research 25
regarding persons who have received services such that the person who 26
received such services is identifiable.27
I recognize that unauthorized release of confidential information 28
may subject me to civil liability under the provisions of state law.29
/s/ . . . . . ."30
(ii) Nothing in this chapter may be construed to prohibit the 31
compilation and publication of statistical data for use by government 32
or researchers under standards, including standards to assure 33
maintenance of confidentiality, set forth by the secretary, or 34
director, where applicable;35
(cc) To any person if the conditions in RCW 70.02.205 are met;36
(dd) To the secretary of health for the purposes of the maternal 37
mortality review panel established in RCW 70.54.450; or38
p. 120 SHB 1901.SL
(ee) To a tribe or Indian health care provider to carry out the 1
requirements of RCW 71.05.150(6).2
(3) Whenever federal law or federal regulations restrict the 3
release of information contained in the information and records 4
related to mental health services of any patient who receives 5
treatment for a substance use disorder, the department or the 6
authority may restrict the release of the information as necessary to 7
comply with federal law and regulations.8
(4) Civil liability and immunity for the release of information 9
about a particular person who is committed to the department of 10
social and health services or the authority under RCW 71.05.280(3) 11
and 71.05.320(4)(c) after dismissal of a sex offense as defined in 12
RCW 9.94A.030, is governed by RCW 4.24.550.13
(5) The fact of admission to a provider of mental health 14
services, as well as all records, files, evidence, findings, or 15
orders made, prepared, collected, or maintained pursuant to chapter 16
71.05 RCW are not admissible as evidence in any legal proceeding 17
outside that chapter without the written authorization of the person 18
who was the subject of the proceeding except as provided in RCW 19
70.02.260, in a subsequent criminal prosecution of a person committed 20
pursuant to RCW 71.05.280(3) or 71.05.320(4)(c) on charges that were 21
dismissed pursuant to chapter 10.77 RCW due to incompetency to stand 22
trial, in a civil commitment proceeding pursuant to chapter 71.09 23
RCW, or, in the case of a minor, a guardianship or dependency 24
proceeding. The records and files maintained in any court proceeding 25
pursuant to chapter 71.05 RCW must be confidential and available 26
subsequent to such proceedings only to the person who was the subject 27
of the proceeding or his or her attorney. In addition, the court may 28
order the subsequent release or use of such records or files only 29
upon good cause shown if the court finds that appropriate safeguards 30
for strict confidentiality are and will be maintained.31
(6)(a) Except as provided in RCW 4.24.550, any person may bring 32
an action against an individual who has willfully released 33
confidential information or records concerning him or her in 34
violation of the provisions of this section, for the greater of the 35
following amounts:36
(i) One thousand dollars; or37
(ii) Three times the amount of actual damages sustained, if any.38
p. 121 SHB 1901.SL
(b) It is not a prerequisite to recovery under this subsection 1
that the plaintiff suffered or was threatened with special, as 2
contrasted with general, damages.3
(c) Any person may bring an action to enjoin the release of 4
confidential information or records concerning him or her or his or 5
her ward, in violation of the provisions of this section, and may in 6
the same action seek damages as provided in this subsection.7
(d) The court may award to the plaintiff, should he or she 8
prevail in any action authorized by this subsection, reasonable 9
attorney fees in addition to those otherwise provided by law.10
(e) If an action is brought under this subsection, no action may 11
be brought under RCW 70.02.170.12
Sec. 44. RCW 70.02.240 and 2021 c 264 s 18 and 2021 c 263 s 7 13
are each reenacted and amended to read as follows:14
The fact of admission and all information and records related to 15
mental health services obtained through inpatient or outpatient 16
treatment of a minor under chapter 71.34 RCW must be kept 17
confidential, except as authorized by this section or under RCW 18
70.02.050, 70.02.210, 70.02.230, 70.02.250, 70.02.260, and 70.02.265. 19
Confidential information under this section may be disclosed only:20
(1) In communications between mental health professionals to meet 21
the requirements of chapter 71.34 RCW, in the provision of services 22
to the minor, or in making appropriate referrals;23
(2) In the course of guardianship or dependency proceedings;24
(3) To the minor, the minor's parent, including those acting as a 25
parent as defined in RCW 71.34.020 for purposes of family-initiated 26
treatment, and the minor's attorney, subject to RCW 13.50.100;27
(4) To the courts as necessary to administer chapter 71.34 RCW;28
(5) By a care coordinator under RCW 71.34.755 or 10.77.175 29
assigned to a person ordered to receive less restrictive alternative 30
treatment for the purpose of sharing information to parties necessary 31
for the implementation of proceedings under chapter 71.34 or 10.77 32
RCW;33
(6) By a care coordinator under RCW 71.34.755 assigned to a 34
person ordered to receive less restrictive alternative treatment for 35
the purpose of sharing information to parties necessary for the 36
implementation of proceedings under chapter 71.34 RCW;37
(7) To law enforcement officers or public health officers as 38
necessary to carry out the responsibilities of their office. However, 39
p. 122 SHB 1901.SL
only the fact and date of admission, and the date of discharge, the 1
name and address of the treatment provider, if any, and the last 2
known address must be disclosed upon request;3
(8) To law enforcement officers, public health officers, 4
relatives, and other governmental law enforcement agencies, if a 5
minor has escaped from custody, disappeared from an evaluation and 6
treatment facility, violated conditions of a less restrictive 7
treatment order, or failed to return from an authorized leave, and 8
then only such information as may be necessary to provide for public 9
safety or to assist in the apprehension of the minor. The officers 10
are obligated to keep the information confidential in accordance with 11
this chapter;12
(9) To the secretary of social and health services and the 13
director of the health care authority for assistance in data 14
collection and program evaluation or research so long as the 15
secretary or director, where applicable, adopts rules for the conduct 16
of such evaluation and research. The rules must include, but need not 17
be limited to, the requirement that all evaluators and researchers 18
sign an oath of confidentiality substantially as follows:19
"As a condition of conducting evaluation or research concerning 20
persons who have received services from (fill in the facility, 21
agency, or person) I, . . . . . ., agree not to divulge, publish, or 22
otherwise make known to unauthorized persons or the public any 23
information obtained in the course of such evaluation or research 24
regarding minors who have received services in a manner such that the 25
minor is identifiable.26
I recognize that unauthorized release of confidential information 27
may subject me to civil liability under state law.28
/s/ . . . . . . ";29
(10) To appropriate law enforcement agencies, upon request, all 30
necessary and relevant information in the event of a crisis or 31
emergent situation that poses a significant and imminent risk to the 32
public. The mental health service agency or its employees are not 33
civilly liable for the decision to disclose or not, so long as the 34
decision was reached in good faith and without gross negligence;35
(11) To appropriate law enforcement agencies and to a person, 36
when the identity of the person is known to the public or private 37
agency, whose health and safety has been threatened, or who is known 38
to have been repeatedly harassed, by the patient. The person may 39
p. 123 SHB 1901.SL
designate a representative to receive the disclosure. The disclosure 1
must be made by the professional person in charge of the public or 2
private agency or his or her designee and must include the dates of 3
admission, discharge, authorized or unauthorized absence from the 4
agency's facility, and only any other information that is pertinent 5
to the threat or harassment. The agency or its employees are not 6
civilly liable for the decision to disclose or not, so long as the 7
decision was reached in good faith and without gross negligence;8
(12) To a minor's next of kin, attorney, guardian, or 9
conservator, if any, the information that the minor is presently in 10
the facility or that the minor is seriously physically ill and a 11
statement evaluating the mental and physical condition of the minor 12
as well as a statement of the probable duration of the minor's 13
confinement;14
(13) Upon the death of a minor, to the minor's next of kin;15
(14) To a facility in which the minor resides or will reside;16
(15) To law enforcement officers and to prosecuting attorneys as 17
are necessary to enforce RCW 9.41.040(2)(a)(((iv))) (v). The extent 18
of information that may be released is limited as follows:19
(a) Only the fact, place, and date of involuntary commitment, an 20
official copy of any order or orders of commitment, and an official 21
copy of any written or oral notice of ineligibility to possess a 22
firearm that was provided to the person pursuant to RCW 9.41.047(1), 23
must be disclosed upon request;24
(b) The law enforcement and prosecuting attorneys may only 25
release the information obtained to the person's attorney as required 26
by court rule and to a jury or judge, if a jury is waived, that 27
presides over any trial at which the person is charged with violating 28
RCW 9.41.040(2)(a)(((iv))) (v);29
(c) Disclosure under this subsection is mandatory for the 30
purposes of the federal health insurance portability and 31
accountability act;32
(16) This section may not be construed to prohibit the 33
compilation and publication of statistical data for use by government 34
or researchers under standards, including standards to assure 35
maintenance of confidentiality, set forth by the director of the 36
health care authority or the secretary of the department of social 37
and health services, where applicable. The fact of admission and all 38
information obtained pursuant to chapter 71.34 RCW are not admissible 39
as evidence in any legal proceeding outside chapter 71.34 RCW, except 40
p. 124 SHB 1901.SL
guardianship or dependency, without the written consent of the minor 1
or the minor's parent;2
(17) For the purpose of a correctional facility participating in 3
the postinstitutional medical assistance system supporting the 4
expedited medical determinations and medical suspensions as provided 5
in RCW 74.09.555 and 74.09.295;6
(18) Pursuant to a lawful order of a court.7
NEW SECTION. Sec. 45. The following acts or parts of acts are 8
each repealed:9
(1) RCW 7.105.055 (Jurisdiction—Stalking protection orders) and 10
2021 c 215 s 5;11
(2) RCW 7.105.060 (Jurisdiction—Antiharassment protection orders) 12
and 2021 c 215 s 6;13
(3) RCW 7.105.170 (Vulnerable adult protection orders—Service 14
when vulnerable adult is not the petitioner) and 2021 c 215 s 22; and15
(4) RCW 7.105.901 (Recommendations on jurisdiction over 16
protection order proceedings—Report) and 2021 c 215 s 12.17
NEW SECTION. Sec. 46. If any provision of this act or its 18
application to any person or circumstance is held invalid, the 19
remainder of the act or the application of the provision to other 20
persons or circumstances is not affected.21
Sec. 47. 2021 c 215 s 87 (uncodified) is amended to read as 22
follows:23
(1) Except for sections 12, 16, 18, 19, 21, 24, 25, 34, and 36 of 24
this act, this act takes effect July 1, 2022.25
(2) Sections 19, 21, 24, and 34, chapter 215, Laws of 2021 take 26
effect the effective date of this section.27
NEW SECTION. Sec. 48. Section 36 of this act expires July 1, 28
2023.29
NEW SECTION. Sec. 49. (1) Except for sections 9 through 14, 37, 30
and 47 of this act, this act takes effect July 1, 2022.31
(2) Section 37 of this act takes effect July 1, 2023.32
(3) Sections 9 through 14 and 47 of this act are necessary for 33
the immediate preservation of the public peace, health, or safety, or 34
p. 125 SHB 1901.SL
support of the state government and its existing public institutions, 1
and take effect immediately.2
Passed by the House March 8, 2022.
Passed by the Senate March 3, 2022.
Approved by the Governor March 31, 2022.
Filed in Office of Secretary of State April 1, 2022.
--- END ---
p. 126 SHB 1901.SL
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance No. 5456 Study Session Date: September 14, 2022
adding Sections 9A.44.130 and 9A.44.140 of
the Bremerton Municipal Code entitled
“Interference with a health care facility” and
“Penalty,” respectively.
COUNCIL MEETING Date: September 21, 2022
Department: Legal
Presenter: Gary Hersey
Phone: (360) 473-2345
SUMMARY: The City Council desires to add provisions to the Bremerton Municipal Code relating to
protecting access to health care facilities in order to allow local prosecution of existing state laws.
ATTACHMENTS: 1) Ordinance No. 5456; 2) Engrossed Substitute House Bill 1338
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Ordinance No. 5456 amending Sections 9A.44.130 and 9A.44.140 of the Bremerton
Municipal Code entitled “Interference with a health care facility” and “Penalty,” respectively, to bring
Chapter 9A.44 of the Bremerton Municipal Code into compliance with updated state laws.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
3F
Page 1 of 2
BMC 9A.44.130 & BMC 9A.44.140
ORDINANCE NO. 5456
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, adding Section 9A.44.130 of the
Bremerton Municipal Code entitled “Interference with a health care
facility” and adding Section 9A.44.140 of the Bremerton Municipal
Code entitled “Penalty.”
.
WHEREAS, the City Council desires to update or revise provisions relating to
health care facilities in order to bring Chapter 9A.44 of the Bremerton Municipal Code into
compliance with updated state laws; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 9A.44.130 of the Bremerton Municipal Code entitled
“Interference with a health care facility” is hereby added to read as follows:
9A.44.130 INTERFERENCE WITH A HEALTH CARE FACILITY.
RCW 9A.50.010 and 9A.50.020 are adopted by reference as currently enacted and as
hereinafter amended from time to time, and shall be given the same force and effect as if set
forth herein in full.
SECTION 2. Section 9A.44.140 of the Bremerton Municipal Code entitled
“Penalty” is hereby added to read as follows:
9A.44.140 PENALTY.
RCW 9A.50.030 is adopted by reference as currently enacted and as hereinafter amended
from time to time, and shall be given the same force and effect as if set forth herein in full.
SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 4. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 5. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
Page 2 of 2
BMC 9A.44.130 & BMC 9A.44.140
PASSED by the City Council the___________ day of ____________________, 20___.
_________________________________
MICHAEL GOODNOW, Council President
Approved this ________ day of ________________________, 20___.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 20__.
EFFECTIVE the ________ day of ______________________, 20__.
ORDINANCE NO. ________.
R:\Legal\Legal\Ordinances\Legal\2022.09.06 Ordinance - BMC 9A.44.130 & BMC 9A.44.140 (Healthcare Facilities).docx
CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 1338
Chapter 128, Laws of 1993
53rd Legislature
1993 Regular Session
INTERFERENCE WITH HEALTH CARE FACILITIES, PROVIDERS,
AND DELIVERY PROHIBITED
EFFECTIVE DATE: 4/26/93
Passed by the House April 19, 1993
Yeas 84 Nays 14
BRIAN EBERSOLE
Speaker of the
House of Representatives
Passed by the Senate April 8, 1993
Yeas 33 Nays 13
CERTIFICATE
I, Alan Thompson, Chief Clerk of the
House of Representatives of the State
of Washington, do hereby certify that
the attached is ENGROSSED SUBSTITUTE
HOUSE BILL 1338 as passed by the House
of Representatives and the Senate on
the dates hereon set forth.
JOEL PRITCHARD
President of the Senate
ALAN THOMPSON
Chief Clerk
Approved April 26, 1993 FILED
April 26, 1993 - 2:15 p.m.
MIKE LOWRY
Governor of the State of Washington
Secretary of State
State of Washington
_______________________________________________
ENGROSSED SUBSTITUTE HOUSE BILL 1338
_______________________________________________
AS AMENDED BY THE SENATE
Passed Legislature - 1993 Regular Session
State of Washington 53rd Legislature 1993 Regular Session
By House Committee on Judiciary (originally sponsored by
Representatives Thibaudeau, Appelwick, Ballasiotes, H. Myers, Flemming,
Dyer, Eide, Cooke, Zellinsky, Johanson, Romero, Forner, Reams, Rust,
Schmidt, Riley, Dunshee, Brough, Ogden, J. Kohl, Locke, Anderson,
Ludwig, Edmondson, Horn, Heavey, Cothern, R. Johnson, King, Veloria,
Rayburn, Bray, Orr, Pruitt, Karahalios, Lemmon, Carlson, Kessler,
Wolfe, R. Fisher, Hansen, Jacobsen, Morris, Quall, Franklin, L.
Johnson, Leonard, Jones, Valle, G. Cole, Holm, Wang, Grant, Dorn,
Sheldon, Sommers, Miller, Finkbeiner, Brown, Scott, Roland, Shin, R.
Meyers, Springer, Basich, Campbell, Wood, Long, Wineberry and Dellwo)
Read first time 02/25/93.
AN ACT Relating to prohibiting interference with access to health1
care, health care providers, and health care service delivery; amending2
RCW 10.31.100 and 10.97.070; adding a new chapter to Title 9A RCW;3
creating a new section; prescribing penalties; and declaring an4
emergency.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION.Sec. 1.The legislature finds that seeking or7
obtaining health care is fundamental to public health and safety.8
NEW SECTION.Sec. 2.Unless the context clearly requires9
otherwise, the definitions in this section apply throughout this10
chapter.11
(1) "Health care facility" means a facility that provides health12
care services directly to patients, including but not limited to, a13
hospital, clinic, health care provider’s office, health maintenance14
organization, diagnostic or treatment center, neuropsychiatric or15
mental health facility, hospice, or nursing home.16
(2) "Health care provider" has the same meaning as defined in RCW17
7.70.020 (1) and (2), and also means an officer, director, employee, or18
p. 1 ESHB 1338.SL
agent of a health care facility who sues or testifies regarding matters1
within the scope of his or her employment.2
(3) "Aggrieved" means:3
(a) A person, physically present at the health care facility when4
the prohibited actions occur, whose access is or is about to be5
obstructed or impeded;6
(b) A person, physically present at the health care facility when7
the prohibited actions occur, whose care is or is about to be8
disrupted;9
(c) The health care facility, its employees, or agents;10
(d) The owner of the health care facility or the building or11
property upon which the health care facility is located.12
NEW SECTION.Sec. 3.It is unlawful for a person except as13
otherwise protected by state or federal law, alone or in concert with14
others, to willfully or recklessly interfere with access to or from a15
health care facility or willfully or recklessly disrupt the normal16
functioning of such facility by:17
(1) Physically obstructing or impeding the free passage of a person18
seeking to enter or depart from the facility or from the common areas19
of the real property upon which the facility is located;20
(2) Making noise that unreasonably disturbs the peace within the21
facility;22
(3) Trespassing on the facility or the common areas of the real23
property upon which the facility is located;24
(4) Telephoning the facility repeatedly, or knowingly permitting25
any telephone under his or her control to be used for such purpose; or26
(5) Threatening to inflict injury on the owners, agents, patients,27
employees, or property of the facility or knowingly permitting any28
telephone under his or her control to be used for such purpose.29
NEW SECTION.Sec. 4.A violation of section 3 of this act is a30
gross misdemeanor. A person convicted of violating section 3 of this31
act shall be punished as follows:32
(1) For a first offense, a fine of not less than two hundred fifty33
dollars and a jail term of not less than twenty-four consecutive hours;34
(2) For a second offense, a fine of not less than five hundred35
dollars and a jail term of not less than seven consecutive days; and36
ESHB 1338.SL p. 2
(3) For a third or subsequent offense, a fine of not less than one1
thousand dollars and a jail term of not less than thirty consecutive2
days.3
Sec. 5.RCW 10.31.100 and 1988 c 190 s 1 are each amended to read4
as follows:5
A police officer having probable cause to believe that a person has6
committed or is committing a felony shall have the authority to arrest7
the person without a warrant. A police officer may arrest a person8
without a warrant for committing a misdemeanor or gross misdemeanor9
only when the offense is committed in the presence of the officer,10
except as provided in subsections (1) through (((8))) (9)of this11
section.12
(1) Any police officer having probable cause to believe that a13
person has committed or is committing a misdemeanor or gross14
misdemeanor, involving physical harm or threats of harm to any person15
or property or the unlawful taking of property or involving the use or16
possession of cannabis, or involving the acquisition, possession, or17
consumption of alcohol by a person under the age of twenty-one years18
under RCW 66.44.270 shall have the authority to arrest the person.19
(2) A police officer shall arrest and take into custody, pending20
release on bail, personal recognizance, or court order, a person21
without a warrant when the officer has probable cause to believe that:22
(a) An order has been issued of which the person has knowledge23
under RCW 10.99.040(2), 10.99.050, 26.09.060, 26.44.063, chapter 26.2624
RCW, or chapter 26.50 RCW restraining the person and the person has25
violated the terms of the order restraining the person from acts or26
threats of violence or excluding the person from a residence or, in the27
case of an order issued under RCW 26.44.063, imposing any other28
restrictions or conditions upon the person; or29
(b) The person is eighteen years or older and within the preceding30
four hours has assaulted that person’s spouse, former spouse, or a31
person eighteen years or older with whom the person resides or has32
formerly resided and the officer believes: (i) A felonious assault33
has occurred; (ii) an assault has occurred which has resulted in bodily34
injury to the victim, whether the injury is observable by the35
responding officer or not; or (iii) that any physical action has36
occurred which was intended to cause another person reasonably to fear37
imminent serious bodily injury or death. Bodily injury means physical38
p. 3 ESHB 1338.SL
pain, illness, or an impairment of physical condition. When the1
officer has probable cause to believe that spouses, former spouses, or2
other persons who reside together or formerly resided together have3
assaulted each other, the officer is not required to arrest both4
persons. The officer shall arrest the person whom the officer believes5
to be the primary physical aggressor. In making this determination,6
the officer shall make every reasonable effort to consider: (i) The7
intent to protect victims of domestic violence under RCW 10.99.010;8
(ii) the comparative extent of injuries inflicted or serious threats9
creating fear of physical injury; and (iii) the history of domestic10
violence between the persons involved.11
(3) Any police officer having probable cause to believe that a12
person has committed or is committing a violation of any of the13
following traffic laws shall have the authority to arrest the person:14
(a) RCW 46.52.010, relating to duty on striking an unattended car15
or other property;16
(b) RCW 46.52.020, relating to duty in case of injury to or death17
of a person or damage to an attended vehicle;18
(c) RCW 46.61.500 or 46.61.530, relating to reckless driving or19
racing of vehicles;20
(d) RCW 46.61.502 or 46.61.504, relating to persons under the21
influence of intoxicating liquor or drugs;22
(e) RCW 46.20.342, relating to driving a motor vehicle while23
operator’s license is suspended or revoked;24
(f) RCW 46.61.525, relating to operating a motor vehicle in a25
negligent manner.26
(4) A law enforcement officer investigating at the scene of a motor27
vehicle accident may arrest the driver of a motor vehicle involved in28
the accident if the officer has probable cause to believe that the29
driver has committed in connection with the accident a violation of any30
traffic law or regulation.31
(5) Any police officer having probable cause to believe that a32
person has committed or is committing a violation of RCW 88.12.10033
shall have the authority to arrest the person.34
(6) An officer may act upon the request of a law enforcement35
officer in whose presence a traffic infraction was committed, to stop,36
detain, arrest, or issue a notice of traffic infraction to the driver37
who is believed to have committed the infraction. The request by the38
ESHB 1338.SL p. 4
witnessing officer shall give an officer the authority to take1
appropriate action under the laws of the state of Washington.2
(7) Any police officer having probable cause to believe that a3
person has committed or is committing any act of indecent exposure, as4
defined in RCW 9A.88.010, may arrest the person.5
(8) A police officer may arrest and take into custody, pending6
release on bail, personal recognizance, or court order, a person7
without a warrant when the officer has probable cause to believe that8
an order has been issued of which the person has knowledge under9
chapter 10.14 RCW and the person has violated the terms of that order.10
(9) Any police officer having probable cause to believe that a11
person has, within twenty-four hours of the alleged violation,12
committed a violation of section 3 of this act may arrest such person.13
(10)Except as specifically provided in subsections (2), (3), (4),14
and (6) of this section, nothing in this section extends or otherwise15
affects the powers of arrest prescribed in Title 46 RCW.16
(((10))) (11)No police officer may be held criminally or civilly17
liable for making an arrest pursuant to RCW 10.31.100(2) or (8) if the18
police officer acts in good faith and without malice.19
NEW SECTION.Sec. 6.(1) A person or health care facility20
aggrieved by the actions prohibited by section 3 of this act may seek21
civil damages from those who committed the prohibited acts and those22
acting in concert with them. A plaintiff in an action brought under23
this chapter shall not recover more than his or her actual damages and24
additional sums authorized in section 7 of this act. Once a plaintiff25
recovers his or her actual damages and any additional sums authorized26
under this chapter, additional damages shall not be recovered. A27
person does not have to be criminally convicted of violating section 328
of this act to be held civilly liable under this section. It is not29
necessary to prove actual damages to recover the additional sums30
authorized under section 7 of this act, costs, and attorneys’ fees.31
The prevailing party is entitled to recover costs and attorneys’ fees.32
(2) The superior courts of this state shall have authority to grant33
temporary, preliminary, and permanent injunctive relief to enjoin34
violations of this chapter.35
In appropriate circumstances, any superior court having personal36
jurisdiction over one or more defendants may issue injunctive relief37
that shall have binding effect on the original defendants and persons38
p. 5 ESHB 1338.SL
acting in concert with the original defendants, in any county in the1
state.2
Due to the nature of the harm involved, injunctive relief may be3
issued without bond in the discretion of the court, notwithstanding any4
other requirement imposed by statute.5
The state and its political subdivisions shall cooperate in the6
enforcement of court injunctions that seek to protect against acts7
prohibited by this chapter.8
NEW SECTION.Sec. 7.In a civil action brought under this9
chapter, an individual plaintiff aggrieved by the actions prohibited by10
section 3 of this act may be entitled to recover up to five hundred11
dollars for each day that the actions occurred, or up to five thousand12
dollars for each day that the actions occurred if the plaintiff13
aggrieved by the actions prohibited under section 3 of this act is a14
health care facility.15
NEW SECTION.Sec.8.Nothing in section 3 of this act shall16
prohibit either lawful picketing or other publicity for the purpose of17
providing the public with information.18
NEW SECTION.Sec. 9.A court having jurisdiction over a criminal19
or civil proceeding under this chapter shall take all steps reasonably20
necessary to safeguard the individual privacy and prevent harassment of21
a health care patient or health care provider who is a party or witness22
in a proceeding, including granting protective orders and orders in23
limine.24
Sec. 10.RCW 10.97.070 and 1977 ex.s. c 314 s 7 are each amended25
to read as follows:26
(1) Criminal justice agencies may, in their discretion, disclose to27
persons who have suffered physical loss, property damage, or injury28
compensable through civil action, the identity of persons suspected as29
being responsible for such loss, damage, or injury together with such30
information as the agency reasonably believes may be of assistance to31
the victim in obtaining civil redress. Such disclosure may be made32
without regard to whether the suspected offender is an adult or a33
juvenile, whether charges have or have not been filed, or a prosecuting34
authority has declined to file a charge or a charge has been dismissed.35
ESHB 1338.SL p. 6
(2) Unless the agency determines release would interfere with an1
ongoing criminal investigation, in any action brought pursuant to this2
chapter, criminal justice agencies shall disclose identifying3
information, including photographs of suspects, if the acts are alleged4
by the plaintiff or victim to be a violation of section 3 of this act.5
(3)The disclosure by a criminal justice agency of investigative6
information pursuant to subsection (1) of this section shall not7
establish a duty to disclose any additional information concerning the8
same incident or make any subsequent disclosure of investigative9
information, except to the extent an additional disclosure is compelled10
by legal process.11
NEW SECTION.Sec. 11.Nothing in this chapter shall be construed12
to limit the right to seek other available criminal or civil remedies.13
The remedies provided in this chapter are cumulative, not exclusive.14
NEW SECTION.Sec. 12.If any provision of this act or its15
application to any person or circumstance is held invalid, the16
remainder of the act or the application of the provision to other17
persons or circumstances is not affected.18
NEW SECTION.Sec. 13.Sections 2 through 4, 6 through 9, and 1119
of this act shall constitute a new chapter in Title 9A RCW.20
NEW SECTION.Sec. 14.This act is necessary for the immediate21
preservation of the public peace, health, or safety, or support of the22
state government and its existing public institutions, and shall take23
effect immediately.24
Passed the House April 19, 1993.
Passed the Senate April 8, 1993.
Approved by the Governor April 26, 1993.
Filed in Office of Secretary of State April 26, 1993.
p. 7 ESHB 1338.SL
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: September 14, 2022
Contract Modification Agreement No. 3 with
Rice Fergus Miller, Inc. for the Quincy
Square Project
COUNCIL MEETING Date: September 21, 2022
Department: PW&U
Presenter: K. Ketterer
Phone: (360) 473-5334
SUMMARY:
In September 2018, the City executed a contract with Rice Fergus Miller Inc. for the design of the
Quincy Square Project in the amount of $495,000. The project term was extended through Contract
Modification No. 1 in August 2020. In January 2021, Contract Modification No. 2 added $36,149.60
for design and public outreach that was outside of the original scope of work.
Proposed Modification No. 3 increases the contract value by $127,513.00 to a new total of
$658,662.60. The added work will incorporate federal requirements into the construction documents,
add NEPA permitting tasks, expand the stormwater design, and provide engineering and
architectural support during construction. Additionally, the modification includes a management
reserve that may be used if additional federal funding or permitting issues arise.
ATTACHMENTS:
1) Contract Modification No. 3; 2) Site Plan
FISCAL IMPACTS (Include Budgeted Amount): The project is included in the Transportation
Capital Projects budget, and this contract modification is within the budget for the Quincy Square
Project. The overall budget for the Quincy Square project is $5,500,000.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Contract Modification Agreement No. 3 with Rice Fergus Miller, Inc. in an amount
not to exceed $127,513.00 for a total amended contract amount of $658,662.60 for the design of the
Quincy Square Project; and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
3G
Page 1 of 2
Contract Modification
Rev. 10/2019
CONTRACT MODIFICATION AGREEMENT NO. 3
BETWEEN THE CITY OF BREMERTON AND RICE FERGUS MILLER,
Inc.
PROJECT Quincy Square on 4th Street; Project # 315012
CONSULTANT Rice Fergus Miller, Inc.
DATE 08/29/2022
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
Professional Services AGREEMENT (the "Contract") entered into between the City of
Bremerton and Rice Fergus Miller, Inc. on September 28, 2018 and as amended on August
11, 2020 and on January 17, 2022.
All provisions in the Contract shall remain in full force and effect except as expressly modified
by this document.
For valuable consideration and by mutual consent of the parties, the modifications to the
Contract are as follows:
I.
Section I.Scope , is modified as follows:
See amended scope of work attached as Exhibit A.
Section II. Term , is modified as follows:
The Consultant shall complete the work described in this Contract Modification Agreement by
December 31, 2023.
Section III. Compensation , is modified as follows:
The original contract amount was four hundred ninety-five thousand dollars ($ 495,000.00).
The current contract amount, including all previous amendments is five hundred thirty-one
thousand one hundred forty-nine dollars and sixty cents ($ 531,149.60). The City shall pay
the Consultant for the additional work described above, based on time and materials, an amount
not to exceed one hundred twenty seven thousand five hundred thirteen dollars ($ 127,513.00)
for a total amended contract amount of six hundred fifty eight thousand six hundred sixty two
dollars and sixty cents ($658,662.60 ), including this Contract Modification.
II.
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final
settlement of all of the Consultant’s claims for contract time and for all costs of any kind,
Page 2 of 2
Contract Modification
Rev. 10/2019
including without limitation, costs of delays related to any work either covered or affected
by this Contract Modification, claims related to on-site or home office overhead, or lost
profits. This Contract Modification does not limit the City’s right to bring a claim for past
performance.
The undersigned consultant approves the foregoing Contract Modification as to the changes,
if any, in the contract price specified for each item, including any and all supervision costs
and other miscellaneous costs relating to the change in work, and as to the extension of time
allowed, if any, for completion of the entire work due to said Contract Modification.
This document will become a supplement of the contract and all provisions will apply hereto.
It is understood that this Contract Modification shall be effective when approved by the City
of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is binding on the parties of this contract. In addition, Consultant
warrants that it has or will inform the surety of this change and shall take appropriate action
to modify any bonds required under the contract to address this change.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day
and year first written above.
Public Works Director approved to process _________________________ (Initials and Date)
THE CITY OF BREMERTON
By:
Print Name: Greg Wheeler
Its: Mayor, City of Bremerton
Date:
ATTEST:
By:
ANGELA HOOVER, City Clerk
CONSULTANT
By:
Print Name:
Its:
Date:
APPROVED AS TO FORM:
By:
KYLIE J. FINNELL, Bremerton City Attorney
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
City Clerk
City of Bremerton
345 6th Street, Suite 100
Bremerton, WA 98337
R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx
275 Fifth Street, Suite 100
Bremerton, WA 98337
Phone: (360) 377-8773
rfmarch.com
Supplemental Services Agreement
Project: Quincy Square on 4th Street
Owner: City of Bremerton – #315012
Date of Original Agreement: September 28, 2018
SSA No.:
Project No.:
03 August 26, 2022
2017087.01
In accordance with the Agreement referenced above, authorization is hereby given to:
proceed with Additional Services
proceed with revised scope of Basic Services
incur Reimbursable Expenses
As follows:
1. Add budget to perform additional services during final design at the request of the City of
Bremerton – Scope of Work attached as Exhibit A.
2. Rice Fergus Miller additional fee for Project Management
Compensation shall be adjusted as follows:
RFM: $35,960.00
RFM: Project Management Reserve: $20,000.00
Paramatrix (Civil Engineering): $46,748 x 1.10 markup =$51,423.00
Emily Russell (Landscape Architecture): $15,500 x 1.10 markup = $17,050.00
WSW Engineering (Structural): $2,800 x 1.10 markup= $3,080.00
Total: $127,513.00
Time for performance shall be adjusted as follows:
To be determined.
Upon execution, this Supplemental Services Agreement shall become a part of the original
Agreement referenced above, and supplemental services described above shall commence.
Submitted by:
By:
Authorized by Owner:
By:
Printed Name: Dean Kelly Printed Name:
Title: Principal Title:
Date: August 26, 2022
Date:
END OF SUPPLEMENTAL SERVICES AGREEMENT
275 Fifth Street, Suite 100 Bremerton, WA 98337
(360) 377-8773 rfmarch.com
Supplemental Services Agreement 03
Scope of Work – Exhibit A
August 11, 2022
I. Project Description
This document describes Rice Fergus Miller’s proposed scope of work (SOW) for Supplemental
Services Agreement (SSA) 03. The purpose of SSA-03 is to add budget for Rice Fergus Miller to
perform additional architectural and project management services during final design at the
request of the City of Bremerton.
II. Scope of Services
Design and engineering scope of services are as follows:
Note: descriptions listed below are limited to architectural scope. For transportation and civil work, see
the attached complementary proposal from Parametrix. For landscape work, see the attached
complementary proposal from Emily Russell.
Task 1 – Project Administration and Meetings
Objectives: obtain project data, monitor and manage scope, schedule, and budget; periodically
meet with the City of Bremerton and other members of design team to review project status.
Activities: the following activities will be performed:
· Manage and direct the project team and subconsultants.
· Provide routine project management and communication regarding scope, schedule,
budget, and invoicing.
Deliverables: the following deliverables are associated with this task:
· Routine correspondence including monthly progress reports.
· Provide monthly invoice describing number of hours spent on each task.
Assumptions: the following assumptions apply to this task:
· The project duration will be 8 months (May 2022 through December 2022, not inclusive
of Construction Administration services.)
Task 3 – Environmental Documentation
Objective: assist the City in obtaining project National Environmental Policy Act (NEPA)/
Washington State Environmental Policy Act (SEPA) approval. See attached consultant proposals
for list of activities, deliverables and assumptions associated with this task.
Task 5 – Final Design
Objective: prepare Bid Set plans, specifications by responding to City comments to draft 100%
permit set submitted in January of 2022.
Activities: the following activities will be performed:
26
Scope of Work – Exhibit A
City of Bremerton Public Works & Utilities
August 8, 2022
Page 2
· Prepare engineering and design plans for Fourth Street improvement.
· Coordinate consultants’ bid drawings.
· Assist City of Bremerton with building permit submittal to Department of Community
Development for above-ground elements.
· Assist City of Bremerton with bid support including producing bid alternates.
Deliverables: the following deliverables are associated with this task:
· Provide coordinated bid drawing set and specifications containing architectural and
subconsultants with revisions based on City comments.
Assumptions: the following assumptions apply to this task:
· Comments on the final bid set will not require significant design changes. Examples of
significant design changes include modification that require reevaluation by structural
engineer. Any significant design changes would require additional scope and budget and
would be addressed in a separate amendment.
· Review meeting with City Council to discuss results of analysis will be attended by RFM.
Task 6 – Hourly Limited Construction Administrative (CA) Services
Objective: provide limited assistance for the City during the construction phase. See attached
consultant proposals for list of activities, deliverables and assumptions associated with this task.
Activities: the following activities will be performed:
· Attend preconstruction meeting.
· Attend 8 construction meetings (1 per month of construction)
· Make site visits to observe progress and provide direction, minimum 1 per month.
· Review submittals per specifications
· Review substitution requests
· Review and answer RFI’s
Deliverables: the following deliverables are associated with this task:
· Documentation required for submittals, RFI’s.
Assumptions: the following assumptions apply to this task:
· Construction duration will be 8 months.
· Does not cover redesign originating from either owner or unforeseen conditions.
August 11, 2022
26
Project Name
Project Number
BUDGET WORKSHEET
RFM TEAM MATRIX PIC PM ID 1 ID 2 Other Design 1 MED PLN 1 SA SA Program QA SPEC ADMIN
Responsibilities:DK MW Initials Initials Initials Initials Initials Initials Initials Initials Initials Initials HZ
Hourly Rates
Billing Rate $190.00 $150.00 $140.00
Task 1 Project Adminstration and Meetings
L. Code Item Hours Total
100 General 0.00
101 Project Administration 4.00 30.00 8.00 42.00
BD time to be transferred 0.00
Correspondence 0.00
Agreements 0.00
Fee Management 0.00
Schedule 0.00
Coord. Owner-Supplied Doc.0.00
File Management 0.00
102 Consultant Coordination 0.00
103 Agency Coord / Code Review / Permitting 0.00
104 In-House Review / QC / Charrette 0.00
121 Design / Documentation 0.00
Programming 0.00
Feasibility Studies 0.00
132 Construction Cost review 0.00
152 Record Documentation 0.00
187 Travel 0.00
188 Meetings 0.00
Phase Subtotal - Hours 4.00 30.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8.00 42.00
Phase Subtotal - Billing $$760 $4,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,120 $6,380
Task 3 Environmental Documentation
L. Code Item Hours Total
200 General 0.00
201 Project Administration 4.00 10.00 2.00 16.00
Correspondence 0.00
Fee Management 0.00
Schedule Updates 0.00
File Management 0.00
202 Consultant Coordination 0.00
203 Agency Coord / Code Review / Permitting 0.00
204 In-House Review / QC / Charrette 0.00
220 CAD/Revit Model 0.00
221 Design / Documentation 10.00 10.00
232 Probable Construction Cost 0.00
252 Record Drawings 0.00
262 Renderings 0.00
263 Models 0.00
287 Travel 0.00
288 Meetings 0.00
Phase Subtotal - Hours 4.00 20.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.00 26.00
Phase Subtotal - Billing $$760 $3,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $280 $4,040
Task 5 Final Design
L. Code Item Hours Total
300 General 0.00
301 Project Administration 0.00
Correspondence 0.00
Fee Management 0.00
Schedule Updates 0.00
302 Consultant Coordination 0.00
303 Agency Coord / Code Review / Permitting 0.00
304 In-House Review / QC / Charrette 0.00
320 CAD/Revit Model 0.00
321 Design / Documentation 12.00 80.00 92.00
(from DrwgList sheet)0.00
327 Interior Design / Doc.0.00
328 Materials / Specifications 0.00
332 Probable Construction Cost 0.00
352 Record Drawings 0.00
362 Renderings 0.00
363 Models 0.00
370 Tenant Coordination 0.00
387 Travel 0.00
388 Meetings 0.00
Phase Subtotal - Hours 12.00 80.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 92.00
Phase Subtotal - Billing $$2,280 $12,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $14,280
Task 6 Limited Construction Services
L. Code Item Hours Total
300 General 0.00
301 Project Administration 0.00
Correspondence 0.00
Fee Management 0.00
Schedule Updates 0.00
302 Consultant Coordination 0.00
303 Agency Coord / Code Review / Permitting 0.00
304 In-House Review / QC / Charrette 0.00
320 CAD/Revit Model 0.00
321 Design / Documentation 4.00 70.00 74.00
(from DrwgList sheet)0.00
327 Interior Design / Doc.0.00
328 Materials / Specifications 0.00
332 Probable Construction Cost 0.00
352 Record Drawings 0.00
362 Renderings 0.00
363 Models 0.00
370 Tenant Coordination 0.00
387 Travel 0.00
388 Meetings 0.00
Phase Subtotal - Hours 4.00 70.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 74.00
Phase Subtotal - Billing $ $760 $10,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $11,260
PROJECT TOTAL - Hours 20 130 0 0 0 0 0 0 0 0 0 0 10 160
PROJECT TOTAL - Billing $$3,800 $19,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,400 $35,960
Workbook: f:\projmang\pmforms\1-predes\gen\2019 RFM Fee Master Two Way - Amendment 03
Worksheet: Budget
Page 1
Print Date:8/8/2022
Rice Fergus Miller
Quincy Square 1
233-1896-161
August 2022
EXHIBIT A – SCOPE OF WORK
Rice Fergus Miller
Quincy Square
Modification 03 Request
INTRODUCTION
This document describes Parametrix’s proposed scope of work (SOW) for Modification 03 under our existing
contract for the Quincy Square project. The purpose for Modification 03 is to add budget for Parametrix to
perform additional engineering services during final design and during construction as requested by the City of
Bremerton.
A proposed schedule is included in this scope as Exhibit B and our proposed budget is attached as Exhibit C.
The following tasks are associated with this SOW.
Task 1 – Project Management and Meetings
Objective
Continue project management through final design.
Activities
The following activities will be performed as part of this task:
•Manage and direct the project technical team.
•Provide routine project management and communications (scope, schedule, budget, and invoicing).
•Prepare monthly progress reports and progress billings and submit to the City for approval and payment.
Deliverables
The following deliverables will be prepared:
•Routine correspondence and monthly progress reports
•Meeting agendas and notes
Assumptions
The following assumptions apply to this task:
•Project duration will be 8 months for design (May through December 2022) and an additional 11 months
for construction (January through November 2023). The Parametrix project manager will require an
SCOPE OF WORK (continued)
Rice Fergus Miller
Quincy Square 2
233-2519-010
August 2022
average of 1 hour per month for project management and internal staff coordination during the design
period and ½ hour per month during the construction period.
Task 03 – Environmental Documentation
Objective
Complete National Environmental Policy Act (NEPA) documentation as required by the granting agency, the
Department of Housing and Urban Development (HUD).
Activities
The following activities will be performed:
•Modify draft HUD NEPA forms previously developed by Parametrix to address changes to the forms since
the draft forms were completed in 2019.
Deliverables
The following deliverables are associated with this task:
•Draft and final updated NEPA forms.
Assumptions
The following assumptions apply to this task:
•The form revisions will require 16 hours of Engineer III time.
Task 5 – Final Design
Objective
Complete bid set plans, specifications, and estimate (PS&E) by responding to City comments to the draft 100%
PS&E submitted in January of 2022. Review comments were received on June 15, 2022.
Activities
The following activities are associated with this task:
•Respond to City comments.
•Update contract special provisions to meet requirements of federal grant funds.
•Replace two existing luminaires on the segment from Washington Ave to the alley with new Lumec
luminaires.
•Install new light fixtures for the relocated mural (mural relocated from the alley intersecting 4th Street to
the 4th Street frontage. The mural illumination fixture will consist of a flood light affixed to the new
replacement light pole located on the south side of 4th Street.
SCOPE OF WORK (continued)
Rice Fergus Miller
Quincy Square 3
233-2519-010
August 2022
Deliverables
The following deliverables are associated with this task:
•Bid set PS&E including revised plans, engineer’s opinion of probable cost, special provisions, and contract
documents.
Assumptions
The following assumptions apply to this task:
•The flood light fixture will have a shield to minimize obtrusive stray light and the mural illumination will be
minimal to be considerate of the surrounding residency.
•The mural flood light will be controlled by the same street lighting electrical circuit as the new
replacement light pole (street light).
•Comments on the final bid set PS&E in addition to the comments received on July 15, 2022 will address
omissions and cleanup and will not require significant design changes. Examples of significant design
changes include the addition of drainage structures, pavements, sidewalk, curb and gutter, or lighting. Any
significant design changes would require additional scope and budget and would be addressed in a separate
contract modification.
TASK 6 – ENGINEERING SERVICES DURING CONSTRUCTION (NEW TASK)
Objective
Provide engineering support during the construction phase of the project.
Activities
The following activities are associated with this task:
•Review Contractor’s submittals for compliance with the specifications.
•Respond to applicable Contractor’s requests for information (RFIs).
•Attend site walks at the request of the City.
Deliverables
The following deliverables are associated with this task:
•Hard copies and electronic copies of responses to material submittals, cut sheets, and shop drawing
review.
Assumptions
The following assumptions apply to this task:
•The construction schedule will be approximately May 2023 to November 2023.
•Parametrix will attend up to eight site visits at an estimated 2 hours each.
SCOPE OF WORK (continued)
Rice Fergus Miller
Quincy Square 4
233-2519-010
August 2022
•Parametrix will review and respond to a total of ten civil submittals at an estimated 2 hours each, ten
electrical submittals at an estimated 2 hours each, and eight RFIs at an estimated 2 hours each.
SCOPE OF WORK (continued)
Rice Fergus Miller
Quincy Square 5
233-2519-010
August 2022
Exhibit B - Schedule
Work Element Completed By
Notice to Proceed (verbal)
Final 100% PS&E
Draft Bid Set PS&E
Bid Set PS&E
Construction Contract Executed
Construction
May 15, 2022
October 31, 2022
November 30, 2022
December 31, 2022
April 1, 2023
November 30, 2023
Note: Schedule assumes one week City review period.
PARAMETRIX EXHIBIT C - BUDGET 8/25/2022
RFM
TOTAL TOTAL
TASK SUBTASK 3.0 Burdened Labor Rate $250.44 $133.68 $198.75 $219.03 $229.53 $140.73 $121.68 $127.14 $133.08 $158.64 HOURS COST
1 1 Project Management and Meetings
Additional PM - 19 months (May 2022 through November 2023)14 14 14 1 43 $7,308
Subtotal 14 14 14 1 43 $7,308
1 3 Environmental Documentation
NEPA Update for Federal Requirements 2 16 18 $2,640
Subtotal 2 16 18 $2,640
1 5 Final Design - 100% and Bid Set PS&E
Delineate 4th Drainage Basin and Revise Drainage TM 2 8 4 14 $2,057
Coordination with Biopod to Select Appropriate Treatment Vaults 1 4 5 $785
Add Treatment Vault to Sheet C08 and Update Specifications and EOPC 2 8 10 $1,570
Respond to Additional Round of City Comments (Draft Final Bid Set)2 40 12 1 4 59 $9,269
Replace 2 Additional Luminaires 1 4 0.5 2 8 $1,523
Add Spotlight on Luminaire to Illuminate Mural 1 4 0.5 2 8 $1,523
Draft Final Bid Set Comment Review Meeting 2 2 4 $768
Update Special Provisions to Meet Federal Requirements 2 12 2 6 22 $3,273
QC 2 2 $398
Subtotal 8 54 2 22 2 8 6 102 $21,166
1 5 Engineering Services During Construction
Site Visits (up to 8 at 2 hours each)12 4 16 $3,881
Civil Submittal Review (up to 10 at 2 hours each)10 10 20 $3,841
Electrical Submittal Review (up to 10 at 2 hours each)20 20 $4,381
RFIs (up to 8 at 2 hours each)2 8 6 16 $2,885
Mileage (Puyallup to Bremerton, 2 trips)$100
Subtotal 24 18 26 72 $15,088
1 ESC Salary Escalation
Salary Escalation (assumes 3% salary increase effective 10/1/22)$547
Subtotal $547
TOTAL 48 88 2 48 2 8 6 14 14 1 235 $46,748
David Dinkuhn, PE Reviewed By: Jenifer Young
(Project Manager)(Division Manager)
Prepared By:
233-2519-010
Elec.
Designer III
D. Petersen
Sr Elec.
Eng.
C. Wittman
Sr. Elec.
Eng.
R. Rohler
Sr. Eng.
M. Wilde
Project:
STAFFPMX #
Quincy Square - FINAL DESIGN (Modification 03)
Sr. Proj.
Acct.
L. Gilbertson
BILLING
MULT.:
Proj
Controls
S. Harris
PM
D.
Dinkuhn
Contracts
J.N.
Johnson
Client:
Eng III
J.
Johnson
Pub Supr
A. Lucas
Page 1
Emily Russell Landscape Architecture
245 4th St. #501
Bremerton, WA 98337
360.990.1720
emily@russelldesignsource.com
www.erlandarch.russelldesignsource.com
08.02.2022
Mike Wright
Rice Fergus Miller, Inc.
275 Fifth St., Suite 100
Bremerton, WA 98337
Re: Addendum to Proposal for Landscape Architectural Services for Quincy Square
Dear Mike,
Thank you for the continued opportunity to provide landscape architectural services for Quincy Square in
Bremerton, WA. Below please find the addendum to our original contract for the anticipated additional
revisions from 8/10-9/15 based on City comments on the final bid documents, as well as during the NEPA
process.
Revisions for Final Plan:Estimated Hours: 80
Estimated Cost: $12,400
Construction Administration:Estimated Hours: 20
Estimated Cost: $3,100
Hourly Rate:$155
Sincerely,
Emily Russell, PLA, ASLA
Registered Landscape Architect and Owner of Emily Russell Landscape Architecture
Approved by:
For Client:____________________________________________________________________________
Date:__________________________________________________________________________________
Emily Russell Landscape Architecture | Quincy Square | Landscape Architectural Services 1
WSW ENGINEERING PLLC | 8625 NE STAGER CT | BAINBRIDGE ISLAND, WA 98110 | (206) 402-2906
July 26, 2022
Michael Wright
Rice Fergus Miller
275 Fifth Street, Suite 100
Bremerton, WA 98337
Quincy Square
Raised Performance Stage
Additional Services / Construction Administration
Bremerton, WA
Dear Michael,
We are pleased to submit this proposal for structural engineering consultation for
Construction Administration for the Quincy Square project.
Additional Scope of Services
The additional services included in this proposal is as follows:
1. Provide Construction Administration services for an estimated eight-week
duration of structural engineering engagement.
Proposed Fee
Effort for the Additional Scope of Services above will be billed on an hourly basis at $150 per
hour. We estimate the billing for the remaining duration of the project at Two Thousand Eight
Hundred Dollars ($2,800). Should we anticipate that our effort will exceed this estimate, we
will contact your office for approval before proceeding. Effort will be billed on a monthly basis.
Assumptions and Additional Services
Structural services not included in the Basic or Additional Scope of Services may be available
on request under a separate agreement. Any revisions or additions of project scope to the
scope outlined above will be considered as an Additional Service.
The Client allows the following time periods for the return of submittals:
1. Requests for Information (RFIs)......................................................................2 days
2. Shop Drawings, Product Data, other submittals................................10 days
Periods are business days beginning on the first full day after receipt by WSW. In the event
that a submittal cannot be returned in this time frame, WSW will notify the Client in a
reasonable timeframe prior to the due date.
WSW ENGINEERING PLLC | 8625 NE STAGER CT | BAINBRIDGE ISLAND, WA 98110 | (206) 402-2906
Limitations
Consultant’s services shall be provided consistent with and limited to the professional
standard of care which is the skill and care ordinarily provided by similarly situated
professionals practicing in the same or similar locality under the same or similar
circumstances. Such standard of care is not a warranty or guarantee and consultant shall have
no such obligation. Accordingly, client shall provide appropriate contingencies in both
schedule and cost.
This Agreement and the deliverables, obligations, and rights herein are intended for the sole
use and benefit of the Parties and are not intended to create any third party rights or benefits.
This Agreement and the design may not be transferred or assigned by either Party without
written consent. Consultant shall not be responsible for the statements, performance, acts,
errors, or omissions of any person or entity not under its direct control.
Consultant shall be deemed the owner of its Instruments of Service, including the Plans,
Drawings and Specifications, and shall retain all common law, statutory and other reserved
rights, including copyrights. Consultant grants to the Client a nonexclusive license to use the
Instruments of Service solely and exclusively for purposes of constructing, using, maintaining,
altering, and adding to the Project, provided that the Client substantially performs its
obligations under this Agreement, including prompt payment of all sums due hereunder.
Client expressly agrees that any liability arising out of this project shall be limited to the
Consultant and its applicable insurance and shall not be the basis of personal liability as to
Consultant’s owners, officers, directors, or employees.
The terms of the Proposal shall be effective for 90 days after presentation to Client. In the
event this Agreement is not executed by Client within the time identified, the Proposal,
together with any related terms and conditions and deliverables, may be subject to
amendment, change or substitution. Once accepted by the Client, this proposal shall
become the effective agreement between the Client and WSW Engineering PLLC.
Please call if you have any questions.
Sincerely,
Bill Williams, P.E., S.E.
Consultant
Rice Fergus Miller
Client
Signed:Signed:
Date:Date:07-26-2022
QUINCY SQUARE | DESIGN PROCESS AND COMMUNITY OUTREACH SUMMARY | JUNE 2022 4
QUINCY SQUARE SITE PLAN
PACIFIC AVE.ROXY
THEATER
HOTEL
COMMUNITY
MURAL
4TH STREET
QUINCY SQUARE | PUBLIC MEETING | JANUARY 2022
QUINCY SQUARE
DESIGN UPDATES
QUINCY SQUARE | PUBLIC MEETING | JANUARY 2022
QUINCY SQUARE
DESIGN UPDATES
STREET CLOSURE SIGNSINTERACTIVE ELEMENTS
AND FURNITURE
OUTDOOR STAGE
QUINCY JONES
FOCUSED SCULPTURE
ELEMENT
INTERPRETIVE
HISTORICAL SIGNAGE,
6 LOCATIONS
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: September 14, 2022
Contract Modification No. 4 with Parametrix,
Inc. for the Kitsap Lake Park Renovation
Project and related Budget Adjustment
COUNCIL MEETING Date: September 21, 2022
Department: Parks & Recreation
Presenter: Jeff Elevado
Phone: (360) 473-5428
SUMMARY: In October of 2020, Council approved the Professional Services Agreement with
Parametrix, Inc. for A&E Services for the Kitsap Lake Park Renovation Project. There have been
three contract modification executed to date. Modification No. 1 in the amount of $17,045 for
additional survey and engineering services related to the addition of the children’s playground that
was not part of the original scope, but later added to the project following award of a $252,000
Department of Commerce grant. Modification No. 2 in the amount of $2,306 for additional survey
scope relative to a required Department of Natural Resources Aquatic Lease. Modification No. 3 in
the amount of $2,534 for added scope to identify and monitor potential heron nesting near the project
site.
The proposed Contract Modification No. 4 is in the amount of $59,575, which brings the total contract
amount to $195,349. The added scope of work includes the following:
1) Engineering services during construction, submittal review and on-site engineering support.
2) Permitting support services related to coordination with WDFW and the Suquamish Tribe.
3) Preparation of the required Biological Assessment to meet the Army Corps of Engineers
requirement for a formal Endangered Species Act (ESA) Consultation with the National Marine
Fisheries Services (NMFS).
ATTACHMENTS: 1) Exhibit A, B & C – Parametrix, Inc. Change Order No. 4 (Scope of Work,
Schedule and Budget); 2) Contract Change Order No. 4
FISCAL IMPACTS (Include Budgeted Amount): Project estimate: $1.6M. Funding is comprised of the
following: $556,200 RCO-Boating Facilities Program Grant; $438,200 RCO-Aquatic Land Enhancement
Account Grant; $252,800 Department of Commerce-Local & Community Projects Grant; $89,400 COB
Stormwater Utility; 48,023 CDBG; $10,000 Bremerton Park Foundation Grant. The remaining balance of
approximately $204,300 will be funded through Parks Capital Construction Fund Balance, Force Account
Labor, REET and donations.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Contract Modification No. 4 with Parametrix, Inc, in the amount of $59,575 for a total
contract amount of $195,349, for the Kitsap Lake Park Renovation and authorize the Mayor to finalize
and execute the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
3H
CITY OF BREMERTON
CHANGE ORDER
CONTRACT CHANGE ORDER NO: 04
PROJECT NAME: KITSAP LAKE PARK RENOVATION PROJECT
PROJECT NO: 59163 CONTRACTOR: PARAMETRIX, INC.
ORIGINAL CONTRACT AMOUNT: 113,889.00 DAYS: March 2021
PREVIOUSLY APPROVED
CHANGES:
21,885.42 DAYS: 0
THIS CHANGE: 59,575.00 DAYS: October 2025
REVISED CONTRACT AMOUNT: 195,349.42 DAYS: October 2025
This Change Order covers changes to the subject contract as described herein. The Contractor shall
construct, furnish equipment and materials, and perform all work as necessary or required to complete
the Change Order Items. The increase or decrease in contract price shown below includes any
applicable taxes.
Rule 170 Rule 171 DESCRIPTION OF CHANGES INCREASE IN
CONTRACT
AMOUNT
($)
(DECREASE) IN
CONTRACT
AMOUNT
($)
CONTRACT
TIME
EXTENSION
(DAYS:)
X
Contract Modification No. 4
Added SOW to include:
1. Engineering Service during construction.
2. Permitting Services relative to coordination with
Washington Department of Fish and Wildlife and The
Suquamish Tribe.
3. Preparation of a Biological Assessment meeting US
Army Corps of Engineers requirements for a formal
consultation with the National Marine Fisheries Service.
59,575.00
0.00
Oct. 2025
NET CHANGE IN CONTRACT AMOUNT
INCREASE OR (DECREASE)
59,575.00 0.00 0
ESTIMATED SALES TAX AT 9.0% 0.00 0.00
TOTAL INCLUDING SALES TAX 59,575.00 0.00 0
CONTRACT CHANGE ORDER NO: _04_
PROJECT NAME: KITSAP LAKE PARK RENOVATION PROJECT
Page 2 of 2
Change Order
Rev. 06/2018
Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims
of any kind or nature arising from or connected with any work either covered or affected by this Change
Order, including, without limitation, claims related to contract time, on-site or home office overhead, or
lost profits. Nothing in this Change Order shall limit the City’s right to bring a claim for past performance.
The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the
contract price specified for each item, including any and all supervision costs and other miscellaneous
costs relating to the change in work, and as to the extension of time allowed, if any, for completion of
the entire work due to said Change Order.
This document will become a supplement of the contract and all provisions will apply hereto. It is
understood that this Change Order shall be effective when approved by the City of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a change order
that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform
the surety of this change, and shall take appropriate action to modify any bonds required under the
contract to address this change.
CONTRACTOR
Approved: DATE:
PROJECT MANAGER
Recommended: DATE:
CITY ENGINEER
Council action is required as project cost will exceed approved budget. Yes No
Council action is required as change exceeds Mayors authority per BMC 2.76.110. Yes No
Recommended: DATE:
DIRECTOR OF PARKS AND RECREATION
Recommended: DATE:
MAYOR
Approved: DATE:
APPROVED AS TO FORM: ATTEST:
___
KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk
City of Bremerton 233-1896-174
Kitsap Lake Park Renovation Project 1 August 2022
Change Order 4 - Engineering Services During Construction and
Additional Permitting Services
EXHIBIT A
SCOPE OF WORK
City of Bremerton
Kitsap Lake Park Renovation Project
Change Order 4 - Engineering Services During Construction and Additional Permitting
Services
INTRODUCTION
This document describes Parametrix’s proposed scope of work (SOW) for Change Order 4 under our existing
contract. The purpose for Change Order 4 is to request budget for completion of the following additional services:
1. Engineering services during construction.
2. Preparation of a Biological Assessment meeting United States Army Corps of Engineers (USACE)
requirements for a formal consultation with the National Marine Fisheries Service (NMFS).
In addition to the items listed above, a budget supplement of $7,763.00 is requested for additional permitting
services performed for the project to date. This additional permitting work was necessary to address
unanticipated project complexities and delays, including 1) extra staff time for coordination with the assigned
Washington Department of Fish and Wildlife (WDFW) representative, who is new to freshwater projects; 2) extra
coordination with the USACE due to extended delays in permitting; and 3) additional coordination with WDFW
over Tribal concerns regarding the presence of an active heron’s nest that could be potentially impacted by the
project.
A proposed schedule is included in this scope as Exhibit B and our proposed budget is attached as Exhibit C.
SCOPE OF WORK
Task 1 – Project Management and Meetings
Objective
Continue project management through the construction phase of the project.
Activities
The following activities will be performed as part of this task:
Manage and direct the project technical team.
Provide routine project management and communications (scope, schedule, budget, and invoicing).
Prepare monthly progress reports and progress billings and submit to the City for approval and payment.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-174
Kitsap Lake Park Renovation Project 2 August 2022
Change Order 4 - Engineering Services During Construction and
Additional Permitting Services
Deliverables
The following deliverables are associated with this task:
Routine correspondence and monthly progress reports
Meeting agendas and notes
Assumptions
The following assumptions apply to this task:
The permitting process may take up to 24 months and construction will occur during the fish window of
2025. Thus, project duration will be 37 months through construction (September 2022 through October
2025). The original project schedule assumed the project would be completed in September 2021.
Project management will require 1 hour per month for the Parametrix project manager (PM) through
submittal of the Final biological assessment (BA) (2 months). There will likely be periods without
significant project activity during the permitting process and after the project is bid but before
construction starts. For this reason, it is assumed the Parametrix PM will require an average of 3/4 hour
per month following the BA submittal (35 months).
Task 02 – Permitting
Objective
Provide additional permitting services to assist the City in obtaining the USACE Nationwide permit.
Activities
The following activities will be performed as part of this task:
Prepare a BA using the previously-prepared Biological Evaluation (BE) for the project. Relevant data from
the BE will be copied and pasted into the BA document. New work for the BA is summarized below.
BA Section Additional effort (beyond copy-and-paste)
Est. Level
of Effort
(hours)
I. Background/History Update project history, correspondence 8
II. Action, Action Area Update and expand, including description of ongoing boat use.
Identify Interrelated and Interdependent Actions. Expand description
of extent of action area.
16
III. Species and Critical
Habitat
Expand discussions of biological requirements, factors in population
declines, and population trends.
24
IV. Environmental
Baseline
Include state, Tribal, local, and private actions already affecting the
species or that will occur contemporaneously with the consultation in
progress.
16
SCOPE OF WORK (continued)
City of Bremerton 233-1896-174
Kitsap Lake Park Renovation Project 3 August 2022
Change Order 4 - Engineering Services During Construction and
Additional Permitting Services
BA Section Additional effort (beyond copy-and-paste)
Est. Level
of Effort
(hours)
V. Effects of the Action Expand stormwater analysis, new analysis of boating impacts. 24
VI. Cumulative Effects Detail all non-federal actions reasonably certain to occur in the action
area in the foreseeable future.
12
VII. Other Communicate and coordinate with City, USACE, and NMFS 16
VIII. QC 6
TOTAL 122
Deliverables
The following deliverables are associated with this task:
Draft and final BA in electronic format
Documentation for files and email correspondence with USACE and NMFS.
Assumptions
The following assumptions apply to this task:
The stormwater analysis will continue to be qualitative with no additional modelling required.
The duration of the permitting process for the USACE permit will be 24 months from submittal of the BA.
Additional effort for coordination and preparation of a mitigation plan (if required by NMFS) will be
performed under a future contract amendment.
The heron nesting issue has been resolved and will not require additional Parametrix effort for
permitting.
Task 4 – 60%,90%, 100%, and Final Plans, Specifications, and Estimates (PS&E)
Objective
Update current project PS&E documents for bidding in 2024.
Activities
The following activities will be performed as part of this task:
Update cost estimate using bid tabulations from recent projects and as published by the Washington
State Department of Transportation (WSDOT).
SCOPE OF WORK (continued)
City of Bremerton 233-1896-174
Kitsap Lake Park Renovation Project 4 August 2022
Change Order 4 - Engineering Services During Construction and
Additional Permitting Services
Compare general special provisions (GSPs) with 2025 WSDOT and American Public Works Association
(APWA) GSPs and update as needed.
Deliverables
The following deliverables are associated with this task:
Final stamped PS&E for bidding
Assumptions
The following assumptions apply to this task:
The only required changes to the current PS&E documents will be updated GSPs and EOPC.
Additional design effort for project mitigation (if required by NMFS) will be performed under a future
contract amendment.
Task 4 – Engineering Services During Construction
Objective
Provide engineering support during the construction phase of the project.
Activities
The following activities are associated with this task:
Attend construction meetings as requested.
Review Contractor’s submittals for compliance with the specifications.
Respond to applicable Contractor’s Requests for Information (RFIs) and requests for change orders and
make recommendations to the City.
Attend site walks at the request of the City.
Revise design documents in response to changes encountered during construction.
Respond to unanticipated issues related to heron nesting or other unanticipated issues affecting project
permits.
Deliverables
The following deliverables are associated with this task:
Hard copies and electronic copies of responses to material submittals, cut sheets, shop drawing review,
RFI responses, and revised design documents
Assumptions
The following assumptions apply to this task:
SCOPE OF WORK (continued)
City of Bremerton 233-1896-174
Kitsap Lake Park Renovation Project 5 August 2022
Change Order 4 - Engineering Services During Construction and
Additional Permitting Services
Parametrix will review and respond to shop drawing submittals and engineering calculations at an
estimated 4 hours each, material submittals at an estimated 1 hour each, and RFIs at an estimated 1 hour
each. It is assumed that a total of 4 shop drawings/engineering calculations submittals, 16 materials
submittals, and 4 RFIs will be reviewed (36 hours).
The Parametrix PM and/or one lead staff will attend up to 4 site meetings at 2 hours each (16 hours).
The Parametrix permitting lead will respond to issues related to heron nests or other unanticipated issues
affecting project permits (8 hours).
Hours for support are 12 hours for the Parametrix PM, 24 hours for the project landscape architect, 8
hours for the project planner, and 16 hours for the project structural engineer for a total of 60 technical
staff hours.
SCOPE OF WORK (continued)
City of Bremerton 233-1896-174
Kitsap Lake Park Renovation Project 6 August 2022
Change Order 4 - Engineering Services During Construction and
Additional Permitting Services
EXHIBIT B - SCHEDULE
Work Element Completed By
Notice to Proceed September 1, 2022
Draft BA (6 weeks) October 14, 2022
Final BA (2 weeks) October 28, 2022
Permits Received (24 months) October 28, 2024
Construction October 31, 2025
PARAMETRIX EXHIBIT C - BUDGET 8/12/2022
Kitsap Lake Park Renovation - Change Order 04
City of Bremerton Public Works
TOTAL TOTAL
Task Subtask 3.00 Billing Rate $250.44 $178.47 $173.07 $126.27 $226.59 $121.68 $127.14 $97.50 HOURS COST
1 Project Management and Meetings
PM (September 2022 through October 2025 = 37 months) 28 28 28 84 $13,302
Subtotal 28 28 28 84 $13,302
2 Permitting
Additional Permitting Services to Date (lump sum) $7,763
Prepare Biological Assessment for Formal Consultation 116 4 120 $21,189
Coordination and QC 2 6 8 $1,539
Subtotal 2 116 6 4 128 $30,492
3 60%, 90%, 100%, and Final PS&E
Update Contract Provisions per 2025 WSDOT Std Specifications 1 4 5 $737
Update Eng. Opinion of Prob. Costs (EOPC) 2 8 10 $1,511
Subtotal 3 8 4 15 $2,248
4 Engineering Services During Construction
Engineering Services During Construction 12 8 24 16 60 $11,089
Subotal 12 8 24 16 60 $11,089
$2,444
CHANGE ORDER 04 TOTAL 45 124 6 32 16 8 28 28 287 $59,575
Salary Escalation 3% average annual salary increases effective on 10/1/22, 10/1/23, and 10/1/24
PC
S. Harris
PA
K. Hale
LA
J.Ceralde
Project:
STAFFPMX #BILLING
MULT.:
PM
D. Dinkuhn
Client:
233-1896-174
WP
A. Lucas
Str. Eng.
S. Wagner
Sr Sci.
M. Hall
Sr. Sci.
T.
Schwager
8/12/2022 FINAL CO4 Kitsap Lake Budget 081222.xlsx
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: September 14, 2022
Interagency Agreement with WA State
Department of Enterprise Services for
Energy Savings Performance Contracting
Program
COUNCIL MEETING Date: September 21, 2022
Department: PW &U
Presenter: Eric Burris
Phone: (360) 473-5448
SUMMARY: The State of Washington has a contracting program for public agencies that provides
contract and project management oversight of capital projects with a focus on energy conservation.
This program, known as the Energy Savings Performance Contracting (ESPC) program, is
authorized under RCW 39.35 and managed by Washington State Department of Enterprise Services
(DES). The City has used this program in the past for feasibility evaluation, design, procurement, and
construction of energy-saving capital improvements. The client agencies benefit through energy
savings and management of the capital process by DES and a third-party Energy Service Company
(ESCO) pre-qualified by DES. The City used this program in 2018 for substantial upgrades at
Sewage Pump Station CE-1. This Interagency Agreement establishes the partnership between DES
and the City to allow the City to participate in the ESPC program.
ATTACHMENTS: Interagency Agreement between the City of Bremerton and the Washington State
Department of Enterprise Services
FISCAL IMPACTS (Include Budgeted Amount): None for executing the Interagency Agreement.
Costs will be associated with projects that will be delivered under the DES ESPC program, and a
separate fee is paid to DES per their fee schedule.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve the Interagency Agreement between the Washington
State Department of Enterprise Services and the City of Bremerton, and authorize the Mayor to
finalize and execute the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
3I
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: September 14, 2022
Agreement with WA State Department of
Enterprise Services for Investment Grade
Audit of the Eastside Treatment Plant
COUNCIL MEETING Date: September 21, 2022
Department: PW&U
Presenter: Eric Burris
Phone: (360) 473-5448
SUMMARY: The State of Washington has a contracting program for public agencies that provides
contract and project management oversight of capital projects with a focus on energy conservation.
This program, known as the Energy Savings Performance Contracting (ESPC) program, is
authorized under RCW 39.35 and managed by Washington State Department of Enterprise Services
(DES). The City is participating in this program to perform an investment grade audit (IGA) of the
Eastside Treatment Plant, with a particular focus on the ultraviolet disinfection system. The
expectation is that an equipment upgrade of this system would qualify for replacement under the
ESPC. The City has selected Trane, Inc., to perform the audit. Trane is one of 14 companies that
have been pre-qualified by DES to perform this type of work. The City used this program in 2018,
working with Trane and DES, for substantial upgrades at Sewage Pump Station CE-1.
Upon execution of this agreement with DES, DES will execute the Energy Services Authorization
with Trane on the City’s behalf to proceed with the IGA; the fee for the audit is $373,562. It is
expected this work would form the basis of a follow-on design build to upgrade the equipment.
ATTACHMENTS: 1) Agreement No. 2023-019 A(1) between DES and Bremerton; 2) Energy
Services Authorization No. 2023-019 A(1); 3) Trane scope and fee proposal for IGA at Eastside
Treatment Plant.
FISCAL IMPACTS (Include Budgeted Amount): This project is budgeted for $500,000 in 2023 and
$4,000,000 in 2024.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve Agreement No. 2023-019 A(1) between the
Washington State Department of Enterprise Services and the City of Bremerton, and authorize the
Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
3J
July 21, 2022
TO: Greg Wheeler, City of Bremerton
FROM: Kim Obi, Contracts Specialist, (360) 407-8273
RE Agreement No. 2023-019 A (1)
Investment Grade Audit – City of Bremerton Eastside Treatment Plan Upgrade
IAA No. K7699
Trane U.S., Inc.
SUBJECT: Funding Approval
The Dept. of Enterprise Services (DES), Energy Program, requires funding approval for the above
referenced contract documents. The amount required is as follows:
ESCO Audit $373,562.00
Total Funding $373,562.00
In accordance with the provisions of RCW 43.88, the signature affixed below certifies to the
DES Energy Program that the above identified funds are appropriated, allotted or that
funding will be obtained from other sources available to the using client/agency. The
using/client agency bears the liability for any issues related to the funding for this project
By
Name / Title Date
Please sign and return this form to E&AS. If you have any questions, please call me.
2023019Aagrfundko
Authorization No. 2023-019 A (1) Page 1 of 2
ENERGY SERVICES AUTHORIZATION NO. 2023-019 A (1)
Detailed Investment Grade Energy Audit & Energy Services Proposal Agreement
City of Bremerton
City of Bremerton Eastside Treatment Plant Upgrades
July 21, 2022
MASTER ENERGY SERVICES AGREEMENT NO. 2021-121 L (12)
The Owner and the Energy Services Company (ESCO) named below do hereby enter into this
Authorization under terms described in the following sections:
Authorization to Proceed Project Conditions
Compensation for Energy Services
I. AUTHORIZATION TO PROCEED:
Energy Services Company: Owner:
Trane U.S., Inc. City of Bremerton
2333 158th Court NE acting through the
Bellevue, WA 98008 Department of Enterprise Services
Telephone No. (425) 503-9958 Energy Program
Fax No. (425) 643-4314 PO Box 41476
E-Mail jon.donahue@trane.com Olympia, WA 98504
By By
Name Name Kirsten G. Wilson, PE
Title Title Energy Program Manager
Date Date
State of Washington Contractor’s License No. TRANE**934RE
State of Washington Revenue Registration No. 409 002 086
MWBE Certification No.
II. COMPENSATION FOR ENERGY SERVICES:
Basic Services COMPENSATION
Energy Audit and Energy Services Proposal $ 373,562.00
Grand Total (plus WSST as applicable) $ 373,562.00
Authorization No. 2023-019 A (1) Page 2 of 2
III. PROJECT CONDITIONS:
The Project Conditions contained in the Master Energy Services Agreement will be used
unless specifically changed herein. The cost effectiveness criteria for this project are per
the Trane U.S., Inc. proposal dated July 12, 2022.
IV. SCOPE OF WORK:
Per the ESCO proposal dated July 12, 2022, conduct a Detailed Investment Grade Energy
Audit of City of Bremerton, Eastside Treatment Plant, to identify cost effective energy
conservation measures and present a written Energy Services Proposal, including all
energy audit documentation. The ESCO shall prepare the final Energy Services Proposal,
detailing the actual energy services and ESCO equipment to be provided, energy savings
and cost guarantees, measurement and verification plans, and commissioning plans for the
proposed measures. Measures will include items that save energy, water and other
resources. The Cost Effectiveness Criteria for this project shall be as established in the
Master Energy Services Agreement or as modified in Section III above.
V. SCHEDULE FOR COMPLETION
Final completion of the Energy Audit and Energy Services Proposal within 210 calendar days
after Authorization to Proceed.
2023019Aagrko
1
City of Bremerton, Phase 4
Investment Grade Audit Proposal, Eastside Treatment Plant
July 12, 2022
Mr. Steve Bolinger
Department of Enterprise Services
1500 Jefferson Street SE
PO Box 41476
Olympia, WA 98504-1476
SUBJECT: Detailed Investment Grade Audit Fee Proposal
City of Bremerton ETP – Phase 4 Eastside Treatment Plant Upgrades
Dear Steve:
We are pleased to submit this Investment Grade Audit (IGA) Proposal for energy improvements at City of
Bremerton’s Eastside Treatment Plant (ETP). This project will replace existing equipment for UV Disinfection
Operations. Trane will provide IGA level engineering services, project development, cost estimating,
energy/operational savings calculations, pre-retrofit measurement and verification, support with grant applications if
applicable, and coordination with the utility provider if applicable for the subject project in accordance with the
following:
Trane will undertake a detailed Investment Grade Audit (IGA) of specific systems within the ETP. The primary
focus of the IGA includes the elements listed below to assemble a project that meets the defined cost effectiveness
criteria, achieves the operational goals of the City, and may be submitted for applicable utility incentives and grants.
Primary IGA Focus/Scope of Work
The Energy Conservation Measures (ECMs) to be studied as part of this IGA are summarized below.
ECM-1. Upgrade Eastside Treatment Plant UV System:
The intent of this measure is to replace the existing aging UV system and control panels with new energy efficient
equipment. The ETP has experienced operational challenges including sand carryover from the clarification basin,
significant foaming in the upstream channel of the UV system, issues with the turbidity monitoring based control
system, and communication problems within the UV control system. The measure will replace the Trojan UV
System, main control panel (UVCP), Actiflo control panel (HRCCP), and EPCP Panel. The IGA assumes the UV
system will be located in the existing disinfection facility. Trane will select a new UV system with adequate capacity
for the plant and that optimizes future energy use and maintenance costs.
1.Scope of Work Development
a.Procure and manage sub-consultants
b.Trane will prepare a preliminary scope narrative to include catalog information, technical specifications
for selected equipment, and a description of the suggested construction phasing plan .
c.Trane will conduct site visits as necessary to review current conditions and identify potential conflic ts.
d.Trane will prepare a work scope narrative to be used, in place of specifications, with the preliminary
design drawings for bidding the ETP upgrades. The work scope narrative will consist of an overall
description, a list and description of major work items and equipment, a general control narrative
description, an overall description of suggested construction phasing, and an overview of electrical and
control requirements and instruments.
e.Trane will work with Puget Sound Energy (PSE) to evaluate ener gy savings and identify any applicable
utility incentives. Trane will work with the City to quantify any material and labor savings, as applicable,
and provide input on the anticipated enhancements of improved performance and efficiency.
f.The final preliminary design documents are estimated to be approximately 30% and will include the
following drawings, however the actual drawing index may vary during the course of the IGA. The
preliminary design effort will include the following elements;
2023-019
K7699
2
City of Bremerton, Phase 4
Investment Grade Audit Proposal, Eastside Treatment Plant
Sheet
No.
Drawing
No.
Drawing Name
1 G-1 Cover Sheet
2 G-2 Sheet Index and General Notes
3 G-3 Existing Site Plan
4 C-1 Hydraulic Profile and Design Criteria
5 C-1 Civil Notes
6 C-2 Proposed Civil Plan
7 M-1 Mechanical Notes
8 M-2 Mechanical Demo Plan
9 M-3 Mechanical Plan
10 M-4 Mechanical Sections
11 S-1 Structural Notes
12 S-2 Structural Demo Plan
13 S-3 Structural Plan
14 S-4 Structural Sections
15 P- 1 P&ID – 1
16 E-1 Electrical – Legends, Symbols, and Abbreviations 1
17 E-2 Electrical – Legends, Symbols, and Abbreviations 2
18 E-3 Electrical – Area Plan
19 E-4 Electrical – Site Plan
20 E-5 Electrical Plan – One Line Diagram Existing and New
21 E-6 Electrical Plan – UV Area Demo 1
22 E-7 Electrical Plan – UV Area Demo 2
23 E-8 Electrical Plan – Electrical Room Demo
24 E-9 Electrical Plan – Electrical Room Proposed
25 E-10 Electrical Plan – UV Area Sheet 1
26 E-11 Electrical Plan – UV Area Sheet 2
27 E-12 Electrical Plan – Mixer VFD Install
28 E-15 Electrical – Circuit Schedule Sheet 1
29 E-16 Electrical – Circuit Schedule Sheet 2
30 E-23 Electrical – Standard Details Sheet 1
31 E-24 Electrical – Standard Details Sheet 2
32 I-1 Instrumentation and Control Legends, Symbols, and reviations
33 I-2 SCADA Network Diagram
34 I-3 HRCCP – Demo Sheet 1
35 I-4 HRCCP – Demo Sheet 2
36 I-5 HRCCP – New Panel Arrangement
37 I-6 HRCCP – New BOM
38 I-7 HRCCP – New Power and Fusing
39 I-14 EPCD Demo Sheet 1
3
City of Bremerton, Phase 4
Investment Grade Audit Proposal, Eastside Treatment Plant
40 I-15 EPCD Demo Sheet 2
41 I-16 EPCD New Panel Arrangement
42 I-17 EPCD New BOM
43 I-18 EPCD New Power and Fusing
g. Conduct a design workshop with the City and DES to review design features, equipment options, and
operational requirements
h. Conduct meetings and site visits throughout the IGA as needed to provide information to the City and
DES at key points: a preliminary design workshop (described under item b), site visits to create the
preliminary scope documents, preliminary design review meeting with the City and DES, a formal pre-
bid meeting and contractor site walk, and presentation of guaranteed cost and savings.
2. Energy/Operational Savings Calculations
a. Calculate energy and operational savings for the ECM listed above
b. Create pre- and post-retrofit measurement and verification plan
c. Coordinate with City regarding historical operational costs
d. Implement pre-retrofit M&V activities
e. Coordinate with local utility provider regarding applicable incentives
3. Cost Estimating
a. Create RFP documents, receive and review proposa ls, determine costing per trade
b. Coordinate subcontractor site visits, respond to bidder questions, evaluate proposals, prepare GMAX
costing and financial analysis
c. Prepare project financial analysis, review project scope, financing options, and pricing with City and
DES, and develop final guaranteed maximum project pricing and project financial pro forma
4. Pre-Construction
a. Coordinate with subcontractors and vendors post-Energy Services Proposal and in advance of the
Notice to Proceed.
b. Develop construction schedule with City
c. Review and route contract documents
d. Review construction logistics with City
e. Develop preliminary safety plan and identify safety requirements for the RFP
5. IGA progress meetings with the DES and City as required.
Assumptions:
a. City staff will provide requested information in a timely manner to the extent that the information is
available.
b. Trane will design around one equipment make and model for all improvements associated with the
ETP.
c. Preliminary design drawings will be developed under this initial scope of work to convey the design
concepts and construction requirements to the extent necessary for experienced construction
contractors to provide firm fixed-price bids.
Trane will present to City and Department of Enterprise Services (DES) a written Energy Services Proposal (ESP),
including the IGA documentation. The ESP will set forth at least the following:
1. A description of the Facility and a description of those buildings and systems which shall receive Trane
Equipment and Trane Services;
2. The Cost Effective EEMs to be installed or caused to be inst alled by Trane and a description of the EEMs
analyzed but disqualified under the cost effectiveness criteria.
4
City of Bremerton, Phase 4
Investment Grade Audit Proposal, Eastside Treatment Plant
3. The services that Trane will perform or cause to be performed on or in the Facility, including but not limited
to engineering, construction management, the operations and maintenance procedures for use on Trane
Equipment, training for Facility personnel, providing warranty service, and equipment maintenance;
4. The Guaranteed Maximum Project Cost, itemized in detail (including but not limited to: labor , material and
equipment, Construction Contingency, performance bond, design, construction management, and
overhead and profit), which may be amended to represent actual costs;
5. Recommendations for replacement of Existing Equipment, along with recommendations for improvements
to Existing Equipment and Operating Conditions;
6. The standards of comfort and service appropriate for the Facility;
7. The Baseline Energy Consumption for the Facility, including the data, methodology and variables used to
compute the Baseline, and the Baseline calendar period which shall not be less than twelve (12) months,
and must be multiples of (12) months if longer than (12) months;
8. The Guaranteed Energy Savings and estimated Energy Cost Savings that are expected to result from the
installation of Trane Equipment and from Trane Service. Include an explanation of the method(s) used to
determine energy savings and utility rate assumptions used to calculate the cost savings;
9. The method by which Energy Savings and Energy Cost Savings will be calculated during the term of the
Energy Services Authorization;
10. A description of how Trane will finance its acquisition of Trane Equipment and when title to Trane
Equipment will pass to the Owner;
11. A description of how Energy Savings will be guaranteed by Trane;
12. A description of how Trane proposes to be compensated;
13. The term of the Energy Services Authorization;
14. The Termination Value for each year during the term of the Energy Services Authorization;
15. The schedule for project completion;
16. The nature and extent of the Work and equipment that Trane anticipates it will receive from other firms
under subcontract;
17. A project-specific Diverse Business Inclusion Plan (Inclusion Plan), when applicable and where constraints
or other factors prevent Trane from applying its pre-submitted Diverse Business Inclusion Plan to the Work.
18. Trane’s Measurement and Verification (M&V) Plan for documenting energy savings, including specifying
utility rates to be used, methodology, post-construction equipment adjustment and any recommendation to
continue or discontinue M&V reporting beyond the first twelve months post -installation, consistent with the
International Performance Measurement and Verification Protocol (IPMVP), specifying how the cost of
M&V was determined;
19. A list of applicable building, mechanical, energy or other pertinent state and local codes that may impact
the project costs.
City Responsibilities:
1. Provide access to record drawings, O&M data, submittals, startup reports, etc. as required to allow Trane
to fully develop the baseline operation of the existing systems to be studied.
2. Provide access to 24 - 36 months of historical utility data (electricity, natural gas, water, and sewer).
3. Provide access to staff and occupants with knowledge of history and operation of the systems to be studied
as part of this IGA.
4. Provide access to the sites, buildings and systems to be studied as required.
5. Provide access to City stakeholders during the IGA phase.
5
City of Bremerton, Phase 4
Investment Grade Audit Proposal, Eastside Treatment Plant
Fixed Fee for IGA (all fees subject to WSST):
Murray Smith Design Fee:…………………………………………………………………..$332,182
Trane Technologies Project Development:………...……………………………………….$41,380
Total Fixed IGA Fee: $373,562
Cost Effectiveness Criteria:
The cost of the Investment Grade Audit will be rolled into the final cost of the project should the City proceed with
implementation of the subject project. Should Trane complete the scope outlined in this IGA Proposal and identify
a project that meets the identified Cost Effectiveness Criteria, and the City chooses not to implement subject project
with Trane, the City will reimburse Trane the entire IGA fee within 60 days after the submission of the ESP. If Trane
is unable to identify a project that meets the identified Cost Effectiveness Criteria, the City will not be financially
obligated to Trane for the Investment Grade Audit.
The cost effectiveness criteria for this IGA is divided into two categories, Technical and Financial. Trane will
provide the following to the City as part of the IGA and future construction of selected ECM’s.
• Technical: Use equipment specified during the IGA, risk transfer to Trane, guaranteed maximum price and
minimum energy savings identified prior to construction start, replace aging infrastructure, improve
operation and reduce maintenance burden.
• Financial: The ESP will demonstrate that the project is lifecycle cost effective (LCCA) over the expected life
of the installed equipment and infrastructure. Since energy savings for this project is small compared to
total project cost the typical LCCA formula does not apply. Lifecycle cost effectiveness will be defined by
the following formula, where deferred capital cost is equal to the replacement cost of the existing UV
system and control panels. LLCA = (total project cost – utility incentives – grants – deferred capital cost) /
(annual energy + maintenance savings). In addition, Trane will complete energy and maintenance savings
calculations assuming an elevated baseline for future projected flows and plant loadings.
Schedule for IGA Services:
Substantial completion of this IGA will be within 210 days, and full completion within 270 days, of Notice to
Proceed.
We at Trane appreciate the opportunity to provide these services. If this IGA proposal is satisfactory, please
forward contract documents.
Sincerely,
Angie Estey
Senior Account Executive
Trane Technologies
Date:7/12/2022
Created by:G. Stinson
City of Bremerton Ph 4 Eastside Treatment Plant - Hours by Task
Attachment B: IGA Matrix - Phase 1
Investment Grade Audit Task
Sales
Exec
Account
Mgr
Development
Leader
Development
Engineer
Energy Eng./
M&V Tech.
Estimator/
Proj. Manager Murray Smith Total Hours
Investment Grade Audit
Internal IGA Kickoff/Resource Planning 1 1 9 11
IGA Phase Kickoff Meeting W/ Owner & DES 3 3 6
Invoices/Status Reports 23 23
Procure and Manage Subconsultant 10 2 14 26
MS Coordination with Trane 14 14
Development of PM Plan for IGA 15 15
Decision Log 14 14
Preliminary Design Plans 190 190
Preliminary Scope Narrative 58 58
Preliminary Design Review Workshop 16 16
Final Preliminary Design Submittal 73 73
Design Review/RFP Development/Site Walks 20 8 28
Design QA/QC 5.5 6 30 41.5
Contractor Selection Support 33 33
Final Design Scoping and Fee Development 5 22 27
Energy Savings Calculations/Utility Coord.10 10
Bid Acceptance and Review 4 32 36
Develop M&V Plan, DES Review 4 4
Pre-Retrofit M&V Measurement 2 2
Construction Schedule/Project Logistics 4 8 12
Internal LOA Review 1 1 4 6
GMAX Workshop With Owner and DES 1 4 5
Develop/Submit Energy Services Proposal 2 8 8 18
ESP Review Session, Revise ESP as Required 2 4 2 8
Murray Smith Sub Consultants 456 456
Sales
Exec
Account
Exec
Development
Leader
Development
Engineer
Energy Eng./
M&V Tech.
Estimator/
Proj. Manager Murray Smith Admin. Total Hours
Subtotal Hours 0 0 15.5 81 0 69 967 0 1132.5
Trane 41,380$
Murray Smith & SubHours 277,379$
Travel & Expenses 4,132$
OH&P (18%)50,672$
Total IGA Fee 373,563$
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: September 14, 2022
Public Works Agreement with Air
Management Solutions, LLC for Installation
of Upgraded HVAC systems at the
Wastewater Treatment Plant Administration
Building
COUNCIL MEETING Date: September 21, 2022
Department: Public Works & Utilities
Presenter: Eric Burris
Phone: (360) 473-5448
SUMMARY:
The City has requested bids for the upgrade of the Waste Water Treatment Plant Admin building
HVAC systems. Five (5) contractors were invited to bid. Only one contractor responded. The City
requests contract approval with Air Management Solutions, LLC in the amount of $107,590.00;
$117,488.28 including sales tax.
ATTACHMENTS:
1) Contract with AMS for the installation of the upgraded HVAC systems
FISCAL IMPACTS (Include Budgeted Amount): This project is included in the Wastewater Capital
budget.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the contract between Air Management Solutions, LLC and the City of Bremerton in
the amount not to exceed $117,488.28, including sales tax; and authorize the Mayor to finalize and
execute the contracts with substantially the same terms and conditions presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
3K
PUBLIC WORKS AGREEMENT
Per the result of the THIS AGREEMENT is entered into between the City of Bremerton,
a Washington Municipal Corporation (“City”), and Air Management Solutions, LLC License
no. AIRMAMS954Q2 (“Contractor”), whose mailing address is 5822 W Werner Road,
Bremerton, WA 98312 .
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following
services for the City: HVAC upgrade to WWTP Admin Building #900 as outlined in Exhibit A: Quote
no. Q21.2345PW revised
2. TIME OF COMPLETION. Contractor shall complete the work within 180
calendar days from the date of issuance of the City’s Notice to Proceed.
3. COMPENSATION. The City shall pay the Contractor the total amount of
$107,590.00, plus any applicable Washington State Sales Tax, for the work and services
contemplated in this agreement. The Contractor shall invoice the City monthly. The City will
pay for the portion of the work described in the invoice that has been completed by the
Contractor and approved by the City. The City payment shall not constitute a waiver of the
City’s right to final inspection and acceptance of the project.
A. Retainage. In lieu of bonds, the City shall hold back a retainage in the
amount of ten percent (10%) of any and all payments made to contractor
for a period of thirty (30) days after the date of final acceptance, or until
receipt of all necessary releases from the State Department of Revenue
and the State Department of Labor & Industries and until settlement of any
liens filed under Chapter 60.28 RCW, whichever is later.
C. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work.
Defective or unauthorized work includes, without limitation: work and
materials that do not conform to the requirements of this agreement; and
extra work and materials furnished without the City’s written approval. If
Contractor is unable, for any reason, to satisfactorily complete any portion
of the work, the City may complete the work by contract or otherwise, and
Contractor shall be liable to the City for any additional costs incurred by
the City. “Additional costs” shall mean all reasonable costs, including
legal costs and attorney fees, incurred by the City beyond the maximum
Contract price specified above. The City further reserves its right to
deduct the cost to complete the Contract work, including any Additional
Costs, from any and all amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims. THE MAKING OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL
PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS
UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times
acting as an independent contractor and not as an employee of the City. The Contractor shall
secure at its expense, and shall be responsible for all payments of income tax, social security,
state disability insurance compensation, unemployment compensation, and all other payroll
deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor
shall also secure all applicable business licenses, if required, in connection with the contract
services, including all required licenses for Contractor's officers, agents, employees and sub -
contractors.
5. TERMINATION. The City may terminate this agreement for good cause.
“Good cause” shall include, without limitation, any one or more of the following events:
A. The Contractor’s refusal or failure to supply a sufficient number of
properly skilled workers or proper materials for completion of the
Contract work.
B. The Contractor’s failure to complete the work within the time specified in
this agreement.
C. The Contractor’s failure to make full and prompt payment to sub-
contractors or for material or labor.
D. The Contractor’s persistent disregard of federal, state or local laws, rules
or regulations.
E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this agreement for good cause, the Contractor shall not receive any
further monies due under this agreement until the Contract work is completed.
6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay
Prevailing Wages” with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter
39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate
provisions. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on
the bid opening date. The Kitsap County rates are available at the Department of Labor and
Industries website.
7. CHANGES. The City may issue a written work change directive for any change
in the Contract work during the performance of this agreement. If the Contractor determines, for
any reason, that a change order is necessary, Contractor must submit a written change order
request to the City’s project manager within two (2) business days of the date the Contractor
knew or should have known of the facts and events giving rise to the requested change. If the
City determines that the change increases or decreases the Contractor’s costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Contractor on all equitable adjustments. However, if the parties are
unable to agree, the City will determine the equitable adjustment as it deems appropriate. The
Contractor shall proceed with the change order work upon receiving a written work change
directive or change order from the City. If the Contractor fails to require a change order within
the time allowed, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the
equitable adjustment the Contractor must complete the change order work; however, the
Contractor may elect to protest the adjustment as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with
anything required by a work change directive or change order, including
any direction, instruction, interpretation, or determination by the City, the
Contractor shall:
1. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar days
with a written statement that provides the following information:
a. The date of the Contract’s protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and
how that estimate was determined.
e. An analysis of the progress schedule showing the schedule
change or disruption if the Contractor is asserting a
schedule change or disruption.
The Contractor shall keep complete records of extra costs and time
incurred as a result of the protested work. The City shall have
access to any of the Contractor’s records needed for evaluating the
protest.
3. The City will evaluate all protests, provided the procedures in this
section are followed. If the City determines that a protest is valid,
the City will adjust payment for work or time by an equitable
adjustment. No adjustment will be made for an invalid protest.
B. Contractor’s Duty to Complete Protested Work. In spite of any protest,
the Contractor shall proceed promptly with the work as the City has
ordered.
C. Contractor’s Acceptance of Changes. The Contractor accepts all
requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A
change order that is accepted by Contractor as provided in this section
shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of
delays related to any work, either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section
provides, the Contractor also waives any additional entitlement and
accepts from the City any written order (including directions, instructions,
interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Contractor completely waives any claims
for protested work and accepts form the City any written order (including
directions, instructions, interpretations, and determination).
F. Liens. In the event that there are any liens on file against the City of
Bremerton, the City of Bremerton shall be entitled to withhold final or
progress payments to the extent deemed necessary by the City of
Bremerton to properly protect the outstanding lien claimants until proper
releases have been filed with the City Clerk
8. CLAIMS. The Contractor shall give written notice to the City of all claims other
than change orders within fourteen (14) calendar days of the occurrence of the events giving rise
to the claims. Any claim for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be conclusively deemed to have been waived
by the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim
is set forth in detail in writing and received by the City within seven (7) calendar days from the
date Contractor knew, or should have known, of the facts giving rise to the claim. At a
minimum, a Contractor’s written claim must include the information set forth regarding protests
in Section 7.A.2.a.-e.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS
ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM
OR CAUSED BY THAT DELAY.
Contractor must, in any event, file any claim or bring any suit arising from or connected
with this agreement within 120 calendar days from the date the contract work is complete.
9. WARRANTY. The Contractor shall correct all defects in workmanship and
materials within one year from the date of the City’s acceptance of the Contract work. When
defects are corrected, the warranty for that portion of the work shall extend for one year form the
date such correction is completed and accepted by the City. The Contractor shall be gin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time, the City
may complete the corrections and the Contractor shall pay all costs incurred by the City in order
to accomplish the correction.
10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
officer, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits including all legal costs and attorney fees, arising out of or in connection
with the performance of this agreement, except for injuries and damages caused by the City’s
sole negligence.
The City’s inspection or acceptance of any of Contractor’s work when completed shall
not be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor and
the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall
be only to the extent of the Contractor’s negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF
THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
agreement.
11. INSURANCE. The Contractor shall procure and maintain for the duration of this
agreement insurance of the types and in the amounts described below against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of
the work by the Contractor, its agents, representative, employees, sub-consultants or sub-
contractors.
Before beginning work on the project described in this agreement, the Contractor shall
provide a Certificate of Insurance evidencing:
A. Automobile Liability insurance with limits no less than $1,000,000
combined single limit per accident for bodily injury and property damage;
and
B. Commercial General Liability insurance written on an occurrence basis
with limits no less than $1,000,000 combined single limit per occurrence
and $2,000,000 general aggregate for personal injury, bodily injury and
property damage. Coverage shall include but not be limited to: blanket
contractual; products/completed operations/broad form property damage;
explosion, collapse and underground (XCU); and
C. Excess Liability insurance with limits not less than $1,000,000 per
occurrence and aggregate; and
B. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of
Washington and employer's liability with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of
the Contractor.
The City, its officials, employees, agents and volunteers shall be named as an
additional insured on the insurance policy, as respects work performed by or on behalf of the
Contractor and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance.
The Contractor’s insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer’s liability.
The Consultant's insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6 th
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City reserves the right to receive a certified copy of all the required insurance
policies. In the event that the Contractor employs other contractors (sub-contractors) as part of
the work covered by this Agreement, it shall be the Contractor’s responsibility to require and
confirm that each sub-contractor meets the minimum insurance requirements specified above.
The Contractor shall, upon demand of the City, deliver to the City copies of such policy or
policies of insurance and the receipts for payment of premiums thereon.
12. MISCELLANEOUS.
A. Equal Employment Opportunity Statement. In the hiring of employees for
the performance of work under this Agreement, the Contractor, its subcontractors, or any person
acting on behalf of Contractor shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital
status, military status, or the presence of any physical, mental or sensory disability.
B. ADA Statement. The City of Bremerton does not discriminate on the
basis of disability in programs and activities, which it operates pursuant to the requirements of
the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to
both employment and admission to participation in the programs, services and activities of the
City of Bremerton. Reasonable accommodation for employees or applicants for employment
will be provided.
C. Compliance with Laws. Contractor shall comply with all federal, state
and local laws, rules and regulations throughout every aspect in the performance of this
agreement.
D. Work Performed at Contractor’s Risk. Contractor shall take all
precautions necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this agreement. All work shall be done at Contractor’s own
risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
E. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option herein
conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of
those terms and rights and they shall remain in full force and effect
F. Governing Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the City and
Contractor under any of the provisions of this agreement, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the Kitsap County Superior Court,
Kitsap County, Washington.
G. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in
any claim or lawsuit for damages arising from the parties’ performance of this agreement, each
party shall be responsible for payment of its own legal costs and attorney’s fees incurred in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the
City’s right to indemnification under Section 10 of this agreement.
H. Written Notice. All communications regarding this agreement shall be
sent to the parties at the addresses listed on the signature page of this agreement, unless
otherwise notified. Any written notice shall become effective upon delivery, but in any event
three (3) calendar days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated on this agreement.
I. Assignment. Any assignment of this agreement by the Contractor without
the written consent of the City shall be void.
J. Modification. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
K. Severability. If any one or more sections, sub-sections, or sentences of
this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity
of the remaining portion of this agreement and the remainder shall remain in full force and
effect.
L. Entire Agreement. The written provisions and terms of this agreement,
together with any attached Exhibits, supersede all prior verbal statements by any representative
of the City, and those statements shall not be construed as forming a part of or altering in any
manner this agreement. This agreement and any attached Exhibits contain the entire agreement
between the parties. Should any language in any Exhibit to this agreement conflict with any
language contained in this agreement, the terms of this agreement shall prevail.
M. Mutually Bound. Contractor and Subcontractor are mutually bound by
the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor.
The Contractor shall assume toward the subcontractor all obligations and responsibilities the
Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shall
assume toward the Contractor all obligations and responsibilities which the Contractor, under
this agreement, assumes towards the Owner.
IN WITNESS WHEREOF, the parties below have executed this agreement.
AIR MANAGEMENT SOLUTIONS, LLC THE CITY OF BREMERTON
Print Name: Print Name:
Title: Title:
DATE DATE
Notices to be sent to: Notices to be sent to:
CONTRACTOR: CITY OF BREMERTON:
CONTRACTOR: CITY OF BREMERTON:
Scott Ablitt Contracts Administrator
AMS, LLC _____ City of Bremerton
5822 W. Werner Road 345 6th Street, Suite 100
Bremerton, WA 98312 Bremerton, WA 98337
(360) 473-5306
APPROVED AS TO FORM:
Kylie J. Finnell
Bremerton City Attorney
ATTEST:
Angela Hoover, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Public Works Agreement (short form) Rev. 05 2022.doc
Q21.2345PW
A D D R E S S P H O N E
5 8 2 2 W e s t W e r n e r R o a d 3 6 0 – 4 7 9 – 6 5 0 0
B r e m e r t o n , W A 9 8 3 1 2 F A X
W E B S I T E 3 6 0 – 4 7 9 – 6 5 0 6
w w w . A i r M a n a g e m e n t S o l u t i o n s L L C . c o m
Date: July 27, 2022
To: Bremerton Wastewater
1600 Oyster Bay S.
Bremerton, WA 98312
Attn: Travis Olson
Re: HVAC installation @ Wastewater treatment plant Bremerton.
Air Management Solutions LLC proposes to provide the equipment, labor, and materials to fulfill
the below scope of work.
NOTE: This quote includes electrical subcontractor Mathews Electric
Scope of work:
Provide labor and material for the installation of three Mitsubishi MXZ heat pump
systems as outlined below. NOTE THIS SYSTEM WILL NOT PROVIDE SIMULTANEIOUS
CONTROL OF THE COOLING OR HEATING. THIS WILL BE A HEAT PUMP SYSTEM THAT
PROVIDES EITHER HEATING OR COOLING.
System one third floor east.
One 4-ton condensing unit to be set on roof and piped through vent on roof to distribution box
location will be in hallway above ceiling.
One 1.5-ton ceiling cassette to be installed in the break room.
One 1.5-ton wall unit to be installed in the control room.
One .5-ton wall mount to be installed in east office.
System two third floor west.
One 4-ton condensing unit to be set on roof and piped through vent on roof to distribution box
location will be in hallway above ceiling.
One 2-ton ceiling cassette to be installed in the lobby.
One 3/4-ton wall unit to be installed in the west office.
two .5-ton wall mount to be installed in west offices.
System three second floor restrooms and hallway.
One 3 ton condensing unit to be set ground level west side next to the other condensing unit.
distribution box location will be in room behind condensing unit. Location will be set at ceiling
height or below.
Three 1-ton wall mount units one in hallway the other two one in each restroom.
AMS Quote Price (equipment and labor): $76,850.00
Mathews Electric (material and labor): $30,740.00
Total Project: $107,590.00 (Plus Sales Tax)
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance No. 5457 amending Study Session Date: September 14, 2022
Chapter 2.50 of the Bremerton Municipal
Code entitled “Management and
Professional Staff Compensation Program”
COUNCIL MEETING Date: September 21, 2022
Department: Finance
Presenter: Mike Riley
Phone: (360) 473-5303
SUMMARY: The proposed ordinance amends the following Sections of Chapter 2.50 of the
Bremerton Municipal Code entitled “Management and Professional Staff Compensation Program”:
Section 2.50.010 (c) relating to the City’s non-discrimination statement (Amendment was
requested following the Council’s Study Session review)
Section 2.50.032 (a) to allow Department Heads to hire employees above Rate 1 with the
approval of the Mayor.
Section 2.50.070 (a) to allow for a medical stipend in lieu of medical coverage at the same
amount that is made available to represented employees included in the same retirement
system in which they belong.
ATTACHMENTS:
Ordinance No. 5457
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. 5457 amending Chapter 2.50 of the Bremerton Municipal Code entitled
“Management and Professional Staff Compensation Program”.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
3L
Page 1 of 9
BMC 2.50
Management and Professional Staff
Compensation Program
ORDINANCE NO. 5457
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 2.50 of the Bremerton
Municipal Code entitled “Management and Professional Staff
Compensation Program.”
WHEREAS, the City Council desires to amend provisions of Section 2.50.010
relating to the City’s non-discrimination statement; and
WHEREAS, the City Council desires to amend provisions of Section 2.50.032
relating to setting the salary rate for management and professional employees at hire; and
WHEREAS, the City Council desires to amend provisions of Section 2.50.070
relating to the amount of the medical stipend in lieu of enrolling in a medical plan; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.50 of the Bremerton Municipal Code entitled
"Management and Professional Staff Compensation Program" is hereby amended to read as
follows:
Chapter 2.50
MANAGEMENT AND PROFESSIONAL STAFF COMPENSATION PROGRAM
2.50.010 POLICY STATEMENT.
(a) It is the policy of the City of Bremerton to provide a management and professional
compensation program which enables the City to employ staff who possess the necessary skills
and abilities to effectively:
(1) Manage the delivery of existing City services and the provision of essential
municipal government support functions;
(2) Evaluate and plan future service needs;
(3) Advise and support the policy-making activities of the City’s elected
officials; and
(4) Implement policy changes enacted by the elected representatives of the
citizens of Bremerton.
(b) It is also the policy of the City of Bremerton to structure the classification and
compensation program for management and professional staff in a manner which assures that:
(1) The actual duties assigned to a classification are appropriate to the assigned
level of responsibility;
(2) Compensation levels are consistent with the level of responsibilities
assumed by staff and appropriate to the City’s financial circumstances;
Page 2 of 9
BMC 2.50
Management and Professional Staff
Compensation Program
(3) Individual salary rates appropriately reflect each person’s performance and
experience at the responsibility level assumed with the City of Bremerton.
(c) The provisions of this program shall be applied equally to all persons included in the
program without discrimination as to age, sex, marital status, race, color, creed, religion, national
origin, sexual orientation, gender identity, political affiliation military status, pregnancy/
maternity, obesity; or mental, physical or sensory handicap, unless based upon a bona fide
occupational qualification.
2.50.020 APPLICABILITY, EXCLUSIONS AND EXEMPTIONS.
(a) Applicability. The provisions of the program adopted by this chapter shall only
apply to salaried management and professional appointive positions designated as such and
authorized in the City’s annual budget; provided, however, for the City Auditor, the
responsibilities of the Mayor shall be exercised by the Audit Committee, and for the City
Attorney, Mayoral approvals shall be forwarded to the City Council and may be modified by the
Council President.
(b) Exclusion from Representation. All classifications and all positions within
classifications covered by this program along with other City officials represent "the employer"
for purposes of labor relations. As such, no classification and no position within a classification
which is included in a representation unit for the purpose of collective bargaining under the State
of Washington’s public employee collective bargaining statutes contained in
Chapter 41.56 RCW shall be included in this program.
(c) Noncoverage and Exemption under Fair Labor Standards Act. No classification, no
position within a classification and no incumbent of a position which does not qualify for
noncoverage or exemption from the Fair Labor Standards Act shall be included in this program.
2.50.030 SALARY PLAN.
A salary plan for management and professional staff shall be established and salaries set
for covered employees as follows:
(a) Each position included in BMC 2.50.020 shall be assigned to a salary band.
Assignment of positions to bands shall be based upon general salary levels paid by municipal
governments of similar size, demography and financial resources for similar responsibilities.
Assigned salary bands shall not be changed or established without conducting a salary survey for
the position being changed. All changes must be approved by the Mayor and City Council.
(b) The salary bands shall be structured as follows:
(1) Band Differential. The percentage differential between the maximum rates
of salary bands shall be approximately five (5) percent.
(2) Band Range. Salary rates of a band range shall have eight (8) rates. Rate 1 is
approximately five (5) percent below Rate 2. Rate 2 through Rate 8 in the band shall be spread
approximately two and one-half (2.5) percent. The spread between the minimum and maximum
rates shall be approximately twenty-two (22) percent.
2.50.031 ADJUSTMENT OF SALARY BAND LEVELS.
The City Council shall provide for adjustments to salary band levels as are consistent
with the Council’s CPI salary adjustment policy each year.
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2.50.032 ACTUAL SALARY RATE.
(a) Initial Rate. The salary rate of a person upon appointment to a management or
professional position shall be set no lower than Rate 1 of the salary band to which an employee’s
position is assigned. When it is in the best interest of the City, the City CouncilDepartment
Heads (with the Mayor’s approval) may authorize an initial salary of a newly hired person at a
rate which exceeds Rate 1. Newly hired persons who report directly to the Mayor require the
approval of City Council when being hired at a rate which exceeds Rate 1.
(b) Salaries may be increased as follows:
(1) Salary Rate Advancement. Each person shall be eligible for a salary rate
advancement upon completion of twelve (12) full months of regular (as opposed to interim)
service at each rate in the salary band. To receive a salary rate advancement, the employee must
be evaluated as "meets expectations" (or equivalent) on his or her work performance evaluation.
Salary rate advancements shall be an increase of one rate in the same salary band, if available.
(2) Additional Advancement. Those employees who receive a rating that
exceeds the rating "meets expectations" (or equivalent) may be eligible to receive an additional
salary rate advancement for an increase of one additional rate in the same salary band, if
available, above the initial rate advancement provided in subsection (b)(1) of this section. This
additional advancement shall require the recommendation of the department head, or equivalent,
and approval of the Mayor and City Council.
(3) A rate advancement that was denied may be granted following a minimum
sixty (60) day review period of the employee’s performance.
(4) Notwithstanding the above, when it is in the best interest of the City, the
City Council upon the recommendation of the Mayor may authorize an in-range adjustment to
provide additional salary in instances of promotion, to provide for internal equity corrections, or
for another reason deemed appropriate by the City Council.
(c) Changes to Employee Classifications.
(1) Downgrading an Employee’s Classification. Upon the City Council’s
approval of downgrading a person’s classification to a lower salary band, the person’s initial
salary rate will be set at the same rate in the new band that was in effect in the former salary
band. In the event a person’s salary rate exceeds the maximum rate of the salary band to which
his or her position is assigned on the date of downgrading, his or her actual salary rate shall be
frozen until such time as the maximum rate of the new band is equal to or greater than his or her
actual salary and, at such time, the employee’s salary rate shall be set at the maximum rate of the
salary band to which his or her position is assigned.
(2) Upgrading an Employee’s Classification. If an employee’s classification is
moved from one salary band to a higher band (excluding promotions), the employee’s salary rate
at the higher band shall be set at the next rate which is higher than the salary he or she was
receiving at the former band. Any additional rate advancements shall require City Council
approval. The employee’s salary rate advancement date does not change.
(3) Promotions. In the event an employee is promoted from one classification to
a higher classification (one salary band to a higher salary band), the employee’s salary rate at the
higher band shall be set at the next rate which is higher than the salary he or she was receiving at
the former band. Promoted employees shall be eligible for a salary rate advancement upon
completion of twelve (12) full months of regular (as opposed to interim) service at each rate in
the new salary band, which shall be the employee’s new salary rate advancement date. In the
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event an employee is promoted to a management/professional classification outside of IAFF
Local 437, said employee will maintain their current and future benefits covered in the collective
bargaining agreement in lieu of the benefits covered in BMC 2.50.032 through 2.50.070. Any
additional rate advancements shall require City Council approval.
2.50.034 INITIAL BENEFITS FOR DEPARTMENT HEADS.
When it is in the best interest of the City, the City Council may authorize increased or
additional benefits in hiring a department head beyond those specified in this chapter. Any
extraordinary benefits must be included in the department head’s employment contract approved
by the City Council.
2.50.040 WORK SCHEDULES AND LEAVE BENEFITS.
(a) Work Schedules. Full-time managers and professional staff shall arrange such work
schedules as are needed for the effective accomplishment of work and which shall be the
equivalent of forty (40) hours per week, including paid holiday, vacation and sick leave time.
The work schedules of part-time managers and professional staff shall be apportioned
accordingly. Alternative work schedules to the forty (40) hour week may be authorized by the
department director and Human Resources Manager. Managers and professional staff may be
called back to their work place at any time to respond to emergencies. Managers and professional
staff covered by this program are noncovered or exempt from the Fair Labor Standards Act’s
overtime provisions.
(b) Holiday Time. Managers and professional staff shall receive a full day of time off
without loss of compensation for each holiday observed by the City on the day the City observes
the holiday and one additional floating holiday. Holidays observed by the City are:
New Year’s Day
Martin Luther King’s Birthday
President’s Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Christmas
In addition, similar time off without loss of compensation is granted for any other holiday
which the City Council takes specific official action to observe.
(c) Vacation.
(1) Vacation Leave. Managers and professional staff shall be granted vacation
time off without loss of compensation based upon years of employment in management or
professional position(s) as follows:
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through 2 full years 15 days (120
hours)
through 5 full years 20 days (160
hours)
after 5 full years and
thereafter
25 days (200
hours)
Upon hire and with the approval of the Mayor, the vacation leave time granted a
new staff member may be set at twenty (20) days or if a current City employee at twenty-five
(25) days unless otherwise approved by City Council.
(2) Vacation Availability - Adjustment at Hire or Separation. Annual vacation
leave is granted in full on January 1 of each calendar year; however, a pro rata increase shall
accrue on the employee’s anniversary date in the year the employee qualifies for a larger
vacation benefit. Managers and professional staff who are hired or who separate from
employment with the City within a budget year receive vacation days on a pro-rated basis which
covers the time of employment.
(3) Vacation Eligibility. Vacation time is taken in segments of one (1) whole
day or more. Vacation leave available to a manager or professional staff member at the
beginning of a vacation leave is to be sufficient to cover any vacation time to be taken.
(4) Maximum Unused Vacation. The maximum vacation time that shall be
allowed to carry forward from one calendar year to the next is as follows:
Years of
Continuous
Employment
Maximum
Balance
0 through 5 years 20 days (160
hours)
more than 5 years 30 days (240
hours)
In the event a manager or professional staff member has not reduced his or her
vacation balance to the maximum allowable carryover at the end of a calendar year, excessive
days are forfeited unless the Mayor grants an extension of time beyond the end of the calendar
year during which all vacation days which exceed the maximum allowable carryover are to be
taken.
(5) Vacation Pay-Out. Upon separation from City employment, unused vacation
time will be paid to the manager or professional staff member in a cash payment as follows:
i. Prorated Adjustment. Vacation time balance accrued during the year
of separation and adjusted pursuant to subsection (c)(2) of this section; plus
ii. Allowable Carryover Balance. The maximum allowable vacation time
carryover established in subsection (c)(4) of this section. Any unused vacation leave exceeding
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the maximum allowable carryover that has been approved by the Mayor for carryover pursuant
to subsection (c)(4) of this section is not eligible for cash out.
(d) Sick Leave.
(1) Accrual. Sick leave is accrued at the rate of twelve (12) full days per year
and is proportionately credited to sick leave balances each pay period.
(2) Maximum Sick Leave Balance. Sick leave may be accrued to a maximum of
one hundred twenty-five (125) days. Upon reaching a maximum of one hundred twenty-five
(125) days, no further accrual is added until such time as sick leave time is taken. Accrued sick
leave time is provided as a form of self-insured short-term disability coverage and no cash
payment for unused sick leave time is made under any circumstances except as set forth in
subsections (d)(9) and (10) of this section.
(3) Banked Sick Leave for Certain Managers and Professional Staff. Any person
covered by this program who was employed by the City on January 20, 1985, and who had
accrued, unused sick leave time set aside in a sick leave bank at that time shall have the banked
time remain on record and made available for his or her use. Upon service retirement from City
service, the person shall receive payment of thirty-five (35) percent of banked sick leave time to
a maximum of one hundred twenty (120) banked days (a maximum of forty-two (42) paid days).
In the event the person dies while employed with the City, the person’s estate shall be paid for all
days of banked time.
(4) Sick Leave Incentive. Anyone who takes two (2) days or less of sick leave in
a full calendar year shall have one (1) day added to his or her vacation leave balance at the
beginning of the following calendar year.
(5) Sick Leave Use. Sick leave is charged in one (1) day segments and must be
accrued prior to use in order to qualify for paid sick leave time off. Shorter periods of absence
due to any of the reasons provided below are administered by the Mayor under subsection (a) of
this section and are not charged to sick leave balances for salaried employees. Sick leave is
available up to the amount of accrued sick leave balance days and may be used for:
i. Temporary disability resulting from personal illness or injury.
ii. Providing care for children under the age of eighteen (18) when they
have a health condition that requires parental supervision or treatment.
iii. Attending medical, dental and/or oculist appointments as needed for
preventive or rehabilitative health personal care or a child’s care, when such care requires
parental presence to supervise or authorize treatment.
iv. Pursuant to the Family Leave Act, to care for a sick child or other
family member (spouse, parent, parent-in-law or grandparent).
(6) Notification of Sick Leave Use. A person who is absent or expects to be
absent from work due to causes specified in subsection (d)(5) of this section is to promptly notify
the City by telephone or otherwise by 9:00 a.m., if possible, of the day of his or her scheduled
work day.
(7) Sick Leave During Authorized Paid Leave. A person who becomes ill or is
injured during paid vacation may request the conversion of the vacation leave to sick leave with
pay by promptly notifying the City of the illness or injury and providing such information as is
required by the City to verify the appropriateness of such a conversion.
(8) Sick Leave Documentation and Approval. Within three (3) days after
returning to work, a person who has been absent on sick leave is to submit such forms and
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provide such information as is required by the City to approve the payment of sick leave. The
Mayor may require a person to demonstrate that he or she has sought treatment or require other
verification needed to assure that the person is fit for duty or as needed to approve paid sick
leave for the absence.
(9) Sick Leave Retirement Payment. An employee who retires from City service
on a PERS or LEOFF service or disability retirement shall be provided a sick leave retirement
payment at thirty-five (35) percent of the employee’s accrued and unused sick leave hours to a
maximum of thirty-five (35) percent of nine hundred sixty (960) hours (a maximum total of three
hundred thirty-six (336) hours). The payment will be made to the employee at the employee’s
regular hourly wage rate in effect at the time of retirement.
(10) Payment of Sick Leave Upon Death. In the event of the death of an
employee, the employee’s estate shall be paid for the total accrued and unused sick leave hours
at the employee’s regular hourly wage rate in effect at the time of death.
(e) Bereavement Leave. Three (3) days of bereavement leave are allowed for attending
funerals in the State of Washington and five (5) days for attending out of State funerals upon the
death of a member of the immediate family. The first three (3) days of time off for bereavement
leave will be compensated at the employee’s current salary. The additional two (2) days of time
off for bereavement leave shall be charged against the employee’s vacation, floating holiday,
sick leave or compensatory time leave balance at the option of the employee. Immediate family
is defined as spouse, State registered domestic partner, child, stepchild, mother, father, step-
parents, mother/father in-law, brother, sister, brother/sister in-law, grandparents and
grandchildren of both an employee and his or her spouse.
(f) Jury Duty, Witness Leave. Leave of absence with pay for the purpose of reporting to
jury duty or if subpoenaed as a witness for the City is provided. Any juror or witness fees
received by a person for the performance of such duties shall be assigned to the City.
(g) Military Leave. A leave of absence with pay for a period not to exceed twenty-one
(21) working days is granted for the purpose of responding to training orders as a member of the
organized military reserves of the United States or of the State of Washington.
(h) Administrative Leave. The Mayor may place any manager or professional staff
member on paid administrative leave for up to thirty (30) working days under circumstances
which make it appropriate that the person be absent from the work place during the investigation,
resolution or pendency of procedures appropriate to the circumstances involving the manager or
professional staff member. The Mayor may place other lawful conditions upon the person on
administrative leave as are deemed appropriate by the Mayor.
(i) Leave of Absence. A leave of absence without compensation may be granted by the
Mayor for a period of up to thirty (30) working days and may be subsequently extended with the
approval of the City Council. Any leave of absence greater than thirty (30) days will be without
compensation and benefits unless required by law.
2.50.050 SUPPLEMENTAL RETIREMENT PROGRAM PLAN.
The City will contribute a total of four percent (4%) of gross salary to options selected by
each person from City deferred compensation and/or tax exempt benefits made available through
approved City policies.
2.50.060 RETIREMENT BENEFITS.
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Each manager or professional staff member covered by this program will be enrolled in
the Federal OASDI and/or State of Washington LEOFF I or II, or PERS I, II or III, or PSERS
retirement system for which he or she qualifies. Contributions to the respective retirement
systems by the City and by each employee will be made in conformance with Federal FICA
Laws and State Retirement Laws.
2.50.070 MEDICAL AND DENTAL INSURANCE BENEFITS.
(a) A manager or professional staff member covered by this program and who qualifies
for and is a member of the LEOFF I or II, and PERS I, II or III State Retirement Systems has the
same medical and dental insurance plans, coverages and premium payments made available to
him or her as are granted to the represented employees employed in his or her department who
are included in that particular system. A manager or professional staff member who can provide
documentation of alternative medical insurance coverage may elect to receive two hundred fifty
dollars ($250.00) per month in lieu of enrolling in a medical plan offered by the City a medical
stipend in lieu of medical coverage in the same amount that is made available to represented
employees included in the same retirement system in which they belong. The City will pay one
hundred (100) percent of the cost of coverage for employees and dependents for vision coverage
provided through the Association of Washington Cities.
(b) The City will offer short-term disability insurance coverage to management and
professional employees on a voluntary basis, which will be paid by the employee through payroll
deduction.
2.50.080 WORKERS’ COMPENSATION.
Each manager and staff member shall receive such workers’ compensation benefits as are
provided by the City pursuant to State laws. A manager or staff member who incurs a work-
related illness or injury and who qualifies to receive workers’ compensation benefits shall be
allowed to use accrued sick leave to supplement the workers’ compensation benefits so as to
provide the same salary he or she would have received for full-time active service, taking into
account that workers’ compensation payments are not subject to federal or social security taxes.
In no event shall the combination of workers’ compensation and sick leave exceed the amount of
an employee’s regular salary at any time of the disability period.
2.50.090 SEVERANCE PAY.
Unless otherwise provided pursuant to the City Charter, ordinance, or civil service rule or
regulation as applicable, a manager or professional staff member may be separated from
employment without cause ("at will") from a position included in this program upon receiving
thirty (30) calendar days’ written notice of separation or pay in lieu of all or part of said notice. A
person so separated shall not have the right to displace any other person employed by the City by
virtue of employment in a management or professional position. The person so separated shall
receive severance pay upon separation based upon years of employment with the City as follows:
(a) Through two (2) full years of employment: two (2) months’ severance pay.
(b) Through five (5) full years of employment: two and one-half (2.5) months’
severance pay.
(c) Over five (5) years of employment: three (3) months’ severance pay.
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SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 3. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 20___.
_________________________________
MICHAEL GOODNOW, Council President
Approved this ________ day of ________________________, 20___.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 20__.
EFFECTIVE the ________ day of ______________________, 20__.
ORDINANCE NO. ________.
R:\Legal\Legal\Ordinances\Human Resources\2022.08.30 Ordinance - BMC 2.50 - Management and Professional Staff
Compensation.docx
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: September 24, 2022
Public Hearing on Ordinance No. 5458
amending Title 20 of the Bremerton
Municipal Code regarding “Cottage Housing
Development, Duplex & Townhomes, Bonus
Density for Affordable Housing
Development, and Definition Updates”
COUNCIL MEETING Date: September 21, 2022
Department: DCD
Presenter: Garrett Jackson, Pln Mgr.
Phone: (360) 473-5289
SUMMARY: The action before Council is to conduct a Public Hearing and adopt an Ordinance
amending BMC Title 20.42 Definitions to add a definition for Cottage Housing Development and
revise the definition of Maximum Density; BMC 20.58 Land Use Permits to add a State required
density bonus for religious organizations providing affordable housing, and extend this entitlement to
the Bremerton Housing Authority; 20.60 Low Density Residential (R-10) to revise Duplex &
Townhome use standards and add provisions for Cottage Housing, and 20.78 Medium Density
Residential (R-18) by adding provisions for Cottage Housing.
ATTACHMENTS:
Ordinance No. 5458
Exhibit A: Planning Commission Findings and Conclusions
Staff Memo & Planning Commission Meeting Minutes: 7/18/22
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing
RECOMMENDED MOTION: Move to pass Ordinance No. 5458 as recommended by the Planning
Commission to amend Bremerton Municipal Code Section Title 20 related to Duplex, Townhomes,
Cottage Housing, Bonus Density, and Definitions.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
5A
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Title 20 BMC Updates – Zoning Code Amendments
ORDINANCE NO. 5458
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the Bremerton Municipal Code
Title 20 related to Cottage Housing Development, Duplex &
Townhomes, Bonus Density for Affordable Housing Development,
and Definition updates.
WHEREAS, through practical use and application of the Zoning Code the need
for modification has been identified; and
WHEREAS, the City of Bremerton (“City”) has established a procedure for
amending the Zoning Code in Title 20.18.020(d) of the Bremerton Municipal Code (“BMC”),
which requires amendments to the Zoning Code to be both consistent with the goals and policies
of the Comprehensive Plan and to be consistent with other applicable rules and regulations; and
WHEREAS, RCW 36.70A.545 requires jurisdictions to provide a density bonus to
religious organizations that provide affordable housing; and
WHEREAS, these amendments are consistent with the City’s Comprehensive
Plan, County Wide Planning Policies, the State Growth Management Act, and other applicable
regulations and ordinances; and
WHEREAS, on April 18, 2022 and June 27, 2022, the Planning Commission
conducted a workshop on the proposed Zoning Code amendments; and
WHEREAS, July 7, 2022 proposed Zoning Code amendments were circulated to
Department of Commerce and the State Agencies for the requisite review and comment period;
and
WHEREAS, on July 8, 2022 for Zoning Code amendments, a State
Environmental Policy Act (“SEPA”) Determination of Nonsignificance (“DNS”) was issued for
the proposed action with a comment period, and no appeals were filed; and
WHEREAS, on July 8, 2022, the public was notified by a legal advertisement in
the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by
the Planning Commission; and
WHEREAS, on July 18, 2022, the Planning Commission conducted a public
hearing on the Zoning Code amendments and formulated a recommendation to forward the
amendments for City Council consideration; and
WHEREAS, on September 7, 2022, the public was notified by a legal
advertisement in the Kitsap Sun of the opportunity to make comment and participate in the
public hearing on September 21, 2022 by the City Council; and
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Title 20 BMC Updates – Zoning Code Amendments
WHEREAS, on September 21, 2022, the City Council conducted a public hearing
and considered all testimony prior to their decision; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings and Recitals Incorporated. The findings and recitals set
forth above are hereby adopted and incorporated herein by this reference.
SECTION 2. Planning Commission Findings. The findings and conclusions
adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated
as if set forth herein in full.
SECTION 3. Subsection 20.42.040(c) of the Bremerton Municipal Code entitled
“Definitions ‘C’” is hereby amended to read as follows:
(c) Definitions “C”:
"Car wash" means a business engaged in washing, waxing, polishing, and general
cleaning of automobiles, small trucks, light utility vehicles and small recreational vehicles, but
that is not designed to handle larger commercial trucks and buses. It includes self-service, full-
service, and automated car washes and auto detailing services.
"Caretaker" means a person who maintains or watches over someone else’s land or
property on a part-time or full-time schedule. The caretaker may live on the property or
elsewhere.
"Caretaker’s residence" means an accessory dwelling unit provided by the owner of a
property to be used exclusively as living quarters for the caretaker(s) of that property.
"Carport" means an attached or detached partially enclosed accessory structure intended
primarily for the storage of private vehicles such as automobiles, light trucks, or recreational
vehicles which is open to the weather on at least two (2) sides.
"Change of use" means a change in the utilization or occupancy of a property or building
from one use to another.
"Changeable copy/readerboard sign" means a sign structure that may be internally or
externally illuminated and intended to accommodate changeable lettering, numbering, graphic
displays, or other short-term messages. Generally used for commercial advertising or for public
service announcements of current or coming events. (Also see "Public information/identification
sign.")
"City" means the City of Bremerton, Washington.
"Collective garden" means gardens established and/or maintained for the growing,
production, transportation, and delivery of cannabis, by qualifying patients, for medical use, as
defined in RCW 69.51A.085, as currently enacted and hereinafter amended.
"Community facility" means a facility operated by a public agency or nonprofit
organization for social gatherings, meetings, learning, recreation, programs to promote economic
independence, or similar functions.
"Construction sign" means a sign that relates directly to a construction project taking
place on the premises and may include such information as the name of the project and
contractors, phone numbers, completion dates, and similar information about the project.
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Title 20 BMC Updates – Zoning Code Amendments
“Cottage Housing Development” means a lot containing more than one principal conventional
dwelling unit. Units shall not be greater than 1,200 gross square feet, and shall not share any common
walls, ceilings, or floors with other principal conventional dwelling units.
SECTION 4. Chapter 20.42.040(d) of the Bremerton Municipal Code entitled
“Definitions ‘D’” is hereby amended to read as follows:
(d) Definitions "D":
"Day care facility" means a facility licensed by the state of Washington and approved by
the City to provide regular care for adults or children for periods of less than twenty-four (24)
hours.
"Deck" means an open platform wider than eighteen (18) inches. A deck may be
freestanding, cantilevered from a building, or connected to the ground with steps or ramps. A
deck that is higher than thirty (30) inches above finish grade may be referred to as a raised deck,
a rooftop deck, a balcony, or other suitable term.
"Density" means a measure of residential concentration, usually expressed as the number
of dwellings per acre of land. For the purposes of calculating allowable densities within this
code, density shall be measured on a "net" basis, whereby unusable areas such as rights-of-way
and lands in public or shared ownership shall be deducted from the overall area in the
calculation. For example, a one hundred and twenty (120) acre area containing twenty (20) acres
of rights-of-way and public lands and three hundred (300) dwellings has a (net) density of three
(3) dwellings per acre (three hundred (300) dwellings/one hundred (100) usable acres). (See also
"Acre, net" and "Acre, gross.")
"Density, maximum" means the maximum number of dwellings allowed per the net gross
buildable acreage as stated for each zone. Where not specified in a zone chapter, no maximum
density shall apply.
"Density, minimum" means the minimum number of required dwellings per net buildable
acre as stated for each zone. Where not specified in a zone chapter, the associated
Comprehensive Plan land use density applies.
"Detached" means any residential structures on the same lot that are not connected and
have a fire separation of no less than six (6) feet as defined in Section R302 of the IRC. For
commercial structures see the International Building Code.
"Detoxification center" means a facility providing for the care and treatment of an
intoxicated person during the period in which the person recovers from the transitory effects of
acute intoxication.
"Development coverage" means that portion of a lot covered by the impervious surface
areas of all structures, and impervious paved areas, such as driveways and walkways.
"Directional sign" means a permanent sign which is designed solely for the purpose of
directing motor vehicle, pedestrian, bicycle, or other traffic, or individuals toward a specific
destination or route.
"Director" means Bremerton’s Director of Community Development and his/her
designee.
"Drinking place" means an establishment selling intoxicating beverages for consumption
on the premises.
"Drive-through facility" means an automobile-oriented component of a permitted use that
includes both service window(s) and a stacking lane designed primarily for drive-through trade,
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Title 20 BMC Updates – Zoning Code Amendments
and which provides service and caters to patrons while in their motor vehicles. (See
BMC 20.44.120.)
"Driveway" means a private roadway providing access for vehicles to a parking space,
garage, dwelling, or other structure.
"Duplex" means a structure containing two (2) dwelling units on a single lot.
"Dwelling, conventional" means any building or structure that is built or assembled (in
the case of a modular structure) on the site and in conformance with the provisions of the
International Building Code (IBC).
"Dwelling, duplex" means a building designed and arranged exclusively for occupancy
by two (2) families living independently of each other in separate dwelling units.
"Dwelling, modular or factory-built" means buildings or structures that are constructed
primarily in a factory and transported to the site for assembly or installation. All temporary
wheels, axles, and other appliances used in the transport are removed at the destination and the
structure is permanently placed, unless approved as a temporary placement by the City. Such
structures are constructed to the standards of either the International Building Code (IBC) or the
HUD Code. (See also "Manufactured home.")
"Dwelling, multi-unit structure" means a structure containing three (3) or more dwelling
units. (Also referred to as a "multifamily structure.") Multi-unit structures also include:
(1) "Dormitories" means a structure intended principally for sleeping
accommodations, where no individual kitchen facilities are provided, and which is related to an
educational institution or maintained by a nonprofit welfare organization.
"Dwelling, single-unit attached" means two (2) single-unit dwellings (houses) that are
attached at a common side lot line with each dwelling located entirely on its own lot. This does
not include row houses or other housing types having more than two (2) attached units. (See also
"Zero lot line.")
"Dwelling, single-unit structure" means a structure containing one (1) dwelling unit.
(Also referred to as a "single-family dwelling," or a "house.")
"Dwelling, townhouse," for purposes of this code, means a single-unit structure in a row
of at least three (3) or more such units in which each unit has its own access to the outside, no
unit is located over another, and each is separated from any other unit by one (1) or more
common fire-resistant walls.
"Dwelling unit" means a living space or combination of rooms designed to provide
independent year-round living facilities for one (1) family or household, constructed to the
minimum standards of the IBC or HUD Code, and with provisions for sleeping, eating and
sanitation.
SECTION 5. Section 20.58.100 of the Bremerton Municipal Code entitled
“Affordable Housing Bonus” is hereby added to read as follows:
20.58.100 AFFORDABLE HOUSING BONUS.
(a) Authority. This section provides an optional incentive to develop and manage
affordable residential projects, while ensuring reasonable compatibility with neighborhood scale,
character, and limiting negative impacts to the neighborhood. In zones with a maximum density,
developments meeting the requirements of this section may increase the underlying maximum
density by fifty (50) percent.
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Title 20 BMC Updates – Zoning Code Amendments
(b) Applicant. The following organizations may initiate a request for an affordable
housing bonus:
(1) Religious organizations as defined by RCW 26.04.007; and
(2) The Bremerton Housing Authority.
(c) Procedure. Approval of an administrative Type II Conditional Use Permit (CUP)
pursuant to BMC 20.58.020 is required. The Director may require a Type III nonadministrative
CUP whenever the use has a significant impact beyond the immediate site, is of a neighborhood
or community-wide interest, or is of a controversial nature. The proposed development shall
meet the following criteria in order to be granted approval:
(d) Criteria of Approval. In addition to criteria of approval per BMC 20.58.020(d), the
following shall apply:
(1) All units within the proposed development shall be affordable, as defined
per RCW 84.14.010. Income levels of households occupying any residential unit within the
proposed development shall not exceed the definition of low-income household as defined by
RCW 84.14.010;
(2) The property owner agrees to a binding obligation that requires the
development to be used exclusively for affordable housing purposes for a period of no less than
fifty (50) years. A notice to title recognizing this obligation shall be approved by the City and
recorded with the Kitsap County Auditor;
(3) This section applies exclusively to single-family, duplex, and multifamily
housing proposals and does not include group residential, boarding house, or other similar
congregate living facilities;
(4) The affordable housing development does not discriminate against any
person who qualifies as a member of a low-income household based on race, creed, religion, lack
of creed or religion, color, national origin, sex, gender identity, gender expression, veteran or
military status, sexual orientation, or mental or physical disability; or otherwise act in violation
of the federal fair housing amendments act of 1988;
(5) Applicants shall consult with Kitsap Transit to ensure appropriate transit
services are provided to the affordable housing development.
SECTION 6. Subsection 20.60.020(j) of the Bremerton Municipal Code entitled
“Residential Uses” is hereby amended to read as follows:
(j) Residential Uses.
(1) Single-unit dwelling unit, detached;
(2) Single-unit dwelling unit, attached (zero (0) lot lines) per BMC 20.60.060(b);
(3) Duplex that meets BMC 20.60.060(f);
(4) Townhouse that meets BMC 20.60.060(f);
(5) Cottage Housing Development of three (3) or less dwelling units (meeting the
provisions of BMC 20.60.040(n), except that no conditional use permit is required);
SECTION 7. Section 20.60.040 of the Bremerton Municipal Code entitled “
Conditional Uses” is hereby amended to read as follows:
20.60.040 CONDITIONAL USES.
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Title 20 BMC Updates – Zoning Code Amendments
The following uses may be permitted, provided a conditional use permit is approved
pursuant to BMC 20.58.020 subject to the corresponding conditions:
(a) Bed and breakfast, provided:
(1) The operators of the business shall occupy the house as their primary
residence;
(2) No more than one (1) full-time equivalent (FTE) employee who is not a
resident of the dwelling may be employed;
(3) No more than six (6) bedrooms are made available for rent to guests and all
guest rooms are contained within the principal structure;
(4) Two (2) off-street parking spaces, plus one (1) off-street parking space per
each guest bedroom, are required;
(5) Off-street parking spaces may be reduced, provided the applicant can
demonstrate parking will not spill over into nearby residential properties and any streets;
(6) Rooms shall not be made available to guests for more than fourteen (14)
days during any thirty (30) day period;
(7) No commercial receptions, parties, or other public gatherings, or serving of
meals to nonresident guests for compensation, are allowed; and
(8) Any remodeling of the residential structure shall maintain the residential
nature of the structure and not alter the structure in such a manner that would prevent it from
being used as a residence in the future.
(b) Group residential facilities - Class I, provided:
(1) All state licensing requirements are satisfied;
(2) Minimum setbacks, height and lot coverage of the underlying zone shall
apply;
(3) Off-street parking shall be at a minimum of one (1) space per each employee
during the peak shift, plus one (1) space per two (2) residents the facility will provide service to;
(4) If counseling services are provided to nonresidents, additional parking
spaces are required at one (1) per three hundred (300) square feet of gross floor area used for
counseling services;
(5) The number of required off-street parking spaces may be reduced, provided
the applicant can demonstrate that parking will not spill over into nearby residential properties
and any streets; and
(6) Landscaping is provided meeting the minimum requirements for
nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening
purposes may be required if it is found necessary to mitigate any impacts to adjoining residential
properties.
(c) Senior housing complex, provided the following conditions are satisfied:
(1) Minimum site area shall be no less than two (2) acres;
(2) Minimum setbacks, density, height and lot coverage of the underlying zone
shall apply;
(3) Off-street parking shall be a minimum one (1) space per dwelling;
(4) Except for a community building/clubhouse for the exclusive use of
complex residents, all accessory uses shall be located within a structure containing residential
units;
(5) Attached or detached structure types are permitted and dwelling units may
be owned by individuals or occupied as rentals;
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Title 20 BMC Updates – Zoning Code Amendments
(6) Access to alternative transportation such as public transit or on-site shuttle
services to access daily goods or services shall be provided; and
(7) A management agreement or covenants on individual properties to maintain
the complex as a senior citizen complex shall be recorded with the Kitsap County Auditor’s
office.
(d) Nursing/convalescent homes, provided:
(1) All state licensing requirements are satisfied;
(2) Minimum site area shall be no less than one (1) acre;
(3) Minimum setbacks, height and lot coverage of the underlying zone shall
apply;
(4) Off-street parking shall be a minimum of one (1) space per six hundred
(600) square feet of gross floor area;
(5) The number of required off-street parking spaces may be reduced, provided
the applicant can demonstrate that parking will not spill over into nearby residential properties
and any streets; and
(6) Landscaping is provided meeting the minimum requirements for
nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening
purposes may be required if it is found necessary to mitigate any impacts to adjoining residential
properties.
(e) Day care facilities (thirteen (13) or more persons receiving care), provided:
(1) All state licensing requirements are satisfied;
(2) Off-street parking shall be a minimum one (1) space per each five (5)
children based on the state license maximum occupancy load;
(3) One (1) loading/unloading space without backup is required for the first
twenty (20) children and one (1) additional space for up to each additional twenty (20) children;
(4) The number of required off-street parking spaces may be reduced, provided
the applicant can demonstrate that parking will not spill over into nearby residential properties
and any streets;
(5) Landscaping is provided meeting the minimum requirements for
nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening
purposes may be required if it is found necessary to mitigate any impacts to adjoining residential
properties; and
(6) The maximum height of a fence or wall within a front yard setback may be
increased up to six (6) feet, provided it enhances safety and security of an outdoor play area.
(f) Adaptive reuse of commercial buildings, provided the conditions set forth in
BMC 20.46.070 are satisfied.
(g) Manufactured home park or expansion of existing parks, provided:
(1) It is exempt pursuant to RCW 58.17.040 from requirements for property
segregation;
(2) The minimum site size shall be five (5) acres;
(3) Density shall meet the underlying zone;
(4) Adequate water, sewer, and utility services are available to all building sites;
(5) A fire protection system meeting the requirements of the City Fire Marshal
is provided;
(6) Interior circulation shall meet the City Engineer road standards plus the
following standards:
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Title 20 BMC Updates – Zoning Code Amendments
(i) All interior circulation routes shall be constructed within a tract or
easement;
(ii) Roads and driveways shall be paved;
(iii) The City Fire Marshal and City Engineer shall approve all fire
turnarounds;
(7) The following setbacks shall apply to manufactured homes or mobile homes,
together with their additions and appurtenant structures, accessory structures, and other
structures on the site (excluding fences), excluding any hitch or towing fixture:
(i) From interior roads, at least fifteen (15) feet from centerline of the
tract or easement, but in no case shall the setback be less than five (5) feet from the paved
surfaced edge;
(ii) Structures near the perimeter lot lines of the property shall comply
with the setbacks of the underlying zone;
(iii) A minimum of ten (10) foot separation between all manufactured
homes;
(8) Off-street parking spaces shall be provided in the following manner:
(i) One (1) parking space per home site; plus
(ii) One (1) parking space for each five (5) home sites for guest parking;
plus
(iii) Additional parking spaces to provide for the parking needs of
offices, community buildings, recreational facilities, or other uses within the park that may be
used by park residents or others;
(9) Outside storage of vessels (boats), household items and equipment is
prohibited, except a common central storage area may be provided for residents of the park. The
storage area shall be screened by a minimum five (5) foot high by five (5) foot wide sight-
obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum
setbacks of the underlying zone;
(10) Ten (10) percent of the site shall be maintained as common recreational
open space for the use of residents and:
(i) May include community areas and facilities such as playgrounds,
swimming pools, and hobby and craft shops;
(ii) However, it shall not include required landscaping areas, perimeter
setback areas, parking areas, storage areas, building separation areas or other areas deemed
impractical by the Director for the recreational enjoyment of the residents;
(11) Trees meeting the standards set forth in Chapter 20.50 BMC shall be
provided along all property lines abutting a residential zone and public streets. Exceptions for
trees may be allowed when a property line abuts an alley or is obstructed by a building or other
structure;
(12) Adequate lighting to illuminate streets, driveways, and walkways for the
safe movement of pedestrians and vehicles is required; and
(13) All water, sewer, electrical, and communication service lines shall be
underground.
(h) Worship, religious, and community facilities greater than twenty thousand (20,000)
square feet, provided:
(1) The site area shall be one (1) acre or more; and
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Title 20 BMC Updates – Zoning Code Amendments
(2) Landscaping is provided meeting the minimum requirements for
nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening
purposes may be required if it is found necessary to mitigate any impacts to adjoining residential
properties.
(i) Golf course, provided:
(1) A site plan review and a site development permit are approved pursuant to
Chapter 20.58 BMC;
(2) Through the conditional use permit, modifications to parking and
landscaping may be allowed in order to facilitate good design;
(3) Other conditions are applied as deemed necessary to mitigate impacts to
nearby residential properties and ensure compatibility with the neighborhood.
(j) Schools, parks and associated uses may be approved in accordance with the
following:
(1) The following uses are permitted through approval of a conditional use
permit:
(i) All public schools and associated gymnasiums and auditoriums;
(ii) Private schools (K-12) with thirteen (13) or more students;
(iii) Parks and playgrounds greater than one-half (1/2) acre;
(iv) Outdoor athletic fields;
(v) Boat launching and related facilities;
(vi) Maintenance and service yards;
(vii) Bus and other vehicle and equipment maintenance and storage
facilities;
(viii) Administrative office related to the facilities greater than two
thousand (2,000) square feet gross floor area;
(ix) Buildings and structures for nonprofit groups on public lands;
(2) Uses permitted pursuant to subsection (j)(1) of this section shall be subject
to complying with the following conditions:
(i) Front, side and rear yard setbacks of structures and outdoor storage
areas shall be at least thirty (30) feet;
(ii) Setbacks may be reduced for those portions of a structure fronting
interior streets;
(iii) The maximum height for any new construction may be increased to
match the architecture of existing buildings; provided, that it is set back an additional foot from
any property line for each additional foot of allowed height, and in no case shall the new
construction exceed forty-five (45) feet;
(iv) Landscaping is provided meeting the minimum requirements for
nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening
purposes may be required if it is found necessary to mitigate any impacts to adjoining residential
properties;
(v) Additional measures may be required if deemed necessary to
mitigate any noise impacts to adjacent residential uses; and
(vi) The maximum height of a fence or wall within a front yard setback
may be increased to six (6) feet, provided it enhances safety and security around an outdoor play
area.
(k) Public utility facilities located above ground, provided:
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Title 20 BMC Updates – Zoning Code Amendments
(1) Landscaping is provided meeting the minimum requirements for
nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening
purposes may be required if it is found necessary to mitigate any impacts to adjoining residential
properties;
(2) The maximum height of a fence or wall may be increased within a front yard
setback that will provide screening from adjacent uses and enhance safety and security around
the facility; and
(3) Exceptions to setbacks may be allowed if the applicant can demonstrate that
the public interest is better served by allowing the modification.
(l) Law enforcement and fire facilities, provided:
(1) Landscaping is provided meeting the minimum requirements for
nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening
purposes may be required if it is found necessary to mitigate any impacts to adjoining residential
properties.
(2) The maximum height of a fence or wall may be increased within a front yard
setback that will provide screening from adjacent uses and enhance safety and security around
the facility.
(m) Mineral resource extraction per BMC 20.46.080, provided:
(1) The site is located within a mineral resource overlay.
(n) Cottage Housing Development consisting of four (4) or more dwellings may be
approved in accordance with the following:
(1) Orientation. Lot orientation shall be in accordance with the following
standards:
(i) All units with primary street frontage shall first be oriented towards
the street, otherwise the common open space shall act as the street front and all units shall be
oriented towards the common open space.
(ii) Dwellings within a cottage housing development should be broken
up into groups of no more than twelve (12) dwellings arranged around a common open space.
The applicant shall demonstrate all efforts have been made to link housing clusters by ADA
accessible paths and shared parking.
(2) Open Space. The following open space requirements apply to all proposals
regardless of number of units:
(i) A minimum of four hundred (400) square feet of common open
space is required per dwelling unit.
(ii) Parking areas, setbacks, spaces between buildings of ten (10) feet or
less in width and driveways shall not count as common open space.
(3) Parking. Off-street parking shall be provided in accordance with the
requirements set forth in Chapter 20.48 BMC, and the following criteria:
(i) One-and-a-half (1.5) parking spaces are required for each dwelling
unit.
(ii) All parking areas and vehicle circulation shall be consolidated to the
degree feasible.
(iii) Parking areas serving more than one dwelling unit shall not be
located on a primary street frontage and should be located off an alley or a secondary street.
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Title 20 BMC Updates – Zoning Code Amendments
(iv) Garages and carports shall be oriented so that vehicle entrances are
located off an alley or private parking area. All efforts shall be made to not orient vehicle
entrances toward a primary frontage.
(4) Design Standards.
(i) Nonresidential Structures. Accessory structures and attached garages
shall meet design standards per BMC 20.60.060(d), and the combined gross square feet of all
accessory structures shall not exceed eighty (80) percent of the combined footprint of all onsite
residential structures.
(ii) All dwellings shall include a covered front porch that is integrated
with the structure’s architecture. The minimum porch depth shall be six (6) feet, with a minimum
width of ten (10) feet. This area shall not be included in dwelling gross square feet, but may be
included in required open space area.
(5) Nonconformities. An existing detached single-family residential structure,
which may be nonconforming with respect to the standards of this section, shall be permitted to
remain, but the extent of the nonconformity may not be increased. Such nonconforming dwelling
units shall be included in the maximum permitted cottage density.
SECTION 8. Section 20.60.060 of the Bremerton Municipal Code entitled
“Development Standards” is hereby amended to read as follows:
20.60.060 DEVELOPMENT STANDARDS.
(a) Lot Standards. Lot development requirements shall be in accordance with this
section and the following standards unless allowed for by law otherwise:
(1) Setbacks.
(i) Minimum front yard setback is fifteen (15) feet;
(ii) Minimum side yard setback is five (5) feet;
(iii) Minimum rear yard setback is fifteen (15) feet.
(2) Maximum structure height is thirty-five (35) feet.
(3) Maximum structure height in (R-10) areas within the downtown regional
center shall be pursuant to Figure 20.74(a) and shall supersede subsection (a)(2) of this section.
(4) Minimum lot width is thirty (30) feet.
(5) Maximum development coverage is sixty (60) percent.
(b) Zero (0) Lot Line (ZLL) Development. An attached single-family dwelling and/or
garage structure may have a single shared side or rear lot line, and a setback reduced to zero (0),
provided the structure complies with building code fire separation requirements.
(c) Accessory Structures. The following standards shall apply but are not limited to:
garages, carports, shops, barns, covered patios, cabanas, gazebos, and incidental household
storage buildings, excluding accessory dwelling units per BMC 20.46.010 and structures not
requiring a building permit:
(1) The maximum area for all accessory structures shall be eighty (80) percent
of the principal residential use not to exceed one thousand two hundred (1,200) square feet.
(2) Setbacks of detached accessory structures are pursuant to BMC 20.44.060.
(d) Garages, Storage Buildings and Shops.
(1) Any garage, storage building or shop structure shall be designed so that the
appearance of the building remains that of a single-family residence including the following:
(i) Constructed of similar materials as the principal unit;
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Title 20 BMC Updates – Zoning Code Amendments
(ii) A roof of equal or greater pitch as the principal unit;
(iii) A height no more than twenty-five (25) percent greater than the
principal unit not to exceed thirty-five (35) feet.
(2) Any garage, storage building, or shop may be exempt from the accessory
structure size requirements provided it is contained within the principal unit.
(3) Garage, Carport, and Shop Vehicle Entrance Setbacks. When the vehicle
entrance faces the street, the garage, carport, or shop shall have a front yard setback of at least
twenty (20) feet, except as provided in BMC 20.44.020 (Traditional front yard).
(e) Lot Area for Parks and Schools. Parks and schools may exceed maximum lot area
requirements if approved by a conditional use permit.
(f) A duplex or townhouse may only be permitted as follows:
(1) The underlying density of the zone is met; and
(2) Within five hundred (500) feet of a commercial district or center.
SECTION 9. Section 20.78.020 of the Bremerton Municipal Code entitled
“Outright Permitted Uses” is hereby amended to read as follows:
20.78.020 OUTRIGHT PERMITTED USES.
Only one (1) principal use shall be allowed on each residentially zoned lot unless allowed
for otherwise by law. This limitation shall not include permitted accessory uses associated with a
permitted principal use.
The following uses are permitted outright:
(a) Cemetery;
(b) Co-location of wireless communications per BMC 20.46.140;
(c) Community facilities of twenty thousand (20,000) square feet gross floor area or
less;
(d) Day care facility of twelve (12) or fewer persons receiving care;
(e) Education and schools (K-12) of twelve (12) or fewer students;
(f) Foster home;
(g) Group residential home;
(h) Manufactured home per BMC 20.46.040;
(i) Parks, playgrounds and open space equal or less than one-half (1/2) acre (twenty-one
thousand seven hundred eighty (21,780) square feet);
(j) Residential Uses.
(1) Single-unit dwelling unit, detached;
(2) Single-unit dwelling unit, attached (zero (0) lot lines) per BMC
20.78.060(b);
(3) Duplexes (meeting underlying zoning density);
(4) Townhouse (meeting underlying zoning density);
(5) Cottage Housing (meeting the provisions of BMC 20.60.040(n), except that
no conditional use permit is required)
(k) Worship and religious facilities of twenty thousand (20,000) square feet gross floor
area or less;
(l) Incubator for business associated with a worship and religious facility or community
facility, provided the following conditions are met:
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Title 20 BMC Updates – Zoning Code Amendments
(1) The incubated business is a use that is permitted outright in the
neighborhood business zone, BMC 20.82.020;
(2) Landscaping and signage requirements of the neighborhood business zone,
Chapter 20.82 BMC, shall be met; and
(3) The parcel upon which the incubated business is situated shall have frontage
on an arterial street.
SECTION 10. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance, including but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 11. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 12. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 2022.
_________________________________
MICHAEL GOODNOW, Council President
Approved this ________ day of _____________________, 2022.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________
ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 2022.
EFFECTIVE the ________ day of ______________________, 2022.
ORDINANCE NO. ____________
R:\Legal\Legal\Ordinances\Community Development\2022.08.29 Ordinance - Title 20 - Legal edits.docx
1
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
Amendments to Bremerton Municipal Code Title 20 related to (1) Cottage Housing, (2) Duplexes &
Townhomes, (3) Definition updates, and (4) Updates related to State required density bonuses for
religious institutions and the Bremerton Housing Authority.
I. FINDINGS OF FACT
1. Project Description:
The proposed amendment includes revisions to Bremerton Municipal Code as follows:
A. In the Low Density Residential Zone, remove requirement that duplex and townhome
uses be within 500 feet of a commercial district; BMC 20.60.
B. Add Cottage Housing Development as a permitted (or conditionally permitted) use in the
Low Density Residential (R-10) and Medium Density (R-18) Zones; BMC 20.60 & BMC
20.78.
C. Add density bonus for religious organizations and the Bremerton Housing Authority; BMC
20.58.
D. Add definition for Cottage Housing Development and revise definition for Maximum
Density; BMC 20.42.
2. Procedural History:
2.1 Planning Commission Workshops: April 18, 2022 & June 27, 2022
2.2 Washington State Department of Commerce Notice: July 7, 2022
2.3 SEPA Threshold Determination DNS: July 8, 2022
2.4 Notice of Public Hearing: July 8, 2022
2.5 Planning Commission Public Hearing: July 18, 2022
3. Public and Agency Comment:
3.1 At workshops held on April 18 & June 27, 2022, no comments were received:
3.2 In advance of the July 18, 2022 Public Hearing, written comments were received by the
Bremerton Housing Authority in support of the proposed density bonus; BMC 20.58.
3.3 At the Planning Commission Public Hearing on July 18, 2022, the following people
testified:
1.
2.
4. SEPA Determination:
A Determination of Non-Significance (DNS) was issued on July 8, 2022, to date no comments or
appeals have been filed.
5. Consistency:
Text amendments to Title 20 shall meet the decision criteria outlined in BMC 20.18.020(d). The
Planning Commission may recommend, and the City Council may adopt or adopt with
modifications, an amendment to Title 20 if the criteria outlined below are met.
(1) It is consistent with the goals and policies of the comprehensive plan;
Analysis: The proposed amendments continue to uphold the objectives and goals of the
Comprehensive Plan, and implement the following policies:
None
EXHIBIT A
EXHIBIT A
To: City Council
From: Garrett Jackson
Date: September 21. 2022
Subject: Amendments to the Zoning Code related to Duplex, Townhomes, Cottage
Housing, Bonus Density, and Definitions.
SUMMARY
City Council will be holding a public hearing on an Ordinance that amends the Bremerton
Municipal Code (BMC) Title 20 related to the following:
• Cottage Housing - Allow for multiple small homes on a single lot within the Low Density
Zone and Medium Density Residential Zone.
• Duplex & Townhomes - Permit these housing types within the Low Density Residential
Zone, as long as maximum density requirements are met.
• Density Bonus - Codify a State required density bonus for religious organizations that
provide affordable housing, and extend this entitlement to the Bremerton Housing
Authority.
• Definition Updates - Updates to the definitions section of the zoning code for Cottage
Housing and revising Maximum Density.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission unanimously approved the proposed amendments at a Public
Hearing held on July 18, 2022. Draft minutes from the July 18, 2022 Public Hearing are provided
following this memo.
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
Memo Zoning Code Amendments
⚫ Page 2
MISSING MIDDLE HOUSING
In 2018 Mayor Wheeler directed Staff to review existing City
code for opportunities to increase affordable housing; the results
of this effort were published later that year as the Assessment of
Bremerton’s Affordable Housing Policies & Regulations (also
known as the Infill Toolkit). A similar document detailing
strategies meant to add affordable housing was published in
collaboration with Kitsap County in 2020 as the City of
Bremerton & Kitsap County Affordable Housing
Recommendations Report. Affordable housing types can
sometimes be referred to as Missing Middle housing, which is
defined in the City/County joint publication as,
““. . . medium-density housing like duplexes, triplexes,
townhouses, courtyard style apartments, cottage clusters,
or accessory dwelling units. These types of housing
developments were largely outlawed in the post-war period
in favor of single-family housing units.”
Since 2018, several items identified in these documents have been codified by Council,
including: increasing density in the Medium Density Residential Zone to 18 Dwelling Units per
Acre (DUA), updating the Comprehensive Plan to allow duplex & townhomes in the Low Density
Residential Zone, increasing the City-wide minimum density to 6 DUA, permitting two Accessory
Dwelling Units (ADUs) per lot with no owner-occupancy requirement, and others. As items have
been codified, new items have been added over
the years; the proposed ordinance is the most
current proposal from the Infill Toolkit.
The following report offers an overview of the
proposal, with the included amending ordinance
providing more specific detail. Three Planning
Commission meetings were held to discuss the
proposed topics; links can be found below to
specific meeting packets.
• Planning Commission July 18, 2022 Public Hearing
• Planning Commission June 27, 2022 Workshop
• Planning Commission April 18, 2022 Workshop
In addition to Planning Commission meetings, Staff sought input from a variety of other
community groups. In May of 2022 Staff presented the proposed revisions to the Kitsap Housing
and Homeless Coalition (KHHC). This group is composed of over 50 partner agencies including
the Bremerton Housing Authority, Kitsap Community Resources, Habitat for Humanity Kitsap
County, Housing Kitsap, Catholic Housing Services, and ‘Ohannah House Ministries. The Kitsap
Building Association (KBA) and Kitsap County Realtors Association (KCAR) were also
consulted; to date only positive feedback has been provided for the proposed amendments.
Memo Zoning Code Amendments
⚫ Page 3
COTTAGE HOUSING
In February of this year, Staff received City Council approval
to accept a Housing Action Plan & Implementation (HAPI)
grant from the Department of Commerce in order to develop
a Cottage Housing code; this was a $40,000 nonmatching
fund grant. Since that time, Staff has developed the
proposed code which resulted in a unanimous Pla nning
Commission recommendation of approval to the City
Council. Typically, cottage housing consists of smaller
homes that are clustered around a common open space on a single lot; these modestly sized
homes are intended to provide more reasonably priced options. An example of what a cottage
housing development might look like is provided in the image at the top of the page. Examples
also exist within the City, from a time prior to the
development types prohibition; the adjacent image provides
one such example located on Snyder Avenue. Per the
proposed code, cottage housing developments are subject
to the development regulations of the R-10 zone, including
density requirements setbacks from property lines, etc.
Some other jurisdictions incentivize cottage housing by
providing a density bonus, however, existing text within the
Comprehensive Plan limits the cottage housing to existing
density standards. Other proposed code provisions include:
• Size. The size of individual units is proposed to be
limited to 1,200 square feet. The intent of this provision
is to encourage more affordable units, though market
forces will ultimately decide potential rates.
• Clustering. To encourage walkable communities and a
sense of neighborhood, clusters of cottage homes are
limited to 12 dwellings. Development proposals
exceeding 12 units will need to demonstrate how
additional housing is oriented into separate clusters.
• Open Space & Design Standards. It is typical for jurisdictions to require open space with
cottage housing projects. The proposed code requires 400 square feet of open space per
proposed unit. Covered porches that are architecturally integrated into the structure would
also be an imposed design standard intended to ensure a quality aesthetic and promote
neighborly activity.
• Incentives. In order to promote the development of these communities, certain incentives are
proposed. Parking ratios of 1.5 spaces per unit, as well as the ability to centralize parking in
shared areas, should provide a financial incentive. Cottage housing also provides a
permitting path that avoids the subdivision process. Subdivision can be a time consuming
and costly process; time and money are conserved by permitting multiple dwelling units on a
single lot.
Memo Zoning Code Amendments
⚫ Page 4
The adjacent map illustrates lots within the R-10
Zone that are potentially large enough to support
four dwelling units and meet density requirements.
As no density bonus is proposed for cottage
housing development at this time, it is unlikely that
development proposals with more than four
dwelling units will be planned at many locations
within the interior of the City. Accessory Dwelling
Units (ADU) developments require less parking
and have no open space or design requirements;
for these reasons it seems likely that ADU
development is the more cost effective option. As
ADUs developments are capped at three total
dwelling units, cottage housing developments
begin to be a more workable development type at
four or more dwellings. This same logic likely
applies to potential duplex and townhome
development, as proposals for three dwelling units or less are potentially more cost effective as
ADUs.
DUPLEX & TOWNHOMES
The current City zoning code contains provisions that permit duplexes and townhomes to be
built selectively in the Low Density Residential (R-10) Zone, the proposed zoning code
amendments would expand that entitlement to the remainder of the zone. Proposed zoning
code amendments would permit these housing types only when the density standards of the
zone are not exceeded. Existing code permits housing varieties like these in the R-10 Zone in
several scenarios:
• BMC 20.60.060(f) allows duplexes and townhomes to be constructed if the property is
located within 500 feet of a commercial district or center.
• BMC 20.58.060(d)(7) permits townhomes to be constructed in conjunction with a specialty
subdivision referred to as a Residential Cluster Development (RCD). Unlike provisions per
BMC 20.60.060(f), this subdivision type is permitted throughout the R-10 Zone.
• BMC 20.46.010 allows Accessory Dwelling Units (ADUs) to be constructed in all areas within
the R-10 Zone. A primary residence is permitted to include two ADUs, for a total of three
dwelling units on a single lot. ADUs are not subject to density requirements, so they carry the
potential to develop at higher densities than a traditional duplex or townhome which is limited
to the density standards of the zone.
Memo Zoning Code Amendments
⚫ Page 5
• BMC 20.60.020(j)(2) permits attached
single-family homes, meaning single-family
homes that have a property line bisecting
the two units. The adjacent image shows
an example of an attached single-family
home built in 2019 located on High
Avenue. It is very likely that any passerby
would assume that this structure is a
duplex, when in fact it
is not.
While these code
provisions may stand as
examples of increased
permitted housing types in
the City, they are also
examples of why it may be
appropriate to end the
prohibition on duplex and
townhomes within R-10
zone, as the zoning code
currently either outright
allows duplex or
townhomes in certain
scenarios or permits
similar development that
mirror those housing types.
It can be confusing for citizens to understand why regulatory hurdles exist for duplex and
townhome development, when they are otherwise permitted in certain scenarios. Adding to this
confusion is the historical development of duplex and multifamily development within the R -10
zone from time periods when these uses were permitted in these geographical areas. The map
above illustrates the existing prevalence of duplex, triplex, and apartment structures within the
R-10 Zone. With hundreds of examples of these structures within the zone, Staff regularly
hears, “What do you mean I can’t build a duplex, when there are already so many in my
neighborhood?”
Memo Zoning Code Amendments
⚫ Page 6
At the County level, our jurisdictional neighbor is currently leading the way with permitted
housing types allowed within their borders. While generally associated with rural development,
counties are the jurisdictional authorities over Urban Growth Areas (UGAs) which can also
permit urban development. UGAs associated to the City of
Bremerton, but currently under the jurisdiction of Kitsap
County, are pictured in image below. Each one of the
zones bordering the City permit or conditionally permit
duplex, townhomes, and cottage housing. It may be
appropriate that incorporated areas would also permit
these housing types to ensure complementary levels of
urbanism. Allowing these additional housing varieties
would also ensure consistent land use regulations across
jurisdictional boundaries for those seeking to develop
housing in Kitsap.
Washington State legislators have been attempting to
lessen housing shortages by removing local control over permitted housing varieties. Examples
from 2020 (SB 5670 and HB1782) to 2022 (SB 6536 and HB 2780) demonstrate the State’s
ongoing efforts to mandate additional housing varieties on local governments. While these efforts
have not been enacted in law, it does establish how the State is committed to lessening housing
shortages through the production of Missing Middle housing.
DENSITY BONUS
In 2019 RCW 36.70A.545 was codified and requires jurisdictions within Washington State to
provide a density bonus to religious organizations that provide affordable housing. The
legislation left the exact execution of the density bonus up to jurisdictions to interpret, which
results in negotiating individual proposals on a case -by-case basis for jurisdictions that do not
provide a codified permitting path. To avoid this uncertainty, the Planning Commission
recommends a density bonus of 50% above that permitted in zones with a maximum density.
This would result in the densities shown in the table below, though it should be noted that the
Bay Vista Subarea Plan and the East Park Subarea Plan are nearing 100% buildout and
therefore likely have no development potential related to the density bonus.
Zone Maximum DUA Bonus Density DUA
Low Density Residential, R-10 10 15
Medium Density Residential, R-18 18 27
High Density Residential, R-40 40 60
Bay Vista Subarea 38 - 65 57 - 97
Downtown Subarea Plan, R-20 20 30
East Park Subarea Plan 12 - 50 18 - 75
Eastside Village Subarea, CRL 30 45
The density bonus would only be available to development proposals that include the following
criteria:
• All residential units within the development are for Low Income Families as defined by RCW
84.14.010, which means families making less than 80% of the County Area Median Income.
Memo Zoning Code Amendments
⚫ Page 7
• A Notice to Title will be required which relays that affordable housing shall be provided for a
period of no less than 50 years.
• Applicants are required to consult with Kitsap Transit to ensure adequate transit is available
to the site.
• The affordable housing development does not discriminate against any person who qualifies
as a member of a low-income household based on race, creed, color, national origin, sex,
veteran or military status, sexual orientation, or mental or physical disability; or otherwise act
in violation of the federal fair housing amendments act of 1988 .
Additionally, as the leader in providing affordable housing in Kitsap County, the density bonus is
proposed to be extended to the Bremerton Housing Authority (BHA). BHA has actively followed
the amendment process and is supportive of the proposal.
DEFINITIONS
Two updates to BMC 20.42 Definitions are proposed, an added definition for cottage housing
and a revised definition for maximum density; both are provided in their entirety below.
• “Cottage Housing Development” means a lot containing more than one principal
conventional dwelling unit. Units shall not be greater than 1,200 gross square feet, and shall
not share any common walls, ceilings, or floors with other principal conventional dwelling
units.
Memo Zoning Code Amendments
⚫ Page 8
• "Density, maximum" means the maximum number of dwellings
allowed per the net gross buildable acreage as stated for each
zone. Where not specified in a zone chapter, no maximum
density shall apply.
The need for the added definition for cottage housing is clear, as
there were no provisions previously for this development type,
which leaves the density revision for further explanation. This
proposed change is meant to facilitate a more common -sense
approach to calculating density that could result in additional
dwelling units being constructed in the City. The current definition
for maximum density calculates the maximum number of dwelling
units based off of net acreage, as opposed to gross acreage. A net
acre subtracts critical areas, streets, and other undevelopable
areas from the total acreage, prior to calculating the number of
permissible dwelling units based on the zone’s density. This often
leads to customer confusion, as most would assume that a one-
acre lot in the R-10 zone would yield a maximum of 10 dwellings,
though this is seldom the case. The adjacent image illustrates two
hypothetical developments of five dwellings, each on a one-half
acre lot. Example #1 requires subdivision in order to construct
more than one primary dwelling, has zero critical areas, and yields
five total dwellings. This development method requires more
physical space, as a minimum of 10 feet is required between
dwellings for setbacks, each may require an individual driveway,
and potentially individual utility easements. Example #2 illustrates
a lot with wetlands, wetland buffers, and utility easements that
remove over one half of the developable area from the lot. In a net acreage scenario, only two
dwellings could be constructed on the lot, even if there is the physical space to construct five
dwellings. As duplex, townhomes, and cottage housing utilize less physical space, it seems
appropriate to instead consider a gross acreage calculation.
EXAMPLE 2
EXAMPLE 1
DRAFT
Subject September 19, 2022, Approval
CITY OF BREMERTON
PLANNING COMMISSION
MINUTES OF VIRTUAL MEETING
July 18, 2022
CALL TO ORDER:
Chair Tift called the regular meeting of the Bremerton Planning Commission to order at 5:30 p.m.
ROLL CALL
Commissioners Present
Staff Present
Chair Tift
Vice Chair Rich
Commissioner Coviello
Commissioner Flemister
Commissioner Pedersen
Commissioner Wofford
Commissioners Excused
Commissioner Mosiman
Quorum Confirmed
Andrea Spencer, Director, Department of Community Development
Garrett Jackson, Planning Manager, Department of Community Development
Kate Millward, Planner, Department of Community Development
Sarah Lynam, CBDG Administrator, Department of Community Development
CHAIR CALL FOR MODIFICATIONS TO AGENDA
The agenda was accepted as presented.
APPROVAL OF MINUTES
COMMISSIONER WOFFORD MOVED TO APPROVE THE MINUTES OF JUNE 27, 2022, AS PRESENTED.
COMMISSIONER PEDERSEN SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY.
PUBLIC MEETING
Call to the Public (public comments on any item not on the agenda)
Chair Tift invited comments from citizens. There were none.
Workshop: Zoning Code Amendments for Cottage Housing, Duplexes and Townhomes, Definition Updates, and State
Law Updates Related to Density Bonuses for Religious Institutions and Bremerton Housing Authority (BHA)
Mr. Jackson advised that all of the proposed amendments are based on documents that have already been put together by the
City of Bremerton and its partners, including the Assessment of Bremerton’s Affordable Housing Policies and Regulations
(Infill Toolkit) and the City of Bremerton and Kitsap County Affordable Housing Recommendations Report . Both documents
DRAFT
Bremerton Planning Commission Minutes
July 18, 2022 ~ Page 2 of 4
are available on the City’s website. He reviewed that the proposed amendments were presented to the Commission at a public
workshop on April 18th. In addition, staff presented the amendments to the Kitsap Housing and Homeless Coalition i n May.
Participants in the Coalition include the Bremerton Housing Authority (BHA), Kitsap Community Resources, Habitat for
Humanity-Kitsap County, and Housing Kitsap, as well as religious organizations that specialize in housing such as the Catholic
Housing Services and Ohana House Ministries. The legislative, marked-up code was presented to the Commission at their
June 27th meeting and was forwarded to the Department of Commerce for dissemination to various State organizations for
review. The State Environmental Policy Act (SEPA) review started on July 8 th, and no objections have been received. Staff
presented to the Kitsap Builders Association and Kitsap Realtors last week.
Mr. Jackson reviewed each of the proposed changes as follows:
• Allow Duplexes and Townhomes in the Low-Density Residential (LDR) Zone.
Mr. Jackson explained that, currently, duplexes and townhomes are outright permitted in the LDR zone, but only on
properties located within 500 feet of a commercial district. Townhomes are also a permitted use in the LDR zone with a
residential cluster development, which is a specialty type of subdivision. In addition, two Accessory Dwelling Units
(ADUs) are permitted on any property in the LDR zone, with no owner-occupancy requirement. Kitsap County permits or
conditionally permits duplexes, cottage housing and multi-family housing in all Urban Growth Areas (UGAs) associated
with Bremerton, so the proposed amendments would provide some continuity between what the City allows and what is
allowed in the areas that will likely be annexed into the City at some point. In addition, the Washington State Legislature
has proposed mandating additional housing types statewide, and the Federal Government released a White House Brief in
2021, encouraging local jurisdictions to reduce exclusionary zoning in order to create affordable housing and boos t
production of two to four-unit housing development.
Mr. Jackson advised that, as proposed, Bremerton Municipal Code (BMC) 20.60 would be amended to remove the
provision that limits townhomes and duplexes to LDR properties within 500 feet of a commercial district or center. If
approved, townhomes and duplexes would be outright permitted in all LDR-zoned property.
• Allow Cottage Housing in the Low-Density Residential (LDR) and Medium-Density Residential (MDR) Zones.
Ms. Millward explained that cottage housing is a small-scale development type where the number of units is typically
limited to between four and twelve. The homes are oriented toward an open space as opposed to the street, creating a more
pedestrian versus vehicular environment, as well as a sense of built-in neighborliness that supports a smaller community
and is representative of a traditional development style that is very familiar in the country. Cottage housing development
does not require that property be subdivided. As proposed, each cottage housing unit would be limited to 1,200 square
feet in size, with no more than 12 units in a cluster. In addition, 400 square feet of open space would be required per unit,
and nonresidential structures (sheds/garages, etc.) would be limited to 80% gross square feet of all combined residential
structures. A minimum 6’x10’ covered front porch would be required for each unit, as well.
Ms. Millward advised that, as proposed, 1.5 parking spaces would be required, which is lower than the typical 2 parking
space requirement, and no subdivision would be required. An existing home that does not conform to the cottage housing
standards would be allowed to remain on the site. In LDR zones, three u nits or less would be outright permitted when
meeting all criteria of approval, and four or more units would be conditionally permitted. In the Medium -Density
Residential zone, (MDR), cottage housing would be outright permitted when meeting all criterial of approval.
• Allow Bonus Densities for Religious Organizations.
Mr. Jackson advised that, per Revised Code of Washington (RCW) 36.70A.545, jurisdictions are required to allow bonus
densities to religious organizations that provide affordable housing. However, all housing units must be for low -income
individuals or families for a period of time no shorter than 50 years. In addition, the housing provider would be prohibited
from discriminating against any person who qualifies as a member of a low -income household. As proposed, the bonus
density provision would also be offered to the Bremerton Housing Authority (BHA). A density bonus of up to 50% would
be allowed for qualifying projects in all zones with a maximum density.
DRAFT
Bremerton Planning Commission Minutes
July 18, 2022 ~ Page 3 of 4
Mr. Jackson referred to Exhibit B, which is a letter from the BHA indicating support for the proposed chang es. The
procedure would be a Conditional Use Permit (CUP), and the criteria for approval would include: meet all other City
standards (parking, utilities, traffic mitigation, etc.), does not apply to congregate living facilities, all units are affor dable
as defined by RCW 84.14.010, a 50-year term recognized by a recorded Notice to Title, consult with Kitsap Transit on
appropriate transit services, and housing is provided in a nondiscriminatory way.
• Change the Definition for “Maximum Density.”
Mr. Jackson explained that the proposed additional housing varieties are a much more compact way of developing, and
single-family homes are more spread out. The proposed changes will offer a greater opportuni ty to provide additional
units on a gross basis as opposed to a net basis. He shared a diagram to illustrate the difference between gross -acre and
net-acre measurements, noting that a net-acre measurement subtracts critical areas, utilities, easements, etc. from the total
land available for development. A more straightforward approach is to base maximum density off a gross -acre
measurement.
Mr. Jackson recommended that the Commission conduct a public hearing, deliberate and provide a recommendation to the
City Council regarding the proposed amendments to Title 20 of the BMC.
Chair Tift opened the public hearing and invited public comments. There were none, and Chair Tift closed the public hearing.
Commissioner Wofford asked if the required 6’x10’ front porch would be included in the 1,200 square foot maximum unit
size, and Mr. Jackson answered no.
Commissioner Coviello asked if any feedback was received from the Kitsap Build ers Association. Mr. Jackson responded
there were no negative comments following his presentation to the group, and no written comments have been submitted , either.
The only written comment regarding the proposed amendments was from the Bremerton Housing Authority (BHA). Vice
Chair Rich asked if any comments from residents were received, and Mr. Jackson answered no.
COMMISSIONER WOFFORD MOVED THAT THE COMMISSION RECOMMEND THE CITY COUNCIL
ADOPT THE ZONING CODE TEXT AMENDMENTS TO TITLE 20 OF THE BREMERTON MUNICIPAL CODE
AS SHOWN IN ATTACHMENT A, AND BASED UPON THE STAFF REPORT AND THE FINDINGS AND
CONCLUSIONS PRESENTED IN ATTACHMENT C. VICE CHAIR RICH SECONDED THE MOTION, WHICH
CARRIED UNANIMOUSLY.
Director Spencer thanked the Commissioners for their participation in the amendment proce ss, which has been ongoing for
the past several months. They asked some good questions along the way and provided good input.
BUSINESS MEETING
Chair Report
Chair Tift did not have any items to report.
Director Report
Director Spencer reminded the Commissioners that their August meeting was cancelled. She reported that they are in the
process of reviewing applicants for the Project Assistant position and will likely have the position filled by the Commission’s
next meeting on September 19th. At this point, she doesn’t know if the September meeting will be in person or virtual, as the
City Council hasn’t made a decision yet.
DRAFT
Bremerton Planning Commission Minutes
July 18, 2022 ~ Page 4 of 4
Old Business
There was no old business.
New Business
Chair Tift thanked the Public Works Department for painting spaces for bicycles along Kitsap Way. These improvements
will be great for the cyclists in the community.
ADJOURNMENT
The meeting was adjourned at 5:57 p.m.
Respectively Submitted by:
___________________________________ ____________________________________
Andrea L Spencer, AICP Rick Tift, Chair
Executive Secretary Planning Commission
From: Garrett Jackson <Garrett.Jackson@ci.bremerton.wa.us>
Sent: Friday, September 16, 2022 5:57 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Cc: Andrea Spencer <Andrea.Spencer@ci.bremerton.wa.us>
Subject: Requested Information: Proposed Zoning Code Amendments
Council,
At the study session this week, there were a number of information requests related to proposed Zoning
Code Amendments. Please see your requested materials addressed below:
1. White House Fact Sheet. A request was made for a copy of this document, please find a full copy
attached as well as a link to the webpage here.
2. Maximum Density definitions from Kitsap jurisdictions. It does not appear that any Kitsap
jurisdiction uses Max Density based on a net basis (except Bremerton currently).
• Kitsap County
“Density, maximum” means the largest number of dwelling units that shall be developed on
a property(s) within a specific zone based upon the gross acreage of the property(s). In
circumstances involving state or federal bald eagle habitat regulations, the calculation of
maximum density may be affected.
• Poulsbo
Density, Maximum. The “maximum density” shall be calculated by multiplying the
development’s subject site gross acreage by the maximum number of dwelling units allowed
in the applicable zoning district. Maximum density is used to determine the maximum
number of lots or units that may be achieved in a development.
• Port Orchard
There is no maximum density in the City of Port Orchard (confirmed with PO Staff).
• Bainbridge Island
Density. “Density” means the number of dwelling units allowed in the lot area, not including
accessory dwelling units. In zones that use floor area ratio (FAR) in place of units per acre,
“density” means the maximum floor area allowed.
3. Allowed Uses in other single-family zoning districts in the County.
• Kitsap County. The least dense zone in the County urban area is 1-5 Dwelling Units per Acre
(DUA); in this zone duplex are permitted outright and cottage housing and multifamily are
conditionally permitted.
Urban Low Residential (5-9 DUA): duplex, cottage housing, and multifamily structures
permitted
• Poulsbo. The least dense zone in Poulsbo is 4-5 DUA. In this zone only single family homes
are permitted, however, in the Residential Medium zone is (6-10 DUA) duplex, townhomes,
apartments are permitted outright; this is notable as the Bremerton R-10 zone is 6-10 DUA as
well.
• Port Orchard (No density standards): only single family homes and cottage housing
permitted. Note: cottage housing in Port Orchard requires buildings be on individual lots.
• Bainbridge Island. Multifamily uses (which include duplex) are conditionally permitted in the
residential zoning districts with the least density.
4. Permitting Data. Ordinance 5364 (attached) granting duplex/townhomes in select areas of R-10
became effective December 21, 2018. Since that time one new duplex has been constructed at 306 &
308 Shore Drive in 2021.
5. Uses within 500 feet. A map illustrating areas within 500 feet of commercial zones/centers was
requested, as it relates to BMC 20.60.060(f); please find that illustration below. Commercial areas are
shown in dark orange, R-10 in yellow, and the black line demarks 500’ from commercial.
Garrett Jackson
Planning Manager
(360) 473 - 5289
Mailing Address: 345 6th Street, Suite 100
Physical Address: 345 6th Street, Suite 600
Bremerton, WA 98337
From: Leif Bentsen <l.a.bentsen@comcast.net>
Sent: Friday, September 2, 2022 3:47 PM
To: Garrett Jackson <Garrett.Jackson@ci.bremerton.wa.us>
Subject: RE: Proposed zoning for additional housing
Garrett,
My comments for the upcoming public meeting.
I support additional residential units being allowed in zoning for single
family-residences, providing that they do not exceed four stories in
inappropriate neighborhoods. I also support eliminating all single-family
residence only zoning.
Sincerely,
Leif Bentsen
The 400 Condominium, unit 103
400 Washington Avenue
Bremerton, WA 98337
From:Michael Nystrom
To:City Council
Cc:Michael Nystrom
Subject:Proposed Zoning Code Amendments - Comments for the Record
Date:Wednesday, September 21, 2022 11:20:27 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Dear Bremerton City Council,
Please accept the below comments for the Public Hearing concerning Proposed Zoning Code
Amendments scheduled for 21 September 2022 at 5:00 PM. Please note that we are joint homeowners
with our son for a residential property located on Ironsides Avenue in the Manette neighborhood of
Bremerton.
We intensely oppose the proposal to allow multiple small homes on a single-family lot within the low and
medium density residential zones. We also strongly reject the proposal to allow duplexes and townhomes
on these types of lots, or to authorize or expand the Bremerton Housing Authority's density bonus
exemptions provide by the state to religious organizations.
Specifically, the proposed zoning code amendments should not be allowed because:
1. This is a short-sighted solution that will create greater problems and greater inequalities in the future.
The proposed changes are less about creating affordable housing and more about allowing some
individuals who can afford it to make a quick buck at the expense of their neighbors who now have to
tolerate increased traffic, less parking, more noise, destroyed views, more crime, and the collapse of the
"feel" of community that they desired and believed would remain the same after they originally bought
their home. Not all change is good - these proposed changes are bad for Bremerton!
2. It is easy to see how rich people and/or corporations will swoop in and buy up individual parcels, and
cram together the most cheaply built homes that ruin the look and feel of the neighborhood for everyone
else living there, all to maximize their own profits. Market forces do not drive beautifying neighborhoods.
Individual homeowners proud of where they live do. Bremerton should not become a Monopoly Game
board where people are primarily incentivized to cram as many rental houses as possible onto a single
property.
3. Bremerton has already blocked out the downtown water and mountain views for people driving or
walking by allowing mega-sized condominiums to invade Sinclair Inlet. The boardwalk does not erase
what was lost along the street. These views for all can never be reclaimed and are lost forever unless a
person is rich enough to afford to buy such expensive properties. Bremerton was built on proud tradition
of blue-collar equality where the beauty of the area could be enjoyed by all. Now, a working family in the
shipyard cannot even come close to being able to buy one of the downtown condos that are affordable
only to wealthy people who have no deep roots in our community. These proposed zoning changes are
irreversible, as are the negative effects they will have on our city. What these zoning changes will do
years in the future is to turn the thriving family-based communities of today, similar those envisioned by
George Bailey in "It's a Wonderful Life", into rundown shantytown areas managed by out-of-town
slumlords that are more like Potter and his cheap high-density housing in Pottersville in this movie -
where the only people living there are the ones who can't afford to move out.
4. Finally, the proposed zoning amendments do not respect the rights of existing homeowners in these
neighborhoods whose property values, views, and lifestyle they originally purchased are negatively
changed. We bought our property believing the look, feel, and community of our little neighborhood would
stay the same. The proposed zoning changes, as noted above will only lead to increased traffic and
crowd out street parking. This is only logical. Many people have multiple vehicles. It's easy to see that if
two new homes are crammed into a lot that could mean four or more additional vehicles - or upwards of
three to ten cars, trucks, and motorcycles per lot. It's also not hard to imagine an expansion of junky lots,
filled with broken down cars. We have these today, only it will be doubled or tripled as the density
increases.
At one time Bremerton was considered one of the most livable cities in the county. These proposed
zoning changes would erase that as an opportunity for future generations forever. There are other
solutions. For example, zoning and property tax incentives could favor recycling old abandoned unused
buildings and turning them into nice affordable homes. The old rundown Sizzler and Denny's restaurant
buildings are easy examples where multi-story apartments or condominiums could be erected close to
shopping and businesses that could serve them, enhance the "neighborhood" in that area without
destroying the established communities that exist elsewhere. Bremerton can be both businesses and
people friendly, but only if we are creative enough to find alternate solutions.
Thank you for accepting these comments and entering them into the public record.
Sincerely,
Mike and Lisa Nystrom
1300 Ironsides Avenue
From:
To:
Subject:
Date:
James Clough
City Council
Letter of Support for Zoning Amendments
Wednesday, September 21, 2022 1:28:26 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Good afternoon Council,
I am writing to express KCAR’s appreciation of, and support for the code amendments that the city is
considering. These changes will have a positive impact on the cost of housing, it will make housing
units easier to produce, and the Kitsap County Association of REALTORS® is supportive of these
measures.
I would also like to thank the council, and DCD staff, for their efforts to keep KCAR involved and
updated. The efforts to communicate have been excellent and are very much appreciated. The
inclusion of data from our Target:Housing Summit was noticed and we are extremely happy/proud
to be a part of the decision making process.
Thank you again for the great work!
JAMES CLOUGH, AHWD, C2EX
GOVERNMENT AFFAIRS DIRECTOR
KITSAP COUNTY ASSOCIATION OF REALTORS®
P: 425-941-5345
E: james@kitsaprealtor.org
W: kitsaprealtors.org
A: 3689 Munson Street, Silverdale WA 98383
From:Grant M. Brooks
To:City Council
Subject:Public hearing re proposed zoning code amendments
Date:Tuesday, September 20, 2022 3:43:42 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
As a resident of Bremerton district 6, I support updates to zoning code to permit additional
housing types, including cottage housing, duplexes and townhomes within the City.
Furthermore I support the city council to codify a State required density bonus for religious
organizations to provide affordable housing and to extend the entitlement to Bremerton
Housing Authority.
The City requires more housing density and I believe that the above changes to zoning code
may provide the opportunity to ameliorate this issue. Thank you.
Grant Brooks
1414 Naval Ave
Bremerton WA
98337
206-992-4395
From:Garrett Jackson
To:mjfilmmaker@yahoo.com
Cc:Andrea Spencer; City Council
Subject:RE: Proposed zoning code amendments easing current housing restrictions
Date:Wednesday, September 21, 2022 12:48:24 PM
Mr. Decourcey,
Thank you for your inquiry and I want to understand your question better regarding the new code.
The city's code already permits up to two small accessory dwelling units (often referred to as
"mother-in-law" units) on residential lots. The new code proposal would allow a collection of
smaller-scaled housing units (less than 1,200 square feet each) to be built on one lot without
subdivision. Please let me know what your question is so that I can help explain - you can call me or
send an email. I appreciate that you took the time to send this message to inquire about the City's
new code provisions
Garrett Jackson
Planning Manager
(360) 473 - 5289
Mailing Address: 345 6th Street, Suite 100
Physical Address: 345 6th Street, Suite 600
Bremerton, WA 98337
From: MJ Filmmaker <mjfilmmaker@yahoo.com>
Sent: Monday, September 19, 2022 5:11 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Proposed zoning code amendments easing current housing restrictions
CAUTION: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
RE: A question concerning the easing of current housing restrictions adding a second small home on
a single lot.
To whom it may concern:
If a “tiny house” is allowed by changes contemplated, is there a way that the new residence might
be sold separately from the main dwelling?
Although I realize this is no doubt subject to numerous variables, It poses an important issue for
individual property owners wishing to add a small dwelling.
Thanks for your consideration,
Sincerely,
MICHAEL DECOURCEY
Resident in Bremerton zip 98337
From:City Council
To:City Council
Cc:Garrett Jackson; Andrea Spencer; Greg Wheeler
Subject:FW: Citizen Comments - In favor of proposed Zoning changes for Cottage Housing (Annika Turner)
Date:Wednesday, September 21, 2022 5:26:02 PM
Attachments:image001.png
Importance:High
Ms. Turner,
This is to acknowledge that your email was received, and to let you know that it was provided to the
Council Members for their review and information.
Due to the subject matter, a copy was also shared with Mayor Wheeler and DCD Officials.
Please note that because this email was received after 4:00 PM, it will not be included in the on-line
version of the Council Packet, but your comments have been shared with the Council Members, and
your comments will be included in the final record.
Thank you for taking the time to submit your comments.
Lori Smith
Legislative Office Manager
Bremerton City Council
(360) 473-5280
www.BremertonWA.gov
From: Annika Turner <annika@kitsapiac.org>
Sent: Wednesday, September 21, 2022 4:00 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: In favor of proposed Zoning changes for Cottage Housing
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Hello city council members,
I live and work in the city of Bremerton.
I am writing in favor of the proposed zoning changes that would allow Cottage Housing in the R-10
and R-18 zones.
Cottage housing would allow for:
Increased home ownership, because we would have more units and more affordable units (not
just rentals)
Increased community resiliency because the Cottage Housing construction style fosters more
neighbor-to-neighbor interactions in the layering of public to private space, the concentration of
parking, and the layout of the houses/open spaces. See this website by architect Ross Chapin for
further info: https://pocket-neighborhoods.net/index.html
Thank you for your consideration of what is best for Bremerton residents now and in the future,
Annika Turner
Family Services Director (she/her pronouns)
Kitsap Immigrant Assistance Center
Work Cell/Whatsapp: 360-440-2376
Office: 360-616-2722
Mail: PO Box 1276 | Bremerton, WA 98337
Location: 3627 Wheaton Way #106 | Bremerton, WA à By appointment only
Visit us on our website or check out our bilingual Facebook group.
Zoning Code Amendments
Public Hearing
Infill Tool Kit: Duplex, Townhomes, Cottage
Housing, Density Bonus
Presenter: Garrett Jackson
September 21, 2022
1
Guidance Documents
2
https://www.bremertonwa.gov/DocumentCenter/View/7035/Infill-Toolkit-PDF
Assessment of Bremerton’s Affordable Housing Policies &
Regulations (Infill Tool Kit)
•Raised citywide minimum density to 6 DUA
•Relaxed regulations on Accessory Dwelling Units
•Allowed lot size averaging for subdivisions
•Relaxed standards on Manufactures Homes
•Duplex and Townhome w/in 500’ commercial
3
http://www.bremertonwa.gov/DocumentCenter/View/8501/Kitsap-
Affordable-Housing-Recommendation---Full-Report-PDF?bidId=
Guidance Documents
Assessment of Bremerton’s Affordable Housing Policies &
Regulations (Infill Tool Kit)
City of Bremerton & Kitsap County Affordable Housing
Recommendations Report
•Raised Citywide minimum density to 6 DUA
•Relaxed regulations on Accessory Dwelling Units
•Allowed lot size averaging for subdivisions
•Relaxed standards on Manufactures Homes
•Duplex and Townhome w/in 500’ commercial
Guidance Documents
4
https://www.bremertonwa.gov/DocumentCenter/View/7035/Infill-Toolkit-PDF
Assessment of Bremerton’s Affordable Housing Policies &
Regulations (Infill Tool Kit)
•Raised Citywide minimum density to 6 DUA
•Relaxed regulations on Accessory Dwelling Units
•Allowed lot size averaging for subdivisions
•Relaxed standards on Manufactures Homes
•Duplex and Townhome w/in 500’ commercial
•Others
Current Proposal
5
https://www.bremertonwa.gov/DocumentCenter/View/7035/Infill-Toolkit-PDF
Assessment of Bremerton’s Affordable Housing Policies &
Regulations (Infill Tool Kit)
•Duplex & Townhomes in Low Density Residential (R-10) Zone
•Cottage Housing in R-10 & R-18 Zones
•Affordable Housing Density Bonus citywide
•Definition update
Missing Middle Housing
6
City of Bremerton & Kitsap County Affordable
Housing Recommendations Report,
“. . . medium-density housing like duplexes,
triplexes, townhouses, courtyard style
apartments, cottage clusters, or accessory
dwelling units. These types of housing
developments were largely outlawed in the
post-war period in favor of single-family housing
units.”
Revise Allowed Uses To Promote Infill:
Duplex & Townhomes in LDR Zone
7
Housing Types (Federal)
8
https://www.whitehouse.gov/briefing-room/statements-
releases/2021/09/01/fact-sheet-biden-harris-administration-announces-
immediate-steps-to-increase-affordable-housing-supply/
•Work with state and local governments to boost housing
supply by reducing exclusionary zoning.
•Encourage 2-4-unit properties.
Housing Types (State)
9
https://lawfilesext.leg.wa.gov/biennium/2021-
22/Pdf/Bill%20Reports/Senate/5670%20SBA%20HLG%2022.pdf?q=2022091412
5300
Adds requirements for local jurisdictions to
allow Missing Middle housing
•SB 5670 -2021-22
•HB 1782 -2021-22
•SB 6536 -2019-20
•HB 2780 -2019-20
Housing Types (County)
10
http://www.bremertonwa.gov/DocumentCenter/View/8501/Kitsap-
Affordable-Housing-Recommendation---Full-Report-PDF?bidId=
Outlines strategies to achieve
Missing Middle housing
Housing Types (County)
11
https://psearch.kitsapgov.com/psearch/
•Urban Restricted (UR)
•Urban Low Residential (UL)
•Urban Medium Residential (UM)
•Urban High Residential (UH)
•Commercial
Housing Types (Local)
12
•BMC 20.60.060(f)duplexes and townhomes within
500 feet of a commercial district or center.
•BMC 20.58.060(d)(7)townhomes Residential Cluster
Development (RCD) in all areas within R-10 Zone.
•BMC 20.60.020(j)(2)attached single-family homes in
all areas within R-10 Zone.
•BMC 20.46.010 Accessory Dwelling Units (ADUs) in all
areas within the R-10 Zone. Three total dwellings. No
density requirement.
Housing Types (Local)
13
•BMC 20.60.060(f)duplexes and townhomes within
500 feet of a commercial district or center.
•BMC 20.58.060(d)(7)townhomes Residential Cluster
Development (RCD) in all areas within R-10 Zone.
•BMC 20.60.020(j)(2)attached single-family homes in
all areas within R-10 Zone.
•BMC 20.46.010 Accessory Dwelling Units (ADUs) in all
areas within the R-10 Zone. Three total dwellings. No
density requirement.
Housing Types (Local)
14
•BMC 20.60.060(f)duplexes and townhomes within
500 feet of a commercial district or center.
•BMC 20.58.060(d)(7)townhomes Residential Cluster
Development (RCD) in all areas within R-10 Zone.
•BMC 20.60.020(j)(2)attached single-family homes in
all areas within R-10 Zone.
•BMC 20.46.010 Accessory Dwelling Units (ADUs) in all
areas within the R-10 Zone. Three total dwellings. No
density requirement.
Existing Code
15
•BMC 20.60.060(f)duplexes
and townhomes within 500
feet of a commercial district
or center.
16
EXISTING NON-CONFORMING HOUSING
17
Existing City
Property Sizes
•Generally, properties on the interior of the
City are not large enough to develop 4 or
more units.
•Accessory Dwelling Units (current code)
will likely remain development preference
Kitsap Housing Summit
Kitsap Association of Realtors/ Rosen Consulting Group
May 10, 2022
18
Recommendations
included allowing single
family parcels to develop
duplex or triplex
Kitsap Housing Summit
Kitsap Association of Realtors/ Rosen Consulting Group
May 10, 2022
19
Recommendations
included allowing single
family parcels to develop
duplex or triplex
“These changes will have a positive
impact on the cost of housing, it will
make housing units easier to produce,
and the Kitsap County Association of
REALTORS® is supportive of these
measures. “
James Clough
Government Affairs Director
Kitsap County Association of Realtors (KCAR)
Review
Identified in our Affordable Housing strategies documents
Identified affordable housing solution at the Federal, State, County, and Local level
Currently permitted in the City (with some prohibitions)
These development types are currently found throughout the City
May be a small impact, removes existing prohibition inhibiting potential affordable housing
Recommendation from the KCAR Kitsap Housing Summit
20
Cottage Housing
21
Presenter: Kate Millward
Cottage Housing (Example)
22
•Typically, four or more small clustered
dwellings
•Homes oriented toward a shared open
space
•A pedestrian environment, not automobile
•Ordinances are typically accompanied by
density bonuses, though not in this proposal
Cottage Housing (Example)
23
•Typically, four or more small clustered
dwellings
•Homes oriented toward a shared open
space
•A pedestrian environment, not automobile
•Ordinances are typically accompanied by
density bonuses, though not in this proposal
Cottage Housing (Proposed Change)
24
Definition
•“Cottage Housing Development” means a lot containing more than one principal
conventional dwelling unit. Units shall not be greater than 1,200 gross square feet,
and shall not share any common walls, ceilings, or floors with other principal
conventional dwelling units.
Orientation
•Structures shall be oriented to the street or shared open space, and limited to
clusters of no more than twelve units.
Open Space
•400 square feet of open space is required per dwelling.
Parking
•1.5 parking spaces required per unit.
Cottage Housing (Proposed Change)
25
Design Standards
•Front Porch required with minimum dimension of 6-foot depth and 10-foot length.
Nonconformities
•An existing home not conforming to cottage housing standards may remain.
Procedure
•Low Density Residential (R-10) Zone
3 units or less, outright permitted when meeting all criteria of approval(open space, design
standards, etc.)
4 units or more, Conditional Use Permit required
•Medium Density Residential (R-18) Zone
Outright permitted when meeting all criteria of approval (open space, design standards, etc.)
Bonus Density for Religious Organizations
26
Bonus Density
27
Per RCW 36.70A.545, jurisdictions are required to provide
a bonus density to a religious organization if:
•Low Income Housing. All provided housing units are for Low Income
individuals or families.
•Time Restriction. That the development is required to be used exclusively
for affordable housing for a period of time no shorter than 50 years.
•Discrimination. That the housing provider does not discriminate against
any person who qualifies as a member of a low-income household.
https://app.leg.wa.gov/rcw/default.aspx?cite=36.70A.545#:~:text=RCW%2036.70A.,owned%20by%20a%20religious%20organization.
Bonus Density
28
Applicability
•In zones with a maximum density, qualifying projects may
increase density 50%.
Applicant
•Religious Organizations as defined by RCW 26.04.007
•The Bremerton Housing Authority
Procedure
•Conditional Use Permit
Criteria for Approval
•Meet all other City standards (parking, utilities, traffic
mitigation, etc.)
•Does not apply to congregate living facilities
•All units are affordable as defined by RCW 84.14.010
•50-year term recognized by a recorded Notice to Title
•Consult with Kitsap Transit on appropriate transit services
•Nondiscriminatory
Bonus Density: Definition Discrimination
29
The affordable housing development does not
discriminate against any person who qualifies as a
member of a low-income household based on race,
creed, religion, lack of creed or religion, color, national
origin, sex, gender identity, gender expression, veteran or
military status, sexual orientation, or mental or physical
disability; or otherwise act in violation of the federal fair
housing amendments act of 1988;
https://app.leg.wa.gov/rcw/default.aspx?cite=36.70A.545#:~:text=RCW%2036.70A.,owned%20by%20a%20religious%20organization.
Bonus Density: Definition Religious Organization
30
https://app.leg.wa.gov/rcw/default.aspx?cite=36.70A.545#:~:text=RCW%2036.70A.,owned%20by%20a%20religious%20organization.
Per RCW 36.70A.545:
RCW 36.01.290 Hosting the homeless by religious organizations
"Religious organization" means the federally protected practice of
a recognized religious assembly, school, or institution that owns or
controls real property.
Proposed Ordinance:
RCW 26.04.007, City of Tacoma TMC 13.05(A)(25)
“Religious organization" includes, but is not limited to, churches,
mosques, synagogues, temples, nondenominational ministries,
interdenominational and ecumenical organizations, mission
organizations, faith-based social agencies, and other entities
whose principal purpose is the study, practice, or advancement
of religion.
Bonus Density: Definition Religious Organization
31
Per RCW 36.70A.545:
RCW 36.01.290 Hosting the homeless by religious organizations
"Religious organization" means the federally protected practice of
a recognized religious assembly, school, or institution that owns or
controls real property.
Proposed Ordinance:
RCW 26.04.007, City of Tacoma TMC 13.05(A)(25)
“Religious organization" includes, but is not limited to, churches,
mosques, synagogues, temples, nondenominational ministries,
interdenominational and ecumenical organizations, mission
organizations, faith-based social agencies, and other entities
whose principal purpose is the study, practice, or advancement
of religion.
https://app.leg.wa.gov/rcw/default.aspx?cite=36.70A.545#:~:text=RCW%2036.70A.,owned%20by%20a%20religious%20organization.
Definition Modification: “Maximum Density”
32
Maximum Density (Proposed Change)
33
Definition
•"Density, maximum" means the maximum number of dwellings allowed per the net gross buildable
acreage as stated for each zone. Where not specified in a zone chapter, no maximum density shall
apply.
Gross Acre V Net Acre
.3 Acres
Roads
Critical Areas .7 Acres
7 Dwelling
Units
1 Acre
10 Dwelling Units
Maximum Density (Current Code Example)
34
Definition
•"Density, maximum" means the maximum number of dwellings allowed per the net gross buildable
acreage as stated for each zone. Where not specified in a zone chapter, no maximum density shall
apply.
Public Notice
35
Public Notice
36
Planning Commission April 18, 2022 Workshop
Kitsap Housing & Homelessness Coalition May 18, 2022
Kitsap Building Association July 14, 2022
Planning Commission June 27, 2022 Workshop
Planning Commission July 18, 2022 Public Hearing
City E-news (facebook, twitter, etc.) September 2, 2022
Mailer to City Religious Organizations September 2, 2022
Mailer to all R-10 & R-18 properties September 14, 2022
Kitsap Housing & Homelessness Coalition September 21, 2022
Public Notice
Planning Commission April 18, 2022 Workshop
Kitsap Housing & Homelessness Coalition May 18, 2022
Kitsap Building Association July 14, 2022
Planning Commission June 27, 2022 Workshop
Planning Commission July 18, 2022 Public Hearing
City E-news (facebook, twitter, etc.) September 2, 2022
Mailer to City Religious Organizations September 2, 2022
Mailer to all R-10 & R-18 properties September 14, 2022
Kitsap Housing & Homelessness Coalition September 21, 2022
37
Public Notice
Planning Commission April 18, 2022 Workshop
Kitsap Housing & Homelessness Coalition May 18, 2022
Kitsap Building Association July 14, 2022
Planning Commission June 27, 2022 Workshop
Planning Commission July 18, 2022 Public Hearing
City E-news (facebook, twitter, etc.) September 2, 2022
Mailer to City Religious Organizations September 2, 2022
Mailer to all R-10 & R-18 properties September 14, 2022
Kitsap Housing & Homelessness Coalition September 21, 2022
38
Public Notice
Planning Commission April 18, 2022 Workshop
Kitsap Housing & Homelessness Coalition May 18, 2022
Kitsap Building Association July 14, 2022
Planning Commission June 27, 2022 Workshop
Planning Commission July 18, 2022 Public Hearing
City E-news (facebook, twitter, etc.) September 2, 2022
Mailer to City Religious Organizations September 2, 2022
Mailer to all R-10 & R-18 properties September 14, 2022
Kitsap Housing & Homelessness Coalition September 21, 2022
39
Public Notice
Planning Commission April 18, 2022 Workshop
Kitsap Housing & Homelessness Coalition May 18, 2022
Kitsap Building Association July 14, 2022
Planning Commission June 27, 2022 Workshop
Planning Commission July 18, 2022 Public Hearing
City E-news (facebook, twitter, etc.) September 2, 2022
Mailer to all R-10 & R-18 properties September 14, 2022
Kitsap Housing & Homelessness Coalition September 21, 2022
40
Planning Commission Recommendation
Planning Commission unanimously
recommends the City Council hold
an open record Public Hearing,
consider testimony, and approve of
the proposed amendments.
41
Move to pass Ordinance No. 5458 as recommended by
the Planning Commission to amend Bremerton Municipal
Code Section Title 20 related to Duplex, Townhomes,
Cottage Housing, Bonus Density, and Definitions.
42
Recommended Motion
District 3
Report
September 21, 2022
Thank You!