Title 19, BUSINESS REGULATIONS—MISCELLANEOUS

It is the intent of the legislature that this chapter be interpreted consistent with chapter 19.100 RCW. [ 1986 c 320 s 17.]

This chapter shall be liberally construed to effectuate its beneficial purposes. [ 1986 c 320 s 18.]

(1) Sections 20 and 21 are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions and shall take effect immediately. (2) Sections 1 through 19, 22 and 23 of this act shall take eff…

For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …

In this chapter, the underground utility damage prevention act, the legislature intends to protect public health and safety and prevent disruption of vital utility services through a comprehensive damage prevention program that includes: (1) Assigning responsibility for providing…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Bar hole" means a hole made in the soil or pavement with a hand-operated bar for the specific purpose of testing the subsurface atmosphere with a combustible gas indi…

(1) The commission must establish a single statewide toll-free telephone number to be used for referring excavators to the appropriate one-number locator service. The one-number locator service shall maintain a web-based platform that provides the same services as the toll-free t…

(1)(a) Unless exempted under RCW 19.122.031, before commencing any excavation, an excavator must mark the boundary of the excavation area with white lining or, when necessary, white pin flags, applied on the ground of the worksite, then provide notice of the scheduled commencemen…

(1) The requirements specified in RCW 19.122.030 do not apply to any of the following activities: (a) An emergency excavation, but only with respect to white lining and notice requirements specified in RCW 19.122.030 (1) and (2), and provided that the excavator provides notice to…

(1) Before commencing any excavation, an excavator must notify pipeline companies of the scheduled commencement of excavation through a one-number locator service in the same manner as required for notifying facility operators of excavation under RCW 19.122.030. Pipeline companie…

(1) After a pipeline company has been notified by an excavator pursuant to RCW 19.122.033 that excavation will uncover any portion of the pipeline company's pipeline, the pipeline company shall ensure that the pipeline section in the vicinity of the excavation is examined for dam…

(1) Project owners shall indicate in bid or contract documents the existence of underground facilities known by the project owner to be located within the proposed area of excavation. The following are deemed to be changed or differing site conditions: (a) An underground facility…

Excavators who comply with the requirements of this chapter are not liable for any damages arising from contact or damage to an underground fiber optics facility other than the cost to repair the facility. [ 1988 c 99 s 2.]

(1) An excavator who, in the course of excavation, contacts or damages an underground facility shall notify the facility operator directly, if the facility operator is known, and a one-number locator service, and report the damage as required under RCW 19.122.053. If the damage c…

(1) Facility operators and excavators who observe or cause damage to an underground facility must report the damage event to the commission. (2) A nonpipeline facility operator conducting an excavation, or a subcontractor conducting an excavation on the facility operator's behalf…

(1)(a) Any excavator who violates any provision of this chapter and causes damage to a hazardous liquid or gas underground facility is subject to a civil penalty of not more than $25,000 for each violation. (b) The civil penalty in this subsection may also be imposed on any excav…

(1) Any person who violates any provision of this chapter not amounting to a violation of RCW 19.122.055 is subject to a civil penalty of not more than one thousand dollars for an initial violation, and not more than five thousand dollars for each subsequent violation within a th…

Any person who willfully damages or removes a permanent marking used to identify an underground facility or pipeline, or a temporary marking prior to its intended use, is subject to a civil penalty of not more than one thousand dollars for an initial violation, and not more than …

The notification and marking provisions of this chapter may be waived for one or more designated persons by a facility operator with respect to all or part of that facility operator's underground facilities. [ 2011 c 263 s 15; 1984 c 144 s 8.] Notes: Report—Effective date—2011 c …

(1) Any excavator who excavates, without an excavation confirmation code when required under this chapter, within 35 feet of a transmission pipeline is guilty of a misdemeanor. (2) Any excavator who excavates within 35 feet of a transmission pipeline, prior to the work-to-begin d…

If charged with a violation of RCW 19.122.090, an equipment operator is deemed to have established an affirmative defense to such charges if: (1) The equipment operator was provided an excavation confirmation code; (2) The excavation was performed in an emergency situation; (3) T…

Any person who intentionally provides an equipment operator with a false excavation confirmation code is guilty of a misdemeanor. [ 2011 c 263 s 17; 2005 c 448 s 7.] Notes: Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

Upon receipt, during normal business hours, of notice of an intended excavation, the one-number locator service shall provide an excavation confirmation code. [ 2005 c 448 s 8.]

(1) The commission must contract with a statewide, nonprofit entity whose purpose is to reduce damages to underground and above ground facilities, promote safe excavation practices, and review complaints of alleged violations of this chapter. The contract must not obligate fundin…

(1) The commission may enforce the civil penalties authorized in RCW 19.122.070 or 19.122.075 when it receives written notification from the safety committee created under RCW 19.122.130 indicating that a violation of this chapter has likely been committed by a person subject to …

(1) The commission may investigate and enforce violations of any provision of this chapter relating to pipeline facilities without initial referral to the safety committee created under RCW 19.122.130. (2) If the commission's investigation of notifications received pursuant to RC…

The damage prevention account is created in the custody of the state treasurer. All receipts from moneys directed by law or the commission to be deposited to the account must be deposited in the account. Expenditures from the account may be used only for purposes designated in RC…

The commission may use money deposited in the damage prevention account created in RCW 19.122.160 to: (1) Develop and disseminate educational programming designed to improve worker and public safety relating to excavation and underground facilities; and (2) Provide grants to pers…

All penalties collected pursuant to RCW 19.122.150 must be deposited in the damage prevention account created in RCW 19.122.160. [ 2011 c 263 s 22.] Notes: Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

This act may be known and cited as the underground utility damage prevention act. [ 2011 c 263 s 25.] Notes: Report—Effective date—2011 c 263: See notes following RCW 19.122.010.

(1) The legislature recognizes that both suppliers and wholesale distributors of malt beverages and spirits are interested in the goal of best serving the public interest through the fair, efficient, and competitive distribution of such beverages. The legislature encourages them …

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agreement of distributorship" means any contract, agreement, commercial relationship, license, association, or any other arrangement, for a definite or indefinite per…

Suppliers are entitled to the following protections which are deemed to be incorporated into every agreement of distributorship: (1) Agreements between suppliers and wholesale distributors shall be in writing; (2) A wholesale distributor shall maintain the financial and competiti…

Wholesale distributors are entitled to the following protections which are deemed to be incorporated into every agreement of distributorship: (1) Agreements between wholesale distributors and suppliers must be in writing; (2) A supplier must give the wholesale distributor at leas…

No supplier may: (1) Coerce or induce, or attempt to induce or coerce, any wholesale distributor to engage in any illegal act or course of conduct; (2) Require a wholesale distributor to assent to any unreasonable requirement, condition, understanding, or term of an agreement whi…

In any action or arbitration brought by a wholesale distributor or a supplier pursuant to this chapter, other than an arbitration to determine the compensation due to a terminated distributor under RCW 19.126.040(4), the prevailing party shall be awarded its reasonable attorney's…

Continued violation of this chapter constitutes grounds, in the discretion of the *state liquor control board, for suspension or cancellation under RCW 66.24.010 of any license or certificate held by a supplier or its agent. [ 1985 c 440 s 2.] Notes: *Reviser's note: The "state l…

A person injured by a violation of this chapter, other than a person seeking only a determination of the compensation due to a terminated distributor under RCW 19.126.040(4), may bring a civil action in a court of competent jurisdiction to enjoin further violations. Injunctive re…

This chapter may be known and cited as the wholesale distributor/supplier equity agreement act. [ 1984 c 169 s 7.]

The legislature finds that the federal deregulation of the telephone industry provides telephone users with the opportunity to purchase and use telephone and other telecommunications equipment suited to their needs. The legislature finds that competitive markets function optimall…

Any person offering for sale or selling new or reconditioned telephone handsets or keysets, private branch exchanges, or private automatic branch exchanges of not more than a twenty-station capacity, shall clearly disclose prior to sale by methods which may include posting of not…

Nothing in this chapter applies to a radio station, television station, publisher, printer, or distributor of a newspaper, magazine, billboard, or other advertising medium which accepts advertising in good faith without knowledge of its violation of any provision of this chapter.…

This chapter shall not apply to radio equipment used for land, marine, or air mobile service, or any like service, whether or not such equipment is capable of interconnection by manual or automatic means to a telephone line. [ 1984 c 275 s 4.]

This chapter shall not apply to equipment not intended for connection to the telephone network, nor to used equipment located on the customer's premises. [ 1984 c 275 s 5.]

Violation of this chapter constitutes a violation of chapter 19.86 RCW, the consumer protection act. It shall be presumed that damages to the consumer are equal to the purchase price of any telephone equipment sold in violation of this chapter up to one hundred dollars. Additiona…

The rights, obligations, and remedies under this chapter are in addition to any rights, obligations, or remedies under federal statutes or regulations or other state statutes or rules. [ 1984 c 275 s 6.]