Burien, WA Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Standards source
- Director's checklist, building code, fire code, RCW 59.18.060
- Inspection cycle
- Once every three years
- Certificate freshness
- Physical inspection within 90 days of the certificate
- Deemed uninhabitable
- After 30 days of noncompliance
- Daily penalty
- $100.00 for 10 days, then $250.00 per day
- Falsified certificate
- Gross misdemeanor, fine up to $5,000
Summary
In the City of Burien, Washington, rental habitability is enforced through the Rental Housing Inspection Program in Chapter 5.62 BMC. The Community Development Director publishes a checklist that can draw on the building code, the fire code and RCW 59.18.060, and a rental that never produces a certificate is deemed uninhabitable after 30 days of noncompliance.
(2) The director is authorized to create and publish a checklist to be used for declarations of compliance and inspections submitted or conducted under this chapter, and is authorized to include additional standards including, but not limited to, those within the building code, fire code, or RCW 59.18.060. (3) All certificates of inspection submitted under this chapter must state that all units subject to inspection have been inspected, and that all units inspected comply with the requirements of the checklist. ... (5) The certificate of inspection shall list and show compliance with the minimum standards for each residential housing unit that was inspected using the checklist provided by the city and shall contain such other information as determined by the director to carry out the intent of this chapter. ... After 30 days of noncompliance, the property shall be deemed to be uninhabitable. If there is a valid business license, that license shall be deemed revoked as of the thirty-first day of noncompliance.
Full Breakdown
Burien measures rental habitability through a Director-published checklist rather than a fixed list of standards printed in the chapter. Under BMC 5.62.070(2), the Community Development Director is authorized to create and publish a checklist for declarations of compliance and inspections, and to add standards including those within the building code (Chapter 15.40 BMC), the fire code (Chapter 15.20 BMC) and RCW 59.18.060.
Landlords certify against that checklist. A declaration of compliance must state that each unit complies with the requirements of the chapter and that no conditions in the units endanger or impair the health or safety of a tenant (BMC 5.62.040(2)(d)). A certificate of inspection must state that all units subject to inspection have been inspected and comply with the checklist, must rest on a physical inspection done not more than 90 days before the certificate date, and must list and show compliance with the minimum standards for each inspected unit (BMC 5.62.070(3) to (5)).
Failure carries housing consequences, not just fines. Under BMC 5.62.080 the Director can notify an owner that it is unlawful to rent or let a tenant continue to occupy a unit until a valid certificate or declaration is provided, and the unit is then placarded as an unlawful or unsafe structure or unfit for human occupancy under International Property Maintenance Code Section 111.1, 111.1.3 or 111.1.4. After 30 days of noncompliance the property is deemed uninhabitable, the business license is deemed revoked as of the thirty-first day, and the owner becomes financially responsible for tenant relocation under RCW 59.18.090. BMC 5.62.120 preserves the city's ability to inspect and cite conditions that could amount to an immediate health or safety threat. BMC 8.25.300 also adopts KCC 8.36.010, titled Use of certain dwellings prohibited, by reference.
Violations & Fines
The penalty for a rental operating without a certificate of inspection is $100.00 per day for the first 10 days and $250.00 per day after that (BMC 5.62.070(8)), continuing until each tenant is relocated once the property is uninhabitable. BMC 5.62.110 requires written notice by personal service or certified mail, with time to correct, before penalties or license action. Knowingly submitting a falsified certificate is a gross misdemeanor with a fine of not more than $5,000 (BMC 5.62.140(2)).
Frequently Asked Questions
What habitability standards apply to Burien rentals?
What does a Burien landlord certify about conditions?
What happens after 30 days without a certificate?
Can Burien act on an immediate danger in a rental?
Sources & Official References
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