Hello WLA Members:
Governor Ferguson signed Emergency Proclamation 26-03.1 on August 10, waiving or suspending a broad set of state laws in response to the wildfires. The full text is attached. Below is what applies to you.
Unless noted, waivers run 30 days from August 10 and cover Chelan, Douglas, Ferry, Okanogan, Spokane, Stevens, and Yakima Counties and the lands of the Yakama Nation, Colville Reservation, and Spokane Tribe. The burn ban and the displaced-occupant restriction apply statewide.
Rental Property
Writs of restitution cannot be executed in the affected areas through August 24, unless the order clearly states a court finding of significant and immediate risk to health, safety, or property, or 90 days’ notice of owner or family occupancy under RCW 59.18.650(2)(d) or intent to sell under (2)(e). Courts remain open and writs still issue. Only execution is blocked.
Through August 31 in the affected areas, evacuation or fire damage is not abandonment under RCW 59.18.310 unless the tenant communicates an intent not to return.
Statewide through August 31, no notice to vacate, unlawful detainer, termination, or comply-or-vacate notice may be based on occupants or their pets displaced from the fire areas. The only exception requires an affidavit under penalty of perjury verifying they were not displaced, stating your basis.
Manufactured housing is covered. There is no rent moratorium, no late fee relief, and nothing affecting garnishment or money judgments.
Employers
For claims filed on or after August 1 tied to wildfire-affected employment, through October 3, the unemployment waiting week and job-search requirements are waived. RCW 50.24.040 is waived, suspending interest on delinquent ESD employer premiums. The Governor’s office describes this as late fee relief for employers who cannot file or pay second-quarter taxes on time. Confirm your situation with ESD.
Trucking
Carriers hauling supplies, equipment, or fuel in direct support of firefighting and disaster response are exempt from federal hours of service rules for 14 days from August 10. Not exempt: drug and alcohol testing, CDL, insurance, and operating authority. The exemption is unavailable to carriers with an out-of-service order or without a Satisfactory safety rating. You must document 10 consecutive hours off for a driver who reports needing rest, and may not exceed 96 on-duty hours in 8 consecutive days without a documented 34 hours off.
Licenses and Fees
The Department of Licensing may extend business and professional license periods without rulemaking, covering real estate, cosmetology, notary, security guard, and others. Contact DOL if a wildfire delay causes a missed renewal. The Department of Health has the same authority for health care licenses. Fees are waived for affected individuals replacing driver licenses, ID cards, vital records, and vehicle and vessel titles, most effective August 12.
Health Care and Long-Term Care
For 30 days in the affected areas: medical assistants may work without a supervisor physically present; hospital clinical privilege documentation is waived; pharmacy location-specific licensure and display requirements are waived; certificate of need and premises-specific hospital licensure are waived to allow temporary or relocated clinics, excluding nursing homes; and adult family homes and assisted living facilities receive relief from bed capacity limits and preadmission assessment timing.
Individual Assistance
State Individual Assistance income limits are waived, opening eligibility to uninsured households that lost homes regardless of income. The Family Emergency Assistance Program now covers households without children and may be accessed monthly rather than once a year, effective August 5.
Burn Ban
In effect in all 39 counties until noon on September 30. It covers campfires, bonfires, yard debris, trash, land clearing, weed abatement, and agricultural burning. Exceptions apply for gas or liquid fueled stoves and grills, permitted agricultural or silviculture burning, and campfires at parks, campgrounds, or contained on private property. More restrictive local rules control.
Rebuilding
Commerce, Ecology, Labor and Industries, and Archaeology and Historic Preservation must report to the Governor within 30 days on SEPA, GMA, and Shoreline Management Act provisions that should be waived to speed rebuilding, updated every 60 days. The Building Code Council must do the same for the state building code. If you have permitting or code provisions delaying reconstruction, send them to me and I will get them to the right agency staff before these reports are finalized.
Federal Status
The August 4 federal emergency declaration covers six counties and the three tribal nations, but not Douglas County. It funds government response, not individual assistance. That requires a major disaster declaration, expected to be requested in mid-September.
Please call before acting in any area this touches. The statewide affidavit requirement carries perjury exposure and should not be handled from a form.
Best regards,
Chester Baldwin, Attorney at Law
Public Affairs Consulting, LLC
chet@lobbywa.com
Cell: (360) 688-4588
Fax: (360) 841-7062
