WAC 458-16-260 — Nonprofit Child Day Care Centers, Free Libraries, Orphanages, Homes for Sick Or Infirm, Hospitals, Outpatient Dialysis Facilities

Agency filings affecting this section (1) Introduction. This rule explains the real and personal property tax exemption available under RCW 84.36.040 for property used by nonprofit child day care centers, free libraries, orphanages, homes for the sick or infirm, hospitals, and outpatient dialysis facilities. In addition, this rule explains the real and personal property tax exemption available to property leased to and used by a hospital for hospital purposes for a hospital that is established under chapter 36.62 RCW, or is owned and operated by a public hospital district established under chapter 70.44 RCW. (2) Definitions. For purposes of this rule, the following definitions apply: (a) "Child day care center" means a nonprofit organization that regularly provides child day care and early learning services for a group of children for periods of less than twenty-four consecutive hours. (b) "Convalescent" or "chronic care" means any or all procedures commonly provided in caring for the sick including, but not limited to, administering medicines, preparing special diets, providing bedside nursing care, applying dressings and bandages, and carrying out any treatment prescribed by a duly licensed practitioner of the healing arts. (c) "Free library" means a building or room containing collections of books, periodicals, other written materials such as magazines and newspapers, and audio or visual recordings. A free library must be accessible to the public for viewing, listening to, or borrowing these materials without charge. A nominal fee may be imposed for any materials that are damaged, lost, or not returned by the borrower in a timely manner. In the context of this rule, a "free library" does not include a library owned by an entity listed in RCW 84.36.010 (1). (d) "Home for the sick or infirm" means any home, place, or institution that operates or maintains facilities to provide convalescent or chronic care, or both, for three or more persons not related by blood or marriage to the operator, who by reason of illness or infirmity, are unable to properly care for themselves. (i) The services must be provided to persons over a continuous period of twenty-four hours or more. (ii) A boarding home, guest home, hotel, or similar institution that is offered to the public as providing and supplying only room, board, or laundry services to persons who do not need medical or nursing treatment or supervision is not considered a "home for the sick or infirm" for purposes of this rule. (e) "Hospital" means a nonprofit organization, association, or corporation engaged in providing medical, surgical, nursing, or related health care services for the prevention, diagnosis, or treatment of human illness, pain, injury, disability, deformity, or abnormality, including mental illness, treatment of mentally incompetent persons, or treatment of chemically dependent persons. The term also includes: (i) Buildings or portions of buildings that are currently licensed as part of a hospital pursuant to chapters 70.41 or 71.12 RCW, and are part of an integrated, interrelated, homogeneous unit exclusively used for hospital purposes. The licensed hospital must be able to provide health care services to inpatients over a continuous period of twenty-four hours or more; (ii) Administrative and support facilities integral and necessary to the functioning of the licensed hospital; (iii) Buildings used as a residence for persons engaged or employed on a regular basis in the operation of a licensed hospital. Such buildings include, but are not limited to, a nurse's home or a residence for hospital employees; and (iv) Residential units administered by a licensed hospital that are exclusively used to temporarily house families of inpatients in an integrated program of therapy. "Hospital" does not include: (A) Hotels or similar places that furnish only food and lodging or simple domiciliary care; (B) Clinics or physician's offices, unless licensed as part of a hospital; (C) Nursing homes as defined in chapter 18.51 RCW; and (D) Maternity homes as defined in chapter 18.46 RCW. (3) Exemption for exclusively used property. A nonprofit organization, association, or corporation (collectively, "organization") that operates one of the following institutions is exempt from taxation on all real and personal property exclusively used for the actual operation of the activity for which the exemption is granted: (a) Child day care centers; (b) Free libraries; (c) Orphanages and orphan shelters; (d) Homes for the sick or infirm; (e) Hospitals for the sick; and (f) Outpatient dialysis facilities. (4) Exemption for loaned, leased, or rented property. Property loaned, leased, or rented to an institution listed in subsection (3) of this rule is also exempt from taxation if: (a) The property is exclusively used by the nonprofit organization for the actual operation of the activity for which the exemption is granted; (b) The benefit of the exemption is passed on to the nonprofit organization using the property for exempt purposes; and (c) The property was specifically identified as loaned, leased, or rented when the application for exemption was made. (5) Property leased or rented to and used by publicly owned and operated hospitals. All real and personal property leased or rented to and used by a hospital for hospital purposes as defined in subsection (2)(e) of this rule is exempt from property tax if the hospital is established under chapter 36.62 RCW or is owned and operated by a public hospital district established under chapter 70.44 RCW. The benefit of the exemption must be passed on to the nonprofit organization using the property for exempt purposes. (6) Additional requirements. Any nonprofit organization that applies for a property tax exemption under this rule must also comply with the provisions of WAC 458-16-165 . [Statutory Authority: RCW 84.36.865 . WSR 19-23-010, § 458-16-260, filed 11/7/19, effective 12/8/19. Statutory Authority: RCW 84.08.010 , 84.08.070 , 84.08.080 , 84.36.389 , and 84.36.865 . WSR 15-07-021, § 458-16-260, filed 3/10/15, effective 4/10/15. Statutory Authority: RCW 84.36.865 and 84.36.040 . WSR 10-02-010, § 458-16-260, filed 12/24/09, effective 1/24/10. Statutory Authority: RCW 84.36.865 , 84.36.040 and 84.36.050 . WSR 01-24-037, § 458-16-260, filed 11/28/01, effective 12/29/01. Statutory Authority: RCW 84.08.010 , 84.08.070 and chapter 84.36 RCW. WSR 94-07-008, § 458-16-260, filed 3/3/94, effective 4/3/94. Statutory Authority: RCW 84.36.865 . WSR 88-02-010 (Order PT 87-10), § 458-16-260, filed 12/28/87; WSR 85-05-025 (Order PT 85-1), § 458-16-260, filed 2/15/85. Statutory Authority: RCW 84.36.389 and 84.36.865 . WSR 83-19-029 (Order PT 83-5), § 458-16-260, filed 9/14/83. Statutory Authority: RCW 84.36.865 . WSR 81-05-017 (Order PT 81-7), § 458-16-260, filed 2/11/81; Order PT 77-2, § 458-16-260, filed 5/23/77; Order PT 76-2, § 458-16-260, filed 4/7/76. Formerly WAC 458-12-225.]