FINAL BILL REPORT

ESHB 2783

C 43 L 20

Synopsis as Enacted

Brief Description: Standardizing fire safety requirements for mobile on-demand gasoline providers.

Sponsors: House Committee on Local Government (originally sponsored by Representatives Griffey, Springer and Walen).

House Committee on Local Government

Senate Committee on Local Government

Background:

The State Building Code Council is responsible for updating, maintaining, and amending the State Building Code (Code). The Code is comprised of various international model codes, including building, residential, and plumbing codes. These codes establish minimum standards for construction, engineering, and safety. Local jurisdictions are required to enforce the provisions of the Code.

The International Fire Code is one of the codes included within the Code. Local officials, often local fire marshals, enforce this code.

A mobile on-demand fuel provider uses mobile fueling vehicles to deliver gasoline directly to customers' vehicles.

Summary:

The State Building Code Council (Council) must adopt rules to clarify standards and administrative provisions for mobile on-demand gasoline operations. All such rules must conform to Section 5707 of the 2018 International Fire Code, and the Council must request recommendations from the Washington State Association of Fire Marshals. The rules must be adopted by May 2021. The stated purpose of the rules is to provide assistance to local authorities establishing permitting processes.

The rules adopted by the Council must address three subjects. The first subject is the creation of a mobile on-demand operator certification, and the possibility of standardized permitting processes, operational requirements, and a reciprocal acceptance of certification throughout jurisdictions in Washington. The second subject is the creation of a mobile on-demand fueling truck permit or certification, and the possibility of standardized permitting, certification requirements, or vehicle requirements, and reducing the number of inspections required of a single vehicle to be licensed in multiple jurisdictions. The third subject is site permits for mobile on-demand operations issued by local jurisdictions under conditions established by the local jurisdiction. Such site permits must be issued in at least two tiers. A tier 1 permit applies to locations at which the local jurisdiction has determined that a mobile on-demand gasoline provider may operate without unusual environmental or safety concerns. Tier 1 permits may be issued with an expedited process and without prior site inspection, though a local fire marshal retains the ability to conduct an inspection, impose additional requirements, or to revoke permission to operate at a location for specific safety or environmental reasons. A tier 2 permit applies to any location that has not been determined to be eligible for a tier 1 permit and may require a site inspection prior to issuance.

Fees may be charged by a local jurisdiction for the cost of conducting an inspection or issuing a permit related to a mobile on-demand gasoline operation.

Votes on Final Passage: