S-0239.2/91 2nd _______________________________________________
SENATE BILL 5073
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Senators Nelson, Oke, Thorsness, McCaslin, Bailey and Barr.
Read first time January 17, 1991. Referred to Committee on Environment & Natural Resources.
AN ACT Relating to restricting the burning of natural and synthetic fabrics used in flags; and amending RCW 70.94.477 and 70.94.775.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.94.477 and 1990 c 128 s 3 are each amended to read as follows:
(1) Unless allowed by rule, under chapter 34.05 RCW, a person shall not cause or allow any of the following materials to be burned in any residential solid fuel burning device:
(a) Garbage;
(b) Treated wood;
(c) Plastics;
(d) Rubber products;
(e) Animals;
(f) Asphaltic products;
(g) Waste petroleum products;
(h)
Paints; ((or))
(i) Natural or synthetic fabrics, including any flag under RCW 9.86.010 which is made of these fabrics; or
(j) Any substance, other than properly seasoned fuel wood, which normally emits dense smoke or obnoxious odors.
(2) On or after July 1, 1995, a local authority may geographically limit the use of solid fuel burning devices, except fireplaces as defined in RCW 70.94.453(3), wood stoves meeting the standards set forth in RCW 70.94.457 or pellet stoves issued an exemption certificate by the United States environmental protection agency in accordance with Title 40, Part 60 of the code of federal regulations. An authority shall allow an exemption from this subsection for low-income persons who reside in a geographical area affected by this subsection. In the exercise of this limitation, a local authority shall consider the following factors:
(a) The contribution of solid fuel burning devices that do not meet the standards set forth in RCW 70.94.457 to nonattainment of national ambient air quality standards;
(b) The population density of geographical areas within the local authority's jurisdiction giving greater consideration to urbanized areas; and
(c) The public health effects of use of solid fuel burning devices which do not meet the standards set forth in RCW 70.94.457.
Sec. 2. RCW 70.94.775 and 1974 ex.s. c 164 s 1 are each amended to read as follows:
No person shall cause or allow any outdoor fire:
(1) Containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, natural or synthetic fabrics, including any flag under RCW 9.86.010 which is made of natural or synthetic fabrics, or any substance other than natural vegetation which normally emits dense smoke or obnoxious odors except as provided in RCW 70.94.650: PROVIDED, That agricultural heating devices which otherwise meet the requirements of this chapter shall not be considered outdoor fires under this section;
(2) During a forecast, alert, warning or emergency condition as defined in RCW 70.94.715;
(3) In any area which has been designated by the department of ecology or board of an activated authority as an area exceeding or threatening to exceed state or federal ambient air quality standards, or after July 1, 1976, state ambient air quality goals for particulates, except instructional fires permitted by RCW 70.94.650(2).