S-1271.1          _______________________________________________

                                 SENATE BILL 5741

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senator McDonald.

Read first time February 19, 1991.  Referred to Committee on Commerce & Labor.Authorizing asbestos fines to be waived when the failure to comply was unintentional.

     AN ACT Relating to asbestos projects; and amending RCW 49.26.016.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 49.26.016 and 1989 c 154 s 3 are each amended to read as follows:

     (1) Any owner or owner's agent who allows the start of any construction, renovation, remodeling, maintenance, repair, or demolition without first (a) conducting the inspection and preparing and maintaining the report of the inspection, or preparing and maintaining a statement of assumption of the presence or reasonable certainty of the absence of asbestos, as required under RCW 49.26.013; and (b) preparing and maintaining the additional written description of the project as required under RCW 49.26.120  shall be subject to a ((mandatory)) fine of not less than two hundred fifty dollars for each violation.  Each day the violation continues shall be considered a separate violation.  In addition, any construction, renovation, remodeling, maintenance, repair, or demolition which was started without meeting the requirements of RCW 49.26.013 and RCW 49.26.120 shall be halted immediately and cannot be resumed before meeting such requirements.

The department may waive the fine imposed by this subsection upon a determination by the department that the failure to comply was unintentional.

     (2) It is the responsibility of any contractor registered under chapter 18.27 RCW to request a copy of the written report or statement required under RCW 49.26.013 from the owner or the owner's agent.  No contractor may commence any construction, renovation, remodeling, maintenance, repair or demolition project without receiving the copy of the written report or statement from the owner or the owner's agent.  Any contractor who begins any project without the copy of the written report or statement shall be subject to a mandatory fine of not less than two hundred and fifty dollars per day.  Each day the violation continues shall be considered a separate violation.

     (3) Any partnership, firm, corporation or sole proprietorship that begins any construction, renovation, remodeling, maintenance, repair, or demolition without meeting the requirements of RCW 49.26.013 and the notification requirement under RCW 49.26.120 shall lose the exemptions provided in RCW 49.26.110 and 49.26.120 for a period of not less than six months.

     (4) The certificate of any asbestos contractor who knowingly violates any provision of this chapter or any rule adopted under this chapter shall be revoked for a period of not less than six months.

     (5) The penalties imposed in this section are in addition to any penalties under RCW 49.26.140.