5179-S

AN ACT Relating to vessel safety; adding new sections to chapter 88.12 RCW; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1. (1) The legislature finds that:

(a) Washington state has the greatest length of marine shoreline miles of the lower forty-eight states;

(b) Such marine waters and the extensive freshwater lakes and rivers of the state provide innumerable recreational opportunities, and support a state recreational vessel population that is one of the largest in the country;

(c) Many of Washington's popular recreational waters are remote from population centers and thus remote from emergency health care facilities;

(d) Washington's climate in the western portion of the state, in which its marine recreational waters lie, is cool and wet for much of the year. Much of the state's recreational vessel activity is conducted in the late fall and winter months in connection with fishing activities. For these reasons the great majority of Washington vessels are equipped with heating devices. These appliances are in use for a much greater portion of the boating season than in other states, and are predominantly fueled by liquid petroleum gas;

(e) Current state and federal standards governing heating and cooking appliances on vessels that are fueled by liquid petroleum gas do not adequately protect against undetected gas leaks. Such gas leaks have led to explosions on Washington waters, causing loss of life and property damage;

(f) A vessel equipped with leak detection and warning devices will greatly reduce the potential for the ignition of liquid petroleum gas which may have escaped into the hold of the vessel, yet such devices are not currently required either by federal standards or Washington law.

(2) It is the intent of the legislature to address the state's unique local circumstances regarding inadequate protection of Washington's boaters from undetected leaks of liquid petroleum gas-fueled appliances by requiring leak detection and warning devices to be placed on those vessels most at risk. It is further the intent of the legislature in this action to exercise the authority to address such local circumstances recognized in federal laws which otherwise preempt the field of establishing safety standards for vessels.

NEW SECTION. Sec. 2. (1) Effective July 1, 1994, the owner of any vessel that is equipped with a liquid petroleum gas system shall ensure that such vessel is equipped with one or more sensors and warning devices capable of sensing vapors at a level of concentration below the threshold which presents a danger of explosion. The devices shall be capable of providing a continuous warning audible to anyone on board or boarding the vessel.

(2) As used in this section, "vessel" includes any vessel used primarily for recreation or chartered primarily for recreational purposes that is required to display a valid registration decal from the department of licensing or the department of revenue. On or before April 1, 1994, the commission shall adopt rules defining vessels of open-air construction which are excluded from this definition.

(3) A violation of subsection (1) of this section is a civil infraction punishable under RCW 7.84.100. During the period from July 1, 1994, to September 1, 1994, a person violating this section may be issued a written warning of the violation only.

NEW SECTION. Sec. 3. The sensors and warning devices required by section 2 of this act shall comply with all applicable standards adopted by the United States coast guard or the commission. Within thirty days following the effective date of this act, the commission shall request the coast guard to adopt standards requiring and governing the installation of such devices. If the commission determines that such federal standards are not reasonably likely to be adopted by April 1, 1994, the commission shall adopt such standards on or before such date. The rules shall provide that more than one sensor shall be required on vessels which due to their size or design cannot be adequately serviced by a single sensor.

NEW SECTION. Sec. 4. (1) On or after July 1, 1994, it is a violation of this chapter for any person or vessel dealer to offer for sale within this state a vessel that is not equipped with the warning device required by section 2 of this act.

(2) On or after July 1, 1994, it is a violation of this chapter to manufacture a vessel which does not meet the requirements of section 2 of this act, or to modify a vessel in any way that causes a vessel to be out of compliance with section 2 of this act.

(3) A violation of this section shall be a misdemeanor punishable as provided by RCW 9A.20.021(2).

NEW SECTION. Sec. 5. In the event that a court of competent jurisdiction rules that any provision of sections 1 through 4 of this act is invalid as preempted by federal law or regulations, the commission shall submit to the appropriate federal official an application for exemption from such preemption as provided by 46 U.S.C. Sec. 4305.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act are each added to chapter 88.12 RCW.

NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.