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 sections
1 through 5 of this act, "vessel" includes any vessel used primarily
for recreation or chartered primarily for recreational purposes that is
required under RCW 88.02.020 to display a decal or that is exempt from
registration pursuant to RCW 88.02.030(10). 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 shall be unlawful 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 shall be unlawful 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.
