BP BHEAD INT H

AN ACT Relating to sport shooting ranges; adding new sections to chapter 9.41 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 through 5 of this act:

(1) "Generally accepted operation practices" means those practices adopted by a local unit of government that are established by a nationally recognized nonprofit membership organization that provides voluntary firearm safety programs that include training individuals in the safe handling and use of firearms, which practices are developed with consideration of all information reasonably available regarding the operation of shooting ranges. The local unit of government shall review generally accepted operation practices at least every five years and revise the practices the local unit of government considers necessary. The local unit of government shall adopt generally accepted operation practices within ninety days of the effective date of this section.

(2) "Local unit of government" means a county, city, or town.

(3) "Person" means an individual, proprietorship, partnership, corporation, club, governmental entity, or other legal entity.

(4) "Sport shooting range" or "range" means an area designed and operated for the use of archery, rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or other similar sport shooting.

NEW SECTION. Sec. 2. (1) In addition to other protections provided in this section and sections 3 through 5 of this act, a person who owns or operates or uses a sport shooting range that conforms to generally accepted operation practices in the range's local unit of government is not subject to civil liability or criminal prosecution relating to noise or noise pollution resulting from the operation or use of the range if the range is in compliance with noise control laws or ordinances that applied to the range and its operation at the time of construction or initial operation of the range.

(2) In addition to other protections provided in this section and sections 3 through 5 of this act, a person who owns, operates, or uses a sport shooting range that conforms to generally accepted operation practices is not subject to an action for nuisance, and a court may not enjoin or restrain the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with noise control laws or ordinances that applied to the range and its operation at the time of construction or initial operation of the range.

(3) Rules adopted by a state department or agency for limiting levels of noise in terms of decibel level that might occur in the outdoor atmosphere do not apply to a sport shooting range exempted from liability under this section and sections 3 through 5 of this act. However, this subsection does not restrict the application of the generally accepted operation practices.

NEW SECTION. Sec. 3. (1) A sport shooting range that is operated and is not in violation of existing law at the time of the enactment of an ordinance may continue in operation even if the operation of the sport shooting range at a later date does not conform to the new ordinance or an amendment to an existing ordinance.

(2) A sport shooting range that is in existence as of the effective date of this section and operates in compliance with generally accepted operation practices, even if not in compliance with an ordinance of a local unit of government, may do all of the following within its preexisting geographic boundaries if in compliance with generally accepted operation practices:

(a) Repair, remodel, or reinforce a conforming or nonconforming building or structure as is necessary in the interest of public safety or to secure the continued use of the building or structure;

(b) Reconstruct, repair, restore, or resume the use of a nonconforming building damaged by fire, collapse, explosion, act of God, or act of war occurring after the effective date of this section. The reconstruction, repair, or restoration must be completed within one year following the date of the damage or settlement of a property damage claim. If reconstruction, repair, or restoration is not completed within one year, the local unit of government may terminate the continuation of the nonconforming use; and

(i) Expanding or increasing its membership or opportunities for public participation; or

(ii) Expand or increase events and activities.

NEW SECTION. Sec. 4. Except as otherwise provided in sections 2, 3, and 5 of this act, sections 2, 3, and 5 of this act do not prohibit a local unit of government from regulating the location, use, operation, safety, and construction of a sport shooting range.

NEW SECTION. Sec. 5. A person who participates in sport shooting at a sport shooting range that conforms to generally accepted operation practices accepts the risks associated with the sport to the extent the risks are obvious and inherent. Those risks include, but are not limited to, injuries that result from noise, discharge of a projectile or shot, malfunction of sport shooting equipment not owned by the shooting range, natural variations in terrain, surface or subsurface snow or ice conditions, bare spots, rocks, trees, and other forms of natural growth or debris.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act are each added to chapter 9.41 RCW.

NEW SECTION. Sec. 7. 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.