SHB 1401 -
By Representative Simpson
ADOPTED 03/09/2005
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 19.27 RCW
to read as follows:
The building code council shall adopt rules by December 1, 2005,
requiring that all nightclubs be provided with an automatic sprinkler
system. Rules adopted by the council shall consider applicable
nationally recognized fire and building code standards and local
conditions.
By December 15, 2005, the council shall transmit to the fire
protection policy board copies of the rules as adopted. The fire
protection policy board shall respond to the council by February 15,
2006. If changes are recommended by the fire protection policy board
the council shall immediately consider those changes to the rules
through its rule-making procedures. The rules shall be effective
December 1, 2007.
NEW SECTION. Sec. 2 A new section is added to chapter 19.27 RCW
to read as follows:
As used in this chapter:
"Nightclub" means an establishment, other than a theater with
fixed seating, which is characterized by all of the following:
(1) Provides live entertainment by paid performing artists or by
way of recorded music conducted by a person employed or engaged to do
so;
(2) Has as its primary source of revenue (a) the sale of beverages
of any kind for consumption on the premises, (b) cover charges, or (c)
both; and
(3) Has an occupant load of one hundred or more where the occupant
load for any portion of the occupancy is calculated at one person per
ten square feet or less, excluding the entry foyer.
NEW SECTION. Sec. 3 A new section is added to chapter 19.27 RCW
to read as follows:
No building shall be constructed for, used for, or converted to,
occupancy as a nightclub except in accordance with this chapter.
NEW SECTION. Sec. 4 A new section is added to chapter 84.36 RCW
to read as follows:
(1) Prior to installation of an automatic sprinkler system under
sections 1 through 3 of this act, an owner of property may apply to the
assessor of the county in which the property is located for a special
property tax exemption. This application shall be made upon forms
prescribed by the department of revenue and supplied by the county
assessor.
(2) As used in this chapter, "special property tax exemption" means
the determination of the assessed value of the property subtracting,
for ten years, the increase in value attributable to the installation
of an automatic sprinkler system under sections 1 through 3 of this
act.
(3) The county assessor shall, for ten consecutive assessment years
following the calendar year in which application is made, place a
special property tax exemption on property classified as eligible."
Correct the title.
EFFECT: Changes the definition of "nightclub" to include: (1) Establishments that provide recorded music as well as live entertainment; (2) establishments that have as their primary source of revenue the sale of any kind of beverages, not just alcoholic beverages; and (3) establishments for which cover charges are the primary source of revenue. The definition of "nightclub" does not include theaters with fixed seating. The role of the liquor control board is eliminated. A special property tax exemption is allowed for a period of ten years following installation of an automatic sprinkler system pursuant to this act. December 1, 2007, is the effective date of the new rules to be adopted by the state building code council with input from the fire protection policy board.