BILL REQ. #:  H-1862.2 

READ FIRST TIME 03/01/05.   

     AN ACT Relating to fire safety; adding a new chapter to Title 19 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   (1)(a) The liquor control board shall require all applicants for alcoholic beverages licenses to submit a valid certificate of inspection, as provided in the state building code, issued by a local inspector for the city, town, or county in which the applicant intends to sell alcoholic beverages to be consumed on the premises of the nightclub.
     (b) For the purposes of this chapter, "nightclub" means an establishment (i) with the principal business of live entertainment, (ii) with an assembly area occupancy capacity of one hundred or more persons, and (iii) where alcohol is served.
     (2) Failure by the code official to issue a certificate of inspection may be appealed in accordance with the procedures for appeal as provided in the state building code, as administered by the local city, town, or county.
     (3) The state building code council shall adopt rules to implement this section and the installation requirements for approved automatic fire sprinklers as required in section 2 of this act.

NEW SECTION.  Sec. 2   The code official shall require the owner of any building or structure or portion thereof, that includes a place of business designed or used for occupancy as a nightclub, to install an approved system of automatic sprinklers throughout the assembly area and any common areas connected thereto, in accordance with the rules adopted under section 1 of this act by the state building code council. This section does not apply to the construction or substantial alteration of buildings or structures, approved by building permit on or after July 1, 2004. This subsection does not preclude the state building code council from prescribing more stringent sprinkler requirements.

NEW SECTION.  Sec. 3   (1) For the purposes of this chapter, "approved system of automatic sprinklers" means the automatic sprinkler system was installed in accordance with the state building code.
     (2) The cost of installing an approved system of automatic sprinklers under this chapter shall be borne in its entirety by the owner of the building or structure.

NEW SECTION.  Sec. 4   The liquor control board shall rescind the license of any owner, occupant, lessee, or other person having control or supervision of any assembly use group building who (1) causes or permits a dangerous condition to exist on the premises at any time, as determined by the code official, or (2) does not have the certificate required under section 1 of this act.

NEW SECTION.  Sec. 5   (1) Within eighteen months after the effective date of this act, the owner of any building or structure or portion thereof, subject to this chapter, must file a plan with the designated local authority for the installation of an approved system of automatic sprinklers. The plan is subject to approval by the local authority.
     (2) Within three years of the effective date of this act, an owner under subsection (1) of this section must complete the installation of the system set forth in the plan.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act constitute a new chapter in Title 19 RCW.