Passed by the House March 9, 2005 Yeas 96 Nays 0 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 8, 2005 Yeas 44 Nays 3 ________________________________________ President of the Senate		CERTIFICATE I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1401 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk
Approved ________________________________________ Governor of the State of Washington		FILED Secretary of State State of Washington

AN ACT Relating to fire safety; adding new sections to chapter 19.27 RCW; and adding a new section to chapter 84.36 RCW.

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.