BILL REQ. #:  S-0089.1 

Read first time 01/21/2005.   Referred to Committee on Labor, Commerce, Research & Development.

     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   The director of fire protection 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 and signed by the head of the fire department for the city, town, or district in which the applicant intends to sell alcoholic beverages to be consumed on the premises. The certificate of inspection shall attest to the safety of the building or structure in which the applicant intends to sell alcoholic beverages to be consumed on the premises and that the building or structure meets or exceeds the requirements of the state building code.
     The director of fire protection shall require that every license holder submit, annually, a valid certificate of inspection, as provided in the state building code, issued by a local inspector and signed by the head of the fire department for the city, town, or district in which the premises is located and from which alcoholic beverages intended to be consumed on the premises are to be sold. The issuance of this certificate is a precondition for the issuance or renewal of a license and the director of fire protection may summarily revoke any license upon notice of noncompliance or expiration of the certificate, by operation of law and without a hearing. The director of fire protection may presume that the premises conform with the inspection safety requirements for the premises as provided for in the state building code based upon the certificate, however the presumption may be rebutted.
     Failure by the inspector to issue an annual certificate of inspection, signed by the head of the fire department, may be appealed in accordance with the inspection safety requirement procedures for appeal as provided in the state building code.
     The director of fire protection may authorize the issuance of a temporary license to any applicant or license holder who has been issued a temporary certificate of inspection by a local inspector and signed by the head of the fire department, as provided in the state building code, if the applicant or license holder has complied with the terms therein and the temporary certificate of inspection has not expired. This temporary license may be revoked by the director of fire protection, without a hearing, if the licensee has failed to comply with the terms of the temporary certificate.
     Failure by the inspector to issue an annual certificate of inspection signed by the head of the fire department may be appealed in accordance with the procedures for appeal as provided for in the state building code.
     The director of fire protection shall adopt rules to implement this section.

NEW SECTION.  Sec. 2   (1) The state building code council 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, dance hall, discotheque, bar, or for similar entertainment purposes, with a capacity of one hundred persons or more, and which includes one or more residential dwellings, to install an adequate system of automatic sprinklers throughout the building including, but not limited to, residential dwellings and in any common areas connected thereto, in accordance with the state building code. This section does not apply to the construction or substantial alteration of buildings or structures, approved by building permit on or after December 1, 2004. This subsection does not preclude the board of building regulations and standards from prescribing more stringent sprinkler requirements.
     (2) Whoever is aggrieved by an interpretation, order, requirement, or direction under this section, or whoever is aggrieved by a failure of a building official to take action under this section, may, within forty-five days after the service of notice of the interpretation, order, requirement, or direction, or after forty-five days of the failure to act, appeal from the interpretation, order, requirement, direction, or failure to act under chapter 34.05 RCW.

NEW SECTION.  Sec. 3   (1) For the purpose of this section, "adequate system of automatic sprinklers" includes: (a) A working automatic sprinkler system; (b) fire alarm system control equipment which provides notice of an emergency within a place of assembly; and (c) adequate monitoring of and reporting of any activation of the automatic sprinkler system and fire alarm equipment, in accordance with the state building code in effect at the time of the installation of such a system and equipment.
     (2) Every building or structure, or portions thereof, of public assembly, with a capacity of one hundred persons or more, that is designed or used for occupancy as a nightclub, dance hall, discotheque, bar, or for similar entertainment purposes, including all rooms, lobbies, and other spaces connected thereto and all means of egress and entrances, including any such public assembly located within a mixed use building or structure, including a building or structure owned or controlled by the state or a political subdivision of the state (a) which is existing, or (b) for which an approved building permit was issued before December 1, 2004, must be protected throughout with an adequate system of automatic sprinklers, in accordance with the state building code. This section does not apply to a place of assembly within a building, structure, or portions thereof used principally as a house of worship, restaurant, lecture hall, auditorium, state or local government building, educational function facility, or other similar place of assembly. Temporary use of such a building or structure or portions thereof as a nightclub, dance hall, discotheque, bar, or for similar entertainment purposes may be allowed if a permit is issued for that use by the head of the fire department in consultation with the local building inspector or inspector who may set the terms and conditions to protect against fire and preserve public safety.
     (3) Any owner of a business designed or used for occupancy as a nightclub, dance hall, discotheque, bar, or for similar entertainment purposes to which subsection (2) of this section does not apply shall install a system of automatic sprinklers within the building or structure in accordance with the state building code if the business: (a) Violates the maximum capacity for such a building or structure two or more times in a twelve-month period; or (b) violates the maximum capacity of such a building or structure by a number greater than one-half of the maximum capacity. Any owner of a building or structure required to install automatic sprinklers as a result of a violation under this subsection shall do so within one year of being cited for the violation, and is responsible for the full costs of installation. Any business owner cited for violating the maximum capacity for his or her place of business is subject to a ten thousand dollar fine for a first or second offense. The penalty for a third offense is the loss of the business license, and all food, entertainment, and other licenses associated with the business.
     (4) Whoever is aggrieved by an interpretation, order, or requirement issued under this section, or whoever is aggrieved by a failure to take action under this section, may (a) within forty-five days after the service of notice of such interpretation, order, or requirement, or (b) after forty-five days of the failure to act, appeal from that interpretation, order, or requirement, or failure to act.
     (5) The cost of installing an adequate system of automatic sprinklers under this section shall be borne in its entirety by the owner of the building or structure.

NEW SECTION.  Sec. 4   (1)(a) Any owner, occupant, lessee, or other person having control or supervision of any assembly use group building and who causes or permits a dangerous condition to exist on the premises at anytime shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than two and one-half years, or both.
     (b) For the purposes of this section, "dangerous condition" means:
     (i) Any blocked or impeded ingress or egress;
     (ii) The failure to maintain or the shutting off of any fire protection or fire warning system required by law;
     (iii) The storage of any flammable or explosive without a properly issued permit in quantities in excess of allowable limits of any permit to store;
     (iv) The use of any firework or pyrotechnic device without a properly issued permit; or
     (v) Exceeding the occupancy limit established by local ordinance.
     (2) Whoever is convicted of a second or subsequent violation of subsection (1) of this section shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than five years, or both.

NEW SECTION.  Sec. 5   Sections 1 through 4 of this act constitute a new chapter in Title 19 RCW.