BILL REQ. #:  S-1406.1 

Read first time 02/15/2005.   Referred to Committee on Water, Energy & Environment.

     AN ACT Relating to protecting human health and the environment; amending RCW 52.12.150; and adding a new section to chapter 70.94 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 70.94 RCW to read as follows:
     The department shall, in consultation with local air pollution control agencies, the state fire protection policy board, and the department of health, identify a list of hazardous materials commonly found in structures, that would pose a risk of a carcinogenic, toxic, or any other adverse health or environmental effect, if not removed from a structure before the structure's intentional destruction as part of a fire fighter training exercise. In developing the list, consideration shall be given the quantity or concentration of the materials generally found in such structures, and may include such items as asphalt shingles, tar paper, insulation, paints, chemicals, plastics, petroleum-based products, and carpeting or other flooring materials.

Sec. 2   RCW 52.12.150 and 2000 c 199 s 1 are each amended to read as follows:
     Without obtaining a permit issued under RCW 70.94.650, fire protection district fire fighters may set fire to structures located outside of urban growth areas in counties that plan under the requirements of RCW 36.70A.040, and outside of any city with a population of ten thousand or more in all other counties, for instruction in methods of fire fighting, if all of the following conditions are met:
     (1) In consideration of prevailing air patterns, the fire is unlikely to cause air pollution in areas of sensitivity downwind of the proposed fire location;
     (2) The fire is not located in an area that is declared to be in an air pollution episode or any stage of an impaired air quality as defined in RCW 70.94.715 and 70.94.473;
     (3) Nuisance laws are applicable to the fire, including nuisances related to the unreasonable interference with the enjoyment of life and property and the depositing of particulate matter or ash on other property;
     (4) Notice of the fire is provided to the owners of property adjoining the property on which the fire will occur, to other persons who potentially will be impacted by the fire, and to additional persons in a broader manner as specifically requested by the local air pollution control agency or the department of ecology;
     (5) Each structure that is proposed to be set on fire must be identified specifically as a structure to be set on fire. Each other structure on the same parcel of property that is not proposed to be set on fire must be identified specifically as a structure not to be set on fire; and
     (6) Before setting a structure on fire, a good-faith inspection is conducted by the fire agency or fire protection district conducting the training fire to determine if: (a) Materials containing asbestos are present((, the inspection is documented in writing and forwarded to the appropriate local air authority or the department of ecology if there is no local air authority, and asbestos that is found is)); or (b) other hazardous materials, as identified under section 1 of this act, are present. If asbestos is found, or other hazardous materials in a quantity or concentration that pose a significant or potential adverse risk to human health or the environment are found, the material must be removed as required by state and federal laws. The inspection must be documented in writing and forwarded to the appropriate local air authority or the department of ecology if there is no local air authority.