BILL REQ. #:  S-3245.3 

Read first time 01/15/14.   Referred to Committee on Transportation.

     AN ACT Relating to aeronautic safety; adding a new section to chapter 14.16 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   It is the intent of the legislature that pilots that engage in low flying activities, such as aerial applicators and search and rescue pilots, are provided with an as safe as possible flying environment. It is also the intent of the legislature to create a mechanism for alerting pilots of guyed towers that may be erected at short notice and may be otherwise difficult to see from the air, posing an air safety hazard.

NEW SECTION.  Sec. 2   A new section is added to chapter 14.16 RCW to read as follows:
     (1) Except as provided otherwise in this section, any temporary or permanent guyed tower twenty-five feet or more in height that is located outside the boundaries of an incorporated city or town on land that is primarily rural or undeveloped or used for agricultural purposes, or that is primarily desert, and where such guyed tower's appearance is not otherwise governed by state or federal law, rule, or regulation, must be lighted, marked, and painted or otherwise constructed to be visible in clear air during daylight hours from a distance of not less than two thousand feet. Guyed towers are required to be in accordance with the following:
     (a) Guyed towers must be painted in seven equal alternating bands of aviation orange and white. The alternating bands must begin with orange at the top of the tower and end with orange at the base.
     (b) Guyed towers must have a flashing light at the top of the tower. The light must be visible in clear air, with the naked eye, from a distance of two thousand feet when flashing. Such a light must also be visible with night vision goggles.
     (c) The surface area under the footprint of the tower and six feet beyond the outer tower anchors must have a contrasting appearance with any surrounding vegetation.
     (d) Two marker balls must be attached to and evenly spaced on each of the outside guy wires.
     (e) Guyed towers must have a seven foot long safety sleeve at each anchor point and must extend from the anchor point along each guy wire attached to the anchor point.
     (2) Any guyed tower that was erected prior to the effective date of this section must be marked as required by this section within one year of the effective date of this section. Any guyed tower that is erected on or after the effective date of this section must be marked as required by this section no later than twenty-four hours prior to the time it is erected.
     (3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Guyed tower" means a tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself, towers used for military purposes excepted.
     (b) "Height" means the distance measured from the original grade at the base of the tower to the highest point of the tower.
     (c) "Temporary or permanent guyed tower" means a guyed tower erected and standing for any period of time whatsoever.
     (4) This section does not apply to power poles or structures owned and operated by an electric utility as defined in RCW 80.80.010 or any structure the primary purpose of which is to support telecommunications equipment, such as amateur radio services regulated by the federal communications commission.
     (5) This section does not apply to guyed towers within fifty feet of a higher or equal height structure or vegetation.
     (6) A person who violates a provision of this section is guilty of a misdemeanor.