SENATE BILL REPORT

SSB 5012

BYSenate Committee on Environment & Natural Resources (originally sponsored by Senator McDonald)

Clarifying the liability of condominium owners' associations for air pollution violations.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 15, 1989

Majority Report:  That Substitute Senate Bill No. 5012 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Benitz, Patterson, Sutherland.

Senate Staff:Atsushi Kiuchi (786-7708)

                  March 8, 1989

AS PASSED SENATE, MARCH 7, 1989

BACKGROUND:

Chapter 405, Laws of 1987, governs the use of wood stoves and fireplaces.  Regulatory provisions include the curtailment of wood stove emissions during periods of poor ("impaired") air quality.  Violators are subject to a civil penalty up to $1,000. Local and regional air pollution control authorities are generally issuing notices of violations coupled with an explanatory warning letter.  The current primary enforcement emphasis is public education.

Current law does not specifically address liability for violations in multi-family units such as condominiums.

SUMMARY:

Condominium owners' associations and associations formed by multiple-family dwellings are released from liability when one of their residents uses an uncertified wood stove or fireplace during periods of impaired air quality.  The owners' associations shall cooperate with local air pollution control authorities to acquaint residents of the burning restrictions.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Senator McDonald, prime sponsor (pro); Stewart Clark, Department of Ecology; Sue Comis, Puget Sound Air Pollution Control Agency (con); Jim Weaver, Olympic Air Pollution Control Agency (con)