SENATE BILL REPORT

SB 5012

BYSenator 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)

                  February 15, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 15, 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:

The liability is removed for condominium owners' associations for violations by a condominium resident who uses a wood stove or fireplace during periods of impaired air quality.

EFFECT OF PROPOSED SUBSTITUTE:

Associations formed by multiple-family dwellings are included in the release of liability when one of its residents uses an uncertified wood stove or fireplace during periods of impaired air quality.  The owners' association 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)