S-1922               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5012

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

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

Read first time 2/16/89.

AN ACT Relating to the liability of condominium owners' associations for air pollution violations; and amending RCW 70.94.473.

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

        Sec. 1.  Section 6, chapter 405, Laws of 1987 and RCW 70.94.473 are each amended to read as follows:

          Any person in a residence or commercial establishment which has an adequate source of heat without burning wood shall:

          (1) Not burn wood in any solid fuel heating device whenever the department has determined under RCW 70.94.715 that any air pollution episode exists in that area;

          (2) Not burn wood in any solid fuel heating device, except wood stoves which meet the standards set forth in RCW 70.94.457, in the geographical area and for the period of time that impaired air quality has been determined, by the department or any authority, for that area.  For the purposes of this section, impaired air quality shall mean air contaminant concentrations nearing unhealthful levels concurrent with meteorological conditions that are conducive to an accumulation of air contamination.  If, after July 1, 1990, the department determines that there is quantitative evidence that wood stoves meeting the requirements of RCW 70.94.457 are contributing to impaired air quality, the department or any authority may prohibit burning of all solid fuel burning devices as provided by this section including those meeting the requirements of RCW 70.94.457.

A condominium owners' association or an association formed by residents of a multiple-family dwelling are not liable for violations of this section by a resident of a condominium or multiple-family dwelling.  The associations shall cooperate with local air pollution control authorities to acquaint residents with the provisions of this section.