1304-S AMH HACK H2485.1
SHB 1304 - H AMD 779
By Representative Hackney
WITHDRAWN 02/13/2024
Strike everything after the enacting clause and insert the following:
"NEW SECTION.  Sec. 1. The legislature finds that recent changes in alarm system technology can have beneficial effects on protecting industrial and commercial property owners from ongoing theft, as well as minimize the demand on local government policing and judicial resources. The legislature further finds that state and local building codes related to electric security alarm systems vary widely from jurisdiction to jurisdiction and that a uniform definition and application of a statewide standard for installation of such systems would be beneficial to industrial and commercial property owners statewide. It is, therefore, the intent of the legislature to establish a statewide standard for the installation and operation of electric security alarm systems to streamline adoption and provide certainty for installation of such systems.
NEW SECTION.  Sec. 2. A new section is added to chapter 35.21 RCW to read as follows:
(1) Cities and towns may not adopt or enforce any ordinance, land use regulation, or building code for manufacturing, industrial, or outdoor storage property that:
(a) Prohibits the installation or use of an electric security alarm system;
(b) Imposes installation or operational requirements inconsistent with IEC standards or this section for an electric security alarm system;
(c) Requires a property setback for an electric security alarm system or its ancillary components beyond the distance required by IEC standards for separation from an external fence that surrounds the perimeter of the outdoor storage property, including any existing nonconforming or grandfathered fence; or
(d) Requires a permit of any type other than a security alarm permit for the installation or use of an electric security alarm system or imposes a fee for such a permit of more than $1,000.
(2) For the purposes of this section:
(a) "Electric security alarm system" means an outdoor alarm system and ancillary components, including a fence-like wiring structure, placed behind an existing nonelectric fence that:
(i) Interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to detect and alert the property owner of an intrusion or burglary;
(ii) Has an energizer that is driven by battery of no more than 12 volts of direct current and that does not produce an electric charge on contact that exceeds energizer characteristics set for electric fence energizers by IEC standards;
(iii) Is surrounded by a nonelectric perimeter fence or wall that is at least five feet in height;
(iv) Is 10 feet in height or two feet higher than the height of the nonelectric perimeter fence or wall, whichever is greater; and
(v) Is marked with conspicuous warning signs that are located on the fence at not more than 30-foot intervals and that read: "WARNING: ELECTRIC FENCE."
(b) "IEC standards" means the standards set by the international electrotechnical commission as most recently published on or before January 1, 2021.
(c) "Outdoor storage property" means a commercial property, regardless of zoning designation, that is legally authorized to store, park, service, sell, or rent vehicles, vessels, equipment, materials, freight, or utility infrastructure within an outdoor lot or yard that is surrounded by a nonelectric perimeter fence or wall.
NEW SECTION.  Sec. 3. A new section is added to chapter 35A.21 RCW to read as follows:
(1) Code cities may not adopt or enforce any ordinance, land use regulation, or building code for manufacturing, industrial, or outdoor storage property that:
(a) Prohibits the installation or use of an electric security alarm system;
(b) Imposes installation or operational requirements inconsistent with IEC standards or this section for an electric security alarm system;
(c) Requires a property setback for an electric security alarm system or its ancillary components beyond the distance required by IEC standards for separation from an external fence that surrounds the perimeter of the outdoor storage property, including any existing nonconforming or grandfathered fence; or
(d) Requires a permit of any type other than a security alarm permit for the installation or use of an electric security alarm system or imposes a fee for such a permit of more than $1,000.
(2) For the purposes of this section:
(a) "Electric security alarm system" means an outdoor alarm system and ancillary components, including a fence-like wiring structure, placed behind an existing nonelectric fence that:
(i) Interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to detect and alert the property owner of an intrusion or burglary;
(ii) Has an energizer that is driven by battery of no more than 12 volts of direct current and that does not produce an electric charge on contact that exceeds energizer characteristics set for electric fence energizers by IEC standards;
(iii) Is surrounded by a nonelectric perimeter fence or wall that is at least five feet in height;
(iv) Is 10 feet in height or two feet higher than the height of the nonelectric perimeter fence or wall, whichever is greater; and
(v) Is marked with conspicuous warning signs that are located on the fence at not more than 30-foot intervals and that read: "WARNING: ELECTRIC FENCE."
(b) "IEC standards" means the standards set by the international electrotechnical commission as most recently published on or before January 1, 2021.
(c) "Outdoor storage property" means a commercial property, regardless of zoning designation, that is legally authorized to store, park, service, sell, or rent vehicles, vessels, equipment, materials, freight, or utility infrastructure within an outdoor lot or yard that is surrounded by a nonelectric perimeter fence or wall.
NEW SECTION.  Sec. 4. A new section is added to chapter 36.01 RCW to read as follows:
(1) Counties may not adopt or enforce any ordinance, land use regulation, or building code for manufacturing, industrial, or outdoor storage property that:
(a) Prohibits the installation or use of an electric security alarm system;
(b) Imposes installation or operational requirements inconsistent with IEC standards or this section for an electric security alarm system;
(c) Requires a property setback for an electric security alarm system or its ancillary components beyond the distance required by IEC standards for separation from an external fence that surrounds the perimeter of the outdoor storage property, including any existing nonconforming or grandfathered fence; or
(d) Requires a permit of any type other than a security alarm permit for the installation or use of an electric security alarm system or imposes a fee for such a permit of more than $1,000.
(2) For the purposes of this section:
(a) "Electric security alarm system" means an outdoor alarm system and ancillary components, including a fence-like wiring structure, placed behind an existing nonelectric fence that:
(i) Interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to detect and alert the property owner of an intrusion or burglary;
(ii) Has an energizer that is driven by battery of no more than 12 volts of direct current and that does not produce an electric charge on contact that exceeds energizer characteristics set for electric fence energizers by IEC standards;
(iii) Is surrounded by a nonelectric perimeter fence or wall that is at least five feet in height;
(iv) Is 10 feet in height or two feet higher than the height of the nonelectric perimeter fence or wall, whichever is greater; and
(v) Is marked with conspicuous warning signs that are located on the fence at not more than 30-foot intervals and that read: "WARNING: ELECTRIC FENCE."
(b) "IEC standards" means the standards set by the international electrotechnical commission as most recently published on or before January 1, 2021.
(c) "Outdoor storage property" means a commercial property, regardless of zoning designation, that is legally authorized to store, park, service, sell, or rent vehicles, vessels, equipment, materials, freight, or utility infrastructure within an outdoor lot or yard that is surrounded by a nonelectric perimeter fence or wall.
NEW SECTION.  Sec. 5. A new section is added to chapter 19.27 RCW to read as follows:
(1) By July 1, 2025, the state building code council shall adopt or amend rules as necessary to provide that electric security alarm systems are not considered structures under the state building code when placed behind an existing perimeter fence in compliance with section 2 of this act.
(2) For the purposes of this section, "electric security alarm system" has the same meaning as in section 2 of this act."
Correct the title.
EFFECT: • Changes references to "battery-charged electric security fences" to "electrified security alarm systems."
•Prohibits local governments from adopting or enforcing regulations that would prohibit the installation or use of an electrified security alarm system on manufacturing, industrial, or outdoor storage property; impose requirements on such a system that are inconsistent with those in the bill or those adopted by the international electrotechnical commission; require a setback from the perimeter fence for such a system beyond the distance required by the international electrotechnical commission standards; require a permit fee for such a system other than a security alarm permit or require a permit fee of more than $1,000.
•Changes the definition of "electrified security alarm system" to mean a fence-like wiring structure placed beyond an existing fence that meets certain criteria, including that the system must connect to an alarm system that can alert the property owner of an intrusion or burglary, that the system be surrounded by a non-electric perimeter fence that is at least five feet high, and that the system itself be at least 10 feet high.
• Requires the State Building Code Council to adopt or amend rules by July 1, 2025, to provide that electric security alarm systems are not considered structures under the State Building Code when placed behind a perimeter fence in compliance with the bill.
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