Bill Summary – FastDemocracy

ENGROSSED SUBSTITUTE HOUSE BILL 1304
     State of Washington          68th Legislature     2023 Regular Session
     By House Local Government (originally sponsored by Representatives
     Hackney and Walen)
     READ FIRST TIME 02/14/23.
      AN ACT Relating to electric security alarm systems; adding a new
  section to chapter 35.21 RCW; adding a new section to chapter 35A.21
  RCW; adding a new section to chapter 36.01 RCW; adding a new section
  to chapter 19.27 RCW; and creating a new section.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     NEW SECTION. Sec. 1. The legislature finds that recent changes
 in alarm system technology can be beneficial for protecting property
 owners from ongoing theft, and help to 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:
                                        p. 1                        ESHB 1304
     (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 fence energizers and electric fences;
     (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.
 Nothing in this section precludes a city or town from regulating or
 requiring a permit for a nonelectric perimeter fence or wall.
     (2) A city or town that has, prior to January 1, 2024, adopted an
 ordinance, land use regulation, or building code that permits
 electric security alarm systems in accordance with IEC standards in
 commercial and industrial zones within the city or town is not
 subject to the requirements of this section.
     (3) 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
                                     p. 2                        ESHB 1304
     (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 international electrotechnical
 commission standard 60335-2-76, 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 fence energizers and electric fences;
     (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.
 Nothing in this section precludes a code city from regulating or
 requiring a permit for a nonelectric perimeter fence or wall.
     (2) A code city that has, prior to January 1, 2024, adopted an
 ordinance, land use regulation, or building code that permits
 electric security alarm systems in accordance with IEC standards in
 commercial and industrial zones within the code city is not subject
 to the requirements of this section.
     (3) For the purposes of this section:
                                     p. 3                        ESHB 1304
     (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 international electrotechnical
 commission standard 60335-2-76, 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 fence energizers and electric fences;
     (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
                                     p. 4                        ESHB 1304
 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.
 Nothing in this section precludes a county from regulating or
 requiring a permit for a nonelectric perimeter fence or wall.
     (2) A county that has, prior to January 1, 2024, adopted an
 ordinance, land use regulation, or building code that permits
 electric security alarm systems in accordance with IEC standards in
 commercial and industrial zones within the county is not subject to
 the requirements of this section.
     (3) 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 international electrotechnical
 commission standard 60335-2-76, 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.
                                     p. 5                        ESHB 1304
     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
 sections 2, 3, and 4 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.
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