HB 1134 — Standardizing fire safety codes for mobile food establishments.

H-1648.2SUBSTITUTEH-0072.3HOUSE HOUSE BILL 1134State of Washington66th Legislature2019 Regular SessionByHouseSessionByRepresentatives Local Government (originally sponsored by Representatives Peterson, Griffey, Irwin, Lekanoff, Gregerson, Eslick, and Pollet)READPolletRead FIRSTfirst TIMEtime 02/22/19.AN01/15/19.Referred to Committee on Local Government.AN ACT Relating to standardizing fire safety codes for mobile food establishments;

amending RCW 19.27.040;

prescribing penalties;

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Building code council" means the state building code council.(2) "Conversion vending unit" has the same meaning as in RCW 43.22.335.(2)43.22.335.(3) "Mobile"Local foodregulatory operator"entity" means anany individualcity, whotown, iscounty, legallyspecial responsiblepurpose fordistrict, theor operationother ofpolitical the mobilesubdivision foodof unit or conversion vending unit that operates a food establishment, such as the owner,state.(4) owner's agent, or other person.(3) "Mobile food unit" has the same meaning as in RCW 43.20.148.(4) "Owner or operator" means an individual whowho:(a) isIs legally responsible for the operation of the mobile food unit suchunit or asconversion thevending proprietor,unit proprietor'sthat agent,operates ora otherfood person.(5)establishment, "Statesuch fireas permit"the isowner, anowner's annualagent, fireor permitother that:person;

(a)and(b) IsPossesses issueda byvalid statewide amobile localfood unit fire districtpermit from toa thelocal mobileregulatory foodauthority operatorto ofoperate aa mobile mobile food unit or a conversion vending unit operatingthat operates a food establishmentestablishment.(5) "Mobile food unit" has the same meaning as in WashingtonRCW that43.20.148.(6) "Owner or operator" means an individual who is inlegally complianceresponsible withfor the requirementsoperation establishedof bythe mobile food unit such as the stateproprietor, buildingproprietor's codeagent, councilor pursuantother toperson.(7) section"Statewide 6mobile offood thisunit act;fire permit" is an annual fire permit that:

(a) Is issued by a local regulatory entity to the mobile food operator of a mobile food unit or conversion vending unit operating a food establishment in Washington that is in compliance with the rules established by the building code council pursuant to section 3 of this act;

and (c) has reciprocity throughout the state and is recognized in all counties,local cities,jurisdictions.NEW or towns.NEW SECTION.  Sec.

(1)(1)(a) Except as provided in (b) of this subsection, the state building code council shall adopt rules that are consistent with chapter 3, section 319 of the International Fire Code in Washington in place of any existing state or local regulatory codes and requirements for mobile food units and conversion vending units operating food establishments in Washington.(b) Mobile food units and conversion vending units operating food establishments in Washington are exempt from the provisions of chapter 3, section 319.10.1 of the international fire code relating to exhaust system inspections and section 319.10.3 of the international fire code relating to fuel gas system inspections.

(a)(i) An annual inspection of the exhaust system of each mobile food unit and conversion vending unit operating a food establishment in Washington;

and (b)(ii) an annual inspection of the fuel gas system and LP-gas containers by an approved inspection agency or company or a local fire district or fire department in Washington.(2) ExceptThe asbuilding providedcode incouncil subsectionshall (1)consult ofwith this section, the state buildingfire codemarshal's counciloffice shallas adoptprovided statein firechapter permit43.43 rulesRCW forand mobilethe fooddepartment unitsof labor and conversionindustries vendingas unitsprovided operatingin foodchapter establishments43.22 inRCW Washington.prior to publication of the proposed rules.

The state buildingfire codemarshal's counciloffice shalland consultthe withdepartment theof statelabor fireand marshal'sindustries officemay asrecommend providedto inthe chapterbuilding 43.43code RCW,council theany departmentchanges ofnecessary laborto andconform industriesthe asproposed providedrules into chapterthe 43.22requirements RCW,of this section and theto foodpromote truckthe industryhealth, priorsafety, toand publicationwelfare of the proposedpublic.NEW rules.SECTION.  Sec.

The state fire marshal's office and the department of labor and industries may recommend to the state building code council any changes necessary to conform the proposed rules to the requirements of this section and to promote the health, safety, and welfare of the public.NEW SECTION.  Sec.

(1) The departmentrules ofadopted licensing must create a state fire permit, in the form of a red insigne, which indicates that a conversion vending unit and mobile food unit is in compliance with the state fire permit provisions of section 63 of this act.(2)act Theapply stateto fireall permitcounties, mustcities, beand intowns the form of a red sticker with a space for where fire districts can indicate the datestate. or period for which the sticker is valid.(3) The director of the department of licensing shall:

(a)The Maintainfire code shall be applicable to each mobile food unit and each conversion vending unit used for the statecommercial firesale permits;of food.(2) A local regulatory entity shall authorize each mobile food unit and conversion vending unit operating a food unit establishment, to operate such food unit in the local regulatory entity's jurisdiction provided the owner or operator of the food or vending unit:

and(a) (b)Has uponobtained request,a distributevalid thestatewide statemobile firefood permitsunit to local fire districtspermit throughoutto operate the statefood foror distribution and permitting of conversion vending unitsunit andfrom mobileanother foodlocal unitsregulatory inentity; compliance with the state fire permit requirements pursuant to this section.NEW SECTION.  Sec.

and (b) provides the local regulatory entity a copy of the current statewide mobile food unit fire permit from the original local regulatory entity that issued the permit.NEW SECTION.  Sec.

(1)The Everybuilding conversioncode vendingcouncil unitshall andestablish mobilean foodannual unitfire operatingpermit forfee theto commercialbe salecharged ofby foodany inlocal Washingtonregulatory shall:(a)entity Beissuing inspecteda bystatewide amobile localfood Washingtonunit fire districtpermit annually;(b)to Obtainmobile afood validunits stateand fireconversion permitvending stickerunits uponoperating successfulfood establishments that are in compliance with the staterules fireadopted permitin requirements under section 4 of this act;act.

and(c) Have affixed and displayed a current valid state fire permit.(2) The total charge for the annual firestatewide inspection and state fire permit shallfee, notestablished exceedfor twenty-fivea dollarsstatewide per inspection.(3) Only one state fire permit per mobile food unit orfire conversionpermit, vendingmust unitbe isstandardized required per year and suchthe statesame firefee permitcharged isby valid in all local jurisdictionsregulatory throughoutentities. the state.

Nothing prohibits a random secondary fire inspection of a mobile food operator of a mobile food unit or conversion vending unit during periods when such unit is in operation.(4) The firefee districtcharged thatfor performs the fireannual inspectionstatewide of the mobile food unit or conversion vending unit, issues the state fire permit stickershall pursuantnot toexceed section 4 of this act, and collects the respectiveactual statecosts fireof permit fee, shall retain the proceeds from the collected state fire permitinspection fee.(5) The required state fire permit, for each mobile food unit or conversion vending unit operating a food establishment, issued by a fire district in Washington is valid throughout the state and shalladministrative beexpenses recognizedrequired into anyissue county, city, or town throughout the state.NEWfire permit.NEW SECTION.  Sec.

(1) EveryAny local regulatory entity may issue a statewide mobile food operatorunit fire permit and charge the respective annual mobile food unit fire permit fee, established pursuant to section 5 of athis act, provided such mobile food unit or conversion vending unit shalloperating obtaina anfood annualestablishment fireis inspectionin fromcompliance awith localthe firerules districtestablished thatand compliesadopted withby the followingbuilding requirements:(a)code Eachcouncil pursuant to section 3 of this act.(2) The local regulatory entity that inspects a mobile food unit andor conversion vending unitunit, mustissues havethe astatewide typemobile 1food hoodunit installedfire abovepermit, thepursuant commercialto cookingsection appliances5 (griddles/fryers);(b)of Thethis fireact, extinguishingand systemcollects ofthe eachrespective statewide mobile food unit andfire conversionpermit vendingfee, unitshall mustretain bethe servicedcollected annually,mobile orfood afterunit eachfire extinguishingpermit systemfee.NEW use.SECTION.  Sec.

Proof must be provided documenting cleaning and inspection of the suppression system;(c) Each mobile food unit and conversion vending unit must have a fire extinguisher with minimum rating 2A:10BC;(d) Each mobile food unit and conversion vending unit must have a type 1 rated hood system and a K rated fire extinguisher, if the unit has grillers and fryers;(e) Each mobile food unit and conversion vending unit must be in compliance with chapter 61 of the international fire code if the unit contains a liquid propane gas system;(f) The maximum aggregate capacity of the liquid propane gas containers shall not exceed two hundred pounds propane capacity in any mobile food unit or conversion vending unit;(g) The liquid propane containers installed on each mobile food unit and conversion vending unit shall be securely mounted and restrained to prevent movement.

If there are freestanding cylinders, each shall be protected from impacts and falling over;(h) If the liquid propane containers are in a closed compartment of the mobile food unit or conversion vending unit, there shall be a vent to the exterior;(i) Each mobile food unit and conversion vending unit must have a leak detection alarm installed to manufacturer's specifications;(j) The LP-gas system of each mobile food unit and conversion vending unit shall be annually inspected;(k) If the mobile food unit or conversion vending unit contains a compressed natural gas system, it shall comply with national fire protection association standard 52 and the following shall apply:(i) The containers for compressed natural gas shall not exceed one thousand three hundred pounds water capacity;(ii) The compressed natural gas containers installed on the mobile food unit shall be securely mounted and restrained to prevent movement and shall be installed in a place to withstand a direct vehicular impact.

Any freestanding cylinders shall be protected from impacts and falling over;(iii) The mobile food unit must have a methane alarm installed to manufacturer's specifications;

and(iv) The compressed natural gas system must be inspected every three years by a qualified service facility.

The system shall have a tag with the name of the inspection agency and date of inspection;

and(l) If there is a fixed cooking oil storage tank installed on the mobile food unit or conversion vending unit, the following requirements apply:(i) Metallic and nonmetallic tanks shall be listed Underwriter Laboratories 80 or 142;(ii) Normal and emergency venting shall be provided for cooking oil storage tanks;

and(iii) Nonmetallic tanks shall not exceed two hundred gallons and must be appropriately rated up to the maximum temperature it is exposed to during use.(2) The vehicle when it is operating as a mobile food unit must be situated to keep the fire lanes clear.

In addition, it must be located a minimum of five feet from noncombustible buildings, such as block or concrete walls.

In cases where the building is made of wood or has combustible siding, the mobile food unit must be ten feet away.

For all buildings, the mobile food unit must be ten feet from any door, window, or opening.

The mobile food unit must be ten feet from the nearest tent or other mobile food units.(3) Every mobile food operator of a mobile food unit or conversion vending unit must display, during its operation, a valid state fire permit that is:

(a) Located in the respective mobile food unit or conversion vending unit;

(b) clearly displayed in a conspicuous place during operation of the mobile food unit;

and (c) upon request, available for inspection at all times by code enforcement.NEW SECTION.  Sec.

ItThe isbuilding acode civilcouncil infraction,shall punishablefacilitate byreciprocity aof fivethe hundredstatewide dollarmobile fine,food forunit anyfire personpermits tobetween remove,local replicate,regulatory orauthorities otherwiseand interfereassist within theinforming displaylocal thereofregulatory ofauthorities awhen statestatewide firemobile permitfood issuedunit underfire thepermit provisionsrules ofare thisupdated chapter.NEWor amended.NEW SECTION.  Sec.

The Washington state building code council shall adoptestablish andan amendonline rules,database asthat necessary,local forregulatory theentities purposecan ofenter providingapproved uniformstatewide rules and guidelines for mobile food unitsunit andfire ensurepermits. that the council's rules do not conflict with the provisions of this chapter.NEW SECTION.  Sec.

The database shall be open to the public and, at a minimum, be searchable by statewide mobile food unit fire permit number, business name, or business license number.NEW SECTION.  Sec.

Sections(1) 1A throughmobile 8food andoperator 10 of thisa actmobile constitutefood aunit newor chapterconversion invending Titleunit 19is RCW.NEWonly SECTION.  Sec.required to obtain one statewide mobile food unit fire permit per mobile food unit or conversion vending unit per year.

In accordance with section 4 of this act, a statewide mobile food unit fire permit, for a mobile food unit or conversion vending unit operating a food establishment, issued by a local regulatory entity in Washington is valid throughout the state and shall be recognized in any local jurisdiction, such as a county, city, or town in this state.(2) During the operation of any mobile food unit and conversion vending unit, a valid statewide mobile food unit fire permit must be:

(a) Located in the respective mobile food unit or conversion vending unit;