AN ACT Relating to recreational water contact facilities; adding a new chapter to Title 70 RCW; repealing RCW 70.90.010, 70.90.020, 70.90.030, 70.90.040, and 70.90.900; prescribing penalties; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. This chapter shall be known and may be cited as the "recreational water contact facilities act."

NEW SECTION. Sec. 2. The legislature finds and declares that:

(1) The proliferation of recreational water contact facilities poses a growing hazard to the public health, safety, and welfare;

(2) The number and variety of recreational water contact facilities are constantly increasing;

(3) The number of injuries, illnesses, and fatalities resulting from recreational water contact facilities is increasing and is often attributable to equipment design and operation;

(4) Individuals themselves are often unable to detect and thus minimize the effects of hazardous design and poor maintenance of equipment; and

(5) Individuals have a right to protect against the unrecognizable risks they face.

The legislature further declares that the department of social and health services and local health jurisdictions need detailed information about the identity and characteristics of injuries, illnesses, and fatalities occurring at recreational water contact facilities in order to compile records over a period of time that will facilitate the prevention of recurring injuries, illnesses, and fatalities.

The legislature further declares that existing law does not adequately deal with safety issues and the wide range of present day innovations and technology in the recreational water contact facilities industry.

The legislature therefore determines that while these facilities have contributed to the high quality of life we enjoy in our state, it is in the public interest to establish a program for adequately dealing with the health and safety issues associated with all types of recreational water contact facilities.

NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Recreational water contact facility" means an artificial or natural basin, chamber, tank, or other structure containing water used, or intended to be used, for recreation, swimming, diving, or therapeutics, including, but not limited to, swimming pools, spas, hot tubs, water slides, wave pools, bathing beaches, and other water recreation facilities, together with auxiliary buildings and appurtenances, provided with or without charge, and whether owned or operated by an individual, firm, partnership, copartnership, corporation, company, association, club, governmental entity, or organization of any kind. The term does not include water contact facilities at a single-family residence for the sole use of the occupants and invited guests, or at state licensed medical or health care facilities for treatment of patients.

(2) "Health officer" means the health officer of the city, county, or city-county department or district, or a representative authorized by the health officer.

(3) "Secretary" means the secretary of social and health services or a representative authorized by the secretary.

(4) "Person" means an individual, firm, partnership, copartnership, corporation, company, association, club, governmental entity, or organization of any kind.

NEW SECTION. Sec. 4. The state board of health shall adopt rules pertaining to safety, sanitation, and water quality standards for recreational water contact facilities. The rules shall include design, operation, injury and fatality reporting, biological and chemical standards and monitoring requirements, surveillance, and permit and enforcement procedures, and any other rules the board finds necessary.

NEW SECTION. Sec. 5. The health officer and the secretary shall enforce this chapter and any rules adopted hereunder. The health officer and/or the secretary may impose civil penalties for the violation of this chapter or any rule adopted hereunder. Any person who commits such a violation shall be guilty of a misdemeanor and upon conviction thereof be subject to a fine of not more than five hundred dollars.

NEW SECTION. Sec. 6. The health officer and the secretary shall develop a joint plan of operation listing the responsibilities of each agency for administering this chapter and any rules adopted under this chapter.

NEW SECTION. Sec. 7. Any person operating a recreational water contact facility shall report to the health officer and/or the secretary, as required under this chapter, any incident of serious injury or death occurring at the recreational water contact facility.

NEW SECTION. Sec. 8. The health officer may establish and collect fees sufficient to cover the full cost of services authorized under this chapter. The secretary may establish and collect fees sufficient to cover the full cost of plan review, surveillance, and enforcement services enjoined by the joint plan of operation. Fees recovered under this section by the secretary shall be deposited in the state general fund.

NEW SECTION. Sec. 9. Inspections, rules, and orders of the health officer or secretary resulting from the exercise of this chapter shall not in any manner be deemed to impose liability upon the local health jurisdiction or the state for any injury or damage resulting from the operation of the facilities regulated by this chapter, and all actions of the health officer and secretary shall be deemed an exercise of the police power of the state.

NEW SECTION. Sec. 10. The sum of .......... dollars, or so much thereof as may be necessary, is appropriated for the biennium ending June 30, 1987, from the general fund to the department of social and health services to carry out the technical resource, training, and administrative responsibilities of the recreational water contact facilities program.

NEW SECTION. Sec. 11. Sections 1 through 9 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 12. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 57, Laws of 1957, section 115, chapter 141, Laws of 1979 and RCW 70.90.010;

(2) Section 2, chapter 57, Laws of 1957, section 116, chapter 141, Laws of 1979 and RCW 70.90.020;

(3) Section 3, chapter 57, Laws of 1957, section 117, chapter 141, Laws of 1979 and RCW 70.90.030;

(4) Section 4, chapter 57, Laws of 1957, section 118, chapter 141, Laws of 1979 and RCW 70.90.040; and

(5) Section 5, chapter 57, Laws of 1957 and RCW 70.90.900.

NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 14. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.