AN ACT Relating to recreational water contact facilities; adding new sections to chapter 70.90 RCW; repealing RCW 70.90.010, 70.90.020, 70.90.030, 70.90.040, and 70.90.900; and prescribing penalties.

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

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

NEW SECTION. Sec. 2. The legislature recognizes that recreational water contact activities are becoming increasingly popular. Recreational water contact facilities are expanding in number and in the variety of equipment and activities offered. The legislature, to protect the public health, safety, and welfare and promote the safe use of recreational water contact facilities finds it necessary to regulate these 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 any artificial basin or other structure containing water, used or intended to be used for recreation or therapy, where body contact with the water occurs, or is intended to occur and any area designated for swimming in natural waters with artificial boundaries within the waters. The term includes, but is not limited to, swimming pools, water slides, hot tubs or spas, wading pools, spray pools, wave pools, and any other water park amusement facility designed for body contact with the water, together with auxiliary buildings and appurtenances, provided with or without charge, regardless of ownership or management.

The term does not include the following: (a) Water contact facilities at a single family residence for the sole use of the occupants and invited guests; (b) water contact facilities at medical or health care facilities otherwise licensed by the state; (c) single-use hydrotherapy tubs; (d) boating and associated activities; (e) scuba activities in natural waters; and (f) steam baths and saunas.

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

(3) "Secretary" means the secretary of social and health services.

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

(5) "Department" means the department of social and health services.

NEW SECTION. Sec. 4. The state board of health shall adopt rules under the administrative procedures act, chapter 34.04 RCW, setting safety, sanitation, and water quality standards for recreational water contact facilities. The rules shall include but not be limited to requirements for design; operation; injury and illness reports; biological and chemical contamination standards; water quality monitoring; inspection; permit application and issuance; fees sufficient to cover the costs incurred by the department for the administration and enforcement of this chapter; and enforcement procedures.

NEW SECTION. Sec. 5. (1) The local health officers and the secretary shall develop joint plans of operation outlining the duties of each local health jurisdiction and the department in the administration of this chapter and the rules adopted under this chapter.

NEW SECTION. Sec. 6. (1) Local health officers may establish and collect fees sufficient to cover their costs incurred in carrying out their duties under this chapter and the rules adopted under this chapter.

(2) The department may establish and collect fees sufficient to cover its costs incurred in carrying out its duties under this chapter. The fees shall be deposited in the state general fund.

NEW SECTION. Sec. 7. A permit is required for any modification to or construction of any recreational water contact facility after the effective date of this act. The plans and specifications for the modification or construction shall be submitted to the applicable local authority or the department as applicable, but a person shall not be required to submit plans at both the state and local levels or apply for both a state and local permit. The plans shall be reviewed and may be approved, rejected, or modifications or conditions imposed consistent with this chapter as the public health or safety may require, and a permit shall be issued or denied.

NEW SECTION. Sec. 8. An operating permit from the department or local health officer, as applicable, is required for each recreational water contact facility operated in this state. The permit shall be renewed annually. The permit shall be conspicuously displayed at the recreational water contact facility.

NEW SECTION. Sec. 9. Nothing in this chapter or the rules adopted under this chapter creates or forms the basis for any liability: (1) On the part of the state and local health jurisdictions, or their officers, employees, or agents, for any injury or damage resulting from the failure of the owner or operator of recreational water contact facilities to comply with this chapter or the rules adopted under this chapter; or (2) by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter or the rules adopted under this chapter on the part of the state and local health jurisdictions, or by their officers, employees, or agents.

All actions of local health officers and the secretary shall be deemed an exercise of the state's police power.

NEW SECTION. Sec. 10. Any person operating a recreational water contact facility shall report to the local health officer or the department any serious injury, illness, or death occurring at or caused by the recreational water contact facility.

NEW SECTION. Sec. 11. The local health officer and the secretary shall enforce this chapter and the rules adopted under this chapter. Local health officers and the secretary, as applicable, may establish civil penalties for a violation of this chapter or the rules adopted under this chapter.

NEW SECTION. Sec. 12. (1) Any person aggrieved by an order or action of the department may request a hearing under the administrative procedures act, chapter 34.04 RCW.

(2) Any person aggrieved by an order or action of a local health officer may request a hearing which shall be held consistent with the local health jurisdiction's administrative appeals process.

NEW SECTION. Sec. 13. (1) Any person violating any provision of this chapter or the rules adopted under this chapter is guilty of a misdemeanor and subject to a fine of not more than five hundred dollars. Each day upon which a violation occurs constitutes a separate violation. A person violating this chapter may be enjoined from continuing the violation.

(2) Notice shall be provided by the department, if applicable, as required under chapter 34.04 RCW for contested cases. Notice shall be provided by the local health jurisdiction as applicable consistent with the due process requirements of the local health jurisdiction.

NEW SECTION. Sec. 14. (1) A water park facility shall not be operated within the state unless the owner or operator has purchased insurance in an amount not less than one million dollars against liability for bodily injury to or death of one person in any one accident arising out of the use of the water park facility and not less than five million dollars for bodily injury to or death of two or more persons in any one accident arising out of the use of a water park facility.

(2) As used in this section, water park facility means any artificial water recreational facility providing waterslides, flumes, tubes, over-water swings and cable rides, or mechanical wave pods intended for the displacement of the body on, over, or through water.

NEW SECTION. Sec. 15. 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. 16. Sections 1 through 14 of this act are added to chapter 70.90 RCW.

NEW SECTION. Sec. 17. 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.