HOUSE BILL REPORT

HB 259

BYRepresentatives Braddock and Lux; by request of Department of Social and Health Services

Modifying provisions governing water recreation.

House Committe on Health Care

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (9)

     Signed by Representatives Braddock, Chair; Day, Vice Chair; Bristow, Brooks, Bumgarner, Cantwell, Lux,D. Sommers and Sprenkle.

House Staff:John Welsh (786-7133)

AS REPORTED BY COMMITTEE ON HEALTH CARE JANUARY 23, 1987

BACKGROUND:

The department of Social and Health Services (DSHS) currently regulates the construction design and aspects of water quality and sanitation over public swimming pools open to the public for a charge and measuring over 1,500 square feet, as well as semi-public pools in hotels and clubs.  The construction design of all public and semi-public swimming pools must be approved by the Secretary (DSHS) who possesses rule-making authority.  Violations of the law are punishable as misdemeanors with fines not exceeding $300.00.  In addition, the DSHS regulates the construction design, water quality, sanitation and safety aspects of water recreation facilities such as water slides and wave pools in water amusement parks.

Currently, neither the water quality, sanitation nor safety considerations of public spas, tubs and delineated natural swimming areas are covered under the law, nor are the safety considerations for swimming pools.  The coverage under the law of swimming pools in multi-residential units is unclear.

Swimming pools and spas are responsible for a growing number of injuries and illnesses and are ideal environments for the growth of microorganisms.

SUMMARY:

SUBSTITUTE BILL:  The regulation of water recreation facilities is expanded to include the water quality, sanitation and safety aspects of public spas and tubs and delineated natural swimming areas, as well as the safety aspects of swimming pools.  Exemptions are provided for water recreation facilities for residents and invited guests at single family residences, therapeutic water facilities as well as steam baths and saunas.  Water recreation facilities located in multi-residential complexes of less than 15 units are exempt from construction design reviews, routine inspections and permit or fee requirements, though they must conform to water quality, sanitation and safety standards.

Local governments also have authority to regulate water recreation facilities.  Such facilities are made subject to existing requirements for construction permits, operating permits, immunity from liability for government officers, and reporting of injuries and diseases for recreational water contact facilities.  Violations of the chapter are punishable as misdemeanors and the maximum fine is raised from $300.00 to $500.00.  Rule-making authority is transferred to the state Board of Health.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The permit requirements for the construction of new water recreation facilities covered by this act become effective after the effective date of this act.  Facilities with existing in-ground systems may continue to operate, subject to water quality, sanitation and safety standards.  Construction permit applications must be approved or denied within 30 days of submittal.

Fiscal Note:    No Impact.

House Committee ‑ Testified For:     Don Leaf; John Thayer; Alex Roos; John Laubach, and Eric Slagle.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     Swimming pools are responsible for a growing number of injuries and illnesses.  The DSHS currently has no jurisdiction over spas and tubs nor over the safety concerns of swimming pools, and coverage of pools in apartments and condominiums complexes is unclear.  The bill would clarify state and local government responsibility over the water quality, sanitation and safety aspects of all water recreation facilities.

House Committee - Testimony Against: The application of regulatory authority over swimming pools in apartment complexes may be too burdensome.  There is no limit on the amount of fees to be charged.