WASHINGTON STATE REGISTER

WSR 01-14-047

PERMANENT RULES

DEPARTMENT OF HEALTH

[ Filed June 29, 2001, 1:43 p.m. ]

Date of Adoption: June 27, 2001.

Purpose: To increase fees by the 2001 fiscal growth factor of 2.87%.

Citation of Existing Rules Affected by this Order: Amending WAC 246-282-990, 246-205-990, and 246-260-9901.

Statutory Authority for Adoption: RCW 43.70.250, 70.90.150, and 43.20B.250.

Adopted under notice filed as WSR 01-11-158 on May 23, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

June 29, 2001

M. C. Selecky

Secretary

OTS-4883.1

AMENDATORY SECTION(Amending WSR 01-04-054, filed 2/5/01, effective 3/8/01)

WAC 246-282-990 Fees. (1) Annual shellfish operation license fees are:

Type of Operation Annual Fee

Harvester $250.

Shellstock Shipper

0 - 49 Acres $((~~275.~~)) 282.

50 or greater Acres $((~~440.~~)) 452.

Scallop Shellstock Shipper $((~~275.~~)) 282

Shucker-Packer

Plants with floor space < 2000 sq. ft. $((~~500.~~)) 514.

Plants with floor space 2000 sq. ft. to 5000 sq. ft.
$((~~605.~~)) 622.

Plants with floor space > 5000 sq. ft. $((~~1,115.~~)) 1,147.

(2) The fee for each export certificate is $10.

(3) The fee for a harvester shellfish operation license is $125 for the period of time between October 1, 2001, and March 31, 2002. This subsection expires on April 1, 2002.

[Statutory Authority: RCW 69.30.030 and 43.20.030. 01-04-054, 246-282-990, filed 2/5/01, effective 3/8/01. Statutory Authority: RCW 43.70.250. 00-02-016, 246-282-990, filed 12/27/99, effective 1/27/00; 99-12-022, 246-282-990, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.20B.020 and 69.30.030. 98-12-068, 246-282-990, filed 6/1/98, effective 7/2/98. Statutory Authority: RCW 43.203.020 [43.20B.020]. 97-12-031, 246-282-990, filed 5/30/97, effective 6/30/97. Statutory Authority: RCW 43.20B.020 and 69.30.030. 96-16-073, 246-282-990, filed 8/6/96, effective 10/1/96. Statutory Authority: RCW 43.70.040. 93-17-096 (Order 389), 246-282-990, filed 8/17/93, effective 9/17/93; 91-02-049 (Order 121), recodified as 246-282-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20A.055. 85-12-029 (Order 2236), 440-44-065, filed 5/31/85; 84-13-006 (Order 2109), 440-44-065, filed 6/7/84; 83-15-021 (Order 1991), 440-44-065, filed 7/14/83. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), 440-44-065, filed 6/4/82.]

OTS-4877.1

AMENDATORY SECTION(Amending WSR 00-02-016, filed 12/27/99, effective 1/27/00)

WAC 246-205-990 Fees. (1) The department shall charge fees for issuance and renewal of certificates. The department shall set the fees by rule.

(2) The fees shall cover the cost of issuing certificates, filing papers and notices, and administering this chapter. The costs shall include reproduction, travel, per diem, and administrative and legal support costs.

(3) Fees are nonrefundable and shall be in the form of check or money order made payable to the department.

(4) The department shall require payment of the following fees upon receipt of application:

(a) Twenty-((~~seven~~)) eight dollars shall be assessed for each initial, renewal, or reciprocal worker certificate application.

(b) Twenty-((~~seven~~)) eight dollars shall be assessed for each initial, renewal, or reciprocal supervisor certificate application.

(c) Five hundred ((~~thirty-seven~~)) fifty-two dollars shall be assessed for each initial, renewal, or reciprocal authorized contractor certificate application. The applicant's certificate shall expire annually on the expiration date of the contractor's license issued under the provisions of chapter 18.27 RCW.

(d) Two hundred ((~~five~~)) eleven dollars shall be assessed for each initial application and fifty-one dollars shall be assessed for each renewal application for illegal drug manufacturing or storage site decontamination training course approval.

[Statutory Authority: RCW 43.70.250. 00-02-016, 246-205-990, filed 12/27/99, effective 1/27/00; 99-12-022, 246-205-990, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 64.44.060 and chapter 64.44 RCW. 91-04-007 (Order 125SB), 246-205-990, filed 1/24/91, effective 4/1/91.]

OTS-4882.2

AMENDATORY SECTION(Amending WSR 94-11-056, filed 5/11/94, effective 6/11/94)

WAC 246-260-9901 Fees. (1) CONSTRUCTION PERMIT FEES. The department establishes the fees listed in Table 990.1 for construction permits for carrying out its duties under WAC 246-260-030.

TABLE 990.1

CONSTRUCTION PERMIT FEES

	TYPE OF FACILITY	CONSTRUCTION PERMIT PLAN
		REVIEW FEES
I.	Swimming Pools
	(a) 125,000 gallons or more in volume		$((~~535.00~~)) 550.00
	(b) Greater ((~~that~~)) than 75,000 gallons and less than 125,000 gallons		$((~~320.00~~)) 329.00
	(c) Greater than 40,000 gallons and less than 75,000 gallons		$((~~210.00~~)) 216.00
	(d) Less than 40,000 gallons		$((~~160.00~~)) 165.00
II.	Spa Pools		$((~~160.00~~)) 165.00
III.	Wading Pools		$((~~105.00~~)) 108.00
IV.	Spray Pools		$ ((~~80.00~~)) 82.00
V.	Alterations, renovations, or modifications to existing swimming, spa, wading or spray pools, not to exceed two-thirds of new construction permit fees, or $((65)) 66/hour (which ever is less).
VI.	The fees for multiple pools at the same location will be based upon the highest fee for one facility and two thirds of the fee for each additional facility. For example: The fee for a 100,000 gallon swimming pool, a 60,000 gallon swimming pool, and a spa pool will be: ((~~$320 + $140 +$107 = $576~~)) $329 + $144 + $110 = $583. The fees for a small 30,000 gallon swimming pool and a spa pool will be ((~~$160 + $107 =$267~~)) $165 + $110 = $275.

(2) OPERATING PERMIT FEES The department establishes the fees listed in Table 990.2 for operating permits for ((~~carry[ing]~~)) carrying out its duties under WAC 246-260-040.

TABLE 990.2

FEE SCHEDULE
OPERATING PERMITS
Type + Number of Facilities

Single Swim
Pool
Single Spa Pool Single Wading
Pool
Spray Pool or
Pools
Each Additional Swim, Spa, or Wading Pool

Operating Permit 0-6 month $((~~275.00~~)) 282.00 $((~~240.00~~)) 247.00 $((~~200.00~~)) 205.00 $((~~100.00~~)) 102.00 $((~~60.00~~)) 61.00

Operating Permit 6-12 months $((~~450.00~~)) 462.00 $((~~400.00~~)) 411.00 $((~~350.00~~)) 360.00 $((~~150.00~~)) 154.00 $((~~80.00~~)) 82.00

Other Terms and Conditions:

(1) The department may charge an additional fee of $85 plus associated laboratory costs for any inspections beyond those provided under the annual operating permit when necessary due to violations of such items as (a) noncompliance with water quality standards, and (b) failure to comply with operational requirements for health and safety.

(2) The department may charge an alternate annual fee for an operating permit based on direct and indirect costs associated with issuance of the permit when arrangements are made with local health jurisdictions to administer all or portions of the duties associated with the operating permit. Except, that the fee for this operating permit cannot exceed the cost established by the previous portions of this regulation, but the fee may be less.

(3) During the first year of development of the operating permit and for new pool facilities built hereafter, or pools temporarily closed (significant period of several months) and reopened, there are provisions for prorating the costs for the operating permits.

(4) A reduction in fees, up to but not exceeding thirty percent, may be granted by the department when a facility operator can demonstrate a satisfactory level of training in pool safety, water quality, maintenance and operations. The department will develop criteria for such fee reductions within six months of the adoption of this regulation.

(5) For limited use facilities requiring operating permits which are serving less than fifteen living units, the operating permit shall be fifty percent of the fee. However, reinspection fees when necessary, will be charged as noted in condition (1).

(6) Fees for multiple facilities at the same physical location shall have a maximum FEE CAP as follows: Seasonal (0-6 months) WRF's: $750 NOTE: The third and subsequent pool/spa at the same location will be charged $50 for each such additional pool/spa.

Year around (>6 months) WRF's $1000 NOTE: The third and subsequent pool/spa at the same physical location will be charged $65 for each such additional pool/spa.

Examples of Fees Charged:

(1) If more than one pool at a facility and one is a year-round pool and another is a seasonal pool--year-round pool is base cost, seasonal pool is charged at additional fee charge. For example: Year-round spa = $((~~400~~)) 411 plus seasonal swimming pool is $((60)) 61 = $((~~460~~)) 472 total operating permits.

(2) If a single swimming pool and a single spa pool is used at the facility, the fee schedule will include fees as noted. For a 0-6 month permit, the primary fee for the single swimming would be $((~~275~~)) 282 and the spa pool would be viewed as the second pool at the facility and would have a fee of $((60)) 61, total operating permit fees would be $((~~335~~)) 343.

(3) If there are 12 pools/spas at a single year-around pool facility, the FEE CAP would apply and the maximum fee of $1000 would be charged. ($((~~450~~)) 462 base fee((;)), $((80)) 82 for first additional pool/spa, $65 for the remaining ten year-around pools/spas (10 x $65 = $650)) Total fee before fee cap = $((~~550~~)) 462 + $((80)) 82 + $650 = $((~~1280~~)) 1194. After FEE CAP the total fee = $1000. If approved training were credited to this facility for the maximum 30% discount, the 30% would be applied to the FEE CAP fee of $1000; $1000-30% = $700.

[Statutory Authority: RCW 70.90.150 and 43.20B.020. 94-11-056, 246-260-9901, filed 5/11/94, effective 6/11/94.]

Type of Operation			Annual Fee
	Harvester			$250.
	Shellstock Shipper
		0 - 49 Acres		$((~~275.~~)) 282.
		50 or greater Acres		$((~~440.~~)) 452.
	Scallop Shellstock Shipper		$((~~275.~~)) 282
	Shucker-Packer
		Plants with floor space < 2000 sq. ft.		$((~~500.~~)) 514.
		Plants with floor space 2000 sq. ft. to 5000 sq. ft.		$((~~605.~~)) 622.
		Plants with floor space > 5000 sq. ft.		$((~~1,115.~~)) 1,147.

	Single Swim Pool	Single Spa Pool	Single Wading Pool	Spray Pool or Pools	Each Additional Swim, Spa, or Wading Pool
Operating Permit 0-6 month	$((~~275.00~~)) 282.00	$((~~240.00~~)) 247.00	$((~~200.00~~)) 205.00	$((~~100.00~~)) 102.00	$((~~60.00~~)) 61.00
Operating Permit 6-12 months	$((~~450.00~~)) 462.00	$((~~400.00~~)) 411.00	$((~~350.00~~)) 360.00	$((~~150.00~~)) 154.00	$((~~80.00~~)) 82.00

(1)	The department may charge an additional fee of $85 plus associated laboratory costs for any inspections beyond those provided under the annual operating permit when necessary due to violations of such items as (a) noncompliance with water quality standards, and (b) failure to comply with operational requirements for health and safety.
(2)	The department may charge an alternate annual fee for an operating permit based on direct and indirect costs associated with issuance of the permit when arrangements are made with local health jurisdictions to administer all or portions of the duties associated with the operating permit. Except, that the fee for this operating permit cannot exceed the cost established by the previous portions of this regulation, but the fee may be less.
(3)	During the first year of development of the operating permit and for new pool facilities built hereafter, or pools temporarily closed (significant period of several months) and reopened, there are provisions for prorating the costs for the operating permits.
(4)	A reduction in fees, up to but not exceeding thirty percent, may be granted by the department when a facility operator can demonstrate a satisfactory level of training in pool safety, water quality, maintenance and operations. The department will develop criteria for such fee reductions within six months of the adoption of this regulation.
(5)	For limited use facilities requiring operating permits which are serving less than fifteen living units, the operating permit shall be fifty percent of the fee. However, reinspection fees when necessary, will be charged as noted in condition (1).
(6)	Fees for multiple facilities at the same physical location shall have a maximum FEE CAP as follows: Seasonal (0-6 months) WRF's: $750 NOTE: The third and subsequent pool/spa at the same location will be charged $50 for each such additional pool/spa.
	Year around (>6 months) WRF's $1000 NOTE: The third and subsequent pool/spa at the same physical location will be charged $65 for each such additional pool/spa.

(1)	If more than one pool at a facility and one is a year-round pool and another is a seasonal pool--year-round pool is base cost, seasonal pool is charged at additional fee charge. For example: Year-round spa = $((~~400~~)) 411 plus seasonal swimming pool is $((60)) 61 = $((~~460~~)) 472 total operating permits.
(2)	If a single swimming pool and a single spa pool is used at the facility, the fee schedule will include fees as noted. For a 0-6 month permit, the primary fee for the single swimming would be $((~~275~~)) 282 and the spa pool would be viewed as the second pool at the facility and would have a fee of $((60)) 61, total operating permit fees would be $((~~335~~)) 343.
(3)	If there are 12 pools/spas at a single year-around pool facility, the FEE CAP would apply and the maximum fee of $1000 would be charged. ($((~~450~~)) 462 base fee((;)), $((80)) 82 for first additional pool/spa, $65 for the remaining ten year-around pools/spas (10 x $65 = $650)) Total fee before fee cap = $((~~550~~)) 462 + $((80)) 82 + $650 = $((~~1280~~)) 1194. After FEE CAP the total fee = $1000. If approved training were credited to this facility for the maximum 30% discount, the 30% would be applied to the FEE CAP fee of $1000; $1000-30% = $700.

Washington State Code Reviser's Office