Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule: WAC 246-260-9901 Water recreation facilities fees and 246-262-990 Recreational water contact facilities fees.

     Purpose: The proposed rules will enable the program to acquire additional revenue to maintain current service activities as well as provide a framework for local health jurisdictions to adjust corresponding local fees.

     Other Identifying Information: The proposed amendments will increase annual operating permit and construction plan review fees by the 2003 fiscal growth factor for both the water recreation facilities and recreational water contact facilities programs.

     Statutory Authority for Adoption: RCW 43.70.250 and 43.70.110.

     Statute Being Implemented: RCW 43.70.250 and 43.70.110.

     Summary: The water recreation program assists local health jurisdictions in assuring that water recreation facilities are safe for public use, thereby assuring public health protection.

     Reasons Supporting Proposal: The proposed rules will enable the program to acquire additional revenue to maintain current service activities as well as provide a framework for local health jurisdictions to adjust corresponding local fees.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Gary Fraser, Tumwater, (360) 236-3073.

     Name of Proponent: Department of Health, Environmental Health Programs, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: The water recreation program assists local health jurisdictions in assuring that water recreation facilities are safe for public use, thereby assuring public health protection. The proposed rules will enable the program to acquire additional revenue to maintain current service activities as well as provide a framework for local health jurisdictions to adjust corresponding local fees. The proposed amendments will increase annual operating permit and construction plan review fees by the 2003 fiscal growth factor for both the water recreation facilities and recreational water contact facilities programs.

     Proposal Changes the Following Existing Rules: The only proposed changes to these rules increase existing fees within the 2003 fiscal growth factor of 3.29% to acquire additional revenue to maintain current service activities as well as provide a framework for local health jurisdictions to adjust corresponding local fees.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), rules that set or adjust fees pursuant to legislative standards are exempt from the Regulatory Fairness Act.

     RCW 34.05.328 does not apply to this rule adoption. Under RCW 34.05.328 (5)(b)(vi), rules that set or adjust fees pursuant to legislative standards are exempt from the requirements of RCW 34.05.328.

     Hearing Location: Department of Health, Water Recreation Program, 7171 Cleanwater Lane, Building 2, Olympia, WA 98504-7824, on June 24, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Gary Fraser by June 17, 2003, TDD (800) 833-6388 or (360) 236-3073.

     Submit Written Comments to: Gary Fraser, Environmental Health Programs, P.O. Box 47825, Olympia, WA 98504-7825, fax (360) 236-2250, by June 24, 2003.

     Date of Intended Adoption: June 25, 2003.

May 13, 2003

Eric Stagle

Deputy Secretary

for Mary Selecky

Secretary

OTS-6336.2

AMENDATORY SECTION(Amending Order 122, filed 12/27/90, effective 1/31/91)

WAC 246-262-990   Fees.   (1) The fee for plan review of a new recreational water contact facility containing a single attraction shall be two hundred six dollars plus the safety engineer reviewer's cost as billed.

     (2) The fee for plan review of a new recreational water contact facility containing more than one attraction shall be two hundred six dollars plus the cost of the safety engineer reviewer's cost as billed plus ((seventy-five)) seventy-seven dollars for each attraction.

     (3) The fee for review of plans for alterations or modifications of an existing recreational water contact facility shall be the total of direct and indirect costs, not to exceed one-half of the fee for review of a new project.

     (4) The annual fee for an operating permit for a recreational water contact facility containing one attraction shall be one hundred ((seventy-five)) eighty dollars.

     (5) The annual fee for an operating permit for a recreational water contact facility containing more than one attraction shall be one hundred ((seventy-five)) eighty dollars for the first attraction plus fifty-one dollars for each additional attraction up to a maximum fee of three hundred ((twenty-five)) thirty-five dollars.

     (6) The department may charge an additional fee of fifty-one dollars plus associated laboratory costs for 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.

[Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), § 246-262-990, filed 12/27/90, effective 1/31/91.]

OTS-6335.3

AMENDATORY SECTION(Amending WSR 01-14-047, filed 6/29/01, effective 7/30/01)

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

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	$((28200)) 291.00	$((247.00)) 255.00	$((205.00)) 211.00	$((102.00)) 105.00	$((61.00)) 63.00
Operating Permit 6-12 months	$((462.00)) 477.00	$((411.00)) 424.00	$((360.00)) 371.00	$((154.00)) 159.00	$((82.00)) 84.00

Other Terms and Conditions:

(1)	The department may charge an additional fee of $((85))87 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))774 NOTE: The third and subsequent pool/spa at the same location will be charged $((50))51 for each such additional pool/spa.
	Year around (>6 months) WRF's $((1000))1032 NOTE: The third and subsequent pool/spa at the same physical location will be charged $((65))67 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 = $((411))424 plus seasonal swimming pool is $((61))63 = $((472))487 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 $((282))291 and the spa pool would be viewed as the second pool at the facility and would have a fee of $((61))63, total operating permit fees would be $((343))354.
(3)	If there are 12 pools/spas at a single year-around pool facility, the FEE CAP would apply and the maximum fee of $((1000))1032 would be charged. ($((462))477 base fee, $((82))84 for first additional pool/spa, $((65))67 for the remaining ten year-around pools/spas (10 x $((65))67 = $((650))670)) Total fee before fee cap = $((462))477 + $((82))84 + $((650))670 = $((1194))1231. After FEE CAP the total fee = $((1000))1032. 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))1032; $((1000))1032 - 30% = $((700))723.

[Statutory Authority: RCW 43.70.250, 70.90.150, and 43.20B.250. 01-14-047, § 246-260-9901, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 70.90.150 and 43.20B.020. 94-11-056, § 246-260-9901, filed 5/11/94, effective 6/11/94.]

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