Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 246-314-990, amending to increase fees for construction review services.

     Hearing Location(s): Department of Health, Point Plaza East, Room 152/153, 310 Israel Road S.E., Tumwater, WA 98504, on April 5, 2012, at 9:00 a.m.

     Date of Intended Adoption: April 13, 2012.

     Submit Written Comments to: John Williams, Department of Health, Health Professions and Facilities, P.O. Box 47852, Olympia, WA 98504, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by April 5, 2012.

     Assistance for Persons with Disabilities: Contact John Williams by March 29, 2012, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule increases fees for construction review services (CRS) to cover the costs of running the program. Increasing the fees will allow the department of health (department) to continue providing plan reviews and technical assistance services to clients in a timely manner.

     Reasons Supporting Proposal: The 2011 legislature authorized the department to increase fees for CRS in the budget bill (2ESHB 1087). RCW 43.70.110 provides authority for the department to charge fees for inspections and RCW 43.70.250 requires that fees cover the full costs of running the program. The current fee has not been modified in over fifteen years, but the basic operational costs of the program have steadily been increasing. A fee increase is needed to maintain reasonable plan review times and prevent costly delays in construction.

     Statutory Authority for Adoption: Chapter 43.70 RCW; 2ESHB 1087 (chapter 50, Laws of 2011).

     Statute Being Implemented: Chapter 43.70 RCW; 2ESHB 1087 (chapter 50, Laws of 2011).

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

     Name of Proponent: Department of health, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John Williams, Department of Health, 310 Israel Road S.E., Olympia, WA 98504, (360) 236-2944.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(f), a small business economic impact statement is not required for proposed rules that set or adjust fees or rates pursuant to legislative standards.

     A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.

February 16, 2012

Mary C. Selecky

Secretary

OTS-4451.2

AMENDATORY SECTION(Amending WSR 10-22-109, filed 11/2/10, effective 12/3/10)

WAC 246-314-990   Construction review fees.   (1) Upon prior approval by the program the project sponsor may exclude from the "project cost" the cost for fixed or installed technologically advanced clinical equipment such as but not limited to: Lithotripters, CT scans, linear accelerators, and MRIs.

     (2) Project fee table. Except as provided in subsection (4) and (5) of this section, the following fees will be charged for project review based on the cost of the project:

PROJECT FEE TABLE

Project Cost					Project Review Fee
$	0	to	$	999	$	((120)) 150
1,000		to	1,999			((250)) 305
2,000		to	2,999			((325)) 400
3,000		to	4,999			((410)) 500
5,000		to	9,999			((530)) 650
10,000		to	19,999			((665)) 815
20,000		to	29,999			((820)) 1,000
30,000		to	39,999			((975)) 1,190
40,000		to	49,999			((1,125)) 1,375
50,000		to	64,999			((1,325)) 1,620
65,000		to	79,999			((1,535)) 1,875
80,000		to	99,999			((1,845)) 2,250
100,000		to	124,999			((2,200)) 2,690
125,000		to	149,999			((2,550)) 3,120
150,000		to	199,999			((2,970)) 3,625
200,000		to	249,999			((3,325)) 4,060
250,000		to	324,999			((3,650)) 4,455
325,000		to	449,999			((4,100)) 5,000
450,000		to	574,999			((4,600)) 5,615
575,000		to	699,999			((5,200)) 6,350
700,000		to	849,999			((5,825)) 7,110
850,000		to	999,999			((6,550)) 7,995
1,000,000		to	1,249,999			((7,150)) 8,725
1,250,000		to	2,499,999			((7,850)) 9,560
2,500,000		to	2,999,999			((8,550)) 10,430
3,000,000		to	3,499,999			((9,300)) 11,350
3,500,000		to	4,999,999			((10,750)) 13,115
5,000,000		to	6,999,999			((12,200)) 14,885
7,000,000		to	9,999,999			((13,800)) 16,840
10,000,000		to	14,999,999			((15,850)) 19,340
15,000,000		to	19,999,999			((17,850)) 21,780
20,000,000		to	29,999,999			((19,900)) 24,280
30,000,000		to	39,999,999			((23,000)) 28,060
40,000,000		to	59,999,999			((25,600)) 31,235
60,000,000		and over				((28,700)) 31,235 plus 0.05% per dollar above 60 million

     (3) Existing building conversions. Building conversion fees will be based on the value of existing construction. Fees will be charged for project review based on the project fee table in subsection (2) of this section.

     (a) The existing construction value is based on the local area cost data.

     (b) Current cost data ((will be made)) is available and posted on the construction review services web site: ((http://www.doh.wa.gov/hsqa/fsl/CRS)) http://www.doh.wa.gov/crs.

     (c) Project sponsors may submit specific cost data that accurately describes the estimate good faith value for the program's consideration.

     (4) Flat fees. The following projects will receive a discount on project review fees:

     (a) Installation of finishes only, one hundred ((twenty)) fifty dollars;

     (b) Change of approved use only, one hundred ((twenty)) fifty dollars;

     (c) The first submission for review and approval of the site installation of a mobile unit, ((four)) five hundred ((seventy)) seventy-five dollars. Each additional submission of the same project, two hundred eighty-five dollars;

     (d) The first submission for review and approval of the equipment supplier of a mobile unit, ((four)) five hundred ((seventy)) seventy-five dollars. Each additional submission of the same project, two hundred eighty-five dollars;

     (e) Each eight staff hours or fraction thereof for technical assistance, ((four)) five hundred ((ten)) dollars. For technical assistance requiring travel, the program may increase the fee to include travel expenses;

     (f) Special projects as determined by the program that requires minimal or highly repetitive review, ((four)) five hundred ((ten)) dollars for every review((/)) or inspection after the initial review;

     (g) Plan review and inspection for the on-site installation of the foundation, and hook-ups including, but not limited to, potable water, sewage disposal systems, or gas connections for factory assembled structures, two hundred fifty dollars per site visit regardless of the number of sites installed and completed at the time of inspection;

     (h) On-site inspection and plan review for foundation pad for temporary structures including, but not limited to, tents and RVs, one hundred and twenty dollars per site visit regardless of the number of pads installed and completed at the time of inspection.

     (5) Fee reductions. The program may decrease the project review fees, when:

     (a) The project sponsor requests a reduction in the fee according to subsection (1) of this section;

     (b) The project is prepared by a state licensed architect or engineer when architectural or engineering services are not required by rule. The project may qualify for a reduction of up to fifteen percent;

     (c) A facility is converted from another occupancy as defined by the state building code; a facility is converted from one license to another; or, a facility that is currently unlicensed, but was previously licensed through the ((DOH or DSHS)) Washington state department of health or the Washington state department of social and health services, wishes to be reviewed for relicensure. The project may qualify for a reduction of up to fifty percent. The amount of fee reduction will be determined by the estimated amount of systems review required to ensure that the rules have been met.

     (6) Total fee reductions may not exceed seventy percent of the original estimated project review fee.

     (7) Refunds. The program shall refund fees paid when requested by the applicant as follows:

     (a) The final attested project cost is less than the project estimated on the application. Fees paid may be refunded by the program according to the project fee table in subsection (2) of this section.

     (b) If a project is canceled after an application and fee has been received but no plan review or technical assistance has been performed by the program, seventy-five percent of the fees paid.

     (c) If a project is canceled after an application and fee has been received and plan review or technical assistance has been performed by the department, fifty percent of the fees paid.

     (8) No fees paid by the applicant will be refunded after project cancellation if any of the following applies:

     (a) More than two on-site visits, conferences, or plan reviews for any purpose have been performed by the program;

     (b) One year has elapsed since an application and fee is received by the program, but no permit is issued because applicant failed to complete requirements for permit, and the applicant has not pursued the project in good faith;

     (c) The amount to be refunded as calculated by subsection (7)(a), (b), or (c) of this section is one hundred twenty dollars or less;

     (d) Approval or authorization to begin construction or a permit has been issued or construction has begun prior to a request from the applicant to cancel the project; or

     (e) A written request has not been received to cancel the project.

[Statutory Authority: Chapter 43.70 RCW. 10-22-109, § 246-314-990, filed 11/2/10, effective 12/3/10. Statutory Authority: RCW 43.70.110. 06-16-118, § 246-314-990, filed 8/1/06, effective 9/1/06. Statutory Authority: RCW 43.70.250, 43.70.110 and 43.20B.020. 95-12-097, § 246-314-990, filed 6/7/95, effective 7/8/95. Statutory Authority: RCW 43.70.110. 91-16-107 (Order 185), § 246-314-990, filed 8/7/91, effective 9/7/91. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), § 246-314-990, filed 12/27/90, effective 1/31/91.]

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