WSR 14-15-089
[Filed July 18, 2014, 7:30 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-12-020.
Title of Rule and Other Identifying Information: WAC changes – Recreational conveyances inspection program. WACs being reviewed are WAC 352-44-020 Recreational conveyancesCertification, 352-44-050 Recreational conveyancesSafety inspections, 352-44-080 Recreational conveyancesSimulated load test, and new WAC 352-44-130 Fees, inspection and plan review.
Hearing Location(s): Ilwaco Community Building, 210 First Avenue North, Ilwaco, WA 98624, on September 18, 2014, at 9:00.
Date of Intended Adoption: September 18, 2014.
Submit Written Comments to: Nata Hurst, 1111 Israel Road S.W., Olympia, WA 98504-2650, e-mail, fax (360) 586-0207, by September 12, 2014.
Assistance for Persons with Disabilities: Contact Becki Ellison at or by calling (360) 902-8502.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updating WAC 352-44-020 to have certificate timing match operating use, add ability for other inspections as needed. Revoking WAC 352-44-050 Recreational conveyancesSafety inspections, information is covered in other RCW and WACs. Revoking WAC 352-44-080 Recreational conveyancesSimulated load test. State parks has adopted ANSI B77.1 current edition. Having a WAC cover the same issue is not necessary and may cause a conflict. New WAC 352-44-130 Fees, inspection and plan review, set fees for responsibilities under chapters 79A.40 and 79A.45 RCW.
Reasons Supporting Proposal: Updates bring the WACs in to alignment of current practice.
Statutory Authority for Adoption: RCW 79A.40.030.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state parks and recreation commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Nata Jo Hurst, 1111 Israel Road, Olympia, WA 98504, (360) 902-8638.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No fiscal impact.
A cost-benefit analysis is not required under RCW 34.05.328. No fiscal impact.
July 18, 2014
Valeria Evans
Management Analyst
AMENDATORY SECTION (Amending Order 20, filed 7/31/74)
WAC 352-44-020 Recreational conveyancesCertification.
Each conveyance for persons generally engaging in winter sports recreational activities, as described in RCW ((70.88.010)) 79A.40.010, shall have a current ((annual)) seasonal certificate to operate on a form approved and provided by the commission. Said certificate ((shall be for an annual term of one year beginning January 1 of each year)) covers either winter or summer. Additional inspections may be made as deemed necessary by the director. No conveyance shall be operated for use by the public unless a valid current certificate has been issued by the director. The certificate shall be:
(1) Signed by the director.
(2) Posted in a conspicuous location at the main loading terminal during periods of operation for public use.
(3) Adequately protected from the elements.
WAC 352-44-130 Fees, inspection and plan review.
To cover the costs of implementing the commission's responsibilities under chapters 79A.40 and 79A.45 RCW and as outlined in this chapter, the commission has adopted the following schedule of fees. The owner or operator of the ski area equipment shall pay the commission the following costs and fees:
(1) The actual costs incurred by the commission to retain an inspector to inspect, review plans, and file a report on recreational devices connected with the recreational conveyance operation; and
(2) An administrative fee, not to exceed twenty-eight percent of the actual costs incurred by the commission in subsection (1) of this section, to defray the commission's administrative costs associated with this program.
The director shall invoice the owner/operator for the costs incurred, which invoice shall be paid within thirty days of receipt. The director shall have the ability, at his/her sole discretion, to lower or waive an administrative fee if the director deems it appropriate.
The following sections of the Washington Administrative Code are repealed:
WAC 352-44-050
Recreational conveyancesSafety inspections.
WAC 352-44-080
Recreational conveyancesSimulated load test.