WSR 14-20-044 PERMANENT RULES PARKS AND RECREATION COMMISSION [Filed September 24, 2014, 2:06 p.m., effective October 25, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: State parks staff reviewed WACs and 2014 SB 6035 relating to recreational conveyances. The WACs were updated to reflect current practices and to address 2014 legislative requirements. The changes affect four WACs: WAC 352-44-020 Recreational conveyances—Certification, changes to update and clarify the WAC; the repeal of WAC 352-44-050 Recreational conveyances—Safety inspections and 352-44-080 Recreational conveyances—Simulated load test, and including the development of a new WAC 352-44-130 Fees, inspection and plan review.
Citation of Existing Rules Affected by this Order: Repealing WAC 352-44-050 and 352-44-080; amending WAC 352-44-020; and new WAC 352-44-130.
Statutory Authority for Adoption: Chapter 79A.40 RCW.
Adopted under notice filed as WSR 14-15-089 on September 18, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 2.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: September 24, 2014.
Valeria Evans
Management Analyst
AMENDATORY SECTION (Amending Order 20, filed 7/31/74)
WAC 352-44-020 Recreational conveyances—Certification.
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.
NEW SECTION
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.
REPEALER
The following sections of the Washington Administrative Code are repealed:
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