EASTERN WASHINGTON UNIVERSITY

[Filed December 17, 2019, 4:15 p.m.]

Preproposal statement of inquiry was filed as WSR 19-19-017.

Title of Rule and Other Identifying Information: Revising chapter 172-118 WAC, Recreational equipment.

Hearing Location(s): On January 27, 2020, at 2:00 p.m., at Eastern Washington University, Main Campus, 526 5th Street, Room 215B/C, Tawanka Hall, Cheney, WA 99004.

Date of Intended Adoption: February 28, 2020.

Submit Written Comments to: Joseph Fuxa, Eastern Washington University, Main Campus, 526 5th Street, 211A Tawanka Hall, Cheney, WA 99004, email jfuxa@ewu.edu, fax 509-359-2874.

Assistance for Persons with Disabilities: Contact Joseph Fuxa, phone 509-359-7496, fax 509-359-2874, email jfuxa@ewu.edu, by January 27, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The revision to chapter 172-118 WAC is needed to address new types of recreational equipment on campus.

Reasons Supporting Proposal: Modifications are being made to add new types of recreational equipment on campus and restrictions on usage.

Statutory Authority for Adoption: RCW 28B.35.120(12).

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

Name of Proponent: Eastern Washington University, governmental.

Name of Agency Personnel Responsible for Drafting: Joseph Fuxa, 211A Tawanka Hall, 509-359-7496; Implementation and Enforcement: Dr. Mary Cullinan, 214 Showalter Hall, 509-359-6362.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 34.5.328 [34.05.328] (5)(a)(i), this agency is not an agency mandated to comply with RCW 34.05.328. Further, the agency does not voluntarily make that section applicable to the adoption of this rule pursuant to subsection (5)(a)(ii), and to date, the joint administrative rules review committee has not made the section applicable to the adoption of this rule.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(4).

Labor Relations Manager

AMENDATORY SECTION(Amending WSR 13-24-120, filed 12/4/13, effective 1/4/14)

WAC 172-118-020Definitions.

For the purposes of this chapter, recreational equipment includes, but is not limited to, skateboards, longboards, roller skates, inline skates, skate shoes, foot scooters, hoverboards/self-balancing scooters and similar equipment.

AMENDATORY SECTION(Amending WSR 13-24-120, filed 12/4/13, effective 1/4/14)

WAC 172-118-040Use of recreational equipment.

Recreational equipment may only be used on asphalt or concrete campus walkways and sidewalks, and only in a way that does not interfere with pedestrian traffic or other campus activities.

(1) Recreational equipment is prohibited on grass, benches, stairways, steps, sculpture, art work, hand rails, inside buildings, plazas, walls, barriers, brick walkways, and any other campus property other than paved walkways and sidewalks.

(2) The storage or possession of hoverboards/self-balancing scooters in residence halls, university apartments, academic buildings, administrative buildings, recreational facilities, and all other structures on property owned or controlled by EWU is prohibited.

(3) Speeds in excess of five miles per hour are prohibited.

(((3)))(4) Performing stunts or tricks is prohibited.

(((4)))(5) Any use of recreational equipment that may cause property damage and/or endanger the user or others is prohibited.

(((5)))(6) Recreational equipment users shall yield the right of way to pedestrians at all times.