BILL REQ. #:  S-5017.1 

Read first time 02/24/10.   Referred to Committee on Ways & Means.

     AN ACT Relating to regulation of water recreation facilities; amending RCW 70.90.140, 70.90.150, 70.90.160, 70.90.170, 70.90.190, 70.90.200, and 70.90.210; repealing RCW 70.90.125; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 70.90.140 and 1986 c 236 s 5 are each amended to read as follows:
     The ((secretary)) local health jurisdiction shall enforce the rules adopted under this chapter. The ((secretary)) local health jurisdiction may develop joint plans of responsibility with any other local health jurisdiction to administer this chapter.

Sec. 2   RCW 70.90.150 and 1986 c 236 s 6 are each amended to read as follows:
     (((1))) Local health officers may establish and collect fees sufficient to cover their costs incurred in carrying out their duties under this chapter and the rules adopted under this chapter.
     (((2) The department may establish and collect fees sufficient to cover its costs incurred in carrying out its duties under this chapter. The fees shall be deposited in the state general fund.
     (3) A person shall not be required to submit fees at both the state and local levels.))

Sec. 3   RCW 70.90.160 and 1987 c 222 s 7 are each amended to read as follows:
     A permit is required for any modification to or construction of any recreational water contact facility after June 11, 1986, and for any other water recreation facility after July 26, 1987. Water recreation facilities existing on July 26, 1987, which do not comply with the design and construction requirements established by the state board of health under this chapter may continue to operate without modification to or replacement of the existing physical plant, provided the water quality, sanitation, and life saving equipment are in compliance with the requirements established under this chapter. However, if any modifications are made to the physical plant of an existing water recreation facility the modifications shall comply with the requirements established under this chapter. The plans and specifications for the modification or construction shall be submitted to the applicable local authority ((or the department as applicable, but a person shall not be required to submit plans at both the state and local levels or apply for both a state and local permit)). The plans shall be reviewed and may be approved or rejected or modifications or conditions imposed consistent with this chapter as the public health or safety may require, and a permit shall be issued or denied within thirty days of submittal.

Sec. 4   RCW 70.90.170 and 1987 c 222 s 8 are each amended to read as follows:
     An operating permit from the ((department or)) local health officer((, as applicable,)) is required for each water recreation facility operated in this state. The permit shall be renewed annually. The permit shall be conspicuously displayed at the water recreation facility.

Sec. 5   RCW 70.90.190 and 1987 c 222 s 10 are each amended to read as follows:
     Any person operating a water recreation facility shall report to the local health officer ((or the department)) any serious injury, communicable disease, or death occurring at or caused by the water recreation facility.

Sec. 6   RCW 70.90.200 and 1986 c 236 s 11 are each amended to read as follows:
     County, city, or town legislative authorities ((and the secretary)), as applicable, may establish civil penalties for a violation of this chapter or the rules adopted under this chapter not to exceed five hundred dollars. Each day upon which a violation occurs constitutes a separate violation. A person violating this chapter may be enjoined from continuing the violation.

Sec. 7   RCW 70.90.210 and 1991 c 3 s 354 are each amended to read as follows:
     (((1) Any person aggrieved by an order of the department or by the imposition of a civil fine by the department has the right to an adjudicative proceeding. RCW 43.70.095 governs department notice of a civil fine and a person's right to an adjudicative proceeding.
     (2))) Any person aggrieved by an order of a local health officer or by the imposition of a civil fine by the officer has the right to appeal. The hearing is governed by the local health jurisdiction's administrative appeals process. Notice shall be provided by the local health jurisdiction consistent with its due process requirements.

NEW SECTION.  Sec. 8   RCW 70.90.125 (Regulation by local boards of health) and 1987 c 222 s 6 are each repealed.

NEW SECTION.  Sec. 9   This act takes effect July 1, 2010.