SENATE BILL REPORT

SHB 259

BYHouse Committee on Health Care (originally sponsored by Representatives Braddock and Lux; by request of Department of Social and Health Services)

Modifying provisions governing water recreation.

House Committe on Health Care

Senate Committee on Human Services & Corrections

Senate Hearing Date(s):March 18, 1987; March 31, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Wojahn, Chairman; Stratton, Vice Chairman; Kiskaddon, Kreidler, Tanner.

Senate Staff:Scott Plack (786-7409)

                  April 2, 1987

AS REPORTED BY COMMITTEE ON HUMAN SERVICES & CORRECTIONS, MARCH 31, 1987

BACKGROUND:

The Department of Social and Health Services (DSHS) currently regulates the construction design and aspects of water quality and sanitation of swimming pools open to the public for a charge and measuring over 1,500 square feet, as well as semi-public pools in hotels and clubs.  The construction design of all public and semi-public swimming pools must be approved by the Secretary (DSHS) who possesses rule-making authority.  Violations of the law are punishable as misdemeanors with fines not exceeding $300.  In addition, the DSHS regulates the construction design, water quality, sanitation and safety aspects of water recreation facilities such as water slides and wave pools in water amusement parks.

Currently, neither the water quality, sanitation nor safety considerations of public spas, tubs and delineated natural swimming areas are covered under the law, nor are the safety considerations for swimming pools.  The law covering swimming pools in multi-residential units is unclear.

Swimming pools and spas are responsible for a growing number of injuries and illnesses and are ideal environments for the growth of microorganisms.

SUMMARY:

The regulation of water recreation facilities is expanded to include the water quality, sanitation and safety aspects of public spas and tubs and delineated natural swimming areas, as well as the safety aspects of swimming pools.  Exemptions are provided for water recreation facilities for residents and invited guests at single family residences, therapeutic water facilities as well as steam baths and saunas.  Water recreation facilities located in multi-residential complexes of less than 15 units are exempt from construction design reviews, routine inspections and permit or fee requirements, though they must conform to water quality, sanitation and safety standards.

Local governments also have authority to regulate water recreation facilities.  Such facilities are made subject to existing requirements for construction permits, operating permits, immunity from liability for government officers, and reporting of injuries and diseases for recreational water contact facilities.  Violations of the chapter are punishable as misdemeanors and the maximum fine is raised from $300 to $500.  Rule-making authority is transferred to the State Board of Health.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The striking amendment adds several provisions to the bill.  Retailers of spas and pools are required to furnish purchasers with instructions on the safe use of the pool or spa and on the proper treatment of the water.  Hydroelectric reservoirs, natural streams, creeks, lakes and irrigation canals are exempt from the water treatment requirements of the bill.  The grandparenting language for existing water recreation facilities is changed to clarify that only the water treatment, safety and sanitation aspects of these facilities will be regulated.

Fiscal Note:      available

Senate Committee - Testified: Bob Seeber, Lodging Association; Greg Hanon, City of Tacoma; Thelma Struck, DSHS; John Thayer, Washington State Environmental Health Directors; Benda McVitty, City of Fife