AN ACT Relating to youth camp safety; adding a new chapter to Title 70 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. It is the intent of this chapter to promote, protect, and safeguard the health and well-being of the youth of the state of Washington attending resident youth camps. The purpose of this chapter is to establish rules for the safe operation of such camps thereby providing assurance to parents and interested citizens that youth camps meet minimum safety standards.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Resident youth camp" means any parcel or parcels of land, including any tents, vehicles, buildings, or other structures, having general characteristics and features of a camp as the term is generally understood, used wholly or in part for recreational and educational purposes, and accommodating five or more children under eighteen years of age for a period of two or more consecutive twenty-four hour days for which provisions are made for overnight occupancy of children. The term shall not include those places or facilities that do not have the general characteristics of a resident youth camp.

(2) "Youth camp safety rules" means criteria directed toward the safe operation of resident youth camps in such areas as, but not limited to, personnel qualifications for a director and staff; ratio of staff to campers; safety, sanitation, and public health; personal health; first aid and medical services; food handling; general cleanliness; water supply and waste disposal; water safety, including use of lakes and rivers, swimming and boat equipment and practices; vehicle condition and operation; building and site design; equipment condition and use; and emergency evacuation procedures and fire safety.

(3) "Youth camp operator" means any agency, organization, or person who operates, controls, or supervises a resident youth camp, whether such camp is for-profit or not-for-profit.

(4) "Department" means the state department of health.

(5) "Secretary" means the secretary of the department of health.

(6) "Local health officer" means the city, county, or city/county department or district health officer or a representative authorized by the local health officer.

(7) "Board" means the state board of health.

(8) "Advisory committee" means the state youth camp safety advisory committee.

NEW SECTION. Sec. 3. No persons may establish, conduct, or maintain a resident youth camp without a license issued by the local health officer, or the department, as applicable. Applications for such license shall be made in writing to the local health officer, or the department, as applicable, no later than thirty days prior to the opening of the youth camp on forms provided, and in accordance with procedures established by the department. The annual licensing fee shall be one hundred dollars. This fee shall be paid to the local health officer, or the department, as applicable, that issues the license. Such fees shall be used to cover the expenses of administering this chapter. Additional fees may be charged by the local health officer, or the department, as applicable, for inspections or reinspections of camps with amenities or facilities such as swimming pools, hot tubs, and food service areas that require extensive or frequent inspections or reinspections. The board, in cooperation with the advisory committee may, when warranted, set new licensing and inspection fees.

NEW SECTION. Sec. 4. The local health officer, or the department, as applicable, shall inspect or cause to be inspected the facilities to be operated by an applicant for an original license before the license shall be granted and shall biennially inspect or cause to be inspected the facilities of all licensees, unless yearly inspection of certain facilities such as food handling, water recreation, water supply, or waste disposal is required by statute. Camps that are inspected every one to three years by a certified camping association that operates an inspection program shall only be inspected in those years in which inspection is required, but is not carried out by the certified camping association. To be exempt from inspection in a given year, youth camp operators shall, when applying for annual licensure, be required to provide proof that such inspection has been carried out within the last year by the certified camping association. Youth camp operators exempt from inspection are not exempt from paying the annual licensing fee. The board, in conjunction with the advisory committee, shall determine the organizations that are to be designated as "certified camping associations."

NEW SECTION. Sec. 5. The board, in cooperation with the youth camp safety advisory committee, shall adopt rules relating to the safe operation of youth camps in the state of Washington. In developing the rules, the board shall consider existing state and local regulations and standards developed by private organizations that are applicable to youth camp health and safety. The board shall adopt the rules within one year of the effective date of this act. These regulations shall include, but are not limited to:

(1) Liability insurance requirements;

(2) Personnel qualifications for director and staff;

(3) Ratio of staff to campers;

(4) Safety, sanitation, and public health;

(5) Personal health;

(6) First aid and medical services;

(7) Reporting of injuries and illnesses;

(8) Food handling;

(9) Water supply and waste disposal;

(10) Water safety, including use of lakes and rivers, swimming and boating equipment and practices;

(11) Building and site design;

(12) Fire safety; and

(13) Grievance process.

The rules shall be construed to be minimum standards.

NEW SECTION. Sec. 6. (1) A youth camp safety advisory committee is established and shall be appointed by the board which shall consist of the following members:

(a) A representative of the board of health;

(b) An operator or his or her representative of a for-profit resident youth camp;

(d) A representative of the state environmental health programs;

(e) A representative of a city, county, or city/county department or district health officer; and

(f) A member of the public who has no fiduciary or professional interest in youth camps.

(2) The advisory committee shall have the following powers and duties:

(a) Assist in reviewing and drafting proposed rules relating to the safe operation of youth camps in the state of Washington, which shall be transmitted to the board;

(b) Provide technical assistance regarding the implementation of such rules; and

(3) The advisory committee members shall serve for a term of two years. Three of the original five members of the committee, one youth camp operator, the representative of the board of health, and one representative of the state or county office of environmental health programs, shall remain on the committee for an additional year after appointment, at which time these members shall be replaced with new members. The advisory committee shall make recommendations to the board concerning new members. The board shall appoint all new members of the committee, based on the recommendations of the existing advisory committee.

NEW SECTION. Sec. 7. The secretary of the department or his or her representatives shall be responsible for the enforcement of youth camp safety rules in the state of Washington and may investigate charges of any violation of this chapter. The secretary may develop joint plans of responsibility with any local health jurisdiction to administer this chapter.

NEW SECTION. Sec. 8. 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.

NEW SECTION. Sec. 9. The department may deny, revoke, or suspend the license of a youth camp operator if it is determined there has been a failure or refusal to comply with this chapter or the rules adopted under it. A person has a right to an adjudicative proceeding to contest the department's decision.

NEW SECTION. Sec. 10. (1) Any person aggrieved by an order or action of the department has a right to an adjudicative proceeding.

(2) Any person aggrieved by an order or action of a local health officer may request a hearing which shall be held consistent with 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. 11. Sections 1 through 10 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.