H-0431.1  _______________________________________________

                          HOUSE BILL 1709

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Dunn, Morris, Carrell and Quall

Read first time 02/03/1999.  Referred to Committee on Health Care.

Requiring health studios to have lifeguards on duty when children are present.

    AN ACT Relating to water recreation facilities; and amending RCW 70.90.120 and 70.90.125.

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

    Sec. 1.  RCW 70.90.120 and 1987 c 222 s 5 are each amended to read as follows:

    (1) The board shall adopt rules under the administrative procedure act, chapter 34.05 RCW, governing safety, sanitation, and water quality for water recreation facilities.  The rules shall include but not be limited to requirements for design; operation; injury and illness reporting; biological and chemical contamination standards; water quality monitoring; inspection; permit application and issuance; and enforcement procedures.  However, a water recreation facility intended for the exclusive use of residents of any apartment house complex or of a group of rental housing units of less than fifteen living units, or of a mobile home park, or of a condominium complex or any group or association of less than fifteen home owners shall not be subject to preconstruction design review, routine inspection, or permit or fee requirements; and water treatment of hydroelectric reservoirs or natural streams, creeks, lakes, or irrigation canals shall not be required.

    (2) In adopting rules under subsection (1) of this section regarding the operation or design of a recreational water contact facility, the board shall review and consider any recommendations made by the recreational water contact facility advisory committee.

(3) A health studio, as that term is defined in RCW 19.142.010, that operates a water recreation facility is not required to have a lifeguard on duty unless there are children using the water recreation facility.

    Sec. 2.  RCW 70.90.125 and 1987 c 222 s 6 are each amended to read as follows:

    Nothing in this chapter shall prohibit any local board of health from establishing and enforcing any provisions governing safety, sanitation, and water quality for any water recreation facility, regardless of ownership or use, in addition to those rules established by the state board of health under this chapter.  However, no local board of health may establish a provision that requires a health studio, as that term is defined in RCW 19.142.010, to have a lifeguard on duty more often than is required under RCW 70.90.120.

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