WSR 97-20-019

PERMANENT RULES

WASHINGTON STATE UNIVERSITY

[Filed September 19, 1997, 3:20 p.m., effective September 19, 1997]

Date of Adoption: September 5, 1997.

Purpose: To amend safety rules for spectator events.

Citation of Existing Rules Affected by this Order: Amending WAC 504-36-030.

Statutory Authority for Adoption: RCW 28B.30.125, [28B.30.]150(1).

Adopted under notice filed as WSR 97-16 on August 20, 1997 [WSR 97-16-072 on August 4, 1997].

Changes Other than Editing from Proposed to Adopted Version: This description is provided pursuant to RCW 34.05.340, and lists minor changes made to the amendments to WAC 504-36-030, relating to safety rules for public events at Washington State University, from the amendments as originally proposed and published. This proposed amended rule was originally published as WSR 97-10-086. The variances between the rule as published and as adopted do not render the adopted rule substantially different from the rule as proposed, address the same subjects as those set forth in the originally proposed rule, and have few if any different effects from those set forth in the originally proposed rule.

Following submission of the proposed rule, internal discussion among university officials arose over the precise scope of the several regulations on what should or should not be allowed into WSU event sites. Those discussions resulted in a variety of minor alterations to the rules, most with the intent of making its provisions clearer and more succinct. No written comments were received from the public during the public comment period, nor was any commentary presented at the public hearing held on these proposed amendments of June 12, 1997.

The variations, in order, are as follows:

1. The citation to WAC 504-20-010 at the end of subsection (2)(a) is no longer appropriate, as that rule has been repealed. It is accordingly deleted.

2. Several minor editing changes were made to subsection (3). The original rule's inclusion of plastic containers among the prohibited items was deleted. The exception for canteens and other such containers, located in the following sentence of the section, was rewritten to make it clearer, as was the proviso regarding soft-sided carrying cases for such containers. The next sentence, dealing with visual inspections, was also given a minor editorial rewrite. A section of the prior rule noting that approved vendors at event sites were not subject to this section's provisions, which was deleted under the original version of the rule, was reinstated.

3. In subsection (2)(d), the original rule's restrictive language limiting the rule's applicability to bags "used for carrying blankets or extra clothing into the event site" was deleted, to make the rule applicable to all bags brought to the event site regardless of purpose or character. This change subsumed material deleted from the previous section as originally published, and made the rule's overall applicability clearer.

4. In subsection [(2)](f), the prohibition against noisemaking devices was altered to read "(such as airhorns)" instead of "(such as airhorns or similar devices)."

5. Subsection (2)(i) to the original proposed rule (subsection [(2)](f) of the rule prior to these proposed amendments) was deleted from the adopted version of the rule. This is to prevent excessive "saving" of seats from causing disruptions among spectators.

6. New subsections (2)(i) and (j) were added to the rule as adopted. Subsection (i) prohibits videotaping of events held in event sites without university consent, and subsection (j) prohibits spectators from opening umbrellas in event sites. These additions are intended to protect the university's potentially valuable interest in reproduction or broadcast rights of such events, and to ensure spectators have an unimpaired view of the event.

7. In subsection (4), the rule as adopted contains further updating of titles of university officials designated with authority to interpret and enforce event safety rules. The titles contained in the rule as originally proposed included a number that was obsolete.

These changes do not substantially alter the scope or subject matter of the rule from its original proposed form. They address the same spectator safety and regulation issues as the original proposal. They impose few if any new restrictions beyond those originally proposed. WSU accordingly believes that these changes are permissible pursuant to RCW 34.05.340(3).

Given the approach of the university's new academic year and the start of many events, including most notably athletic contests, the rule has been adopted pursuant to RCW 34.05.380(3), to take effect immediately upon filing with the code reviser.

WHEREAS, the Board of Regents of Washington State University has power, pursuant to RCW 28B.30.095 and .150 to manage the affairs of the University; and

WHEREAS, the University has determined that certain amendments to Section 504-36-030 of the Washington Administrative Code, "Spectator Events - Safety Rules", are necessary to properly ensure the health and safety of persons attending athletic events at WSU,

RESOLVED, That the Board of Regents of WSU hereby adopt the attached amendment to section 504-36-030; and

RESOLVED FURTHER, that this Board finds that immediate adoption of this amendment is necessary to prevent imminent peril to public health, safety and general welfare, in that major athletic events are slated to occur within the thirty day period that would otherwise pass before the effective date of this amendment. Having this amendment in effect immediately will better allow the University to take steps to protect the safety of persons attending University athletic events. Accordingly, this Board resolves that this amendment shall become effective immediately upon its filing with the Code Reviser of the State of Washington, in accordance with RCW 34.05.380(3).

Dated this fifth day of September, 1997

Richard R. Albrecht

President of the Board of Regents

Samuel H. Smith

Secretary of the Board of Regents

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

September 16, 1997

Richard L. Hutchinson

Assistant to the Vice-President

Business Affairs

AMENDATORY SECTION (Amending Order 80-2, Resolution 6/80-15, filed 6/11/80)

WAC 504-36-030 Spectator events--Safety rules (1) Protection of the safety and general welfare of students, faculty and staff, performers and officials, and members of the general public attending or participating in spectator events on the campus is a primary concern of Washington State University.

(2) The following rules of conduct are applicable to all public events of Washington State University, including specifically, but not limited to, Martin Stadium and the Performing Arts Coliseum and to all public areas of the facility wherein the event is held (hereafter the "event site").

(a) Behavior which in the judgment of designated university officials constitutes a disruption of the event or safety hazard for other spectators or participants is prohibited (WAC 504-20-010).

(b) Possession and/or consumption of alcoholic beverages or illegal drugs is prohibited. Any such beverages materials found shall be removed by the possessor or delivered to the custody of designated university officials or their representatives upon request. In addition, violators of this rule may be subject to university disciplinary action (if applicable) and/or legal proceedings, and to removal from the event site.

(c) Possession of any glass or metal beverage containers, or any cooler, basket, knapsack, or other devices used for carrying such glass or metal beverage containers, is prohibited: Provided, That this rule shall not apply to personal canteens or thermos bottles one liter or less in size, containing beverages not in violation of this rule, or containers made for the purpose of carrying coffee, tea, hot chocolate, or similar hot drinks: And provided further, that this rule shall not apply to small soft-sided articles used to carry such permitted containers, as more fully described in subpart (d) of this rule below. All such items shall be subject to a visual inspection upon entry to the event site. That this rule shall not apply to approved vendors. Any such containers or devices prohibited by this rule shall be removed by the possessor or delivered to the custody of designated university officials or their representatives upon request. Designated officials may provide, but shall not be obligated to provide, a checking service for this purpose. Any checked items may be reclaimed by the owner within 30 minutes following the conclusion of the event. Any unclaimed items will be disposed of in accordance with state laws. This rule shall not apply to approved vendors.

(d) Knapsacks, duffel bags, backpacks, bags used to transport permitted beverage containers or other soft sided bags shall be small enough to fit completely under one seat, and shall be so kept at all times to maintain clear aisles, walkways and stairs. All such items are subject to a visual inspection upon entry into the event site. No hard sided bags, suitcases, coolers or other similar items shall be permitted into the event site.

(e) Aisles, walkways and stairs shall be kept clear of hazards and obstacles (including but not limited to those items discussed in subparts (c) and (d) of this rule) at all times, to ensure safe and easy passage for persons attending the event, university and security officials, and others at the event site.

(f) Possession of any fireworks, weapons, explosive devices or artificial noisemaking devices (such as airhorns) is prohibited in the event site. Any such items shall be surrendered to designated university officials upon request. In addition, possession of such items may subject violators of this rule to university disciplinary action (if applicable) and/or legal proceedings, and to removal from the event site.

(d) (g) Smoking is prohibited in areas designated as "no smoking."

(e) (h) An individual is entitled to occupy only the seat for which he or she has the proper ticket.

(f) In nonreserved seating sections, blocks of seats will be preempted or saved.

(i) Video taping equipment is not permitted into the event site without written permission from the WSU Athletic Department.

(j) Umbrellas may not be opened or raised in seating areas of any event site, in order to ensure that all persons attending the event have as clear and unobstructed a view of the event as possible. Personal sized umbrellas may be brought into the event site and stored as described in subparts (d) and (e) of this rule.

(3) Where there is reasonable cause to believe that persons are, or are attempting to, violate the requirements identified in WAC 504-36-030(2), such person or persons will be denied license or privilege to enter or remain in or upon the premises, and designated officials may take necessary action to deny entry or to remove such persons from the premises.

Failure to vacate the premises upon request of designated university officials may result in subsequent legal process under the laws of the state of Washington.

(4) For purposes of WAC 504-36-030 (1) and (2) designated officials include the president of the university, the executive vice president for business affairs, and the following officials:

(a) Director of athletics for athletic events;

(b) Director of the coliseum for coliseum events;

(c) Director of the Compton Union Building student activities for events in the Compton Union Building;

(d) Director of the School of Music and Theatre Arts Chairman, department of speech, for events sponsored by that School the department of speech;

(e) Chairman, department of music, for events sponsored by the department of music;

(f) The WSU Director of Public Safety Director of the WSR safety division and the chief of the WSU police department;

(gf) Officers of the WSU police department when (1) acting at the request of any of the above-named officials to enforce university regulations, or (2) enforcing state laws or local ordinances.

[Statutory Authority: RCW 28B.30.125 and 28B.30.150. 80-07-015 (Order 80-2, Resolution 6/80-15), 504-36-030, filed 6/11/80; Order 77-2, 504-36-030, filed 8/3/77.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.