PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 246-260-9901 Water recreation facilities fees and 246-262-990 Recreational water contact facilities fees.
Purpose: The proposed rules will enable the program to acquire additional revenue to maintain current service activities as well as provide a framework for local health jurisdictions to adjust corresponding local fees.
Other Identifying Information: The proposed amendments will increase annual operating permit and construction plan review fees by the 2003 fiscal growth factor for both the water recreation facilities and recreational water contact facilities programs.
Statutory Authority for Adoption: RCW 43.70.250 and 43.70.110.
Statute Being Implemented: RCW 43.70.250 and 43.70.110.
Summary: The water recreation program assists local health jurisdictions in assuring that water recreation facilities are safe for public use, thereby assuring public health protection.
Reasons Supporting Proposal: The proposed rules will enable the program to acquire additional revenue to maintain current service activities as well as provide a framework for local health jurisdictions to adjust corresponding local fees.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Gary Fraser, Tumwater, (360) 236-3073.
Name of Proponent: Department of Health, Environmental Health Programs, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The water recreation program assists local health jurisdictions in assuring that water recreation facilities are safe for public use, thereby assuring public health protection. The proposed rules will enable the program to acquire additional revenue to maintain current service activities as well as provide a framework for local health jurisdictions to adjust corresponding local fees. The proposed amendments will increase annual operating permit and construction plan review fees by the 2003 fiscal growth factor for both the water recreation facilities and recreational water contact facilities programs.
Proposal Changes the Following Existing Rules: The only proposed changes to these rules increase existing fees within the 2003 fiscal growth factor of 3.29% to acquire additional revenue to maintain current service activities as well as provide a framework for local health jurisdictions to adjust corresponding local fees.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), rules that set or adjust fees pursuant to legislative standards are exempt from the Regulatory Fairness Act.
RCW 34.05.328 does not apply to this rule adoption. Under RCW 34.05.328 (5)(b)(vi), rules that set or adjust fees pursuant to legislative standards are exempt from the requirements of RCW 34.05.328.
Hearing Location: Department of Health, Water Recreation Program, 7171 Cleanwater Lane, Building 2, Olympia, WA 98504-7824, on June 24, 2003, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Gary Fraser by June 17, 2003, TDD (800) 833-6388 or (360) 236-3073.
Submit Written Comments to: Gary Fraser, Environmental Health Programs, P.O. Box 47825, Olympia, WA 98504-7825, fax (360) 236-2250, by June 24, 2003.
Date of Intended Adoption: June 25, 2003.
May 13, 2003
Eric Stagle
Deputy Secretary
for Mary Selecky
Secretary
OTS-6336.2
AMENDATORY SECTION(Amending Order 122, filed 12/27/90,
effective 1/31/91)
WAC 246-262-990
Fees.
(1) The fee for plan review of a
new recreational water contact facility containing a single
attraction shall be two hundred six dollars plus the safety
engineer reviewer's cost as billed.
(2) The fee for plan review of a new recreational water
contact facility containing more than one attraction shall be
two hundred six dollars plus the cost of the safety engineer
reviewer's cost as billed plus ((seventy-five)) seventy-seven
dollars for each attraction.
(3) The fee for review of plans for alterations or modifications of an existing recreational water contact facility shall be the total of direct and indirect costs, not to exceed one-half of the fee for review of a new project.
(4) The annual fee for an operating permit for a
recreational water contact facility containing one attraction
shall be one hundred ((seventy-five)) eighty dollars.
(5) The annual fee for an operating permit for a
recreational water contact facility containing more than one
attraction shall be one hundred ((seventy-five)) eighty
dollars for the first attraction plus fifty-one dollars for
each additional attraction up to a maximum fee of three
hundred ((twenty-five)) thirty-five dollars.
(6) The department may charge an additional fee of fifty-one dollars plus associated laboratory costs for inspections beyond those provided under the annual operating permit when necessary due to violations of such items as:
(a) Noncompliance with water quality standards; and
(b) Failure to comply with operational requirements for health and safety.
[Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), § 246-262-990, filed 12/27/90, effective 1/31/91.]
OTS-6335.3
AMENDATORY SECTION(Amending WSR 01-14-047, filed 6/29/01,
effective 7/30/01)
WAC 246-260-9901
Fees.
(1) CONSTRUCTION PERMIT FEES. The
department establishes the fees listed in Table 990.1 for
construction permits for carrying out its duties under WAC 246-260-030.
TABLE 990.1
CONSTRUCTION PERMIT FEES
TYPE OF FACILITY | CONSTRUCTION PERMIT PLAN | ||
REVIEW FEES | |||
I. | Swimming Pools | ||
(a) 125,000 gallons or more in volume | $(( 568.00 |
||
(b) Greater than 75,000 gallons and less than 125,000 gallons | $(( 339.00 |
||
(c) Greater than 40,000 gallons and less than 75,000 gallons | $(( 223.00 |
||
(d) Less than 40,000 gallons | $(( 170.00 |
||
II. | Spa Pools | $(( 170.00 |
|
III. | Wading Pools | $(( 111.00 |
|
IV. | Spray Pools | $(( 84.00 |
|
V. | Alterations, renovations, or modifications to existing swimming,
spa, wading or spray pools, not to exceed two-thirds of new
construction permit fees, or $(( |
||
VI. | The fees for multiple pools at the same location will be based
upon the highest fee for one facility and two thirds of the fee
for each additional facility. For example: The fee for a
100,000 gallon swimming pool, a 60,000 gallon swimming pool,
and a spa pool will be: (( |
Single Swim Pool | Single Spa Pool | Single Wading Pool | Spray Pool or Pools | Each Additional Swim, Spa, or Wading Pool | |
Operating Permit 0-6 month | $(( 291.00 |
$(( 255.00 |
$(( 211.00 |
$(( 105.00 |
$(( 63.00 |
Operating Permit 6-12 months | $(( 477.00 |
$(( 424.00 |
$(( 371.00 |
$(( 159.00 |
$(( 84.00 |
(1) | The department may charge an additional fee of $(( |
(2) | The department may charge an alternate annual fee for an
operating permit based on direct and indirect costs
associated with issuance of the permit when arrangements
are made with local health jurisdictions to administer
all or portions of the duties associated with the
operating permit. Except, that the fee for this
operating permit cannot exceed the cost established by
the previous portions of this regulation, but the fee may
be less. |
(3) | During the first year of development of the operating
permit and for new pool facilities built hereafter, or
pools temporarily closed (significant period of several
months) and reopened, there are provisions for prorating
the costs for the operating permits. |
(4) | A reduction in fees, up to but not exceeding thirty
percent, may be granted by the department when a facility
operator can demonstrate a satisfactory level of training
in pool safety, water quality, maintenance and
operations. The department will develop criteria for
such fee reductions within six months of the adoption of
this regulation. |
(5) | For limited use facilities requiring operating permits
which are serving less than fifteen living units, the
operating permit shall be fifty percent of the fee. However, reinspection fees when necessary, will be
charged as noted in condition (1). |
(6) | Fees for multiple facilities at the same physical
location shall have a maximum FEE CAP as follows: Seasonal
(0-6 months) WRF's: $(( |
Year around (>6 months) WRF's $(( |
(1) | If more than one pool at a facility and one is a
year-round pool and another is a seasonal
pool--year-round pool is base cost, seasonal pool is
charged at additional fee charge. For example:
Year-round spa = $(( |
(2) | If a single swimming pool and a single spa pool is used
at the facility, the fee schedule will include fees as
noted. For a 0-6 month permit, the primary fee for the
single swimming would be $(( |
(3) | If there are 12 pools/spas at a single year-around pool
facility, the FEE CAP would apply and the maximum fee of
$(( |
[Statutory Authority: RCW 43.70.250, 70.90.150, and 43.20B.250. 01-14-047, § 246-260-9901, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 70.90.150 and 43.20B.020. 94-11-056, § 246-260-9901, filed 5/11/94, effective 6/11/94.]