WSR 97-01-063

PERMANENT RULES

DEPARTMENT OF

GENERAL ADMINISTRATION

[Filed December 13, 1996, 10:28 a.m., effective December 14, 1996]

Date of Adoption: December 13, 1996.

Purpose: The purpose of this rule is to provide guidance for the safe enjoyment of skating activities on the state capitol campus without interfering with pedestrian and vehicular traffic or state business and to prevent physical damage to campus buildings, architectural elements, and monuments.

Citation of Existing Rules Affected by this Order: Amending chapter 236-12 WAC, which is amended by the addition of three new rules.

Statutory Authority for Adoption: RCW 46.08.150.

Adopted under notice filed as WSR 96-21-115 on October 22, 1996.

Changes Other than Editing from Proposed to Adopted Version: In new section WAC 236-12-18004, the citation of WAC 236-12-015(7) defining capitol campus has been removed. Citation of WAC 236-12-18005, defining "skating" for the new rule has been added. This is a corrective and clarifying edit.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 3, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 3, amended 0, repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Under RCW 35.04.380, this rule is found to be necessary for the protection of public safety and welfare from imminent peril.

Finding: The immediate implementation of this rule is necessary to protect public health, safety, general welfare, and state assets from the imminent peril of injury and destruction due to unsafe skating activities.

In-line skating on the state capitol campus in the areas prohibited under the new rule, particularly parking garages, stairs, and ramps, is extremely hazardous to skaters as well as to pedestrian and vehicular traffic.

Skaters are jumping and skating backwards down the steps of the legislative building, and in the evenings, "hitching" rides by hanging onto the rear bumpers of moving vehicles on campus.

Pedestrians at the state library and other buildings popular with skaters (including the legislative, Cherberg, and O'Brien buildings) have complained of near collisions with skaters.

There has been one vehicle-skater collision in a parking garage in which the skater was seriously injured.

In-line skating on the state capitol campus in the areas prohibited under the new rule, particularly stairs, ramparts, monuments, and railings, is causing physical damage to these structures that is costly to repair, unsightly, and can render them, especially stair footings, unsafe for pedestrians.

Skaters are in the habit of waxing the edges of stone stair treads, ramps, and monuments to make them smooth and slippery. This creates an extremely unsafe situation for pedestrians using stairs. The wax discolors the stone and is very difficult to remove.

Skaters wax the marble edges and face of the Korean Veterans' War Memorial and skate down this monument. This is causing chipping in addition to the damage from the wax.

Waxed edges on steps, railing, and monuments all over campus are evidence of the continuing popularity of this destructive activity.

The state does not have any rules in effect regarding skating and is at high risk of being held liable for any accidents that may occur. The state must take immediate action to responsibly protect users of the campus as well as campus facilities from the imminent risk of injury.

Therefore, this rule will become effective immediately upon filing with the Office of the Code Reviser. In enforcing this new rule, the Washington State Patrol will make reasonable efforts to make the effective date known to persons who may be affected by it.

Effective Date of Rule: December 14, 1996.

December 13, 1996

John Franklin

Director

SKATING ON STATE CAPITOL GROUNDS

NEW SECTION

WAC 236-12-18003 Skating prohibited. Skating is only permitted on the state capitol grounds on streets and sidewalks as long as the skating activity does not interfere in any manner with efforts to conduct state business or pedestrian and vehicle traffic. Skating, as defined in WAC 236-12-18005, is specifically prohibited on stairs, curbs, walls, raised structural elevations, monuments, parking garages, ramps, railings and any structure or part thereof.

Skating activities taking place during the hours of darkness require the skater to wear reflective-type clothing.

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NEW SECTION

WAC 236-12-18005 Definitions. (1) "Skating" refers to rollerblades, in-line skates and rollerskates.

(2) "Rollerblades/in-line skates" are defined as skates having rollers or wheels that are in line, generally consisting of four wheels.

(3) "Rollerskates" are generally defined as skates having four wheels, dual wheels in front and dual wheels in the rear.

(4) "Hours of darkness" is defined as the hours between sunset and sunrise.

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NEW SECTION

WAC 236-12-18007 Violation--Penalty. Violation of WAC 236-12-18003 shall constitute a traffic infraction which is subject to the jurisdiction of Thurston County district court. Violations shall be ticketed by the Washington state patrol. The fine for violating WAC 236-12-18003 shall be twenty-five dollars.