WSR 16-05-049
[Filed February 11, 2016, 3:13 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-01-011.
Title of Rule and Other Identifying Information: WAC 352-32-010 Definitions and chapter 352-04 WAC, PolicyMeetings and delegation.
Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., Tumwater, WA 98501-5414, on March 31, 2016, at 9:00 a.m.
Date of Intended Adoption: March 31, 2016.
Submit Written Comments to: Washington State Parks and Recreation Commission, 1111 Israel Road S.W., Olympia, WA, e-mail, fax (360) 586-0355, by March 25, 2016.
Assistance for Persons with Disabilities: Contact Becki Ellison by March 8, 2016, (360) 902-8502.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This is clarifying language for WAC 352-32-010 Definitions. It adds the designation of "drones" under the definition of remote controlled aircraft.
Chapter 352-04 WAC is adding language allowing for brief adjudicative proceedings in regards to expulsion notices. A contention of an expulsion notice would be delegated by the director and no longer need to be heard in front of the commission. This allows for a more timely hearing for the public.
Statutory Authority for Adoption: Chapter 79A.05 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Clarifying language in WAC 352-32-010 aids ability to enforce rules and allow for use regarding remote controlled aircraft.
There is no fiscal impact.
Additions to chapter 352-04 WAC will make for a more expedited hearing process for individuals who may contest an eviction notice. Any fiscal impact would be in saved staff time in processing associated paperwork.
Name of Proponent: Washington state parks and recreation commission, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Diana Dupuis, 1111 Israel Road S.W., (360) 902-8847; and Enforcement: Robert Ingram, 1111 Israel Road S.W., (360) 902-8615.
No small business economic impact statement has been prepared under chapter 19.85 RCW.
February 11, 2016
Valeria Evans
Management Analyst
WAC 352-04-060 Brief adjudicative proceedings.
This rule is adopted in accordance with RCW 34.05.482 through 34.05.494, the provisions of which are hereby adopted. Brief adjudicative proceedings shall be used in all matters related to appeals of expulsion orders issued pursuant to WAC 352-32-200.
AMENDATORY SECTION (Amending WSR 08-24-006, filed 11/20/08, effective 12/21/08)
WAC 352-32-010 Definitions.
Whenever used in this chapter the following terms shall be defined as herein indicated:
"Aircraft" shall mean any machine designed to travel through the air, whether heavier or lighter than air; airplane, dirigible, balloon, helicopter, etc. The term aircraft shall not include paraglider or remote controlled aircraft.
"Aquatic facility" shall mean any structure or area within a state park designated by the director or designee for aquatic activities((,)) including, but not limited to, swimming pools, wading pools, swimming beaches, floats, docks, ramps, piers or underwater parks.
"Bivouac" shall mean to camp overnight on a vertical rock climbing route on a ledge or in a hammock sling.
"Campfires" shall mean any open flame from a wood source.
"Camping" shall mean erecting a tent or shelter or arranging bedding, or both, or parking a recreation vehicle or other vehicle for the purpose of remaining overnight.
"Camping party" shall mean an individual or a group of people (two or more persons not to exceed eight) that is organized, equipped and capable of sustaining its own camping activity in a single campsite. A "camping party" is a "camping unit" for purposes of RCW 79A.05.065.
"Commercial recreation provider" is any individual or organization that packages and sells a service that meets the definition of a commercial recreation use.
"Commercial recreation use" is a recreational activity in a state park that is packaged and sold as a service by an organization or individual, other than state parks or a state park concessionaire.
(("Commercial recreation provider" is any individual or organization that packages and sells a service that meets the definition of a commercial recreation use.))
"Commercial use (nonrecreation)" is any activity involving commercial or business purpose within a state park that may impact park facilities, park visitors or staff and is compatible with recreational use and stewardship, limited in duration and does not significantly block/alter access or negatively impact recreational users.
"Commission" shall mean the Washington state parks and recreation commission.
"Conference center" shall mean a state park facility designated as such by the director or designee that provides specialized services, day-use and overnight accommodations available by reservation for organized group activities.
"Day area parking space" shall mean any designated parking space within any state park area designated for daytime vehicle parking.
"Director" shall mean the director of the Washington state parks and recreation commission or the director's designee.
"Disrobe" shall mean to undress so as to appear nude.
"Emergency area" is an area in the park separate from the designated overnight camping area, which the park manager decides may be used for camping when no alternative camping facilities are available within reasonable driving distances.
"Environmental interpretation" shall mean the provision of services, materials, publications and/or facilities, including environmental learning centers (ELCs), for other than basic access to parks and individual camping, picnicking, and boating in parks, that enhance public understanding, appreciation and enjoyment of the state's natural and cultural heritage through agency directed or self-learning activities.
"Environmental learning centers (ELCs)" shall mean those specialized facilities, designated by the director or designee, designed to promote outdoor recreation experiences and environmental education in a range of state park settings.
"Extra vehicle" shall mean each additional unhitched vehicle in excess of the one recreational vehicle that will be parked in a designated campsite or parking area for overnight.
"Fire" shall mean any open flame from any source or device including, but not limited to, campfires, stoves, candles, torches, barbeques and charcoal.
"Fish" shall mean all marine and freshwater fish and shellfish species including all species of aquatic invertebrates.
"Foster family home" means an agency which regularly provides care on a twenty-four-hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed.
"Geocache" shall mean geocaches, letterboxes, and related activities. Geocaching is an outdoor treasure hunting game in which participants (called "geocachers") use a Global Positioning System receiver or other navigational techniques to hide and seek containers (called "geocaches" or "caches").
"Group" shall mean twenty or more people engaged together in an activity.
"Group camping areas" are designated areas usually primitive with minimal utilities and site amenities and are for the use of organized groups. Facilities and extent of development vary from park to park.
"Hiker/biker campsite" shall mean a campsite that is to be used solely by visitors arriving at the park on foot or bicycle.
"Intimidate" means to engage in conduct that would make a reasonable person fearful.
"Motorcycle" means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a farm tractor and a moped.
"Multiple campsite" shall mean a designated and posted camping facility encompassing two or more individual standard, utility or primitive campsites.
"Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to WAC 352-32-165 shall not constitute obstruction of pedestrian or vehicular traffic.
"Out-of-home care" means placement in a foster family home or with a person related to the child under the authority of chapters 13.32A, 13.34, or 74.13 RCW.
"Overflow area" shall mean an area in a park separate from designated overnight and emergency camping areas, designated by the park manager, for camping to accommodate peak camping demands in the geographic region.
"Overnight accommodations" shall mean any facility or site designated for overnight occupancy within a state park area.
"Paraglider" shall mean an unpowered ultralight vehicle capable of flight, consisting of a fabric, rectangular or elliptical canopy or wing connected to the pilot by suspension lines and straps, made entirely of nonrigid materials except for the pilot's harness and fasteners. The term "paraglider" shall not include hang gliders or parachutes.
"Person" shall mean all natural persons, firms, partnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves or by an agent, servant, or employee.
"Person related to the child" means those persons referred to in RCW 74.15.020 (2)(a)(i) through (vi).
"Personal watercraft" means a vessel of less than sixteen feet that uses a motor powering a water jet pump, as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.
"Popular destination park" shall mean any state park designated by the director or designee as a popular destination park because, it is typically occupied to capacity on Friday or Saturday night during the high use season.
"Primitive campsite" shall mean a campsite not provided with flush comfort station nearby and which may not have any of the amenities of a standard campsite.
"Public assembly" shall mean a meeting, rally, gathering, demonstration, vigil, picketing, speechmaking, march, parade, religious service, or other congregation of persons for the purpose of public expression of views of a political or religious nature for which there is a reasonable expectation that a minimum of twenty persons will attend based on information provided by the applicant. Public assemblies must be open to all members of the public, and are generally the subject of attendance solicitations circulated prior to the event, such as media advertising, flyers, brochures, word-of-mouth notification, or other form of prior encouragement to attend.
Alternatively, the agency director or designee may declare an event to be a public assembly in the following cases: Where evidentiary circumstances and supporting material suggest that more than one hundred persons will attend, even where the applicant does not indicate such an expectation; or where there is reason to expect a need for special preparations by the agency or the applicant, due to the nature or location of the event.
"Ranger" shall mean a duly appointed Washington state parks ranger who is vested with police powers under RCW 79A.05.160, and shall include the park manager in charge of any state park area.
"Recreation vehicle" shall mean a vehicle/trailer unit, van, pickup truck with camper, motor home, converted bus, or any similar type vehicle which contains sleeping and/or housekeeping accommodations.
"Remote controlled aircraft" shall mean nonpeopled model aircraft and other unmanned aircraft systems, including those commonly known as "drones" that are flown by using internal combustion, electric motors, elastic tubing, or gravity/wind for propulsion. The flight is controlled by a person on the ground using a hand held radio control transmitter.
"Residence" shall mean the long-term habitation of facilities at a given state park for purposes whose primary character is not recreational. "Residence" is characterized by one or both of the following patterns:
(1) Camping at a given park for more than thirty days within a forty-day time period April 1 through September 30; or forty days within a sixty-day time period October 1 through March 31. As provided in WAC 352-32-030(7), continuous occupancy of facilities by the same camping party shall be limited to ten consecutive nights April 1 through September 30. Provided that at the discretion of the park ranger the maximum stay may be extended to fourteen consecutive nights if the campground is not fully occupied. Campers may stay twenty consecutive nights October 1 through March 31 in one park, after which the camping unit must vacate the overnight park facilities for three consecutive nights. The time period shall begin on the date for which the first night's fee is paid.
(2) The designation of the park facility as a permanent or temporary address on official documents or applications submitted to public or private agencies or institutions.
"Seaweed" shall mean all species of marine algae and flowering sea grasses.
"Sno-park" shall mean any designated winter recreational parking area.
"Special groomed trail area" shall mean those sno-park areas designated by the director as requiring a special groomed trail permit.
"Special recreation event" shall mean a group recreation activity in a state park sponsored or organized by an individual or organization that requires reserving park areas, planning, facilities, staffing, or other services beyond the level normally provided at the state park to ensure public welfare and safety and facility and/or environmental protection.
"Standard campsite" shall mean a designated camping site which is served by nearby domestic water, sink waste, garbage disposal, and flush comfort station.
"State park area" shall mean any area under the ownership, management, or control of the commission, including trust lands which have been withdrawn from sale or lease by order of the commissioner of public lands and the management of which has been transferred to the commission, and specifically including all those areas defined in WAC 352-16-020. State park areas do not include the seashore conservation area as defined in RCW 79A.05.605 and as regulated under chapter 352-37 WAC.
"Trailer dump station" shall mean any state park sewage disposal facility designated for the disposal of sewage waste from any recreation vehicle, other than as may be provided in a utility campsite.
"Upland" shall mean all lands lying above mean high water.
"Utility campsite" shall mean a standard campsite with the addition of electricity and which may have domestic water and/or sewer.
"Vehicle" shall include every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway. For the purposes of this chapter, this definition excludes bicycles, wheelchairs, motorized foot scooters, electric personal assistive mobility devices (EPAMDs), snowmobiles and other nonlicensed vehicles.
"Vehicle parking permit" means the permit issued on a daily, multiple day or annual basis for parking a vehicle in any state park area designated for daytime vehicle parking, excluding designated sno-park parking areas.
"Vessel" shall mean any watercraft used or capable of being used as a means of transportation on the water.
"Walk-in campsite" shall mean a campsite that is accessed only by walking to the site and which may or may not have vehicle parking available near by.
"Watercraft launch" is any developed launch ramp designated for the purpose of placing or retrieving watercraft into or out of the water.
"Water trail advisory committee" shall mean the twelve-member committee constituted by RCW 79A.05.420.
"Water trail camping sites" shall mean those specially designated group camp areas identified with signs, that are near water ways, and that have varying facilities and extent of development.
"Wood debris" shall mean down and dead tree material.