WSR 25-09-105
PROPOSED RULES
BELLINGHAM TECHNICAL COLLEGE
[Filed April 21, 2025, 11:00 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 23-07-088.
Title of Rule and Other Identifying Information: Amending chapter 495B-116 WAC.
Hearing Location(s): On June 4, 2025, at 12:00 p.m., at Bellingham Technical College, College Services, Room 215, 3028 Lindbergh Avenue, Bellingham, WA 98225.
Date of Intended Adoption: June 18, 2025.
Submit Written Comments to: Ronda Laughlin, 3028 Lindbergh Avenue, Bellingham, WA 98225, email rlaughlin@btc.edu, fax 360-752-7134, by May 19, 2025.
Assistance for Persons with Disabilities: Contact Mary Gerard, phone 360-752-8576, fax 360-752-7376, email ar@btc.edu, by May 19, 2025.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update language to provide clarity for students, employees, and visitors.
Statutory Authority for Adoption: RCW 28B.50.140(13).
Statute Being Implemented: Chapter 28B.10 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Bellingham Technical College, governmental.
Name of Agency Personnel Responsible for Drafting: Ronda Laughlin and Chad Stiteler, CS 213 and CS 209, 360-752-8334; Implementation: Chad Stiteler and Dave Jungkuntz, CS 209 and CS K-1A, 360-752-8313; and Enforcement: Dave Jungkuntz, K-1A, 360-752-8355.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Required by RCW 28B.10.293.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Is exempt under RCW 19.85.025(4).
Explanation of exemptions: To clarify and update language for students, employees, and visitors in chapter 495B-276 WAC.
Scope of exemption for rule proposal:
Is fully exempt.
April 21, 2025
Ronda Laughlin
Executive Assistant to the President
RDS-6325.2
AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)
WAC 495B-116-010Purpose for adopting parking and traffic rules.
Under the authority granted in RCW 28B.50.140(10), the board of trustees of Bellingham Technical College ((is granted authority to adopt))has adopted rules for pedestrian and vehicular traffic upon public lands devoted to, operated by, owned by, or maintained by the college. The objectives of these rules are to:
(1) Protect and control pedestrian and vehicular traffic;
(2) Assure access at all times for emergency traffic;
(3) Minimize traffic disturbances during ((class))college operating hours;
(4) Facilitate the work of the college by assuring access to its vehicles and by assigning limited parking space for the most efficient use by all;
(5) Regulate the use of parking spaces;
(6) Protect state-owned property.
AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)
WAC 495B-116-020Applicable parking and traffic rules.
(((1))) All rules in this chapter and all motor vehicle and other traffic laws of the state of Washington and the traffic code of the city of Bellingham apply on ((the)) campus property.
(((2) The traffic code of the city of Bellingham applies upon all lands located within the city of Bellingham.))
AMENDATORY SECTION(Amending WSR 05-06-011, filed 2/18/05, effective 3/21/05)
WAC 495B-116-030Definitions.
The definitions set forth in this section apply throughout this chapter.
(1) "Bicycle" means every device propelled solely by human power, or an electric-assisted bicycle as defined in RCW 46.04.169, upon which a person or persons may ride, having two tandem wheels usually propelled by pedals connected to the rear wheel by a chain and having handlebars for steering. The term "bicycle" is intended to include other pedal-powered cycles.
(2) "Board" means the board of trustees of Bellingham Technical College.
(((2)))(3) "Business day" means a weekday, excluding weekends and college holidays.
(4) "Campus" means all ((lands and buildings devoted to, operated by, or maintained by Bellingham Technical College))buildings, structures, grounds, office space, or assets owned or controlled by the college, and the streets, sidewalks, parking lots, and roadways within the boundaries of the property owned or controlled by the college.
(((3)))(5) "Chief business officer" means the vice president of administrative services of Bellingham Technical College.
(6) "College" means Bellingham Technical College.
(((4) "Chief business officer" means the vice president of administrative services of Bellingham Technical College.
(5)))(7) "Employee" means ((an))any individual ((appointed to the faculty, staff, or administration of))employed by the college.
(((6)))(8) "Guests or visitors" mean persons who are not employed by the college or attending the college as students who come ((upon the campus as guests or persons who lawfully visit the))on campus property.
(((7) "Continuing permits" mean permits issued to full-time employees for an indefinite period of time.
(8)))(9) "Pedestrian" means any person who is afoot or who is using a wheelchair, a powered wheelchair, or a powered scooter for persons with disabilities.
(10) "Permit" means an authorization to park issued by the college and associated with a vehicle's license plate number.
(a) "Annual permits" mean permits that are valid from the date of issue until the first day of the following fall quarter.
(((9)))(b) "Temporary permits" mean permits that are valid for a specific period as designated on the permit.
(((10)))(11) "Vehicle" means an automobile, truck, motor-driven cycle, scooter, or any vehicle otherwise powered.
(((11) "Full-time student" means a person who is enrolled on campus for six hours per day or more at the college.
(12) "Part-time student" means a person who is enrolled on campus for less than six hours per day at the college.))
AMENDATORY SECTION(Amending WSR 05-06-011, filed 2/18/05, effective 3/21/05)
WAC 495B-116-040Authorization for issuance of permits.
(1) Parking permits may be issued to students, employees, and guests upon the following conditions:
(a) When the vehicle is properly registered with the college; and
(b) When a permanent or special parking permit is necessary to enhance the business or operation of the college.
(2) Only one vehicle registered to an individual under permit is permitted to park on campus at any one time.
AMENDATORY SECTION(Amending WSR 11-04-016, filed 1/21/11, effective 2/21/11)
WAC 495B-116-050Vehicle parking permits.
With the exception of visitors, as ((defined))outlined in WAC 495B-116-060, all persons parking in permit restricted areas on the campus shall secure and display a currently valid parking permit.
AMENDATORY SECTION(Amending WSR 05-06-011, filed 2/18/05, effective 3/21/05)
WAC 495B-116-080Display of permits.
((The))Any parking permit issued by the college must be visible within the vehicle for which the permit is issued. ((Motorcycle))Permits on motorcycles must be affixed in a conspicuous place.
AMENDATORY SECTION(Amending WSR 05-06-011, filed 2/18/05, effective 3/21/05)
WAC 495B-116-090Transfer of permits.
Parking permits are assigned to specifically registered vehicles. If a vehicle is sold or traded, the new vehicle must be registered with the college prior to parking on campus while utilizing a permit. A new vehicle can be registered with the college at no additional cost to the permit holder.
AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)
WAC 495B-116-100Permit revocation.
Permits are ((licenses and are the)) property of the college, and may be revoked for any ((of))reason, including the following ((reasons)):
(1) When the purpose for which the permit was issued changes or no longer exists;
(2) When a permit is used on an unregistered vehicle or by an unauthorized person;
(3) Falsification on a vehicle registration application;
(4) Continued violations of parking and traffic rules; or
(5) Counterfeiting or altering of permits.
AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)
WAC 495B-116-110Right to refuse permit.
The college's chief business officer or a designee reserves the right to refuse the issuance of a parking permit to anyone who has had a previous permit revoked, or whose driving or parking record indicates a disregard for the rights or safety of others.
AMENDATORY SECTION(Amending WSR 05-06-011, filed 2/18/05, effective 3/21/05)
WAC 495B-116-120Appeal of permit revocation or refusal.
When a parking permit has been revoked under WAC 495B-116-100 or has been refused in accordance with WAC 495B-116-110, or when a fine or penalty has been levied against a violator of this chapter, that action by the chief business ((office))officer or a designee may be appealed in accordance with WAC 495B-116-180.
AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)
WAC 495B-116-130Delegation of authority.
The authority and powers conferred upon the chief business officer by this chapter are subject to delegation to that individual's subordinates or other qualified personnel.
AMENDATORY SECTION(Amending WSR 05-06-011, filed 2/18/05, effective 3/21/05)
WAC 495B-116-150Violation of parking and traffic rules.
(1) Operators of illegally operated or parked vehicles shall be warned or cited through an appropriate means that they are in violation of this chapter. All fines are payable at the cashier's office.
(2) A vehicle may be impounded if, in the judgment of the chief business officer or ((college))a designee, such impoundment is warranted due to the fact that violations have been repeated as evidenced by appropriate documentation.
AMENDATORY SECTION(Amending WSR 05-06-011, filed 2/18/05, effective 3/21/05)
WAC 495B-116-160Issuance of traffic tickets ((or summons)).
(1) The ((college designee or)) chief business officer or a designee may issue a warning or citation for a violation of these regulations. The warning or citation must set forth the date, the approximate time, permit number, license information, and the nature of violation.
(2) The warning or citation may be served by attaching or affixing a copy in some prominent place outside the vehicle or by personally serving the operator.
AMENDATORY SECTION(Amending WSR 05-06-011, filed 2/18/05, effective 3/21/05)
WAC 495B-116-170Fines and penalties.
((The college designee or chief business officer may impose the following fines and penalties for violation of this chapter:))
(1) The college shall establish a schedule of fines. The college shall publish the schedule ((in))on the BTC parking page of the college's ((Policy and Procedures manual))website and on the traffic parking citation form.
(2) ((Fines will be assessed))The chief business officer or a designee may impose fines and penalties in accordance with ((the schedule))this chapter for the following violations:
(a) ((No))Parking in designated permit only or carpool space without a valid permit or appropriate authorization clearly displayed;
(b) ((Visitor parking violations;
(c))) Occupying more than one parking space((;
(d)))or occupying a space or area not designated for parking;
(((e) Handicapped parking violation;
(f) Parking in an area not authorized by a permit;
(g) Parking in reserved staff space without authorization;
(h) Blocking or obstructing traffic (may be towed if creating a safety hazard);
(i) Parking adjacent to a fire hydrant (may be towed if creating a safety hazard);
(j) Parking in a fire lane (may be towed if creating a safety hazard);
(k) Parking in a zone or area marked no parking;))
(c) Blocking or obstructing traffic, including parking in such a manner that blocks a street or driveway that impedes ingress or egress (vehicle subject to immediate tow and impound);
(d) Parking adjacent to a fire hydrant or in a fire lane (vehicle subject to immediate tow and impound);
(e) Parking in a zone or area designated as no parking, or parking in any other area not designated as a parking area;
(f) Parking in a designated accessible parking space without displaying a state-issued disabled parking placard, plate, or tab;
(g) Parking on any landscaped, improved, or unpaved area;
(h) Parking overtime in a posted time limit zone;
(i) Parking in a designated visitor parking area for longer than the posted time limit without displaying a proper extended visitor permit;
(j) Parking in designated visitor parking while being a student or employee of the college;
(k) Parking in a reserved employee parking area without authorization;
(l) Other violations of college parking traffic rules.
(3) At the discretion of the chief business officer or a designee, an accumulation of citations by ((a staff, administrator, or faculty member))an employee or student may be turned over to a private collection agency for the collection of past due fines. Other appropriate collection procedures may be initiated as deemed necessary.
(4) ((If a person fails or refuses to pay an uncontested fine that has been outstanding in excess of five days, the chief business officer or a designee may initiate the following actions:
(a) The person, if a student may not be able to obtain a transcript of credits until all fines are paid;
(b) The person, if a student may not receive a degree or certificate until all fines are paid;
(c) The person will not be able to register as a student for subsequent quarters until all fines are paid.
(5))) Vehicles parking in a manner so as to obstruct traffic, including access to and from parking spaces and areas, may be subject to a fine and may be impounded if so designated by the chief business officer or ((college))a designee and taken to a place for storage selected by the college ((designee)). The expenses of the impounding and storage are the responsibility of the registered owner or ((driver))operator of the vehicle.
(((6)))(5) Vehicles impounded by means of an immobilizing device shall be charged a service fee according to the current fee schedule.
(((7)))(6) The college is not liable for loss or damage of any kind resulting from impounding and storage of vehicles.
(((8)))(7) Persons may appeal the issuance of a citation according to WAC 495B-116-180.
AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)
WAC 495B-116-180Appeal of citations and penalties.
Any person who wishes to appeal a citation must complete a dispute form or provide a written appeal to the office of the chief business officer. Dispute forms are available in the lobbies of the College Services Building and Building A.
(1) ((Appeals must be made in writing, giving full particulars, including a list of witnesses and evidence expected to be presented, etc.
(2) Appeals must be submitted to the chief business officer within five days from the date of citation (or the right to appeal is waived).
(3)))Payment of a parking fine will not constitute a waiver of the right to an appeal with regard to the underlying violation. The right to appeal is forfeited five business days from the date of the citation's issuance.
(2) The appeal must be in writing and provide a complete explanation of the basis for the appeal and may include a list of witnesses and evidence expected to be presented. The only valid basis for an appeal is a contention that the cited regulations were not violated.
(3) The parking advisory committee will review the appeal and issue a decision to the alleged violator within 14 business days. The parking advisory committee may deny the appeal or grant the appeal in whole or in part by dismissing or reducing the citation.
(4) If an appeal is not resolved to the satisfaction of the alleged violator, ((he or she has))they have five additional business days from the receipt of the decision of the ((chief business officer))parking advisory committee to appeal to the ((parking advisory committee))chief business officer or a designee. Failure to file a timely appeal constitutes a waiver of the right to appeal and the committee's decision shall be deemed final.
(5) An appeal to the chief business officer or a designee must be in writing and identify the specific findings of the committee's decision that are challenged and must contain an argument as to why the appeal should be granted.
(6) If necessary to aid review the chief business officer or a designee may ask for additional briefing from the parties on issues raised on appeal. Their review shall normally be limited to a review of those issues and arguments raised in the appeal.
(7) The chief business officer or a designee shall provide a written decision to all parties within 20 calendar days after receipt of the appeal. Their decision shall be final and subject to judicial review pursuant to chapter 34.05 RCW.
(8) The chief business officer shall not engage in any "ex parte" communication with any of the parties regarding an appeal.
AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)
WAC 495B-116-190Parking advisory committee.
(1) The parking advisory committee shall consist of two student representatives, one faculty representative, one classified representative, one administrator, and the chief business officer or a designee as a nonvoting member.
(2) The committee is responsible for the following:
(a) Annually reviewing and recommending necessary changes to the college parking and traffic rules;
(b) Receiving and hearing appeals related to parking and traffic violations. ((All decisions made by the parking advisory committee relative to parking or traffic appeals are final.))
AMENDATORY SECTION(Amending WSR 05-06-011, filed 2/18/05, effective 3/21/05)
WAC 495B-116-210Designation of parking.
The parking spaces available on campus may be allocated and designated by the chief business officer or ((college))a designee in such a manner as will best achieve the objectives of this chapter.
(1) ((Special provisions shall be made for physically disabled employees, visitors, students, or their designees. Physically disabled individuals using handicapped parking spaces must display in that vehicle a valid state-issued disabled parking permit or license plate.))Any person attending, visiting, or working at BTC who qualifies for a state-issued disabled parking privilege and has the required placard, plate, or tab displayed may park in any designated accessible parking space on BTC's campus.
(2) Spaces specifically designated as "visitor" are to be used only by visitors driving vehicles without continuing or annual permits. Visitors are to sign at the information desk or other designated ((location and))locations, are to park in visitor parking spaces, and must abide by any posted parking time limitations. Employees and students are not visitors.
(3) The chief business officer or ((college))a designee may designate parking spaces for special purposes as deemed necessary.
(4) Spaces specifically designated as carpool are to be used by those individuals having obtained a valid carpool permit.
AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)
WAC 495B-116-230Regulatory signs, markings, barricades, etc.
The chief business officer or a designee may make and erect signs, barricades, and other structures and paint marks and other directions upon the streets, entrances, exits, and roadways for the regulation of traffic and parking upon the various public lands devoted to, operated by, owned by, or maintained by the college. Drivers ((or))of vehicles shall observe and obey all the signs, barricades, structures, markings, and directions for the control and regulation of traffic and parking.
AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)
WAC 495B-116-240Speed limit.
No vehicle may be operated on the campus at a speed in excess of ((ten))10 miles per hour, or in excess of posted speed limits, or such slower speed as is reasonable and prudent under the circumstances.
AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)
WAC 495B-116-260Two-wheeled motorcycles or bicycles.
(1) All nonpermitted two-wheeled vehicles powered by an engine shall park in areas designated for motorcycles only and will not use spaces assigned to automobiles or bicycles. Operators of two-wheeled vehicles powered by an engine who have a valid parking permit may park in spaces assigned to automobiles within the appropriate parking area for their permit. The permit must be affixed in a conspicuous place.
(2) Bicycles and other nonengine powered cycles must be parked in bicycle racks where provided. No person may park a bicycle inside a building, by a doorway, on a path, sidewalk, or walkway, or in such a manner as to block or obstruct the normal flow of pedestrian traffic. Bicycles and other nonengine powered cycles parked in violation of this section may be impounded at the owner's risk and expense.
AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93, effective 3/13/93)
WAC 495B-116-270Report of accidents.
(1) The operator of a vehicle involved in an accident on campus resulting in injury or death of a person or claimed damage to either or both vehicles exceeding ((five hundred dollars))$1,000 shall immediately report the accident to the college information desk. Accidents occurring after the close of business must be reported the next ((working))business day. Within ((twenty-four hours after))four days of the accident, the operators shall file a state of Washington motor vehicle report.
(2) Other minor accidents ((may))should be reported to the college information desk for insurance record purposes.