reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.060 - Capacity—Supervision—Licensing—Application of state and local rules.

RCW 70.97.060
Capacity—Supervision—Licensing—Application of state and local rules.
(1)(a) The department shall not license an enhanced services facility that serves any residents under sixty-five years of age for a capacity to exceed sixteen residents.
(b) The department may contract for services for the operation of enhanced services facilities only to the extent that funds are specifically provided for that purpose.
(2) The facility shall provide an appropriate level of supervision for the characteristics, behaviors, and legal status of the residents.
(3) An enhanced services facility may hold only one license but, to the extent permitted under state and federal law and medicaid requirements, a facility may be located in the same building as another licensed facility, provided that:
(a) The enhanced services facility is in a location that is totally separate and discrete from the other licensed facility; and
(b) The two facilities maintain separate staffing, unless an exception to this is permitted by the department in rule.
(4) Nursing homes under chapter 18.51 RCW, assisted living facilities under chapter 18.20 RCW, or adult family homes under chapter 70.128 RCW, that become licensed as facilities under this chapter shall be deemed to meet the applicable state and local rules, regulations, permits, and code requirements. All other facilities are required to meet all applicable state and local rules, regulations, permits, and code requirements.
[ 2020 c 278 § 5; 2012 c 10 § 51; 2005 c 504 § 408.]
NOTES:
Application—2012 c 10: See note following RCW 18.20.010.
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.070 - Comprehensive assessments—Individualized behavior support plan.

RCW 70.97.070
Comprehensive assessments—Individualized behavior support plan.
(1) The enhanced services facility shall complete a comprehensive assessment for each resident within fourteen days of admission, and the assessments shall be repeated upon a significant change in the resident's condition or, at a minimum, every one hundred eighty days if there is no significant change in condition.
(2) The enhanced services facility shall develop an individualized behavior support plan for each resident based on the comprehensive assessment and any other information in the person's record. The plan shall be updated as necessary, and shall include a plan for appropriate transfer or discharge and reintegration into the community. Where the person is under the supervision of the department of corrections, the facility shall collaborate with the department of corrections to maximize treatment outcomes and reduce the likelihood of reoffense.
(3) The plan shall maximize the opportunities for independence, recovery, employment, the resident's participation in service planning decisions, and collaboration with peer-supported services, and provide for care and services in the least restrictive manner appropriate to the individual resident, and, where relevant, to any court orders with which the resident must comply.
[ 2020 c 278 § 6; 2005 c 504 § 409.]
NOTES:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.080 - Staffing levels—Staff credentials and training—Background checks.

RCW 70.97.080
Staffing levels—Staff credentials and training—Background checks.
(1) An enhanced services facility must have sufficient numbers of staff with the appropriate credentials and training to provide residents with the following appropriate care and disorder support:
(a) Behavioral health support;
(b) Medication services;
(c) Assistance with the activities of daily living;
(d) Skilled nursing and support to acquire medical and behavioral health disorder services from local community providers;
(e) Dietary services; and
(f) Supervision.
(2) Where an enhanced services facility specializes in medically fragile persons with behavioral health conditions, the on-site staff must include at least one licensed nurse twenty-four hours per day. The nurse must be a registered nurse for at least sixteen hours per day. If the nurse is not a registered nurse, a registered nurse or a doctor must be on call during the remaining eight hours.
(3) Any employee or other individual who will have unsupervised access to vulnerable adults must successfully pass a background inquiry check.
[ 2020 c 278 § 7; 2005 c 504 § 410.]
NOTES:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.090 - Facilities exempted.

RCW 70.97.090
Facilities exempted.
This chapter does not apply to the following residential facilities:
(1) Nursing homes licensed under chapter 18.51 RCW;
(2) Assisted living facilities licensed under chapter 18.20 RCW;
(3) Adult family homes licensed under chapter 70.128 RCW;
(4) Facilities approved and certified under chapter 71A.22 RCW;
(5) Residential treatment facilities licensed under chapter 71.12 RCW; and
(6) Hospitals licensed under chapter 70.41 RCW.
[ 2012 c 10 § 52; 2005 c 504 § 411.]
NOTES:
Application—2012 c 10: See note following RCW 18.20.010.
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.100 - Licensing requirements—Information available to public, residents, families.

RCW 70.97.100
Licensing requirements—Information available to public, residents, families.
(1) The department shall establish licensing rules for enhanced services facilities to serve the populations defined in this chapter.
(2) No person or public or private agency may operate or maintain an enhanced services facility without a license, which must be renewed annually.
(3) A licensee shall have the following readily accessible and available for review by the department, residents, families of residents, and the public:
(a) Its license to operate and a copy of the department's most recent inspection report and any recent complaint investigation reports issued by the department;
(b) Its written policies and procedures for all care and services provided directly or indirectly by the facility; and
(c) The department's toll-free complaint number, which shall also be posted in a clearly visible place and manner.
(4) Enhanced services facilities shall maintain a grievance procedure that meets the requirements of rules established by the department.
(5) No facility shall discriminate or retaliate in any manner against a resident or employee because the resident, employee, or any other person made a complaint or provided information to the department, the long-term care ombuds, Washington protection and advocacy system, or a behavioral health ombuds.
(6) Each enhanced services facility will post in a prominent place in a common area a notice by the Washington protection and advocacy system providing contact information.
[ 2020 c 278 § 8; 2013 c 23 § 180; 2005 c 504 § 412.]
NOTES:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.120 - Enforcement orders—Hearings.

RCW 70.97.120
Enforcement orders—Hearings.
(1) All orders of the department denying, suspending, or revoking the license or assessing a monetary penalty shall become final twenty days after the same has been served upon the applicant or licensee unless a hearing is requested.
(2) All orders of the department imposing stop placement, temporary management, emergency closure, emergency transfer, or summary license suspension shall be effective immediately upon notice, pending any hearing.
(3) Subject to the requirements of subsection (2) of this section, all hearings under this chapter and judicial review of such determinations shall be in accordance with the administrative procedure act, chapter 34.05 RCW.
[ 2005 c 504 § 414.]
NOTES:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.130 - Unlicensed operation—Application of consumer protection act.

RCW 70.97.130
Unlicensed operation—Application of consumer protection act.
Operation of a facility without a license in violation of this chapter and discrimination against medicaid recipients is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Operation of an enhanced services facility without a license in violation of this chapter is not reasonable in relation to the development and preservation of business. Such a violation is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 2005 c 504 § 415.]
NOTES:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.140 - Unlicensed operation—Criminal penalty.

RCW 70.97.140
Unlicensed operation—Criminal penalty.
A person operating or maintaining a facility without a license under this chapter is guilty of a misdemeanor and each day of a continuing violation after conviction shall be considered a separate offense.
[ 2005 c 504 § 416.]
NOTES:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.150 - Unlicensed operation—Injunction or other remedies.

RCW 70.97.150
Unlicensed operation—Injunction or other remedies.
Notwithstanding the existence or use of any other remedy, the department may, in the manner provided by law, maintain an action in the name of the state for an injunction, civil penalty, or other process against a person to restrain or prevent the operation or maintenance of a facility without a license issued under this chapter.
[ 2005 c 504 § 417.]
NOTES:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.170 - Persons eligible for admittance.

RCW 70.97.170
Persons eligible for admittance.
The facility shall only admit individuals:
(1) Who are over the age of eighteen;
(2) Who meet the resident eligibility requirements described in RCW 70.97.030; and
(3) Whose needs the facility can safely and appropriately meet through qualified and trained staff, services, equipment, security, and building design.
[ 2005 c 504 § 419.]
NOTES:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.180 - Services of qualified professional.

RCW 70.97.180
Services of qualified professional.
If the facility does not employ a qualified professional able to furnish needed services, the facility must have a written contract with a qualified professional or agency outside the facility to furnish the needed services.
[ 2005 c 504 § 420.]
NOTES:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.190 - Notice of change of ownership or management.

RCW 70.97.190
Notice of change of ownership or management.
At least sixty days before the effective date of any change of ownership, or change of management of a facility, the current operating entity must provide written notification about the proposed change separately and in writing, to the department, each resident of the facility, or the resident's guardian or representative.
[ 2005 c 504 § 421.]
NOTES:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.195 - Communication system—Telephones and other equipment.

RCW 70.97.195
Communication system—Telephones and other equipment.
(1) Each enhanced services facility must be responsive to incoming communications and respond within a reasonable time to phone and electronic messages.
(2) Each enhanced services facility must have a communication system, including a sufficient quantity of working telephones and other communication equipment to assure that residents have 24-hour access to communications with family, medical providers, and others, and also to allow for emergency contact to and from facility staff. The telephones and communication equipment must provide for auditory privacy, not be located in a staff office or station, be accessible and usable by persons with hearing loss and other disabilities, and not require payment for local calls. An enhanced services facility is not required to provide telephones at no cost in each resident room.
[ 2021 c 159 § 15.]
NOTES:
Findings—2021 c 159: See note following RCW 18.20.520.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.200 - Recordkeeping—Compliance with state, federal regulations—Health care information releases.

RCW 70.97.200
Recordkeeping—Compliance with state, federal regulations—Health care information releases.
The facility shall:
(1) Maintain adequate resident records to enable the provision of necessary behavior support, care, and services and to respond appropriately in emergency situations;
(2) Comply with all state and federal requirements related to documentation, confidentiality, and information sharing, including chapters 10.77, 70.02, 70.24, and 71.05 RCW; and
(3) Where possible, obtain signed releases of information designating the department, the facility, and the department of corrections where the person is under its supervision, as recipients of health care information.
[ 2020 c 278 § 10; 2005 c 504 § 422.]
NOTES:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.210 - Standards for fire protection.

RCW 70.97.210
Standards for fire protection.
(1) Standards for fire protection and the enforcement thereof, with respect to all facilities licensed under this chapter, are the responsibility of the chief of the Washington state patrol, through the director of fire protection, who must adopt recognized standards as applicable to facilities for the protection of life against the cause and spread of fire and fire hazards. If the facility to be licensed meets with the approval of the chief of the Washington state patrol, through the director of fire protection, the director of fire protection must submit to the department a written report approving the facility with respect to fire protection before a full license can be issued. The chief of the Washington state patrol, through the director of fire protection, shall conduct an unannounced full inspection of facilities at least once every eighteen months. The statewide average interval between full facility inspections must be fifteen months.
(2) Inspections of facilities by local authorities must be consistent with the requirements adopted by the chief of the Washington state patrol, through the director of fire protection. Findings of a serious nature must be coordinated with the department and the chief of the Washington state patrol, through the director of fire protection, for determination of appropriate actions to ensure a safe environment for residents. The chief of the Washington state patrol, through the director of fire protection, has exclusive authority to determine appropriate corrective action under this section.
[ 2005 c 504 § 423.]
NOTES:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.220 - Exemption from liability.

RCW 70.97.220
Exemption from liability.
No facility providing care and behavior support for individuals placed in a facility, or agency licensing or placing residents in a facility, acting in the course of its duties, shall be civilly or criminally liable for performing its duties under this chapter, provided that such duties were performed in good faith and without gross negligence.
[ 2020 c 278 § 11; 2005 c 504 § 424.]
NOTES:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.230 - Rules for implementation of chapter.

RCW 70.97.230
Rules for implementation of chapter.
(1) The secretary shall adopt rules to implement this chapter.
(2) Such rules shall at the minimum: (a) Promote safe treatment and necessary care of individuals residing in the facility and provide for safe and clean conditions; (b) establish licensee qualifications, licensing and enforcement, and license fees sufficient to cover the cost of licensing and enforcement.
[ 2005 c 504 § 425.]
NOTES:
Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note following RCW 71.05.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.235 - Stop placement orders and limited stop placement orders.

RCW 70.97.235
Stop placement orders and limited stop placement orders.
The department shall require an enhanced services facility that is subject to a stop placement order or limited stop placement order under RCW 70.97.110 to publicly post in a conspicuous place at the facility a standardized notice that the department has issued a stop placement order or limited stop placement order for the facility. The standardized notice shall be developed by the department to include the date of the stop placement order or limited stop placement order, any conditions placed upon the facility's license, contact information for the department, contact information for the administrator or provider of the facility, and a statement that anyone may contact the department or the administrator or provider for further information. The notice must remain posted until the department has terminated the stop placement order or limited stop placement order.
[ 2021 c 159 § 13.]
NOTES:
Findings—2021 c 159: See note following RCW 18.20.520.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.240 - Disaster preparedness plan.

RCW 70.97.240
Disaster preparedness plan.
(1) Each enhanced services facility shall develop and maintain a comprehensive disaster preparedness plan to be followed in the event of a disaster or emergency, including fires, earthquakes, floods, infectious disease outbreaks, loss of power or water, and other events that may require sheltering in place, evacuations, or other emergency measures to protect the health and safety of residents. The enhanced services facility must review the comprehensive disaster preparedness plan annually, update the plan as needed, and train all employees when they begin work in the enhanced services facility on the comprehensive disaster preparedness plan and related staff procedures.
(2) The department shall adopt rules governing the comprehensive disaster preparedness plan. At a minimum, the rules must address: Timely communication with the residents' emergency contacts; timely communication with state and local agencies, long-term care ombuds, and developmental disabilities ombuds; contacting and requesting emergency assistance; on-duty employees' responsibilities; meeting residents' essential needs; procedures to identify and locate residents; and procedures to provide emergency information to provide for the health and safety of residents. In addition, the rules shall establish standards for maintaining personal protective equipment and infection control capabilities, as well as department inspection procedures with respect to the plans.
[ 2021 c 159 § 16.]
NOTES:
Findings—2021 c 159: See note following RCW 18.20.520.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.800 - Request for proposal.

RCW 70.97.800
Request for proposal.
To the extent that funds are specifically appropriated for this purpose, the department must issue a request for a proposal for enhanced services facility services by June 1, 2014, and complete the procurement process by January 1, 2015.
[ 2013 c 338 § 3.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.100 - Eye Protection—Public and Private Educational Institutions. › 70.100.010 - "Eye protection areas" defined.

RCW 70.100.010
"Eye protection areas" defined.
As used in this chapter:
"Eye protection areas" means areas within vocational or industrial arts shops, science or other school laboratories, or schools within state institutional facilities as designated by the state superintendent of public instruction in which activities take place involving:
(1) Hot molten metals or other molten materials;
(2) Milling, sawing, turning, shaping, cutting, grinding, or stamping of any solid materials;
(3) Heat treatment, tempering or kiln firing of any metal or other materials;
(4) Gas or electric arc welding, or other forms of welding processes;
(5) Corrosive, caustic, or explosive materials;
(6) Custodial or other service activity potentially hazardous to the eye: PROVIDED, That nothing in this chapter shall supersede regulations heretofore or hereafter established by the department of labor and industries respecting such activity; or
(7) Any other activity or operation involving mechanical or manual work in any area that is potentially hazardous to the eye.
[ 1969 ex.s. c 179 § 1.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.100 - Eye Protection—Public and Private Educational Institutions. › 70.100.020 - Wearing of eye protection devices required—Furnishing of—Costs.

RCW 70.100.020
Wearing of eye protection devices required—Furnishing of—Costs.
Every person shall wear eye protection devices when participating in, observing, or performing any function in connection with any courses or activities taking place in eye protection areas of any private or public school, college, university, or other public or private educational institution in this state, as designated by the superintendent of public instruction. The governing board or authority of any public school shall furnish the eye protection devices prescribed in RCW 70.100.030 without cost to all teachers and students in grades K-12 engaged in activities potentially dangerous to the human eye, and the governing body of each institution of higher education and vocational technical institute shall furnish such eye protection devices free or at cost to all teachers and students similarly engaged at the institutions of higher education and vocational technical institutes. Eye protection devices shall be furnished on a loan basis to all visitors observing activities hazardous to the eye.
[ 1969 ex.s. c 179 § 2.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.100 - Eye Protection—Public and Private Educational Institutions. › 70.100.030 - Standard requirement for eye protection devices.

RCW 70.100.030
Standard requirement for eye protection devices.
Eye protection devices, which shall include plano safety spectacles, plastic face shields or goggles, shall comply with the U.S.A. Standard Practice for Occupational and Educational Eye and Face Protection, Z87.1-1968 or later revisions thereof.
[ 1969 ex.s. c 179 § 3.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.100 - Eye Protection—Public and Private Educational Institutions. › 70.100.040 - Superintendent of public instruction to circulate instruction manual to public and private educational institutions.

RCW 70.100.040
Superintendent of public instruction to circulate instruction manual to public and private educational institutions.
The superintendent of public instruction, after consulting with the department of labor and industries, and the division of vocational education shall prepare and circulate to each public and private educational institution in this state within six months of the date of passage of this chapter, a manual containing instructions and recommendations for the guidance of such institutions in implementing the eye safety provisions of this chapter.
[ 1969 ex.s. c 179 § 4.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.104 - Pesticides—Health Hazards. › 70.104.010 - Declaration.

RCW 70.104.010
Declaration.
The department of health has responsibility to protect and enhance the public health and welfare. As a consequence, it must be concerned with both natural and artificial environmental factors which may adversely affect the public health and welfare. Dangers to the public health and welfare related to the use of pesticides require specific legislative recognition of departmental authority and responsibility in this area.
[ 1991 c 3 § 356; 1971 ex.s. c 41 § 1.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.104 - Pesticides—Health Hazards. › 70.104.020 - "Pesticide" defined.

RCW 70.104.020
"Pesticide" defined.
For the purposes of this chapter pesticide means, but is not limited to:
(1) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed and any other form of plant or animal life or virus, except virus on or in a living human being or other animal, which is normally considered to be a pest or which the director of agriculture may declare to be a pest; or
(2) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; or
(3) Any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent with or without toxic properties of its own intended to be used with any other pesticide as an aid to the application or effect thereof, and sold in a package or container separate from that of the pesticide with which it is to be used; or
(4) Any fungicide, rodenticide, herbicide, insecticide, and nematocide.
[ 2009 c 549 § 1026; 1971 ex.s. c 41 § 2.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.104 - Pesticides—Health Hazards. › 70.104.030 - Powers and duties of department of health.

RCW 70.104.030
Powers and duties of department of health.
(1) The department of health may investigate all suspected human cases of pesticide poisoning and such cases of suspected pesticide poisoning of animals that may relate to human illness. The department shall establish time periods by rule to determine investigation response time. Time periods shall range from immediate to forty-eight hours to initiate an investigation, depending on the severity of the case or suspected case of pesticide poisoning.
In order to adequately investigate such cases, the department shall have the power to:
(a) Take all necessary samples and human or animal tissue specimens for diagnostic purposes: PROVIDED, That tissue, if taken from a living human, shall be taken from a living human only with the consent of a person legally qualified to give such consent;
(b) Secure any and all such information as may be necessary to adequately determine the nature and causes of any case of pesticide poisoning.
(2) The department shall immediately notify the department of agriculture, the department of labor and industries, and other appropriate agencies of the results of its investigation for such action as the other departments or agencies deem appropriate. The notification of such investigations and their results may include recommendations for further action by the appropriate department or agency.
[ 2009 c 495 § 10; 1991 c 3 § 357; 1989 c 380 § 71; 1971 ex.s. c 41 § 3.]
NOTES:
Effective date—2009 c 495: See note following RCW 43.20.050.
Effective date—1989 c 380 §§ 69, 71-73: "Sections 69 and 71 through 73 of this act shall take effect on January 1, 1990." [ 1989 c 380 § 90.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.104 - Pesticides—Health Hazards. › 70.104.040 - Pesticide emergencies—Authority of department of agriculture not infringed upon.

RCW 70.104.040
Pesticide emergencies—Authority of department of agriculture not infringed upon.
(1) In any case where an emergency relating to pesticides occurs that represents a hazard to the public due to toxicity of the material, the quantities involved or the environment in which the incident takes place, such emergencies including but not limited to fires, spillage, and accidental contamination, the person or agent of such person having actual or constructive control of the pesticides involved shall immediately notify the department of health by telephone or the fastest available method.
(2) Upon notification or discovery of any pesticide emergency the department of health shall:
(a) Make such orders and take such actions as are appropriate to assume control of the property and to dispose of hazardous substances, prevent further contamination, and restore any property involved to a nonhazardous condition. In the event of failure of any individual to obey and carry out orders pursuant to this section, the department shall have all power and authority to accomplish those things necessary to carry out such order. Any expenses incurred by the department as a result of intentional failure of any individual to obey its lawful orders shall be charged as a debt against such individual.
(3) In any case where the department of health has assumed control of property pursuant to this chapter, such property shall not be reoccupied or used until such time as written notification of its release for use is received from the secretary of the department or his or her designee. Such action shall take into consideration the economic hardship, if any, caused by having the department assume control of property, and release shall be accomplished as expeditiously as possible. Nothing in this chapter shall prevent a farmer from continuing to process his or her crops and/or animals provided that the processing does not endanger the public health.
(4) The department shall recognize the pesticide industry's responsibility and active role in minimizing the effect of pesticide emergencies and shall provide for maximum utilization of these services.
(5) Nothing in this chapter shall be construed in any way to infringe upon or negate the authority and responsibility of the department of agriculture in its application and enforcement of the Washington Pesticide Control Act, chapter 15.58 RCW and the Washington Pesticide Application Act, chapter 17.21 RCW. The department of health shall work closely with the department of agriculture in the enforcement of this chapter and shall keep it appropriately advised.
[ 1991 c 3 § 358; 1983 c 3 § 178; 1971 ex.s. c 41 § 4.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.104 - Pesticides—Health Hazards. › 70.104.050 - Investigation of human exposure to pesticides.

RCW 70.104.050
Investigation of human exposure to pesticides.
The department of health shall investigate human exposure to pesticides according to the degree of risk that the exposure presents to the individual and the greater population as well as the level of funding appropriated in the operating budget, and in order to carry out such investigations shall have authority to secure and analyze appropriate specimens of human tissue and samples representing sources of possible exposure.
[ 2009 c 495 § 11; 1991 c 3 § 359; 1971 ex.s. c 41 § 5.]
NOTES:
Effective date—2009 c 495: See note following RCW 43.20.050.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.104 - Pesticides—Health Hazards. › 70.104.057 - Pesticide poisonings—Medical education program.

RCW 70.104.057
Pesticide poisonings—Medical education program.
The department of health, after seeking advice from the state board of health, local health officers, and state and local medical associations, shall develop a program of medical education to alert physicians and other health care providers to the symptoms, diagnosis, treatment, and reporting of pesticide poisonings.
[ 1991 c 3 § 361; 1989 c 380 § 73.]
NOTES:
Effective date—1989 c 380 §§ 69, 71-73: See note following RCW 70.104.030.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.104 - Pesticides—Health Hazards. › 70.104.060 - Technical assistance, consultations and services to physicians and agencies authorized.

RCW 70.104.060
Technical assistance, consultations and services to physicians and agencies authorized.
In order effectively to prevent human illness due to pesticides and to carry out the requirements of this chapter, the department of health is authorized to provide technical assistance and consultation regarding health effects of pesticides to physicians and other agencies, and is authorized to operate an analytical chemical laboratory and may provide analytical and laboratory services to physicians and other agencies to determine pesticide levels in human and other tissues, and appropriate environmental samples.
[ 1991 c 3 § 362; 1971 ex.s. c 41 § 6.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.108 - Outdoor Music Festivals. › 70.108.010 - Legislative declaration.

RCW 70.108.010
Legislative declaration.
The legislature hereby declares it to be the public interest, and for the protection of the health, welfare and property of the residents of the state of Washington to provide for the orderly and lawful conduct of outdoor music festivals by assuring that proper sanitary, health, fire, safety, and police measures are provided and maintained. This invocation of the police power is prompted by and based upon prior experience with outdoor music festivals where the enforcement of the existing laws and regulations on dangerous and narcotic drugs, indecent exposure, intoxicating liquor, and sanitation has been rendered most difficult by the flagrant violations thereof by a large number of festival patrons.
[ 1971 ex.s. c 302 § 19.]
NOTES:
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.108 - Outdoor Music Festivals. › 70.108.020 - Definitions.

RCW 70.108.020
Definitions.
For the purposes of this chapter the following words and phrases shall have the indicated meanings:
(1) "Applicant" means the promoter who has the right of control of the conduct of an outdoor music festival who applies to the appropriate legislative authority for a license to hold an outdoor music festival.
(2) "Issuing authority" means the legislative body of the local governmental unit where the site for an outdoor music festival is located.
(3) "Outdoor music festival" or "music festival" or "festival" means an assembly of persons gathered primarily for outdoor, live or recorded musical entertainment, where the predicted attendance is two thousand persons or more and where the duration of the program is five hours or longer: PROVIDED, That this definition shall not be applied to any regularly established permanent place of worship, stadium, athletic field, arena, auditorium, coliseum, or other similar permanently established places of assembly for assemblies which do not exceed by more than two hundred fifty people the maximum seating capacity of the structure where the assembly is held: PROVIDED, FURTHER, That this definition shall not apply to government sponsored fairs held on regularly established fairgrounds nor to assemblies required to be licensed under other laws or regulations of the state.
(4) "Participate" means to knowingly provide or deliver to the festival site supplies, materials, food, lumber, beverages, sound equipment, generators, or musical entertainment and/or to attend a music festival. A person shall be presumed to have knowingly provided as that phrase is used herein after he or she has been served with a court order.
(5) "Promoter" means any person or other legal entity issued a permit to conduct an outdoor music festival.
[ 2012 c 117 § 421; 1971 ex.s. c 302 § 21.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.108 - Outdoor Music Festivals. › 70.108.030 - Permits—Required—Compliance with rules and regulations.

RCW 70.108.030
Permits—Required—Compliance with rules and regulations.
No person or other legal entity shall knowingly allow, conduct, hold, maintain, cause to be advertised or permit an outdoor music festival unless a valid permit has been obtained from the issuing authority for the operation of such music festival as provided for by this chapter. One such permit shall be required for each outdoor music festival. A permit may be granted for a period not to exceed sixteen consecutive days and a festival may be operated during any or all of the days within such period. Any person, persons, partnership, corporation, association, society, fraternal or social organization, failing to comply with the rules, regulations or conditions contained in this chapter shall be subject to the appropriate penalties as prescribed by this chapter.
[ 1971 ex.s. c 302 § 22.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.108 - Outdoor Music Festivals. › 70.108.050 - Approval or denial of permit—Corrections—Procedure—Judicial review.

RCW 70.108.050
Approval or denial of permit—Corrections—Procedure—Judicial review.
Within fifteen days after the filing of the application the issuing authority shall either approve or deny the permit to the applicant. Any denial shall set forth in detail the specific grounds therefor. The applicant shall have fifteen days after the receipt of such denial or such additional time as the issuing authority shall grant to correct the deficiencies set forth and the issuing authority shall within fifteen days after receipt of such corrections either approve or deny the permit. Any denial shall set forth in detail the specific grounds therefor.
After the applicant has filed corrections and the issuing authority has thereafter again denied the permit, the applicant may within five days after receipt of such second denial seek judicial review of such denial by filing a petition in the superior court for the county of the issuing authority. The review shall take precedence over all other civil actions and shall be conducted by the court without a jury. The court shall, upon request, hear oral argument and receive written briefs and shall either affirm the denial or order that the permit be issued. An applicant may not use any other procedure to obtain judicial review of a denial.
[ 1972 ex.s. c 123 § 2; 1971 ex.s. c 302 § 24.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.108 - Outdoor Music Festivals. › 70.108.060 - Reimbursement of expenses incurred in reviewing request.

RCW 70.108.060
Reimbursement of expenses incurred in reviewing request.
Any local agency requested by an applicant to give written approval as required by RCW 70.108.040 may within fifteen days after the applicant has filed his or her application apply to the issuing authority for reimbursement of expenses reasonably incurred in reviewing such request. Upon a finding that such expenses were reasonably incurred, the issuing authority shall reimburse the local agency therefor from the funds of the permit fee. The issuing authority shall prior to the first scheduled date of the festival return to the applicant that portion of the permit fee remaining after all such reimbursements have been made.
[ 2012 c 117 § 422; 1971 ex.s. c 302 § 25.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.108 - Outdoor Music Festivals. › 70.108.070 - Cash deposit—Surety bond—Insurance.

RCW 70.108.070
Cash deposit—Surety bond—Insurance.
After the application has been approved, the promoter shall deposit with the issuing authority, a cash deposit or surety bond. The bond or deposit shall be used to pay any costs or charges incurred to regulate health or to clean up afterwards outside the festival grounds or any extraordinary costs or charges incurred to regulate traffic or parking. The bond or other deposit shall be returned to the promoter when the issuing authority is satisfied that no claims for damage or loss will be made against said bond or deposit, or that the loss or damage claimed is less than the amount of the deposit, in which case the uncommitted balance thereof shall be returned: PROVIDED, That the bond or cash deposit or the uncommitted portion thereof shall be returned not later than thirty days after the last day of the festival.
In addition, the promoter shall be required to furnish evidence that he or she has in full force and effect a liability insurance policy in an amount of not less than one hundred thousand dollars bodily injury coverage per person covering any bodily injury negligently caused by any officer or employee of the festival while acting in the performance of his or her duties. The policy shall name the issuing authority of the permit as an additional named insured.
In addition, the promoter shall be required to furnish evidence that he or she has in full force and effect a one hundred thousand dollar liability property damage insurance policy covering any property damaged due to negligent failure by any officer or employee of the festival to carry out duties imposed by this chapter. The policy shall have the issuing authority of the permit as an additional named insured.
[ 2012 c 117 § 423; 1972 ex.s. c 123 § 3; 1971 ex.s. c 302 § 26.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.108 - Outdoor Music Festivals. › 70.108.080 - Revocation of permits.

RCW 70.108.080
Revocation of permits.
Revocation of any permit granted pursuant to this chapter shall not preclude the imposition of penalties as provided for in this chapter and the laws of the state of Washington. Any permit granted pursuant to the provisions of this chapter to conduct a music festival shall be summarily revoked by the issuing authority when it finds that by reason of emergency the public peace, health, safety, morals or welfare can only be preserved and protected by such revocation.
Any permit granted pursuant to the provisions of this chapter to conduct a music festival may otherwise be revoked for any material violation of this chapter or the laws of the state of Washington after a hearing held upon not less than three days notice served upon the promoter personally or by certified mail.
Every permit issued under the provisions of this chapter shall state that such permit is issued as a measure to protect and preserve the public peace, health, safety, morals and welfare, and that the right of the appropriate authority to revoke such permit is a consideration of its issuance.
[ 1971 ex.s. c 302 § 27.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.108 - Outdoor Music Festivals. › 70.108.090 - Drugs prohibited.

RCW 70.108.090
Drugs prohibited.
No person, persons, partnership, corporation, association, society, fraternal or social organization to whom a music festival permit has been granted shall, during the time an outdoor music festival is in operation, knowingly permit or allow any person to bring upon the premises of said music festival, any narcotic or dangerous drug as defined by chapters *69.33 or 69.40 RCW, or knowingly permit or allow narcotic or dangerous drug to be consumed on the premises, and no person shall take or carry onto said premises any narcotic or dangerous drug.
[ 1971 ex.s. c 302 § 28.]
NOTES:
*Reviser's note: Chapter 69.33 RCW was repealed by 1971 ex.s. c 308 § 69.50.606.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.108 - Outdoor Music Festivals. › 70.108.100 - Proximity to schools, churches, homes.

RCW 70.108.100
Proximity to schools, churches, homes.
No music festival shall be operated in a location which is closer than one thousand yards from any schoolhouse or church, or five hundred yards from any house, residence or other human habitation unless waived by occupants.
[ 1971 ex.s. c 302 § 29.]