reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.87 - Elevators, Lifting Devices, and Moving Walks. › 70.87.190 - Accidents—Report and investigation—Cessation of use—Removal of damaged parts.

RCW 70.87.190
Accidents—Report and investigation—Cessation of use—Removal of damaged parts.
The owner or the owner's duly authorized agent shall promptly notify the department of each accident to a person requiring the service of a physician or resulting in a disability exceeding one day, and shall afford the department every facility for investigating and inspecting the accident. The department shall without delay, after being notified, make an inspection and shall place on file a full and complete report of the accident. The report shall give in detail all material facts and information available and the cause or causes, so far as they can be determined. The report shall be open to public inspection at all reasonable hours. When an accident involves the failure or destruction of any part of the construction or the operating mechanism of a conveyance, the use of the conveyance is forbidden until it has been made safe; it has been reinspected and any repairs, changes, or alterations have been approved by the department; and a permit has been issued by the department. The removal of any part of the damaged construction or operating mechanism from the premises is forbidden until the department grants permission to do so.
[ 1983 c 123 § 21; 1963 c 26 § 19.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.87 - Elevators, Lifting Devices, and Moving Walks. › 70.87.200 - Exemptions.

RCW 70.87.200
Exemptions.
(1) The provisions of this chapter do not apply where:
(a) A conveyance is permanently removed from service or made effectively inoperative;
(b) Lifts, hoists for persons, or material hoists are erected temporarily for use during construction work only and are of such a design that they must be operated by a worker stationed at the hoisting machine; or
(c) A single-occupancy farm conveyance is used exclusively by a farm operator and the farm operator's family members.
(2) Except as limited by RCW 70.87.050, municipalities having in effect an elevator code prior to June 13, 1963, may continue to assume jurisdiction over conveyance work and may inspect, issue permits, collect fees, and prescribe minimum requirements for conveyance work and operation if the requirements are equal to the requirements of this chapter and to all rules pertaining to conveyances adopted and administered by the department. Upon the failure of a municipality having jurisdiction over conveyances to carry out the provisions of this chapter with regard to a conveyance, the department may assume jurisdiction over the conveyance. If a municipality elects not to maintain jurisdiction over certain conveyances located therein, it may enter into a written agreement with the department transferring exclusive jurisdiction of the conveyances to the department. The city may not reassume jurisdiction after it enters into such an agreement with the department.
[ 2009 c 549 § 1025; 2009 c 128 § 2; 2003 c 143 § 20; 1983 c 123 § 22; 1969 ex.s. c 108 § 4; 1963 c 26 § 20.]
NOTES:
Reviser's note: This section was amended by 2009 c 128 § 2 and by 2009 c 549 § 1025, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Part headings and captions not law—Effective date—2003 c 143: See notes following RCW 70.87.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.87 - Elevators, Lifting Devices, and Moving Walks. › 70.87.205 - Resolution of disputes by arbitration—Appointment of arbitrators—Procedure—Decision—Enforcement.

RCW 70.87.205
Resolution of disputes by arbitration—Appointment of arbitrators—Procedure—Decision—Enforcement.
(1) Disputes arising under RCW 70.87.200(2) shall be resolved by arbitration. The request shall be sent using a method by which the mailing can be tracked or the delivery can be confirmed.
(2) The department shall appoint one arbitrator; the municipality shall appoint one arbitrator; and the arbitrators chosen by the department and the municipality shall appoint the third arbitrator. If the two arbitrators cannot agree on the third arbitrator, the presiding judge of the Thurston county superior court, or his or her designee, shall appoint the third arbitrator.
(3) The arbitration shall be held pursuant to the procedures in chapter 7.04A RCW, except that RCW 7.04A.280(1)(f) shall not apply. The decision of the arbitrators is final and binding on the parties. Neither party may appeal a decision to any court.
(4) A party may petition the Thurston county superior court to enforce a decision of the arbitrators.
[ 2011 c 301 § 24; 2005 c 433 § 49; 1983 c 123 § 23.]
NOTES:
Application—Captions not law—Savings—Effective date—2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.87 - Elevators, Lifting Devices, and Moving Walks. › 70.87.210 - Deposit of moneys from chapter.

RCW 70.87.210
Deposit of moneys from chapter.
All moneys, except fines and penalties, received or collected under the terms of this chapter shall be deposited in the construction registration inspection account. All fines and penalties received or collected under the terms of this chapter shall be deposited in the general fund.
[ 2017 3rd sp.s. c 11 § 3; 1963 c 26 § 21.]
NOTES:
Effective date—2017 3rd sp.s. c 11: See note following RCW 51.44.190.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.87 - Elevators, Lifting Devices, and Moving Walks. › 70.87.220 - Elevator safety advisory committee.

RCW 70.87.220
Elevator safety advisory committee.
(1) The department may adopt the rules necessary to establish and administer the elevator safety advisory committee. The purpose of the advisory committee is to advise the department on the adoption of rules that apply to conveyances; methods of enforcing and administering this chapter; and matters of concern to the conveyance industry and to the individual installers, owners, and users of conveyances.
(2) The advisory committee shall consist of not less than seven persons nor more than nine persons. The director of the department or his or her designee with the advice of the chief elevator inspector shall appoint the committee members as follows:
(a) A minimum of one and a maximum of two representatives of licensed elevator contractors;
(b) A minimum of one and a maximum of two representatives of elevator mechanics licensed to perform all types of conveyance work;
(c) A minimum of one and a maximum of two representatives of owner-employed mechanics exempt from licensing requirements under RCW 70.87.270;
(d) One registered architect or professional engineer representative;
(e) A minimum of one and a maximum of two building owners or manager representatives;
(f) A minimum of one and a maximum of two registered general commercial contractor representatives; and
(g) One ad hoc member representing each municipality maintaining jurisdiction of conveyances in accordance with RCW 70.87.200(2).
(3) The committee members shall serve terms of four years.
(4) The committee shall meet on the third Tuesday of February, May, August, and November of each year, and at other times at the discretion of the chief elevator inspector. The committee members shall serve without per diem or travel expenses.
(5) The chief elevator inspector shall be the secretary for the advisory committee.
[ 2019 c 151 § 1; 2003 c 143 § 7; 2002 c 98 § 11.]
NOTES:
Part headings and captions not law—Effective date—2003 c 143: See notes following RCW 70.87.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.87 - Elevators, Lifting Devices, and Moving Walks. › 70.87.230 - Conveyance work—Who may perform—Possession of license and identification.

RCW 70.87.230
Conveyance work—Who may perform—Possession of license and identification.
(1) Except as provided in RCW 70.87.270, a person may not perform conveyance work within the state unless he or she is an elevator mechanic who is regularly employed by and is working: (a) For an owner exempt from licensing requirements under RCW 70.87.270 and performing maintenance; (b) for a public agency performing maintenance; or (c) under the direct supervision of an elevator contractor. A person, firm, public agency, or company is not required to be an elevator contractor for removing or dismantling conveyances that are destroyed as a result of a complete demolition of a secured building or structure or where the building is demolished back to the basic support structure whereby no access is permitted therein to endanger the safety and welfare of a person.
(2) When performing conveyance work, an elevator mechanic must have his or her license and photo identification in his or her possession. The elevator mechanic must produce his or her license and identification upon request of an authorized representative of the department. The department may establish by rule a requirement that the mechanic also wear and visibly display his or her license.
[ 2009 c 36 § 10; 2003 c 143 § 1; 2002 c 98 § 10.]
NOTES:
Finding—Intent—2009 c 36: See note following RCW 18.106.020.
Part headings and captions not law—Effective date—2003 c 143: See notes following RCW 70.87.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.87 - Elevators, Lifting Devices, and Moving Walks. › 70.87.245 - Material lift mechanic license.

RCW 70.87.245
Material lift mechanic license.
A material lift mechanic license to perform conveyance work on material lifts subject to WAC 296-96-05010 may be granted to any person who possesses the following qualifications:
(1) The person: (a) Must be employed by an elevator contractor that complies with subsections (2) and (3) of this section; (b) must have successfully completed the training described in subsection (2) of this section; and (c) after successfully completing such training, must have passed a written examination administered by the department that is designed to demonstrate competency with regard to conveyance work on material lifts;
(2) The employer must provide the persons specified in subsection (1) of this section adequate training, including any training provided by the manufacturer, ensuring worker safety and adherence to the published operating specifications of the conveyance manufacturer; and
(3) The employer must maintain: (a) A conveyance work log identifying the equipment, describing the conveyance work performed, and identifying the person who performed the conveyance work; (b) a training log describing the course of study applicable to each conveyance and identifying each employee who has successfully completed the training described in subsection (2) of this section and when such training was completed; and (c) a record evidencing that the employer has notified the conveyance owner in writing that the conveyance is not designed to, is not intended to, and should not be used to convey workers.
[ 2003 c 143 § 3.]
NOTES:
Part headings and captions not law—Effective date—2003 c 143: See notes following RCW 70.87.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.87 - Elevators, Lifting Devices, and Moving Walks. › 70.87.260 - Liability not limited or assumed by state.

RCW 70.87.260
Liability not limited or assumed by state.
This chapter cannot be construed to relieve or lessen the responsibility or liability of any person, firm, or corporation owning, operating, controlling, testing, inspecting, or performing conveyance work on any conveyance or other related mechanisms covered by this chapter for damages to person or property caused by any defect therein, nor does the state assume any such liability or responsibility therefore or any liability to any person for whatever reason whatsoever by the adoption of this chapter or any acts or omissions arising hereunder.
[ 2003 c 143 § 22; 2002 c 98 § 14.]
NOTES:
Part headings and captions not law—Effective date—2003 c 143: See notes following RCW 70.87.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.87 - Elevators, Lifting Devices, and Moving Walks. › 70.87.270 - Exemptions from licensure.

RCW 70.87.270
Exemptions from licensure.
(1) The licensing requirements of this chapter do not apply to the maintenance of conveyances specified in (a) of this subsection if a person specified in (b) of this subsection performs the maintenance and the owner complies with the requirements specified in (c) and (d) of this subsection.
(a) The conveyance: (i) Must be a conveyance other than a passenger elevator to which the general public has access; and (ii) must be located in a facility in which agricultural products are stored, food products are processed, goods are manufactured, energy is generated, or similar industrial or agricultural processes are performed.
(b) The person performing the maintenance: (i) Must be regularly employed by the owner; (ii) must have completed the training described in (c) of this subsection; and (iii) must have attained journey level status in an electrical or mechanical trade, but only if the employer has or uses an established journey level program to train its electrical or mechanical trade employees and the employees perform maintenance in the course of their regular employment.
(c) The owner must provide the persons specified in (b) of this subsection adequate training to ensure worker safety and adherence to the published operating specifications of the conveyance manufacturer, the applicable provisions of this chapter, and any rules adopted under this chapter.
(d) The owner also must maintain both a maintenance log and a training log. The maintenance log must describe maintenance work performed on the conveyance and identify the person who performed the work. The training log must describe the course of study provided to the persons specified in (b) of this subsection, including whether it is general or conveyance specific, and when the persons completed the course of study.
(2) It is a violation of chapter 49.17 RCW for an owner or an employer: (a) To allow a conveyance exempt from the licensing requirements of this chapter under subsection (1) of this section to be maintained by a person other than a person specified in subsection (1)(b) of this section or a licensee; or (b) to fail to maintain the logs required under subsection (1)(d) of this section.
(3) The licensing requirements of this chapter do not apply to homeowners, or persons employed by homeowners, for permanent removal of a stairway chair lift or a platform lift located in a private residence as described in the American Society of Mechanical Engineers A18.1 Safety Standard for Platform Lifts and Stairway Chairlifts, Sections 5, 6, and 7.
[ 2019 c 151 § 3; 2003 c 143 § 4.]
NOTES:
Part headings and captions not law—Effective date—2003 c 143: See notes following RCW 70.87.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.87 - Elevators, Lifting Devices, and Moving Walks. › 70.87.280 - License categories—Rules.

RCW 70.87.280
License categories—Rules.
In order to effectively administer and implement the elevator mechanic licensing of this chapter, the department may establish elevator mechanic license categories in rule.
[ 2003 c 143 § 5.]
NOTES:
Part headings and captions not law—Effective date—2003 c 143: See notes following RCW 70.87.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.87 - Elevators, Lifting Devices, and Moving Walks. › 70.87.290 - Rules—Effective date.

RCW 70.87.290
Rules—Effective date.
The department of labor and industries may not adopt rules to implement chapter 98, Laws of 2002, and to implement chapter 143, Laws of 2003 that take effect before March 1, 2004.
[ 2003 c 143 § 6.]
NOTES:
Part headings and captions not law—Effective date—2003 c 143: See notes following RCW 70.87.020.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.87 - Elevators, Lifting Devices, and Moving Walks. › 70.87.305 - Private residence conveyances—Licensing requirements—Rules.

RCW 70.87.305
Private residence conveyances—Licensing requirements—Rules.
(1) The department shall, by rule, establish licensing requirements for conveyance work performed on private residence conveyances. These rules shall include an exemption from licensing for maintenance work on private residence conveyances performed by an owner or at the direction of the owner, provided the owner resides in the residence at which the conveyance is located and the conveyance is not accessible to the general public. However, maintenance work performed on private residence conveyances located in or at adult family homes licensed under chapter 70.128 RCW, assisted living facilities licensed under chapter 18.20 RCW, or similarly licensed caregiving facilities must comply with the licensing requirements of this chapter.
(2) The rules adopted under this section take effect July 1, 2004.
[ 2012 c 10 § 50; 2004 c 66 § 3.]
NOTES:
Application—2012 c 10: See note following RCW 18.20.010.
Findings—2004 c 66: "The legislature finds that individuals performing conveyance work on private residence conveyances must be licensed by the department of labor and industries. However, the licensing requirements for this type of work need not be to the same level as those established for conveyance work in circumstances where the general public has access to the conveyances. The legislature further finds that the department of labor and industries should be given the authority to develop the licensing requirements for this type of work using the normal rule-making process established under chapter 34.05 RCW. Lastly, the legislature finds that private residence conveyance maintenance work that is performed by an owner or at the direction of the owner is exempt from licensing if the owner resides in the residence at which the conveyance is located and the conveyance is not accessible to the general public." [ 2004 c 66 § 1.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.87 - Elevators, Lifting Devices, and Moving Walks. › 70.87.310 - Whistleblower—Identity to remain confidential.

RCW 70.87.310
Whistleblower—Identity to remain confidential.
(1) An employee who is a whistleblower and who as a result of being a whistleblower has been subjected to workplace reprisal or retaliatory action has the remedies provided under chapter 49.60 RCW.
(2) The identity of a whistleblower who reports, in good faith, to the department or to a political subdivision that regulates conveyances, practices that may violate the provisions of this chapter or the rules promulgated hereunder must remain confidential. The provisions of RCW 4.24.500 through 4.24.520, providing certain protections to persons who communicate to government agencies, apply to such reports.
[ 2012 c 54 § 3.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.90 - Water Recreation Facilities. › 70.90.101 - Legislative findings.

RCW 70.90.101
Legislative findings.
The legislature finds that water recreation facilities are an important source of recreation for the citizens of this state. To promote the public health, safety, and welfare, the legislature finds it necessary to continue to regulate these facilities.
[ 1987 c 222 § 1.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.90 - Water Recreation Facilities. › 70.90.110 - Definitions.

RCW 70.90.110
Definitions.
Unless the context clearly requires otherwise the definitions in this section apply throughout this chapter.
(1) "Water recreation facility" means any artificial basin or other structure containing water used or intended to be used for recreation, bathing, relaxation, or swimming, where body contact with the water occurs or is intended to occur and includes auxiliary buildings and appurtenances. The term includes, but is not limited to:
(a) Conventional swimming pools, wading pools, and spray pools;
(b) Recreational water contact facilities as defined in this chapter;
(c) Spa pools and tubs using hot water, cold water, mineral water, air induction, or hydrojets; and
(d) Any area designated for swimming in natural waters with artificial boundaries within the waters.
(2) "Recreational water contact facility" means an artificial water associated facility with design and operational features that provide patron recreational activity which is different from that associated with a conventional swimming pool and purposefully involves immersion of the body partially or totally in the water, and that includes but is not limited to, water slides, wave pools, and water lagoons.
(3) "Local health officer" means the health officer of the city, county, or city-county department or district or a representative authorized by the local health officer.
(4) "Secretary" means the secretary of health.
(5) "Person" means an individual, firm, partnership, co- partnership, corporation, company, association, club, government entity, or organization of any kind.
(6) "Department" means the department of health.
(7) "Board" means the state board of health.
[ 1991 c 3 § 352; 1987 c 222 § 2; 1986 c 236 § 2.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.90 - Water Recreation Facilities. › 70.90.120 - Adoption of rules governing safety, sanitation, and water quality—Exceptions.

RCW 70.90.120
Adoption of rules governing safety, sanitation, and water quality—Exceptions.
(1) The board shall adopt rules under the administrative procedure act, chapter 34.05 RCW, governing safety, sanitation, and water quality for water recreation facilities. The rules shall include but not be limited to requirements for design; operation; injury and illness reporting; biological and chemical contamination standards; water quality monitoring; inspection; permit application and issuance; and enforcement procedures. However, a water recreation facility intended for the exclusive use of residents of any apartment house complex or of a group of rental housing units of less than fifteen living units, or of a mobile home park, or of a condominium complex or any group or association of less than fifteen homeowners shall not be subject to preconstruction design review, routine inspection, or permit or fee requirements; and water treatment of hydroelectric reservoirs or natural streams, creeks, lakes, or irrigation canals shall not be required.
(2) In adopting rules under subsection (1) of this section regarding the operation or design of a recreational water contact facility, the board shall review and consider the most recent version of the United States centers for disease control and prevention's model aquatic health code.
[ 2017 c 102 § 1; 1987 c 222 § 5; 1986 c 236 § 3.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.90 - Water Recreation Facilities. › 70.90.125 - Regulation by local boards of health.

RCW 70.90.125
Regulation by local boards of health.
Nothing in this chapter shall prohibit any local board of health from establishing and enforcing any provisions governing safety, sanitation, and water quality for any water recreation facility, regardless of ownership or use, in addition to those rules established by the state board of health under this chapter.
[ 1987 c 222 § 6.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.90 - Water Recreation Facilities. › 70.90.140 - Enforcement.

RCW 70.90.140
Enforcement.
The secretary shall enforce the rules adopted under this chapter. The secretary may develop joint plans of responsibility with any local health jurisdiction to administer this chapter.
[ 1986 c 236 § 5.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.90 - Water Recreation Facilities. › 70.90.150 - Fees.

RCW 70.90.150
Fees.
(1) Local health officers may establish and collect fees sufficient to cover their costs incurred in carrying out their duties under this chapter and the rules adopted under this chapter.
(2) The department may establish and collect fees sufficient to cover its costs incurred in carrying out its duties under this chapter. The fees shall be deposited in the state general fund.
(3) A person shall not be required to submit fees at both the state and local levels.
[ 1986 c 236 § 6.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.90 - Water Recreation Facilities. › 70.90.160 - Modification or construction of facility—Permit required—Submission of plans.

RCW 70.90.160
Modification or construction of facility—Permit required—Submission of plans.
A permit is required for any modification to or construction of any recreational water contact facility after June 11, 1986, and for any other water recreation facility after July 26, 1987. Water recreation facilities existing on July 26, 1987, which do not comply with the design and construction requirements established by the state board of health under this chapter may continue to operate without modification to or replacement of the existing physical plant, provided the water quality, sanitation, and lifesaving equipment are in compliance with the requirements established under this chapter. However, if any modifications are made to the physical plant of an existing water recreation facility the modifications shall comply with the requirements established under this chapter. The plans and specifications for the modification or construction shall be submitted to the applicable local authority or the department as applicable, but a person shall not be required to submit plans at both the state and local levels or apply for both a state and local permit. The plans shall be reviewed and may be approved or rejected or modifications or conditions imposed consistent with this chapter as the public health or safety may require, and a permit shall be issued or denied within thirty days of submittal.
[ 1987 c 222 § 7; 1986 c 236 § 7.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.90 - Water Recreation Facilities. › 70.90.170 - Operating permit—Renewal.

RCW 70.90.170
Operating permit—Renewal.
An operating permit from the department or local health officer, as applicable, is required for each water recreation facility operated in this state. The permit shall be renewed annually. The permit shall be conspicuously displayed at the water recreation facility.
[ 1987 c 222 § 8; 1986 c 236 § 8.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.90 - Water Recreation Facilities. › 70.90.180 - State and local health jurisdictions—Chapter not basis for liability.

RCW 70.90.180
State and local health jurisdictions—Chapter not basis for liability.
Nothing in this chapter or the rules adopted under this chapter creates or forms the basis for any liability: (1) On the part of the state and local health jurisdictions, or their officers, employees, or agents, for any injury or damage resulting from the failure of the owner or operator of water recreation facilities to comply with this chapter or the rules adopted under this chapter; or (2) by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter or the rules adopted under this chapter on the part of the state and local health jurisdictions, or by their officers, employees, or agents.
All actions of local health officers and the secretary shall be deemed an exercise of the state's police power.
[ 1987 c 222 § 9; 1986 c 236 § 9.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.90 - Water Recreation Facilities. › 70.90.190 - Reporting of injury, disease, or death.

RCW 70.90.190
Reporting of injury, disease, or death.
Any person operating a water recreation facility shall report to the local health officer or the department any serious injury, communicable disease, or death occurring at or caused by the water recreation facility.
[ 1987 c 222 § 10; 1986 c 236 § 10.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.90 - Water Recreation Facilities. › 70.90.200 - Civil penalties.

RCW 70.90.200
Civil penalties.
County, city, or town legislative authorities and the secretary, as applicable, may establish civil penalties for a violation of this chapter or the rules adopted under this chapter not to exceed five hundred dollars. Each day upon which a violation occurs constitutes a separate violation. A person violating this chapter may be enjoined from continuing the violation.
[ 1986 c 236 § 11.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.90 - Water Recreation Facilities. › 70.90.205 - Criminal penalties.

RCW 70.90.205
Criminal penalties.
The violation of any provisions of this chapter and any rules adopted under this chapter shall be a misdemeanor punishable by a fine of not more than five hundred dollars.
[ 1987 c 222 § 11.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.90 - Water Recreation Facilities. › 70.90.210 - Adjudicative proceeding—Notice.

RCW 70.90.210
Adjudicative proceeding—Notice.
(1) Any person aggrieved by an order of the department or by the imposition of a civil fine by the department has the right to an adjudicative proceeding. RCW 43.70.095 governs department notice of a civil fine and a person's right to an adjudicative proceeding.
(2) Any person aggrieved by an order of a local health officer or by the imposition of a civil fine by the officer has the right to appeal. The hearing is governed by the local health jurisdiction's administrative appeals process. Notice shall be provided by the local health jurisdiction consistent with its due process requirements.
[ 1991 c 3 § 354; 1989 c 175 § 130; 1986 c 236 § 12.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.90 - Water Recreation Facilities. › 70.90.230 - Insurance required.

RCW 70.90.230
Insurance required.
(1) A recreational water contact facility shall not be operated within the state unless the owner or operator has purchased insurance in an amount not less than one hundred thousand dollars against liability for bodily injury to or death of one or more persons in any one accident arising out of the use of the recreational water contact facility.
(2) The board may require a recreational water contact facility to purchase insurance in addition to the amount required in subsection (1) of this section.
[ 1986 c 236 § 14.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.90 - Water Recreation Facilities. › 70.90.240 - Sale of spas, pools, and tubs—Operating instructions and health caution required.

RCW 70.90.240
Sale of spas, pools, and tubs—Operating instructions and health caution required.
Every seller of spas, pools and tubs under RCW 70.90.110(1) (a) and (c) shall furnish to the purchaser a complete set of operating instructions which shall include detailed instructions on the safe use of the spa, pool, or tub and for the proper treatment of water to reduce health risks to the purchaser. Included in the instructions shall be information about the health effects of hot water and a specific caution and explanation of the health effects of hot water on pregnant women.
[ 1987 c 222 § 4.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.90 - Water Recreation Facilities. › 70.90.250 - Application of chapter.

RCW 70.90.250
Application of chapter.
This chapter applies to all water recreation facilities regardless of whether ownership is public or private and regardless of whether the intended use is commercial or private, except that this chapter shall not apply to:
(1) Any water recreation facility for the sole use of residents and invited guests at a single-family dwelling;
(2) Therapeutic water facilities operated exclusively for physical therapy;
(3) Steam baths and saunas; and
(4) Inflatable equipment operated at a temporary event, including inflatable water slides, that do not allow water to pool more than six inches and do not recirculate water.
[ 2017 c 102 § 2; 1987 c 222 § 3.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.92 - Provisions in Buildings for Aged and Handicapped Persons. › 70.92.100 - Legislative intent.

RCW 70.92.100
Legislative intent.
It is the intent of the legislature that, notwithstanding any law to the contrary, plans and specifications for the erection of buildings through the use of public or private funds shall make special provisions for elderly or physically disabled persons.
[ 1975 1st ex.s. c 110 § 1.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.92 - Provisions in Buildings for Aged and Handicapped Persons. › 70.92.110 - Buildings and structures to which standards and specifications apply—Exemptions.

RCW 70.92.110
Buildings and structures to which standards and specifications apply—Exemptions.
The standards and specifications adopted under this chapter shall, as provided in this section, apply to buildings, structures, or portions thereof used primarily for group A-1 through group U-1 occupancies, except for group R-3 occupancies, as defined in the Uniform Building Code, 1994 edition, published by the International Conference of Building Officials. All such buildings, structures, or portions thereof, which are constructed, substantially remodeled, or substantially rehabilitated after July 1, 1976, shall conform to the standards and specifications adopted under this chapter: PROVIDED, That the following buildings, structures, or portions thereof shall be exempt from this chapter:
(1) Buildings, structures, or portions thereof for which construction contracts have been awarded prior to July 1, 1976;
(2) Any building, structure, or portion thereof in respect to which the administrative authority deems, after considering all circumstances applying thereto, that full compliance is impracticable: PROVIDED, That, such a determination shall be made no later than at the time of issuance of the building permit for the construction, remodeling, or rehabilitation: PROVIDED FURTHER, That the board of appeals provided for in chapter 1 of the Uniform Building Code shall have jurisdiction to hear and decide appeals from any decision by the administrative authority regarding a waiver or failure to grant a waiver from compliance with the standards adopted pursuant to RCW 70.92.100 through 70.92.160. The provisions of the Uniform Building Code regarding the appeals process shall govern the appeals herein;
(3) Any building or structure used solely for dwelling purposes and which contains not more than two dwelling units;
(4) Any building or structure not used primarily for group A-1 through group U-1 occupancies, except for group R-3 occupancies, as set forth in the Uniform Building Code, 1994 edition, published by the International Conference of Building Officials; or
(5) Apartment houses with ten or fewer units.
[ 1995 c 343 § 3; 1989 c 14 § 9; 1975 1st ex.s. c 110 § 2.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.92 - Provisions in Buildings for Aged and Handicapped Persons. › 70.92.120 - Handicap symbol—Display—Signs showing location of entrance for handicapped.

RCW 70.92.120
Handicap symbol—Display—Signs showing location of entrance for handicapped.
All buildings built in accordance with the standards and specifications provided for in this chapter, and containing facilities that are in compliance therewith, shall display the following symbol which is known as the International Symbol of Access.
Such symbol shall be white on a blue background and shall indicate the location of facilities designed for the physically disabled or elderly. When a building contains an entrance other than the main entrance which is ramped or level for use by physically disabled or elderly persons, a sign with the symbol showing its location shall be posted at or near the main entrance which shall be visible from the adjacent public sidewalk or way.
[ 1995 c 343 § 4; 1975 1st ex.s. c 110 § 3.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.92 - Provisions in Buildings for Aged and Handicapped Persons. › 70.92.130 - Definitions.

RCW 70.92.130
Definitions.
As used in this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
(1) "Administrative authority" means the building department of each county, city, or town of this state;
(2) "Substantially remodeled or substantially rehabilitated" means any alteration or restoration of a building or structure within any twelve-month period, the cost of which exceeds sixty percent of the value of the particular building or structure;
(3) "Council" means the state building code council.
[ 1995 c 343 § 5; 1975 1st ex.s. c 110 § 4.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.92 - Provisions in Buildings for Aged and Handicapped Persons. › 70.92.140 - Minimum standards for facilities—Adoption—Facilities to be included.

RCW 70.92.140
Minimum standards for facilities—Adoption—Facilities to be included.
The *state building code advisory council shall adopt minimum standards by rule and regulation for the provision of facilities in buildings and structures to accommodate the elderly, as well as physically disabled persons, which shall include but not be limited to standards for:
(1) Ramps;
(2) Doors and doorways;
(3) Stairs;
(4) Floors;
(5) Entrances;
(6) Toilet rooms and paraphernalia therein;
(7) Water fountains;
(8) Public telephones;
(9) Elevators;
(10) Switches and levers for the control of light, ventilation, windows, mirrors, etc.;
(11) Plaques identifying such facilities;
(12) Turnstiles and revolving doors;
(13) Kitchen facilities, where appropriate;
(14) Grading of approaches to entrances;
(15) Parking facilities;
(16) Seating facilities, where appropriate, in buildings where people normally assemble.
[ 1975 1st ex.s. c 110 § 5.]
NOTES:
*Reviser's note: The "state building code advisory council" was redesignated the "state building code council" by 1985 c 360 § 11. See RCW 19.27.070.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.92 - Provisions in Buildings for Aged and Handicapped Persons. › 70.92.150 - Standards adopted by other states to be considered—Majority vote.

RCW 70.92.150
Standards adopted by other states to be considered—Majority vote.
The council in adopting these minimum standards shall consider minimum standards adopted by both law and rule and regulation in other states and the government of the United States: PROVIDED, That no standards adopted by the council pursuant to RCW 70.92.100 through 70.92.160 shall take effect until July 1, 1976. The council shall adopt such standards by majority vote pursuant to the provisions of chapter 34.05 RCW.
[ 1995 c 343 § 6; 1975 1st ex.s. c 110 § 6.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.92 - Provisions in Buildings for Aged and Handicapped Persons. › 70.92.160 - Waiver from compliance with standards.

RCW 70.92.160
Waiver from compliance with standards.
The administrative authority of any jurisdiction may grant a waiver from compliance with any standard adopted hereunder for a particular building or structure if it determines that compliance with the particular standard is impractical: PROVIDED, That such a determination shall be made no later than at the time of issuance of the building permit for the construction, remodeling, or rehabilitation: PROVIDED FURTHER, That the board of appeals provided for in chapter 1 of the Uniform Building Code shall have jurisdiction to hear and decide appeals from any decision by the administrative authority regarding a waiver or failure to grant a waiver from compliance with the standards adopted pursuant to RCW 70.92.100 through 70.92.160. The provisions of the Uniform Building Code regarding the appeals process shall govern the appeals herein.
[ 1995 c 343 § 7; 1975 1st ex.s. c 110 § 7.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.92 - Provisions in Buildings for Aged and Handicapped Persons. › 70.92.170 - Personal wireless service facilities—Rules.

RCW 70.92.170
Personal wireless service facilities—Rules.
(1) The state building code council shall amend its rules under chapter 70.92 RCW, to the extent practicable while still maintaining the certification of those regulations under the federal Americans with disabilities act, to exempt personal wireless services equipment shelters, or the room or enclosure housing equipment for personal wireless service facilities, that meet the following conditions: (a) The shelter is not staffed; and (b) to conduct maintenance activities, employees who visit the shelter must be able to climb.
(2) For the purposes of this section, "personal wireless service facilities" means facilities for the provision of personal wireless services.
[ 1996 c 323 § 5.]
NOTES:
Findings—1996 c 323: See note following RCW 43.70.600.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.96 - Alcoholism. › 70.96.150 - Inability to contribute to cost no bar to admission—Department may limit admissions.

RCW 70.96.150
Inability to contribute to cost no bar to admission.
[ 1959 c 85 § 15.]
Repealed by 1989 c 270 § 35; and subsequently recodified as RCW 70.96A.430 pursuant to 1993 c 131 § 1.
NOTES:
Reviser's note: This section was amended by 1989 c 271 § 308, without cognizance of the repeal thereof; and subsequently recodified without cognizance of the repeal thereof.
The department shall not refuse admission for diagnosis, evaluation, guidance or treatment to any applicant because it is determined that the applicant is financially unable to contribute fully or in part to the cost of any services or facilities available under the program on alcoholism.
The department may limit admissions of such applicants or modify its programs in order to ensure that expenditures for services or programs do not exceed amounts appropriated by the legislature and are allocated by the department for such services or programs. The department may establish admission priorities in the event that the number of eligible applicants exceeds the limits set by the department.
[ 1989 c 271 § 308; 1959 c 85 § 15.]
NOTES:
Reviser's note: This section was also repealed by 1989 c 270 § 35, without cognizance of its amendment by 1989 c 271 § 308; and subsequently recodified pursuant to 1993 c 131 § 1. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.
Severability—1989 c 271: See note following RCW 9.94A.510.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.97 - Enhanced Services Facilities. › 70.97.020 - Advance directives.

RCW 70.97.020
Advance directives.
A facility shall honor an advance directive that was validly executed pursuant to chapter 70.122 RCW and a mental health advance directive that was validly executed pursuant to chapter 71.32 RCW.
[ 2005 c 504 § 404.]
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. › 70.97.030 - Admission criteria.

RCW 70.97.030
Admission criteria.
A person, eighteen years old or older, may be admitted to an enhanced services facility if he or she meets the criteria in subsections (1) through (4) of this section:
(1) The person requires: (a) Daily care by or under the supervision of a mental health professional or nurse; and (b) assistance with three or more activities of daily living; and
(2) The person has: (a) A behavioral health disorder; (b) an organic or traumatic brain injury; or (c) a cognitive impairment that results in symptoms or behaviors requiring supervision and support services;
(3) The person has been assessed by the department to need the services provided in an enhanced services facility; and
(4) The person has been assessed as medically and psychiatrically stable and two or more of the following apply:
(a) Is currently residing in a state mental hospital or psychiatric unit of a hospital and the hospital has found the person to be ready for discharge;
(b) Has a history of an inability to remain medically or psychiatrically stable for more than six months;
(c) Has exhibited serious challenging behaviors within the last year;
(d) Has complex medication needs and an inability to manage these medications, which has affected their ability to live in the community;
(e) Has a history of or likelihood of unsuccessful placements in other licensed long-term care facilities or a history of rejected applications for admission to other licensed facilities based on the person's behaviors, history, or needs;
(f) Has a history of frequent or prolonged behavioral health disorder-related hospitalizations; or
(g) Requires caregiving staff with training in providing behavioral supports to adults with challenging behaviors.
[ 2020 c 278 § 2; 2019 c 444 § 15; 2005 c 504 § 405.]
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. › 70.97.040 - Rights of residents.

RCW 70.97.040
Rights of residents.
Every person who is a resident of an enhanced services facility shall be entitled to all of the rights set forth in chapter 70.129 RCW.
[ 2021 c 65 § 4. Prior: 2020 c 312 § 730; 2020 c 278 § 3; 2013 c 23 § 179; 2005 c 504 § 406.]
NOTES:
Effective date—2021 c 65 § 4: "Section 4 of this act takes effect January 1, 2022." [ 2021 c 65 § 5.]
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Effective dates—2020 c 312: See note following RCW 11.130.915.
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. › 70.97.050 - Right to refuse antipsychotic medication.

RCW 70.97.050
Right to refuse antipsychotic medication.
An individual served in a facility has a right to refuse antipsychotic medication.
[ 2020 c 278 § 4; 2005 c 504 § 407.]
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.