WSR 17-01-048

PREPROPOSAL STATEMENT OF INQUIRY

[Filed December 13, 2016, 2:02 p.m.]

Subject of Possible Rule Making: Chapter 246-260 WAC, Water recreation facilities and chapter 246-262 WAC, Recreational water contact facilities, the state board of health (board) will consider adopting requirements from the Centers for Disease Control and Prevention Model Aquatics Health Code (MAHC), modifying the rules to keep pace with changing water recreation technologies, and to improve clarity and usability including possible consolidation of all water recreation rules into a single chapter.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.90 RCW, Water recreation facilities.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The intent of this rule making is to improve public health by considering adoption of current best practices for swimming pools and spas. The rules have not been substantially revised since 1991. Since then, MAHC has been updated and industry innovations have outpaced rule requirements. The rule making will also consider adoption of longstanding guidance and changes to improve clarity and usability. This includes the possibility of consolidating all water recreation requirements into a single chapter to address redundant requirements and clarify that recreational water contact facilities (chapter 246-262 WAC) are a subset of water recreation facilities (chapter 246-260 WAC).

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other Washington state or federal agencies regulate water recreation facilities, including recreational water contact facilities.

Process for Developing New Rule: The board will use a collaborative rule-making approach to develop the proposed rules. Staff will form an advisory committee to inform rule development followed by a broad informal comment period to develop proposed rules. After the proposed rules are filed, staff will notify stakeholders of the board public hearing to consider formal comments on the proposed rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Vicki Bouvier, Division of Environmental Public Health, (360) 236-3011, Vicki.Bouvier@doh.wa.gov; or David DeLong, State Board of Health, (360) 236-4111, David.DeLong@doh.wa.gov to participate in the development of the proposed rules.

December 13, 2016

Michelle A. Davis

Executive Director