Title 70 — Title 70 PUBLIC HEALTH AND SAFETY

(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 c…

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…

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 s…

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 …

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 s 10; 1986 c 236 s 10.]

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 …

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 s 11.]

(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 agg…

(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…

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 healt…

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 resi…

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 s 1…

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 Cod…

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 …

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 substan…

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:(…

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 sha…

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 b…

(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, …

[ 1959 c 85 s 15.]Repealed by 1989 c 270 s 35; and subsequently recodified as RCW 70.96A.430 pursuant to 1993 c 131 s 1.Notes:Reviser's note: This section was amended by 1989 c 271 s 308, without cognizance of the repeal thereof; and subsequently recodified without cognizance of …

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Behavioral health disorder" means either a mental disorder, a substance use disorder, or co-occurring mental disorder and substance use disorder.(2) "Department" means…

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 s 404.]Notes:Findings—Intent—Severability—Application—Construction—Capti…

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…

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 s 4. Prior: 2020 c 312 s 730; 2020 c 278 s 3; 2013 c 23 s 179; 2005 c 504 s 406.]Notes:Effective date—2021 c 65 s 4: "Section 4 of th…

An individual served in a facility has a right to refuse antipsychotic medication.[ 2020 c 278 s 4; 2005 c 504 s 407.]Notes:Findings—Intent—Severability—Application—Construction—Captions, part headings, subheadings not law—Adoption of rules—Effective dates—2005 c 504: See notes f…

(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 exte…

(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 i…

(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 activi…

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 un…

(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.(…

(1) In any case in which the department finds that a licensee of a facility, or any partner, officer, director, owner of five percent or more of the assets of the facility, or managing employee failed or refused to comply with the requirements of this chapter or the rules establi…

(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 …

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 fa…

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 s 416.]Notes:Findings—Intent—Severability—Application—Construct…

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 fa…

(1) The department shall make or cause to be made at least one inspection of each facility prior to licensure and an unannounced full inspection of facilities at least once every eighteen months. The statewide average interval between full facility inspections must be fifteen mon…

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…

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 s 420.]Notes:Findings—Intent—Severability—A…

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, o…

(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 …

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, a…

(1) The department shall require each enhanced services facility to:(a) Create and regularly maintain a current resident roster containing the name and room number of each resident and provide a written copy immediately upon an in-person request from any long-term care ombuds;(b)…

(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 applicabl…

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…

(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…

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 o…

(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 …

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 s 3.]

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 p…

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 education…