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SUBJECTS › LEGAL › Recent Regulations of Interest to City, Town, and County Officials From the Washington State Register
Updated 8/15/08

Recent Regulations of Interest to City, Town, County, and Special District Officials From the Washington State Register

The following items from recent issues of the state register may be of interest to you. (This is not a complete list of all new regulations that affect cities, towns, counties, or special purpose districts in Washington State, but a selection of highlights.) You may also search the complete text of recent issues of the Washington State Register (1997 - present) or use the index to the Register.

| Proposed Regulations | Regulations Proposed for Expedited Adoption | Permanent Regulations |
| Emergency Regulations | Miscellaneous |

Proposed Regulations    

  1. WSR 08-02-082 (Ch. 212-12 WAC): the Washington State Patrol proposes amendments to the fire marshal standards to correspond with the 2006 building and fire codes and to most accurately reflect the state fire marshal's procedures.   
  2. WSR 08-08-060 (Ch. 434-662 WAC): the Secretary of State proposes rules to establish procedures for use of the Washington State digital archives for storage of electronic public records.
  3. WSR 08-12-007 (WAC 139-05-210): the Criminal Justice Training Commission proposes amendments to the rule governing the basic law enforcement certificate of equivalency.  The rule sets the standards for admission to the equivalency academy and defines the status an officer has as a result of attending and successfully completing the equivalency academy. The completion of the equivalency is required by RCW as a condition of continuing employment as a peace officer if the officer has had a break of law enforcement service in excess of 24 consecutive months, or has received a conditional offer of employment as a peace officer and has completed a basic law enforcement academy in another state.   
  4. WSR 08-15-041 (Ch. 479-10 WAC): the Transportation Improvement Board proposes new rules to implement the small city pavement preservation and sidewalk account, chapter 83, Laws of 2005.
  5. WSR 08-16-093 (Ch. 463-61 WAC): the Energy Facility Site Evaluation Council proposes rules that describe a mandatory preapplication process required prior to filing an application with the energy facility site evaluation council (EFSEC) to site electrical transmission lines that are 115 kilovolts or greater.

Regulations Proposed for Expedited Adoption 

  1. WSR 08-13-081 (WAC 391-25-440 ): the Public Employment Relations Commission proposes a rule establishing a process to allow unrepresented employees the opportunity to vote on whether they wish to be included in an existing bargaining unit. 
  2. WSR 08-13-082 (WAC 296-800-310): the Department of Labor and Industries proposes amendments to the rule addressing exit routes and employee alarm systems. The Occupational Safety and Health Administration has found the department's rule regarding exit routes and employee alarm systems not at-least-as-effective-as the federal rule. The proposed changes will make that rule as effective as the federal equivalent.

Permanent Regulations 

  1. WSR 08-01-101 (Ch. 51-54 WAC): the Building Code Council adopts amendments to the 2006 edition of the International Fire Code.
  2. WSR 08-01-102 (Ch. 51-51 WAC): the Building Code Council adopts amendments to the 2006 edition of the International Residential Code.
  3. WSR 08-01-110 (Ch. 51-50 WAC): the Building Code Council adopts amendments to the 2006 edition of the International Building Code.
  4. WSR 08-03-061 (Ch. 246-290 WAC): the Department of Health adopts rules to incorporate the municipal water law passed by the Washington state legislature and the federal rule Long Term 2 Enhanced Surface Water Treatment Rule into chapter 246-290 WAC.
  5. WSR 08-04-021 (WAC 390-05-225): the Public Disclosure Commission adopts rule to provide guidance to county auditors and provide uniformity in calculating the count of registered voters for the purposes under chapter 42.17 RCW.
  6. WSR 08-04-050 (Ch. 458-30 WAC): the Department of Revenue adopts amendments to provide information about the rate of inflation that is used by county officials to calculate interest on deferred special benefit assessments when farm and agricultural or timber land is removed or withdrawn from classification under chapter 84.34 RCW, the open space program.
  7. WSR 08-04-051 (Ch. 458-30 WAC): the Department of Revenue adopts amendments to provide county assessors with the rate of interest and property tax component used in valuing farm and agricultural land classified under chapter 84.34 RCW (the open space program).
  8. WSR 08-05-029 (Ch. 448-15 WAC): the State Toxicologist adopts a rule amendment to add the Alcosensor FST to the list of approved breath alcohol screening devices, and to clarify the purposes for which the screening devices are to be used and the steps that must be followed to ensure a valid test.
  9. WSR 08-05-120 (Chs. 434-250, 434-253, 434-262, 434-263, 434-335, 434-369, 434-381 WAC): the Secretary of State adopts rule amendments (Cycle 5 Rules of 2007) governing elections and dealing with matters such as forwarding ballots, redistricting, the voters' pamphlet, the HAVA complaint process, and logic and accuracy tests. 
  10. WSR 08-10-026 (Ch. 136-400 WAC): the Country Road Administration Board adopts amendments to the rules for the county ferry capital improvement program.
  11. WSR 08-12-019 (Ch. 246-290 WAC): the Department of Ecology adopts amendments to the Group A public water supplies regulations, chapter 246-290 WAC, to be consistent with RCW 70.119A.180, which addresses water use efficiency requirements.
  12. WSR 08-12-035 (WAC 458-20-145): the Department of Revenue adopts amendments to the rule addressing the local sales and use tax collection responsibilities of persons making retail sales in Washington.  Effective July 1, 2008, RCW 82.32.730 and 82.14.490 require sellers collecting local retail sales tax in Washington to implement new local retail sales tax sourcing rules. This rule clarifies the local sourcing rules applicable to the retail sales of tangible personal property, retail services, extended warranties, and leases of tangible personal property by amending WAC 458-20-145.
  13. WSR 08-15-052 (Chs. 434-208, 434-215, 434-220, 434-230, 434-250, 434-253, 434-260, 434-262, 434, 324, 434-335, 434-381 WAC): the Secretary of State adopts rules to implement Initiative 872 (top two primary) for partisan public office, and to address elections for political party precinct committee officers and president and vice-president in the context of Initiative 872. The rules also address absentee ballots, certification of election administrators, instructions for correcting a vote, recounts, and notices to voters.
  14. WSR 08-15-112 (WAC 415-104-455): the Department of Retirement Systems adopts a rule to implement SB 6723 (2006), which provides for the payment of health care insurance premiums for spouses and dependent children of members of LEOFF Plan 2 who die in the line of duty. 
  15. WSR 08-16-042 (WAC 136-161-080): the County Road Administration Board adopts amendments to the rule addressing limitations on allocations of RATA funds to counties.
  16. WSR 08-16-044 (Ch. 136-170 WAC): the County Road Administration Board (CRAB) adopts amendments and new rules to better define the rules for combining of CRAB/county contracts.
  17. WSR 08-16-059 (WAC 458-07-035): the Department of Revenue amends WAC 458-07-035 to recognize chapter 17, Laws of 2008 (HB 1149), which eliminated the requirement for an advance property tax deposit when recording a binding site plan. This amendment removes a reference to "binding site plan" from WAC 458-07-035 (3)(a).
  18. WSR 08-16-062 (WAC 458-14-015): the Department of Revenue amends WAC 458-14-015 to add the jurisdiction of the boards of equalization to hear appeals from decisions of the assessor pursuant to RCW 84.37.040 regarding deferrals under chapter 84.37 RCW, the property tax limited income deferral program, as approved by the legislature in its November 2007 special session.  
  19. WSR 08-16-063 (WAC 458-16-115 ): the Department of Revenue amends WAC 458-16-115 to conform to SSHB [2SHB] 3104 (chapter 6, Laws of 2008). SSHB [2SHB] 3104 extended the rights and liabilities of spouses under RCW 84.36.110 and 84.36.120 to domestic partners.
  20. WSR 08-16-075 (WAC 458-16A-100 ): the Department of Revenue amends WAC 458-16A-100 to conform to SSHB [2SHB] 3104 (chapter 6, Laws of 2008), SSB 5256 (chapter 182, Laws of 2008), and legislation since 2003. SSHB [2SHB] 3104 extended the rights and liabilities of spouses under RCW 84.36.110 and 84.36.120 to domestic partners. SSB 5256 changed the calculation for excluding veteran's benefits from the income calculation for the senior citizen, disabled person, and 100 percent disabled veteran exemption.
  21. WSR 08-16-076 (WAC 458-16A-150 ): the Department of Revenue amends WAC 458-16A-150 to conform to SSHB [2SHB] 3104 (chapter 6, Laws of 2008), SB 6338 (chapter 62, Laws of 2006), HB 1019 (chapter 248, Laws of 2005), and SB 5034 (chapter 27, Laws of 2004). SSHB [2SHB] 3104 extended the rights and liabilities of spouses under RCW 84.36.381 to domestic partners. SB 6338 changed the definition of "residence" for purposes of the senior citizen, disabled person, and 100 percent disabled veteran exemption. HB 1019 extended the former senior citizen and disabled person exemption to veterans of the armed forces of the United States with 100 percent service connected disability. SB 5034 raised income and valuation limits for qualifying for the senior citizen and disabled person exemption; increased the circumstances under which claimants may qualify for the exemption without residing in their residences; added a definition for "disability"; and added additional deductions for the purpose of calculating "disposable income."
  22. WSR 08-16-077 (Ch. 458-18 WAC): the Department of Revenue amends WAC 458-18-020 and 458-18-100 to conform to SSHB [2SHB] 3104 (chapter 6, Laws of 2008). SSHB [2SHB] 3104 extended the rights and liabilities of spouses under RCW 84.36.110 and 84.36.120 to domestic partners.
  23. WSR 08-16-078 (Ch. 458-16A WAC): the Department of Revenue amends WAC 458-16A-110, 458-16A-115, 458-16A-120, and 458-16A-130 to conform to SSHB 3104 [2SHB] (chapter 6, Laws of 2008), SSB 5256 (chapter 182, Laws of 2008), SB 6338 (chapter 62, Laws of 2006), HB 1019 (chapter 248, Laws of 2005), and SB 5034 (chapter 27, Laws of 2004).
  24. WSR 08-16-079 (Ch. 458-16A WAC): the Department of Revenue amends WAC 458-16A-135 and 458-16A-140 to conform to SSHB [2SHB] 3104 (chapter 6, Laws of 2008), SSB 5256 (chapter 182, Laws of 2008), SB 6338 (chapter 62, Laws of 2006), HB 1019 (chapter 248, Laws of 2005), SB 5034 (chapter 27, Laws of 2004), and SB 5758 (chapter 53, Laws of 2003). SB 5758 clarified language related to gender and perjury in RCW 84.36.387.
  25. WSR 08-16-080 (WAC 458-18-010): the Department of Revenue amends WAC 458-18-010 to conform to SSHB [2SHB] 3104 (chapter 6, Laws of 2008). SSHB [2SHB] 3104 extended the rights and liabilities of spouses under RCW 84.38.030, 84.38.130, and 84.38.150 to domestic partners.

Emergency Regulations 

  1. WSR 08-09-001 (WAC 51-54-0400): the Building Code Council adopts, effective April 2, amendments to the 2006 International Fire Code for consistency with chapter 406, Laws of 2007, which requires that school districts have an updated plan in place by September 1, 2008, to include drills for sheltering-in-place and lockdown in addition to fire drills.
  2. WSR 08-10-010 (Ch. 434-215): the Secretary of State adopts, effective April 24, rules to implement candidate filing for the 2008 primary and general elections.
  3. WSR 08-10-055 (Chs. 434-220, 434-230, 434-208, 434-215, 434-250, 434-253, 434-262, 434-385, 434-381): the Secretary of State adopts, effective May 2, rules to implement Initiative 872 for the 2008 primary and general elections.
  4. WSR 08-12-013 (Chs. 434-230, 434-264 WAC): the Secretary of State adopts, effective May 27, rules to implement Initiative 872 for partisan public offices, and to administer political party precinct committee officer elections, for the 2008 primary and general elections.

Miscellaneous 

  1. WSR 08-02-092: the Department of Ecology is reissuing, effective February 16, 2008, a general permit to cover the control of aquatic noxious weeds and quarantine-listed weeds in and around surface waters of the state.  The title of the revised permit is "Aquatic Noxious Weed Control National Pollutant Discharge Elimination System and State Waste Discharge General Permit." This revokes and replaces the aquatic noxious weed control general permit that expired on June 14, 2007.
  2. WSR 08-09-009 (CrRLJ 2.1, IRLJ 2.1): the state supreme court proposes court rule amendments regarding standardized citation forms.
  3. WSR 08-10-100: Public Notice, Draft Washington State Department of Transportation Municipal Stormwater General Permit: the Department of Ecology proposes to issue a general permit to the Washington Sate Dpartment of Tansportation (WSDOT) to cover discharges from its municipal separate storm sewer system (MS4). MS4s are conveyances or a system of conveyances including roads with drainage systems, streets, catch basins, ditches, man-made channels, and storm drains. Upon issuance, this permit will replace WSDOT's existing coverage under the Phase I Municipal general permits (WASM10001, WASM20001, and WASM30001) for the activities that WSDOT uses to manage stormwater runoff to surface waters of the state.