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KITTITAS COUNTY <br />DEPARTMENT OF PUBLIC WORKS <br />PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS <br />STUDY SESSION STAFF REPORT <br />STUDY SESSION DATE: March 28, 2022 <br />TOPIC: Recreation Liability <br />ACTION REQUESTED: Direct Staff <br />LEAD STAFF: <br />Mark R. Cook <br />RECOMMENDATION: <br />Direct staff obtain additional insurance implications from the Washington State Risk <br />Pool. <br />BRIEFING SUMMARY: <br />• The County's ability to acquire lands for recreation purposes in defined in state <br />law at Revised Code of Washington (RCW) 36.34.340 (EXHIBIT 1) <br />• RCW 36.68.090 defines the County's ability to build recreation improvements <br />(EXHIBIT 2) <br />• RCW 79A.35.110 addresses volunteer liability working on County recreation <br />lands (EXHIBIT 3) <br />• Liability of recreation lands attached to landowners is defined at RCW 4.24.210 <br />(EXHIBIT 4) <br />• Tortious conduct whereby the County may be sued is defined at RCW 4.96.010 <br />(EXHIBIT 5) <br />• RCW 4.24.210 (4)(a) suggests that it is prudent for Public Works (PW) to develop <br />trailhead signage noticing of the dangers associated with wheeled vehicle use on <br />pedestrian trails. <br />BACKGROUND: <br />During a recent PW briefing on Towns to Teanaway and pending assumption of trail <br />easements by PW, Commissioner Osiadacz requested additional information on County <br />recreation liabilities. PW has reviewed relevant state statues and is now ready to share <br />the information with the Board of County Commissioners (BOCC). <br />DISCUSSION: <br />Review of relevant state statues surrounding County recreational facilities underscores <br />two things: immunity (4.24.210) is attached to "...without charging a fee of any <br />kind..." and "Nothing in this section shall prevent the liability of a landowner or others in <br />lawful possession and control for injuries sustained to users by reason of a known <br />dangerous artificial latent condition for which warning signs have not been <br />conspicuously posted" (RCW 4.24.210 (4)(a)). <br />Page 1 of 7 <br />Public Works "Work Session Staff Report", 2022 <br />