AGO Opinion Topics: BOARD HEALTH

1.  A county health board may lawfully order the fluoridation of a water supply system owned and operated by a public utility district and located within the county’s jurisdiction.  2.  Subject to constitutional requirements, a county health board may lawfully order a public utility district to fluoridate a discrete portion of the PUD’s water supply system.  3.  A county health board may enact a regulation requiring the fluoridation of water supply systems generally but, subject to constitutional requirements, a generally applicable regulation is not prerequisite to the issuance of enforcement orders on the subject.  4.  A county health board may lawfully order the fluoridation of a water supply system where the order is contingent upon a third-party source of funding for the fluoridation process.

The State Board of Health, acting pursuant to RCW 9.02.070, may sanction the performance of second trimester abortions in medical facilities other than an accredited hospital where such medical facilities meet standards prescribed by regulations issued by the Board for the safe and adequate care and treatment of patients.

1.  RCW 19.27.097 provides that an applicant for a building permit must provide evidence of an adequate supply of potable water.  The authority to make this determination is the local agency that issues building permits.  2.  The Legislature has authorized the Board of Health to establish, and the Department of Health to enforce, a comprehensive regulatory scheme for public water systems. In determining whether water to be supplied from a public water system constitutes an adequate water supply for purposes of RCW 19.27.097, the local agency issuing building permits must apply the standards set by the Board of Health.  3.  If water is not supplied from a public water system, the local agency issuing building permits has more discretion to determine if the water supply is adequate for purposes of RCW 19.27.097.  At a minimum, there must be sufficient quality and quantity of water for the intended purpose of the building.