WAC 162-26-040     Definitions.      (1) Place of public accommodation. RCW 49.60.040 gives the following definition:

     "'Any place of public resort, accommodation, assemblage, or amusement' includes, but is not limited to, any place, licensed or unlicensed, kept for gain, hire, or reward, or where charges are made for admission, service, occupancy, or use of any property or facilities, whether conducted for the entertainment, housing, or lodging of transient guests, or for the benefit, use, or accommodation of those seeking health, recreation, or rest, or for the burial or other disposition of human remains, or for the sale of goods, merchandise, services, or personal property, or for the rendering of personal services, or for public conveyance or transportation on land, water, or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports, or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation, or public purposes, or public halls, public elevators, and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or educational institution, or schools of special instruction, or nursery schools, or day care centers or children's camps: Provided, That nothing contained in this definition shall be construed to include or apply to any institute, bona fide club, or place of accommodation, which is by its nature distinctly private, including fraternal organizations, though where public use is permitted that use shall be covered by this chapter; nor shall anything contained in this definition apply to any educational facility, columbarium, crematory, mausoleum, or cemetery operated or maintained by a bona fide religious or sectarian institution;"

     (2) General definitions. General definitions applicable throughout the commission's regulations are set out in WAC 162-04-010. These include the following:

     "'Disability' is short for the term 'the presence of any sensory, mental, or physical disability' used in the law against discrimination, and means the full term."

     (3) Definitions special to this chapter. The following words or phrases are used in this chapter in the meaning given, unless the context clearly indicates another meaning.

     "Accessible" means usable or understandable by a person with a disability, with reasonable effort and in reasonable safety.

     "Arranged service" means making the services or goods of a place of public accommodation available to a person with a disability at a place or in a way that is different from the place or way that the service is offered to the public in general in order to serve the person. See WAC 162-26-090.

     "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog that is trained for the purpose of assisting hearing impaired persons.

     "Fair service" means the service required by RCW 49.60.215 for disabled persons in places of public accommodation. Depending on the circumstances, fair service may be in the form of (a) same service, (b) reasonable accommodation, or (c) arranged service. These terms are defined in this chapter. See also "service" and "fairly serve."

     "Fairly serve" means to provide fair service.

     "Place of public accommodation" is short for "place of public resort, accommodation, assemblage, or amusement" and means the full term.

     "Reasonable accommodation" means action, reasonably possible in the circumstances, to make the regular services of a place of public accommodation accessible to persons who otherwise could not use or fully enjoy the services because of the person's sensory, mental, or physical limitations. See WAC 162-26-080.

     "Same service" means service without regard to the existence of a disability. See WAC 162-26-060.

     "Service" means everything available to persons from a place of public accommodation.

     "Service animal" means an animal that is trained for the purpose of assisting or accommodating a disabled person's sensory, mental, or physical disability.

     "Structural" is defined in WAC 162-26-100(5).

     "Unfair service" means service not in compliance with RCW 49.60.215. See "fair service."

[Statutory Authority: RCW 49.60.120(3) and 1997 c 271. 98-08-035, 162-26-040, filed 3/23/98, effective 4/23/98. Statutory Authority: RCW 49.60.120(3). 82-19-086 (Order 41), 162-26-040, filed 9/22/82.]