WSR 99-12-006

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed May 19, 1999, 4:12 p.m. , effective May 19, 1999 ]

Date of Adoption: May 19, 1999.

Purpose: Establish minimum licensing requirements for cherry harvest camps.

Statutory Authority for Adoption: RCW 70.54.110.

Other Authority: RCW 43.20.050(3).

Adopted under notice filed as WSR 99-08-098 on April 6, 1999.

Changes Other than Editing from Proposed to Adopted Version:
WAC Section

ChangeReason for Change
WAC 246-358-600No change.N/A
WAC 246-358-610

(1)(b)

Included submission of "proof of nitrate analysis" with application.Consistent with changes made to WAC 246-358-020, emergency rule filed May 5, 1999.
(1)(b)Changed "WAC 246-358-055(2)" to "WAC 246-358-055(3)."Incorrect reference.
(1)(b)Replaced "housing" with "camp site."Changed for consistency.
(2)(b)Replaced "is necessary" with "would serve."Grammatical change.
(3)(d)Replaced "housing" with "camp site."Changed for consistency.
(4)DELETED "246-08 or"Incorrect reference to rules.
WAC 246-358-620No change.N/A
WAC 246-358-630

Introduction

ADDED "WAC 246-358-140" to list of exemptions.The department overlooked this section when creating these rules. This section addresses tents used for cherry harvest camps.
(5)ADDED:

"(c) The tent has fifty square feet per occupant."

This language was suggested in comments to the proposed rules and introduced at the public hearing held May 11, 1999. No objections to this amendment were received at that time.
WAC 246-358-640No change.N/A
WAC 246-358-650

(1)(b)

Changed WAC 246-358-380 to WAC 246-358-680.Typographical error.
(12)Amended language from "kept clean and sanitary" to "kept in a clean and sanitary condition," and ADDED: "cleaned at least daily."This amendment was in response to comments received on the proposed rules. This change is also supported by the Epidemiological report in "Common Sense and Science."
(15)DELETED original language addressing off-camp showers.This amendment was in response to comments received on the proposed rules.
ADDED new language "Provide handwashing sinks in or adjacent to toileting areas."

This language was added to clarify enforcement provisions. It is the department's expectation that handwashing sinks be in toilet rooms or adjacent to toilet rooms, and is enforced as such, but this provision was not specifically stated in rule.
WAC 246-358-660No change. N/A
WAC 246-358-670No change.

N/A
WAC 246-358-680

(1)(d)(e)

Combined (1)(d) with (1)(e). DELETED "with warm water within one hundred feet of food preparation areas" from (1)(d).Amended in response to comments on proposed rules.
(1)(f)Becomes (1)(e) with the above change.Changes automatically with combination of (1)(d) and (e).
(1)(g)Becomes (1)(f) with above change.Changes automatically with combination of (1)(d) and (e).
(2)(b)DELETED "hot plate or camp stove" and ADDED "means of cooking."Changed for consistency.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 9, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The Washington State Department of Health finds that the Cherry Harvest Rules, WAC 246-358-600 through 246-358-680, should become effective immediately pursuant to RCW 34.05.380 (3)(c). The department finds that without an immediate effective date, imminent peril to public health, safety or welfare would result.

At the January 13, 1999, meeting of the State Board of Health, the board delegated rule-making authority for 1999 cherry harvest to the Department of Health. The department immediately initiated the rule-making process. The department's intent was to develop a set of rules that provides campsites with basic health protections. As a part of the rule-making process, public comment was received and considered.

The cherry harvest begins approximately the last week of May in Grant and parts of Benton and Franklin counties. The department has documented (1996 report to the Legislature) that approximately 16,000 migrants pick cherries in our state. There is currently little alternative housing available for migrant workers in cherry growing communities outside of the cherry camps. Without camps available, workers often live "on the river bank," that is, in isolated rural areas without safe sources of drinking water or any sanitation facilities. The health risks both to workers and to the larger community associated with such conditions include the spread of infectious disease. Workers camping in isolated areas may also be the targets of violence, vandalism and theft.

A number of cherry growers have camps that could be equipped for licensure with respect to basic safety and health standards. Some cherry growers may continue to seek licensure if rules could be implemented in time for the 1999 cherry harvest season. Licensed camps would provide additional housing for migrant workers.

The above-described conditions constitute good cause to find threat to the public health, safety, or welfare. Because the cherry harvest is imminent, observing the thirty-one day wait period for the effective date of the rules would be contrary to the public interest.

See significant analysis in rule-making file for further support.Effective Date of Rule: May 19, 1999.

May 19, 1999

Mary Selecky

Secretary

OTS-2175.6


NEW SECTION
WAC 246-358-600
Cherry harvest camps--Applicability.

(1) WAC 246-358-600 through 246-358-680 apply only to operators of cherry harvest camps during the cherry harvest season; and

(2) WAC 246-358-600 through 246-358-680 apply to:

(a) Cherry harvest camps that consist of five or more dwelling units, or any combination of dwelling units or spaces that house ten or more occupants; and

(b) Operators of cherry harvest camps who must comply with substantive state health and safety standards to qualify for MSPA.

(3) WAC 246-358-010, 246-358-030 through 246-358-175, and WAC 246-358-990 apply to cherry harvest camps, unless a specific exemption is provided in WAC 246-358-600 through 246-358-650.

(4) WAC 246-358-600 through 246-358-680 do not apply to housing regulated by chapter 59.18 RCW, Residential Landlord-Tenant Act, or chapter 59.20 RCW, Mobile Home Landlord-Tenant Act.

(5) The department will periodically review WAC 246-358-600 through 246-358-680.

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NEW SECTION
WAC 246-358-610
Cherry harvest camps--Licensing.

A cherry tent camp license is limited to twenty-one days.

(1) An operator must apply for an operating license prior to the use of the camp by submitting to the department:

(a) A completed application on a form provided by the department;

(b) Proof of a nitrate analysis, and proof of satisfactory results of a bacteriological water quality test as required by WAC 246-358-055(3); alternatively proof camp site is connected to a community water system; and

(c) A fee as specified in WAC 246-358-990.

(2) An operator may receive a license extension from the department for up to seven days when:

(a) The operator requests an extension for additional days at least three days before the license expiration date;

(b) The department in consultation with the local health jurisdiction will determine if an extension would serve to protect the public health.

(3) An operator must:

(a) Post the operating license in a place readily accessible to workers;

(b) Notify the department in the event of a transfer of ownership;

(c) Cooperate with the department during on-site inspections;

(d) Follow the plan of correction established with the department when existing camp site fails to meet the requirements in WAC 246-358-600 through 246-358-680; and

(e) Meet the transitional compliance schedule requirements in WAC 246-358-620 when applicable.

(4) An operator may appeal decisions of the department in accordance with chapter 34.05 RCW and chapter 246-10 WAC.

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NEW SECTION
WAC 246-358-620
Cherry harvest camps--Transitional compliance schedule.

A transitional compliance schedule may be approved for cherry harvest camps failing to meet a specific requirement or requirements in WAC 246-358-640, 246-358-660, 246-358-670 and 246-358-680. A transitional compliance schedule:

(1) Is a written plan of compliance developed between the department and the operator that includes a timeline for making incremental improvements for meeting specific requirements in the sections identified above.

(2) Will not exceed three years. EXCEPTION: The secretary of the department may approve a transitional compliance schedule for up to five years for operators who face extraordinary circumstances and demonstrate a good faith effort to achieve compliance.

(3) Applies to licensed operators. If an operator does not continue to be licensed to operate a cherry harvest camp and at any time thereafter again seeks licensure, the operator will resume compliance with the transitional compliance schedule as it applied at the time last licensed.

(4) Will be approved when the operator:

(a) Identifies the specific WAC section or subsection for which the transitional compliance schedule is being requested;

(b) Provides justification for the request; and

(c) Provides a description of how the intent of the requirement(s) will be met during the transitional compliance phase.

(5) Will be approved when the department determines that the transitional compliance schedule will not:

(a) Negate the purpose and intent of these rules;

(b) Place the safety or health of the camp residents in jeopardy; and

(c) Reduce the effectiveness of any fire and life safety or infection control provision in other codes or regulations.

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NEW SECTION
WAC 246-358-630
Cherry harvest camps--Location of camp area and camp management plan.

Licensed operators are exempted from the requirements of WAC 246-358-045, 246-358-075, 246-358-135 and 246-358-140 when meeting the requirements of this section. A licensed operator:

(1) Must locate the camp area:

(a) To prevent a health or safety hazard;

(b) On well-drained sites to prevent standing water from becoming a nuisance;

(c) Five hundred feet or more from a livestock operation unless the department determines that no health risk exists;

(d) More than two hundred feet from swamps, pools, sink holes, or other surface collections of water unless provisions are taken to prevent the breeding of mosquitoes; and

(e) On sites sufficient in size to prevent overcrowding of necessary structures.

(2) Must ensure that the housing site is maintained at all times in a sanitary condition free from garbage and other refuse.

(3) Must develop and implement a camp management plan and camp rules to assure that the camp is operated in a safe and secure manner and is kept within the approved capacity. Additionally, the licensed operator must:

(a) Inform camp residents of the camp rules, in a language the resident understands by providing individual copies of the rules to each camp resident or posting the rules in the camp area;

(b) Restrict the number of occupants in the camp to the camp capacity as determined by the department. The camp capacity will be determined by the number of tents and the number of persons per tent, area of the site and the ratio of occupants to the number of sinks, showers, and toilets.

(4) Must meet the following requirements for all tents within the camp, including tents provided by employees. The operator will:

(a) Provide a vapor barrier for all tents that are not on asphalt, concrete, or wooden platform; and

(b) Limit the number of occupants who can sleep in the tent to the number for which it was designed.

(5) May provide a tent for employee use when the following requirements are met:

(a) The tent has screened flaps over windows and doors with a means of fastening the flaps shut;

(b) The tent has a sewn-in floor; and

(c) The tent has fifty square feet per occupant.

(6) May allow an employee to provide his or her own trailer, recreational vehicle, camper or van if designed for sleeping. These vehicles are subject to the same occupancy requirements as a tent. Employees may use their own tents if the tents meet the following requirements:

(a) The tents are store-purchased; and

(b) The tents have a sewn-in floor.

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NEW SECTION
WAC 246-358-640
Cherry harvest camps--Adequate lighting, electricity and alternative power.

Licensed operators are exempted from the lighting requirements of WAC 246-358-075, 246-358-090, 246-358-095, 246-358-100 and 246-358-125 when meeting the requirements of this section. A licensed operator must:

(1) Provide adequate lighting:

(a) To allow for safe passage of the camp residents from the tent area to the toilets and sinks twenty-four hours per day;

(b) In cooking and food handling areas as needed for safe food preparation;

(c) In shower rooms during hours of operation; and

(d) In toilets with water flush toilets twenty-four hours per day. The lighting may be natural or artificial.

(2) Provide adequate electricity or alternate power source to:

(a) Provide adequate lighting as required by subsection (1) of this section; and

(b) Power one cubic foot of mechanical refrigeration per person per day.

(3) Ensure wiring and fixtures are installed in accordance with department of labor and industries regulations, RCW 19.28.070 and local ordinances, and maintained in a safe condition.

(4) Ensure heating, cooking, water heating, and other electrical equipment is installed in accordance with state and local ordinances, codes, and regulations governing such installation.

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NEW SECTION
WAC 246-358-650
Cherry harvest camps--Bathing, toilet and handwashing areas.

Licensed providers are exempt from the requirements of WAC 246-358-095 and 246-358-100 when meeting the requirements of this section. To meet the bathing, toileting and handwashing needs of camp residents, a licensed operator must:

(1) Provide hot and cold running water under pressure adequate to:

(a) Meet the needs of occupants as determined by the department; and

(b) Meet the requirements of WAC 246-358-680(1);

(2) Provide facilities that are kept clean and sanitary;

(3) Provide sloped, coved floors of nonslip impervious materials;

(4) Provide floor drains;

(5) Provide smooth, water impervious walls and partitions to the height of splash;

(6) Provide cleanable, nonabsorbent waste containers in or near shower rooms and toileting areas;

(7) Provide sinks and bathing facilities connected through properly trapped floor drains to an approved disposal system that complies with local ordinances;

(8) Provide water flush toilets unless privies or other methods are specifically approved by the department or local health officer according to requirements in chapter 246-272 WAC;

(9) Have a service contract for sewage pumping with a licensed waste disposal company at least weekly if vault privies or chemical toilets are approved for use. Vault privies or chemical toilets must be located at least fifty feet from any dwelling unit, space, or food handling facility;

(10) Provide an adequate supply of toilet paper in each toilet room, privy, and chemical toilet compartment;

(11) Provide clearly marked toilet rooms or chemical toilets for "men" and for "women" by signs printed in English and in the native language of the persons occupying the camp, or marked with easily-understood pictures or symbols when both men and women occupy the camp;

(12) Ensure that toilet facilities are kept in a clean and sanitary condition, cleaned at least daily;

(13) Request occupants to maintain toilet facilities in a clean and sanitary condition;

(14) Provide adequate numbers of toilets, handwashing sinks and showerheads. The department will determine the number of handwashing sinks and shower heads according to the following ratios:

HANDWASHING SINKS--One per each six to ten camp occupants or fraction thereof.

SHOWER HEADS--One per each ten to fifteen camp occupants or fraction thereof.

TOILETS--One per each ten to fifteen camp occupants of each sex with a minimum of two toilets for any facility shared by men and women; and

(15) Provide handwashing sinks in or adjacent to toileting areas.

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NEW SECTION
WAC 246-358-660
Cherry harvest camps--Personal storage.

Licensed operators must provide storage facilities for clothing and personal articles for each camp occupant.

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NEW SECTION
WAC 246-358-670
Cherry harvest camps--Cold food storage areas.

Licensed operators are exempt from cold storage requirements of WAC 246-358-125 when meeting the requirements of this section.

Licensed operators must provide mechanical refrigeration which:

(1) Allows for one cubic foot of storage per person; and

(2) Is capable of maintaining a temperature of forty-five degrees Fahrenheit.

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NEW SECTION
WAC 246-358-680
Cherry harvest camps--Food storage and preparation areas.

Licensed operators are exempt from food storage and preparation requirements of WAC 246-358-125 when meeting the requirements of this section.

(1) The licensed operator must provide:

(a) Covered food preparation and cooking areas to protect the food from the elements, including dust;

(b) Food storage areas adequate to protect food from attracting rodents and insects;

(c) Easily cleanable food preparation areas;

(d) Handwashing facilities and dishwashing facilities with hot water within one hundred feet of food preparation areas;

(e) Adequate tables and chairs or benches for the camp residents; and

(f) An operable hot plate or camp stove with a minimum of one cooking surface for every four adult occupants or one family group. The department may determine that a metal or stone barbecue, with fuel provided, may be substituted for one-half of the required number of hot plates or camp stoves.

(2) At their own option, occupants may provide their own means of cooking in lieu of having a hot plate or camp stove provided by the licensed operator when:

(a) The means of cooking meets applicable safety standards; and

(b) The licensed operator documents that a camp occupant chose not to use the means of cooking provided by the licensed operator.

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Washington State Code Reviser's Office