SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: Chapter 388-76 WAC, Adult family home licensing; WAC 388-76-76505 (3) and (4) What physical structure requirements must the provider ensure that the home meets?
The rule applies to the building requirements for licensing of adult family homes.
Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on March 8, 2005, at 10:00 a.m.
Date of Intended Adoption: Not earlier than March 9, 2005.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail email@example.com, fax (360) 664-6185, by 5:00 p.m., March 8, 2005.
Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by March 4, 2005, TTY (360) 664-6178 or (360) 664-6097.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to update the outdated building code references in the existing adult family home licensing rule to be consistent with the codes adopted by the state Building Code Council under chapter 19.27 RCW relating to adult family homes.
Reasons Supporting Proposal:
• Amends the existing adult family home licensing rule to be consistent with the statewide building code requirements as adopted by the state Building Code Council.
• Provides the local authority having jurisdiction (local building officials) with a single set of building code regulations to enforce for adult family homes.
Statutory Authority for Adoption: RCW 70.128.040.
Statute Being Implemented: Chapter 70.128 RCW, Adult family homes.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: A CR-101 preproposal notice was not filed and is not required for rules incorporating by reference the rules of other state agencies, see RCW 34.05.310 (4)(c).
Name of Proponent: Department of Social and Health Services, governmental.
Name of Agency Personnel Responsible for Drafting: Roger A. Woodside, 4500 10th Avenue S.E., Lacey, WA, (360) 725-3204; Implementation and Enforcement: Joyce P. Stockwell, 4500 10th Avenue S.E., Lacey, WA, (360) 725-2404.
No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 34.05.310 (4)(c) exempts this rule from the requirement of a small business economic impact statement as the rule...adopts and incorporates by reference without material change...rules of other Washington state agencies...and the material adopted and incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(b)(iii) exempts this rule from the requirement of a cost-benefit analysis as the rule...adopts and incorporates by reference without material change...rules of other Washington state agencies...and the material adopted and incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
January 24, 2005
Andy Fernando, Manager
Rules and Policies Assistance Unit3506.2
(2) It is the responsibility of the provider to check with local authorities to ensure all local codes are met.
(3) Effective July 1, ((
2001)) 2004, the following
(( must)) adult family homes must meet requirements in WAC
(( 51-40-0310.14 Requirements for group R occupancies))
51-51-0324 Section R324, Adult family homes as established by
the Washington state building code council:
(a) Any single-family dwelling that has been newly constructed meeting all current applicable building codes, that has never been occupied, and that has a pending adult family home license application with the department;
(b) Any single-family dwelling being converted for use as an adult family home.
(4) WAC ((
51-40-0310)) 51-51-0324 Section R324 - Adult
family homes does not apply to adult family homes licensed
before July 1, (( 2001)) 2004, that are being sold or
transferred for the purpose continuing the operation of a
licensed adult family home under new ownership.
(5) Windows in every room used by residents must be free of obstructions.
(6) When resident bedroom windows are fitted with storm windows, the provider must equip the storm windows with release mechanisms that are easily opened from the inside without the use of a key or special knowledge or effort.
(7) The provider must ensure that every occupied area used by residents receiving care and services has access to one or more exit and must not pass through a room, garage, or other space subject to being locked or blocked from the opposite side.
(8) Every occupied area used by residents must not be accessible only by ladder, folding stairs, or trap door.
(9) The provider must ensure that every bathroom door lock opens from the outside in an emergency.
(10) The provider must ensure that every closet door opens from the inside and outside.
(11) The provider must ensure that exit doors leading to the outside will open from the inside without the use of a key or any special knowledge or effort.
[Statutory Authority: RCW 70.128.040, 70.128.130, and 70.128.140. 02-20-004, § 388-76-76505, filed 9/18/02, effective 10/19/02.]