LABOR AND INDUSTRIES
Preproposal statement of inquiry was filed as WSR 99-01-178.
Title of Rule: Chapter 296-150T WAC, Factory-built temporary worker housing structures.
Purpose: To adopt and enforce rules for the alteration, construction, and approval of factory-built temporary worker housing in order to ensure public safety and appropriate housing standards.
Statutory Authority for Adoption: RCW 43.22.480.
Statute Being Implemented: Chapter 43.22 RCW.
Summary: The rules cover construction requirements, design plan approval, inspections, insignia requirements, building codes, used structures, manufacturing codes, and fees for factory-built temporary worker housing.
Reasons Supporting Proposal: This chapter implements changes to chapter 43.22 RCW and RCW 43.70.337, which require that the department adopt and enforce rules in conformity with the standards and specifications contained in the temporary worker housing code and pertaining to alteration, construction, and approval of a manufactured structure to be used for temporary worker housing.
Name of Agency Personnel Responsible for Drafting: Dan Wolfenbarger, Tumwater, Washington, (360) 902-5225; Implementation and Enforcement: Patrick Woods, Tumwater, Washington, (360) 902-6348.
Name of Proponent: Department of Labor and Industries, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: A new chapter is proposed to implement the statutory requirements of 2SSB 6168, Housing for temporary workers, 1998 legislative session. The bill directed the Department of Health to adopt by rules a "temporary worker building code" and the Department of Labor and Industries to adopt rules implementing the "temporary worker building code" to include structures built in a factory.
The proposed regulations are intended to provide standards for safe and secure housing for temporary workers by ensuring that all factory-built housing or factory-built commercial structures are safe and structurally sound in conformance with the temporary worker building code adopted by Department of Health.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required when the rules are explicitly and specifically dictated by statute, in accordance with RCW 19.85.025(2). Since these rules were mandated by SB 6168 in the 1998 legislative session, the department is therefore exempt from this requirement.
RCW 34.05.328 does not apply to this rule adoption. The proposal to adopt chapter 296-150T WAC, Factory-built temporary worker housing structures, is driven by statutory changes to RCW 43.22.480 which require the department to adopt and enforce rules that conform to the temporary worker building code adopted by the Department of Health. Therefore, the proposed new chapter is exempt from the significant legislative rule-making criteria (RCW 34.05.328 (5)(b)(iii)).
Hearing Location: Cavanaugh's at Yakima Center, Upper Terrace, 607 East Yakima Avenue, Yakima, WA, on May 11, 1999, at 1:00 p.m.; and at the Department of Labor and Industries Building, Room S117, 7273 Linderson Way, Tumwater, WA, on May 14, 1999, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Elaine Fischer (360) 902-6411, by May 3, 1999, TDD (360) 902-5797.
Submit Written Comments to: Dan Wolfenbarger, Chief Factory Assembled Structures Inspector, Department of Labor and Industries, P.O. Box 44440, Olympia, WA 98504-4440, by May 14, 1999. Fax comments (must be ten pages or less) to (360) 902-5292.
Date of Intended Adoption: May 28, 1999.
April 5, 1999
FACTORY-BUILT TEMPORARY WORKER HOUSING STRUCTURES
(1) This chapter is authorized by RCW 43.22.420, 43.22.434 and 43.22.450 through 43.22.490, covering the construction and approval of factory-built temporary worker housing.
(2) This chapter applies to the approval:
(a) Of factory-built temporary worker housing structures; and
(b) After occupancy of a factory-built temporary worker housing structure, all inspections are done by the department of health.
"Approved" is approved by the department of labor and industries."Damaged in transit" is damage that effects the integrity of the structural design or damage to any other system referenced in the codes required by the temporary worker housing construction standard.
"Department" is the department of labor and industries. The department may also be referred to as "we" or "us" in this chapter. Note: You may contact us at: Department of Labor and Industries, Specialty Compliance, PO Box 44440, Olympia, WA 98504-4440.
"Department of health" is the state agency responsible for adopting by rule a "temporary worker housing construction standard." You may contact them for copies of the "temporary worker housing construction standards" at: Department of Health, PO Box 47852, Olympia, WA 98504-7852.
"Design option" is a design that a manufacturer may use as an option to its design plan.
"Design plan" is a plan for the construction of factory-built temporary worker housing that includes floor plans, elevation drawings, specifications, engineering data, or test results necessary for a complete evaluation of the design. The design plan expires one year after approval or when a new temporary worker housing construction standard becomes effective or the electrical code as adopted by chapter 296-46 WAC adopts a new code. Electrical code changes if minor may be made by submitting an addendum.
"Equipment" is all material, appliances, devices, fixtures, fittings, or accessories used in the manufacture, assembly, installation, or alteration of factory-built temporary worker housing structures.
"Factory assembled structure (FAS) advisory board" is a board authorized to advise the director of the department regarding the issues and adoption of rules relating to factory-built temporary worker housing structures. (See RCW 43.22.420.)
"Factory-built temporary worker housing" is housing designed and constructed to the requirements in chapter 246-359 WAC, "temporary worker housing construction standard" as promulgated by the department of health for human occupancy. The structure which is entirely or substantially prefabricated or assembled at a place other than a building site. (See RCW 43.22.450(3).)
"Insignia" is a label that we attach to a structure to verify that a factory-built temporary worker housing structure meets the requirements of this chapter.
"Install" is to erect or set in place a structure at a building site. It may also be the construction or assembly of a component as part of a factory-built temporary worker housing.
"Listed" is a piece of equipment, a component, or an installation that appears in a list published by a testing or listing agency and is suitable for use in a specified manner.
"Listing agency" is an organization whose business is approving equipment, components, or installations for publication.
"Local enforcement agency" is the department of health with power to enforce regulations governing the installation of factory-built temporary worker housing.
"Manufacturing" is making, fabricating, forming, or assembling a factory-built temporary worker housing structure.
"Repair" is the replacement, addition, modification, or removal of any construction, equipment, system, or installation to correct damage in transit or during on-site installation before occupancy.
"Unit" is a factory-built temporary worker structure.
(1) To enforce this chapter, we or another governmental inspection agency will inspect each factory-built temporary worker housing structure that is sited in Washington. Inspections will be conducted during normal work hours or at other reasonable times. (See WAC 296-150T-0070.)
(2) We will inspect each unit as required by the temporary worker housing construction standard and the electrical code. (See WAC 296-150T-0500.)
We will only release manufacturing information such as design plans, specifications, and test results according to the requirements of the Public Records Act (see RCW 42.17.310 (1)(h)) unless we are ordered to do so by a court or otherwise required by law.
(1) We may prohibit the installation of factory-built temporary worker housing structures if they do not conform to the requirements of this chapter. (See RCW 43.22.465.)
(2) If an inspection reveals that a factory-built temporary worker hosing structure violates this chapter, we may obtain a temporary injunction enjoining the installation of any nonconforming structure. The injunction may be made permanent at the discretion of the court.
(1) We may enter into reciprocal agreements with states who have construction standards that are equal to or greater than our standards for factory-built structures.
(2) When we have a reciprocal agreement with another state:
(a) The reciprocal state inspects factory-built temporary worker housing structures manufactured in that state before shipment into Washington to ensure compliance with our laws. After inspection, the reciprocal state applies our insignia.
(b) The department inspects factory-built structures manufactured in Washington before shipment into the reciprocal state to ensure compliance with their laws. After inspection, we apply the insignia of the reciprocal state.
(3) Reciprocal agreements shall remain on file.
(1) A local enforcement agency (city or county), under contract with us, can inspect factory-built temporary worker housing. In some cases their contract may be limited to specific portions of an inspection at specified manufacturing locations.
(2) After approving a unit, the local enforcement agency will attach the insignia, which indicates the unit has passed inspection.
(1) If we determine you are in violation of this chapter, you will receive a notice of noncompliance.
(2) If you disagree with our decision, you can send us a written request for a hearing, stating why you disagree.
(3) After we receive your hearing request, we will:
(a) Schedule a hearing within thirty days after we receive your request.
(b) Notify you of the time, date, and place for the hearing. If you fail to appear, your case will be dismissed.
(c) Hear your case.
(d) Send you written notice of our decision.
If you disagree with our decision, you may appeal it under the Administrative Procedure Act (chapter 34.05 RCW).
The factory assembled structures (FAS) board advises us on issues relating to structural, plumbing, mechanical, electrical, installation, inspections, and rules for factory-assembled structures. (See RCW 43.22.420.)
We provide field technical service to factory-built temporary worker housing manufacturers for an hourly fee. Field technical service may include an evaluation, consultation, plan examination, interpretation, and clarification of technical data relating to the application of our rules. It does not include inspections.
A person who believes that a structure or component does not meet the requirements of this chapter may register a complaint with the department. The complaint must be in writing and must specifically describe the alleged violations of this chapter. Upon receipt of the complaint, the department will forward a copy to the appropriate manufacturer and/or dealer and they shall have thirty days to respond to it. If the department determines that an inspection is necessary, the manufacturer/dealer shall pay the department for the cost of the inspection. The cost of the inspection is based upon the fee schedule in WAC 296-150T-3000 and includes the hourly inspection fee, travel costs and other expenses incurred as a result of the inspection.
An applicant may apply for the use of alternate materials, alternate design and methods of construction different from the requirements of this chapter by filing a written request with the department.
(1) Responsibilities of applicant. The applicant must submit in writing the following information and sign and date the request.
(a) The applicant's name, address and phone number;
(b) The specific requirement or requirements from which the alternate material, alternate design or method of construction is requested;
(c) Adequate justification that the requirements of this chapter cannot be met without using alternate materials, alternate design or method of construction;
(d) How the use of alternate materials, alternate design or method of construction will achieve the same result as the requirement and any specific alternative measures to be taken to show the alternate provides the same level of protection to life, safety and health as the requirements.
The department has a form that you may use for your request. Contact the department at the address shown in the definition section.
(2) Responsibilities of the department. The department will provide a written response to the applicant within thirty days of receipt of the written request. The written response will state the acceptance or denial of the request, including the reasons for the department's decision. At a minimum the department will base its decision based on:
(a) The applicant's request as described in subsection (1) of this section;
(b) Research into the request;
(c) Expert advice.
(3) Applicant's response to denials. The applicant may appeal the departments decision by following the procedure in WAC 296-150T-0100.
(1) You must obtain insignia from us for each factory-built temporary worker hosing unit sited in Washington state.
(2) You must have an approved design plan and have passed inspection before an insignia can be attached to your factory-built temporary worker housing structure by us or our authorized agent.
(3) If a unit is damaged in transit after leaving the manufacturing location or during an on-site installation, and a repair is necessary, you must purchase an insignia from us. The insignia indicates that the unit was repaired.
(1) If you are applying for insignia for factory-built temporary worker housing structures you must have your design plan approved and your units inspected and approved by us.
(2) We will attach the insignia after:
(a) We receive the required forms and fees from you (see WAC 296-150T-3000); and
(b) Your unit or component has passed final inspection. (See WAC 296-150T-0500.)
Upon request, we will provide you with a packet of information that includes the required forms.
(1) If you are requesting insignia for units that you intend to manufacture under a new design plan, your completed application must include:
(a) A completed design plan approval request form;
(b) One complete set of design plans, specifications, engineering analysis if required, test procedures and results if required, plus one additional set for each manufacturing location where the design plan will be used;
(c) If required, at least one set of design plans must have an original wet stamp from a professional engineer or architect licensed in Washington state. We will retain the set with the original wet stamp; and
(d) A one-time initial filing fee, the design plan fee (if we approve your design plan) and the fee for each insignia. (See WAC 296-150T-3000.)
(2) If you are requesting insignia under an approved design plan, your completed application must include:
(a) A completed application for insignia form; and
(b) The fee for each insignia requested. (See WAC 296-150T-3000.)
(1) If an insignia is lost or damaged after it is attached to your factory-built temporary worker housing structure you may obtain a replacement insignia.
(2) You should contact us and provide the following information:
(a) Your name, address, and telephone number;
(b) The name of the manufacturer;
(c) The serial number;
(d) The manufacturer number (T#), if available;
(e) The insignia number, if available; and
(f) The required fee. (See WAC 296-150T-3000.)
(3) If we can determine that your unit previously had an insignia, we will attach an insignia to your unit once we receive your insignia fee. (See WAC 296-150T-3000.)
Design plans for factory-built temporary worker housing structures prior to installation at the building site in Washington must be approved when:
(1) You build a new unit;
(2) You modify an approved design plan through an addendum; or
(3) You add options to an approved design plan through an addendum.
All requests for design-plan approval must include:
(1) A completed design-plan approval request form;
(2) One complete set of design plans, specifications, engineering analysis when required, test procedures and results plus one additional set for each manufacturing location where the design plan will be used (see WAC 296-150T-0340 and 296-150T-0350);
(3) If required, at least one set of design plans must have an original wet stamp from a professional engineer or architect licensed in Washington state. All new, renewed, and resubmitted plans, specifications, reports and structural calculations prepared by or prepared under his or her direct supervision shall be signed, dated and stamped with their seal. Specifications, reports, and structural calculations may be stamped only on the first sheet, provided this first sheet identifies all of the sheets that follow are included and identified in the same manner. Plans that have not been prepared by or under the engineer's or architect's supervision shall be reviewed by them and they shall prepare a report concerning the plans reviewed. This report shall:
(a) Identify which drawings have been reviewed by drawing number and date;
(b) Include a statement that the plans are in compliance with current Washington state regulations; and
(c) The report shall be stamped and signed by the reviewer.
Any deficiencies shall be corrected on the drawings before submitting to the department or be included in the report and identify as to how they are to be corrected. This report shall be attached to the plan(s) that were reviewed. We will retain the set with the original wet stamp;
(4) A one-time initial filing fee and the design-plan fee (see WAC 296-150T-3000); and
(5) A "key drawing" to show the arrangement of modules if the plan covers three or more modules.
(1) The engineering analysis if required must show that the structural design meets the requirements of this chapter.
(2) An engineering analysis if required must be conducted according to accepted engineering practices and must be signed by a professional engineer or architect licensed in Washington state.
(1) Tests to a design for a factory-built temporary worker housing structure must be witnessed by a professional engineer or architect licensed in Washington state.
(2) Test reports must contain the following items:
(a) A description of the methods or standards that applied to the test;
(b) Drawings and a description of the item tested;
(c) A description of the test set-up;
(d) The procedure used to verify the correct load;
(e) The procedure used to measure each condition;
(f) Test data, including applicable graphs and observations of the characteristics and behavior of the item tested; and
(g) Analysis, comments, and conclusion.
(3) The written test procedures, results and conclusions must reference the applicable design plan.
(1) Your design plan will be approved if it meets the requirements of this chapter.
(2) We will send you an approved copy of the design plan with the design-plan approval number.
(3) You must keep copies of the approved design plan at each location where a factory-built temporary worker housing structure is built.
(4) If your design plan is not approved, you will be notified in writing of plan deficiencies. You may send a corrected design plan to us. (See WAC 296-150T-3000.)
(1) You have ninety days to correct and resubmit your original design plan and send us the resubmittal fee after we notify you of plan deficiencies. After ninety days, your initial design plan is returned to you.
(2) If you submit your corrected design plan after ninety days, you must send the initial design plan fee instead of the resubmittal fee. (See WAC 296-150T-3000.)
Once your design plan is approved, we will inspect each related factory-built temporary worker housing structure.
Your factory-built temporary worker housing design plan expires either one year after approval or when there is a code change. You must submit new design plans for approval when there is a change to the temporary worker housing construction standard. You may use your design plan to order insignia as long as they comply with the applicable codes.
(3) All National Electrical Code amendments may be incorporated by an addendum to your design plan.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.INSPECTIONS PRIOR TO ISSUANCE OF AN INSIGNIA
When is an inspection required?
(1) Before we issue an insignia, each factory-built temporary worker housing structure must be inspected at the manufacturing location as many times as are required by the temporary worker housing construction standard. (See WAC 296-150T-0600.) Inspections may include:
(a) A "cover" inspection during construction of the unit before the electrical, plumbing, mechanical, and structural systems are covered;
(b) Insulation inspection, if installed;
(c) A final inspection after the factory-built temporary worker housing structure is complete;
|Note:||Each factory-built temporary worker housing structure must have a serial number to enable us to track inspections.|
(3) After a unit is manufactured but before occupancy, we must inspect a factory-built temporary worker housing structure if it is damaged in transit to the building site or during on-site installation. This is considered a repair inspection. (See WAC 296-150T-0540.)
(4) Approved design plans must be available for all inspections.
(5) Once your unit is inspected and approved we will attach the insignia.
|Note:||We only inspect factory-built temporary worker housing structures before occupancy. After occupancy, the department of health agency is the inspection agency.|
(1) You must contact us, and we will let you know where your request for inspection should be submitted. Our address is noted in the definition of department.
(2) We must receive in-state inspection requests at least seven calendar days prior to the date that you want the inspection.
(3) We must receive out-of-state inspection requests at least fourteen calendar days prior to the date that you want the inspection.
(1) If your factory-built temporary worker housing structure passes inspection and you have met the other requirements of this chapter, we will attach the insignia.
(2) After our final inspection, we will send a notice to the local enforcement agency (NLEA) indicating whether further inspection is necessary. (See WAC 296-150T-0550.)
(1) If you ask us to inspect a factory-built temporary worker housing structure within Washington state but you are not prepared when we arrive, you must pay the minimum inspection fee and travel. (See WAC 296-150T-3000.)
(2) If you ask us to inspect a factory-built home, commercial structure, or component outside Washington state but you are not prepared when we arrive, you must pay the minimum inspection fee, travel, and per diem expenses. (See WAC 296-150T-3000.)
(1) The department of health must approve the installation.
(2) The department of health may also request a set of design plans and specifications for the unit from you.
(3) After the unit is manufactured but before occupancy, we must inspect a factory-built temporary worker housing structure if it is damaged in transit to the temporary worker housing site or during on-site installation. This is considered a repair inspection.
|Note:||The department of health may not open the concealed construction of a factory-built temporary worker housing structure to inspect if our insignia is attached.|
After we perform a final inspection of a factory-built temporary worker housing structure we will send a notice to the department of health that:
(1) Specifies what connections, standards, and incomplete items the department of health must check when the unit is installed; and/or
(2) Estimates the expected time of arrival of the factory-built temporary worker housing structure to the site.
USED FACTORY-BUILT STRUCTURES WITHOUT AN INSIGNIA
All used factory-built housing and commercial structures that are to be for temporary worker housing must have an insignia of approval from us prior to being installed as temporary worker housing.
We consider used factory-built housing and commercial structures as new structures for purposes of use as temporary worker housing and an insignia approval as temporary worker housing must be obtained. To obtain insignia, you must:
(1) Have the design plan approved by us (see WAC 296-150T-0300 through 296-150T-0480);
(2) Purchase insignia (see WAC 296-150T-0200 through 296-150T-0230); and
(3) Pass a unit inspection (see WAC 296-150T-0500 through 296-150T-0550).
|Note:||You will be required to open up as much of the construction of the unit as is necessary for inspection to show compliance with your approved design plan.|
CODES FOR FACTORY-BUILT TEMPORARY WORKER HOUSING
(1) All design, construction, installations, and alterations of factory-built temporary worker housing structures must conform with the following codes and the requirements of this chapter:
(a) The temporary worker housing construction code, chapter 246-359 WAC;
(b) The National Electrical Code as referenced in chapter 296-46 WAC.
(2) All construction methods and installations must comply with chapter 246-359 WAC and use accepted engineering practices when used, provide minimum health and safety to the occupants of factory-built temporary worker housing structures and the public, and demonstrate journeyperson quality of work of the various trades.
(3) Requirements for any size, weight, or quality of material modified by the terms "minimum," "not less than," "at least," and similar expressions are minimum standards. The manufacturer may exceed these standards, provided the deviation does not result in inferior installation or defeat the purpose and intent of the standard.
|Note:||The codes, RCW's, and WAC's referenced in this rule are available for reference at the Washington State Library, the Washington State Law Library, and may be available at your local library.|
MANUFACTURER'S NOTICE TO THE DEPARTMENT
(1) If you are manufacturing factory-built temporary worker housing structures at more than one location, approved design plans must be available at each manufacturing location.
(2) You are required to send us the following information for each manufacturing location:
(a) Company name;
(b) Mailing and physical address; and
(c) Phone and FAX number if available.
(3) You must update this information as it changes.
(1) If you are moving, notify us in writing prior to a change of business name or address.
(2) Your notice must include the change of name and address.
(1) When a manufacturer changes ownership, the new owner must notify us in writing immediately.
(2) A new owner may continue to manufacture the units according to a prior approved design plan if the prior owner releases the design plan.
FACTORY-BUILT TEMPORARY WORKER HOUSING FEES
|(WAC 296-150T-3000, Illus. 1)|