WSR 05-07-137

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed March 22, 2005, 4:45 p.m. , effective April 22, 2005 ]


Purpose: The purpose of this rule is to update the outdated building code references in the existing adult family home licensing rule to be consistent with the codes adopted by the state Building Code Council under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.

Citation of Existing Rules Affected by this Order: Amending WAC 388-76-76505.

Statutory Authority for Adoption: RCW 70.128.040.

Other Authority: Chapter 70.128 RCW.

Adopted under notice filed as WSR 05-04-058 on January 28, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: March 17, 2005.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3506.2
AMENDATORY SECTION(Amending WSR 02-20-004, filed 9/18/02, effective 10/19/02)

WAC 388-76-76505   What physical structure requirements must the provider ensure that the home meets?   (1) Each adult family home must meet applicable local licensing, zoning, building, and housing codes, and state and local fire safety regulations as they pertain to a single-family dwelling.

(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.]

Washington State Code Reviser's Office