PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 09-17-054.
Title of Rule and Other Identifying Information: WAC 246-314-010 Definitions and 246-314-990 Construction review fees, amending to revise and update the construction review services (CRS) standards.
Hearing Location(s): Department of Health, Point Plaza East, Room 152 and 153, 310 Israel Road S.E., Tumwater, WA 98501, on September 13, 2010, at 9:30 a.m.
Date of Intended Adoption: September 27, 2010.
Submit Written Comments to: John Hilger, P.O. Box 47868, Olympia, WA 98604-7868 [98504-7868], web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by September 13, 2010.
Assistance for Persons with Disabilities: Contact John Hilger by September 9, 2010, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing amendments to chapter 246-314 WAC that will (1) identify and define ambulatory surgical facilities as a new facility type; and (2) clarify the plan review process. These updates will result in program consistencies and reflect current practice.
Reasons Supporting Proposal: The proposed rule amendments update and clarify the construction review services plan review process.
Statutory Authority for Adoption: Chapter 43.70 RCW.
Statute Being Implemented: Chapter 43.70 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Chad Beebe, 310 Israel Road S.E., Tumwater, WA, (360) 236-2948; and Enforcement: Steve Saxe, 310 Israel Road S.E., Tumwater, WA, (360) 236-2902.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule is exempt from a small business economic impact statement (SBEIS). Under RCW 19.85.025(3), the requirements for an SBEIS does not apply to rules described under RCW 34.05.310(4), this proposed rule adjusts fees pursuant to legislative standards, and corrects typographical errors, clarifying the rule without changing its effect.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(iv) exempts rules that only correct typographical errors, make address or name changes or clarify the language of a rule without changing its effect.
July 30, 2010
Mary C. Selecky
Secretary
OTS-3221.7
AMENDATORY SECTION(Amending WSR 06-16-118, filed 8/1/06,
effective 9/1/06)
WAC 246-314-010
Definitions.
((For the purpose of this
chapter the following words and phrases will have the
following meanings)) The definitions in this section apply
throughout this chapter unless the context clearly indicates
otherwise:
(1) "Certified" means facilities that must be certified to participate in medicare or medicaid programs and meet physical environment minimum standards as required in the Code of Federal Regulations.
(2) "Change of approved use only" means a change in the function of a room that does not alter the physical elements.
(3) "((Interior)) Finishes" ((means)) includes, but is
not limited to, products such as carpet, vinyl wall covering,
wall paper, exterior siding, landscaping, or paneling applied
to an existing surface as the exposed surface.
(4) "Licensed" means facilities licensed from the state department of health (DOH) or state department of social and health services (DSHS) that must obtain approval from construction review services before licensure activity.
(5) "Permit" means a recommendation to the licensing or certifying authority from construction review services indicating that a facility meets the physical environment rules and the plan review process is complete.
(6) "Program" means the Washington state department of health, construction review services.
(7) "Project" means a change to a facility including new construction, replacement, alterations, additions, expansions, conversions, change of approved use, improvements, remodeling, renovating, and upgrading of the following types of facilities:
(a) "Ambulatory surgery center" defined as a facility that is required to be certified for participation in medicare or medicaid or ambulatory surgical facilities licensed under chapters 70.230 RCW and 246-330 WAC;
(b) "Birthing centers" (formerly maternity homes) and "childbirth centers" licensed under chapters 18.46 RCW and 246-329 WAC;
(c) "Boarding homes" licensed under chapters 18.20 RCW and 388-78A WAC;
(((c))) (d) "Correctional facilities" as defined under
RCW 43.70.130(8);
(((d))) (e) "Hospice care center" licensed under chapters
70.127 RCW and 246-335 WAC;
(((e))) (f) "Hospitals" licensed under chapters 70.41 RCW
and 246-320 WAC;
(((f) "Maternity homes" and "childbirth centers" licensed
under chapters 18.46 RCW and 246-329 WAC;
(g) "Migrant worker housing" licensed under chapter 246-359 WAC. Plan review fees for migrant worker housing are set in chapters 246-358, 246-359, and 246-361 WAC;
(h))) (g) "Nursing homes" licensed under chapters 18.51 RCW and 388-97 WAC;
(((i))) (h) "Private ((alcoholism)) alcohol and chemical
dependency hospitals" licensed under chapters 71.12 RCW and
246-324 WAC;
(((j))) (i) "Private psychiatric and alcoholism
hospitals" licensed under chapters 71.12 RCW and 246-322 WAC;
((and
(k))) (j) "Residential treatment facilities" licensed under chapters 71.12 RCW and 246-337 WAC; and
(k) "Temporary worker housing" licensed under chapters 70.114A RCW and 246-358 WAC.
(8) "Project cost" means all costs directly associated with the project, initially estimated and corrected by certification to the date of completion of the project and including all fixed and installed clinical equipment in the project and contractor supervision, inspection, and overhead. This cost does not include:
(a) Taxes;
(b) Architectural or engineering fees; and
(c) Land acquisition fees.
(9) "Project sponsor" means the person, persons or organization, planning and contracting for the design and construction of facilities, generally the owner or the owner's representative.
(10) "Technical assistance" means assistance provided by the program to facilities either at the program offices or at the project location including:
(a) Information on the laws, rules and compliance methods and technologies applicable to the regulations;
(b) Information on methods to avoid compliance problems;
(c) Assistance in applying for permits, licensure or certification;
(d) Information on the mission, goals, and objectives of the program; and
(e) Assistance to parties constructing projects not required to be licensed or certified and voluntarily wish to comply with rules or guidelines in the interest of safety or best practices.
(11) "Value of existing construction" means the value of an existing building or portion thereof at the time of project submission, based on the current market value of the structure as documented by the project sponsor, or, as determined by assigning a cost per square foot value.
[Statutory Authority: RCW 43.70.110. 06-16-118, § 246-314-010, filed 8/1/06, effective 9/1/06; 91-16-107 (Order 185), § 246-314-010, filed 8/7/91, effective 9/7/91. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), § 246-314-010, filed 12/27/90, effective 1/31/91.]
(2) ((The program shall charge a flat fee for the review
of the following projects:
(a) Installation of interior finishes only, one hundred twenty dollars;
(b) Change of approved use only, one hundred twenty dollars;
(c) The first submission for review and approval of the site installation of a mobile unit, four hundred seventy dollars. Each additional submission of the same project, two hundred eighty-five dollars;
(d) The first submission for review and approval of the equipment supplier of a mobile unit, four hundred seventy dollars. Each additional submission of the same project, two hundred eighty-five dollars;
(e) Each eight staff hours or fraction thereof for technical assistance, four hundred ten dollars. For technical assistance requiring travel, the program may increase the fee to include travel.)) Project fee table. Except as provided in subsection (4) and (5) of this section, the following fees will be charged for project review based on the cost of the project:
| Project Cost | Project Review Fee | ||||||
| $ | 0 | to | $ | 999 | $ | 120 | |
| 1,000 | to | 1,999 | 250 | ||||
| 2,000 | to | 2,999 | 325 | ||||
| 3,000 | to | 4,999 | 410 | ||||
| 5,000 | to | 9,999 | 530 | ||||
| 10,000 | to | 19,999 | 665 | ||||
| 20,000 | to | 29,999 | 820 | ||||
| 30,000 | to | 39,999 | 975 | ||||
| 40,000 | to | 49,999 | 1,125 | ||||
| 50,000 | to | 64,999 | 1,325 | ||||
| 65,000 | to | 79,999 | 1,535 | ||||
| 80,000 | to | 99,999 | 1,845 | ||||
| 100,000 | to | 124,999 | 2,200 | ||||
| 125,000 | to | 149,999 | 2,550 | ||||
| 150,000 | to | 199,999 | 2,970 | ||||
| 200,000 | to | 249,999 | 3,325 | ||||
| 250,000 | to | 324,999 | 3,650 | ||||
| 325,000 | to | 449,999 | 4,100 | ||||
| 450,000 | to | 574,999 | 4,600 | ||||
| 575,000 | to | 699,999 | 5,200 | ||||
| 700,000 | to | 849,999 | 5,825 | ||||
| 850,000 | to | 999,999 | 6,550 | ||||
| 1,000,000 | to | 1,249,999 | 7,150 | ||||
| 1,250,000 | to | 2,499,999 | 7,850 | ||||
| 2,500,000 | to | 2,999,999 | 8,550 | ||||
| 3,000,000 | to | 3,499,999 | 9,300 | ||||
| 3,500,000 | to | 4,999,999 | 10,750 | ||||
| 5,000,000 | to | 6,999,999 | 12,200 | ||||
| 7,000,000 | to | 9,999,999 | 13,800 | ||||
| 10,000,000 | to | 14,999,999 | 15,850 | ||||
| 15,000,000 | to | 19,999,999 | 17,850 | ||||
| 20,000,000 | to | 29,999,999 | 19,900 | ||||
| 30,000,000 | to | 39,999,999 | 23,000 | ||||
| 40,000,000 | to | 59,999,999 | 25,600 | ||||
| 60,000,000 | and over | 28,700 | |||||
(a) The existing construction value is based on the local area cost data.
(b) Current cost data will be made available and posted on the construction review services web site: http://www.doh.wa.gov/hsqa/fsl/CRS.
(c) Project sponsors may submit specific cost data that accurately describes the estimate good faith value for the program's consideration.
(a) Installation of finishes only, one hundred twenty dollars;
(b) Change of approved use only, one hundred twenty dollars;
(c) The first submission for review and approval of the site installation of a mobile unit, four hundred seventy dollars. Each additional submission of the same project, two hundred eighty-five dollars;
(d) The first submission for review and approval of the equipment supplier of a mobile unit, four hundred seventy dollars. Each additional submission of the same project, two hundred eighty-five dollars;
(e) Each eight staff hours or fraction thereof for technical assistance, four hundred ten dollars. For technical assistance requiring travel, the program may increase the fee to include travel expenses;
(f) Special projects as determined by the program that requires minimal or highly repetitive review, four hundred ten dollars for every review/inspection after the initial review;
(g) Plan review and inspection for the on-site installation of the foundation, and hook-ups including, but not limited to, potable water, sewage disposal systems, or gas connections for factory assembled structures, two hundred fifty dollars per site visit regardless of the number of sites installed and completed at the time of inspection;
(h) On-site inspection and plan review for foundation pad for temporary structures including, but not limited to, tents and RVs, one hundred and twenty dollars per site visit regardless of the number of pads installed and completed at the time of inspection.
(5) Fee reductions. The program may decrease the project review fees, when:
(a) The project sponsor requests a reduction in the fee according to subsection (1) of this section;
(b) The project is prepared by a state licensed architect
or engineer when architectural or engineering services are not
required by rule. ((In this case)) The project may qualify
for a reduction of up to fifteen percent;
(c) A facility is converted from another occupancy as
defined by the state building code; a facility is converted
from one license to another; or, a facility that is currently
unlicensed, but was previously licensed through the DOH or
DSHS, wishes to be reviewed for ((licensure, then the
construction review fee reduction of up to fifty percent from
that shown on the construction review fee schedule shall be
allowed)) relicensure. The project may qualify for a
reduction of up to fifty percent. The amount of fee reduction
will be determined by the estimated amount of systems review
required to ensure that the rules have been met((;)).
(((d))) (6) Total fee reductions may not exceed seventy
percent of the original estimated project review fee.
(((5))) (7) Refunds. The program shall refund fees paid
when requested by the applicant as follows:
(a) The final attested project cost ((as shown on the
project completion card)) is less than the project ((cost
shown on the application)) estimated on the application. Fees
paid may be refunded by the program according to the project
fee table in subsection (2) of this section.
(b) If a project is canceled after an application and fee
has been received but no plan review or technical assistance
has been performed by the program, ((three-fourths))
seventy-five percent of the fees paid((;)).
(c) If a project is canceled after an application and fee
has been received and plan review or technical assistance has
been performed by the department, ((one-half)) fifty percent
of the fees paid((;)).
(((d))) (8) No fees paid by the applicant will be
refunded after project cancellation if any of the following
applies:
(((i))) (a) More than two on-site visits, conferences, or
plan reviews for any purpose have been performed by the
program;
(((ii))) (b) One year has elapsed since an application
and fee is received by the program, but no permit is issued
because applicant failed to complete requirements for permit,
and the applicant has not pursued the project in good faith;
(((iii))) (c) The amount to be refunded as calculated by
subsection (7)(a), (b), or (c) of this ((subsection)) section
is one hundred twenty dollars or less;
(((iv))) (d) Approval or authorization to begin
construction or a permit has been ((given)) issued or
construction has ((commenced)) begun prior to a request from
the applicant to cancel the project; or
(((v))) (e) A written request has not been received to
cancel the project.
[Statutory Authority: RCW 43.70.110. 06-16-118, § 246-314-990, filed 8/1/06, effective 9/1/06. Statutory Authority: RCW 43.70.250, 43.70.110 and 43.20B.020. 95-12-097, § 246-314-990, filed 6/7/95, effective 7/8/95. Statutory Authority: RCW 43.70.110. 91-16-107 (Order 185), § 246-314-990, filed 8/7/91, effective 9/7/91. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), § 246-314-990, filed 12/27/90, effective 1/31/91.]