WSR 18-16-078
[Filed July 30, 2018, 12:15 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-20-065.
Title of Rule and Other Identifying Information: WAC 246-215-09150 Employee restroomsToilet facilities, the state board of health proposes to increase the maximum distance to a readily accessible employee bathroom from within two hundred feet to within five hundred feet for mobile food units (food trucks).
Hearing Location(s): On October 10, 2018, at 1:30 p.m., at the Kittitas Valley Event Center, 901 East 7th Avenue, Ellensburg, WA 98926.
Date of Intended Adoption: October 10, 2018.
Submit Written Comments to: Peter Beaton, Department of Health, P.O. Box 47820, Olympia, WA 98504-7820, email, by September 19, 2018.
Assistance for Persons with Disabilities: Contact Melanie Hisaw, phone 360-236-4104, TTY 360-833-6388 or 711, email, by October 3, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The maximum distance of two hundred feet to a readily accessible restroom is a difficult requirement to meet and limits the number of sites where mobile food units can operate. The proposal increases the maximum distance to five hundred feet. The increase in distance provides more sites for mobile food units to operate while still protecting public health.
Reasons Supporting Proposal: The Washington State Food Truck Association petitioned the state board of health (board) to increase the maximum distance allowed to an approved toilet facility from within two hundred feet to within five hundred feet. Staff from the department of health (department) reviewed the petition and recommended that the board accept the petition. The board agreed with the recommendation and asked department staff to assess the impact and merits of the proposed change. The department evaluated the proposal and contacted industry, local health jurisdictions and other stakeholders. Based on the evaluation and recommendation from the department's food safety advisory council, the proposed rule balances the benefit of accommodating more food service locations for the mobile food industry while still ensuring access to toilet and handwashing facilities at a reasonable distance to protect public health.
Statutory Authority for Adoption: RCW 43.20.050.
Statute Being Implemented: RCW 43.20.050.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: State board of health, governmental.
Name of Agency Personnel Responsible for Drafting: Peter Beaton, Department of Health, Town Center 2, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4031; Implementation and Enforcement: Joseph Graham, Department of Health, Town Center 3, 243 Israel Road S.E., Tumwater, WA 98501, 360-236-3305.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Peter Beaton, Department of Health, P.O. Box 47820, Olympia, WA 98504-7820, phone 360-236-4031, TTY 360-833-6388 or 711, email
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The proposed rule does not create any compliance costs for small businesses. The proposed rule reduces the burden on businesses.
July 30, 2018
Michelle A. Davis
Executive Director
AMENDATORY SECTION(Amending WSR 13-03-109, filed 1/17/13, effective 5/1/13)
WAC 246-215-09150Employee restrooms—Toilet facilities.
The PERMIT HOLDER shall ensure APPROVED toilet facilities are available for employees:
(1) Readily accessible and within ((200)) 500 feet of the MOBILE FOOD UNIT during times of operation, if at any one location for more than one hour; and
(2) Provided with handwashing facilities that meet the requirements specified under WAC 246-215-05210.