WSR 25-04-069
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed January 31, 2025, 8:02 a.m., effective March 4, 2025]
Effective Date of Rule: March 4, 2025.
Purpose: This rule making restores the flexibility of the previous rule and adds clarity that will help adult family homes (AFH) with compliance while maintaining resident safety and well-being in AFHs. New AFHs will be able to consider toilets in ensuite bathrooms in resident bedrooms toward the total number of toilets available to residents. The anticipated effect is a reduced financial and regulatory burden for new AFHs.
Citation of Rules Affected by this Order: Amending WAC 388-76-10780.
Adopted under notice filed as WSR 24-24-015 on November 22, 2024.
A final cost-benefit analysis is available by contacting Colleen Jensen, P.O. Box 45600, Olympia, WA 98504, phone 564-999-3182, TTY 711 relay service, email colleen.jensen1@dshs.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: January 31, 2025.
Katherine I. Vasquez
Rules Coordinator
SHS-5062.1
AMENDATORY SECTION(Amending WSR 23-12-075, filed 6/6/23, effective 8/1/23)
WAC 388-76-10780Toilets and bathing facilities.
(1) All adult family homes must ensure the home has toilets and bathing facilities that provide each resident with privacy and include at least:
(a) One accessible indoor flush toilet that meets WAC 51-51-0330 for each five persons including residents and household members who live in the home; and
(b) Sinks with hot and cold running water.
(2) For the purposes of this section, "accessible" means available and licensed for resident use.
(((2)))(3) Homes licensed after July 1, 2007, must also ensure each resident has access to a toilet, and bathing facilities without going through another person's room.
(((3) Homes licensed after August 1, 2023, that have a licensed capacity of more than five residents must have at least two indoor flush toilets available and accessible for resident use without requiring any resident to go through another person's room.))
(4) Homes licensed after August 1, 2023, must have a sufficient number of toilets to maintain a ratio of one accessible toilet to five persons, without having to go through another person's room to use a toilet.
(5) Toilets and bathing facilities not used by residents do not need to meet requirements of WAC 51-51-0330 and must not be accessible to residents.