BP BHEAD INT S

AN ACT Relating to health and safety regulation for temporary worker housing; adding a new chapter to Title 70 RCW; repealing RCW 43.70.330, 43.70.340, and 70.54.110; making an appropriation; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that there is an inadequate supply of temporary and permanent housing for migrant and seasonal workers in this state. The legislature also finds that unclear, complex regulations related to the development, construction, and permitting of worker housing inhibit the development of this much needed housing. The legislature further finds that as a result, many workers are forced to obtain housing that is unsafe and unsanitary.

Therefore, it is the intent of the legislature to encourage the development of temporary and permanent housing for workers that is safe and sanitary by: Establishing a clear and concise set of regulations for temporary housing; establishing a streamlined permitting process for those interested in developing such housing; and providing technical assistance to organizations or individuals interested in the development of worker housing.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter.

(1) "Department" means the department of health.

(2) "Facility" means a sleeping place, drinking water installation, toilet installation, sewage disposal installation, food handling installation, or other installation required for compliance with the temporary worker housing rules.

(3) "Housing site" is a location upon which a sleeping place is situated.

(4) "Local public health administrator" means the administrator as set forth in chapter 70.05 RCW for the county or district in which temporary worker housing, or the larger portion of temporary worker housing, is located.

(5) "Operator" means a person holding legal title to the land on which temporary worker housing is located. However, if the legal title and the right to possession are in different persons, "operator" means a person having the lawful control or supervision over the temporary worker housing under a lease or other arrangement.

(6) "Potable water" means water meeting the bacteriological and other requirements specified in chapter 70.119A RCW and rules adopted under that chapter.

(7) "Refuse" includes waste materials such as paper, metal, and discarded items, as well as debris, litter, and trash.

(8) "Sanitary" means free from agents that may be injurious to health.

(9) "Sewage" means the water-carried human and animal wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments, or other places, together with such ground water infiltration, surface waters, or industrial wastes as may be present.

(10) "Sleeping place" means a room, structure, shelter, tent, trailer house, vehicle, or other place where one or more persons are housed. "Sleeping place" is not limited to a place for sleeping only but includes the entire area where one or more persons are housed.

(11) "Temporary worker" means any person who works:

(a) For one or more employers during the calendar year; and

(b) For at least half-time per week, during a designated season, within the same industry sector, including agricultural production, agricultural harvesting, plantation Christmas tree planting, and tree planting on timber land.

(12) "Temporary worker housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an employer for his or her employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees.

(13) "Toilet room" means a room maintained within or on the premises of temporary worker housing, containing toilet facilities for use by employees and occupants of that temporary worker housing.

NEW SECTION. Sec. 3. (1) The department is designated the single state agency responsible for encouraging the development of additional temporary worker housing. The legislature intends that this chapter be administered through local health jurisdictions.

(2)(a) The department shall establish rules directing local public health jurisdictions to establish a single application and inspections procedure to be used by persons within their jurisdiction wishing to construct temporary worker housing. The procedure shall include a single project permit manager who coordinates all local and state permit applications, processes, inspections, and approvals including at least zoning, building code and permit applications, local health department requirements, fire district requirements, the department of labor and industries regulations, and the department of ecology jurisdictional issues.

(b) The department shall by rule delegate to local health jurisdictions the authority to establish fees for the single inspection or application procedure required under this section, in an amount sufficient to cover costs, and for the registration process under section 6 of this act, but in no case may the fees exceed two hundred dollars.

(3) The department in conjunction with the local health jurisdictions shall develop a compliance monitoring program to be used by the local jurisdictions in enforcing this chapter under section 7 of this act.

(4) Rules adopted under this chapter shall be in compliance with chapter 49.17 RCW, the Washington industrial safety and health act.

NEW SECTION. Sec. 4. (1) The standards contained in this chapter and in rules adopted to implement this chapter apply to:

(a) Any type of facility established or to be established, operated, or maintained for housing workers with or without families whether or not fees are paid or collected or the housing is free;

(b) Temporary worksite or near worksite housing for temporary workers;

(d) Housing that is given to, rented by, leased to, or otherwise provided to employees for use while employed and provided by the employer, a representative of the employer, or a camp operator;

(e) All temporary worker housing sites owned, operated, or allowed to be operated on property owned by any state or municipal authority.

(2) The purpose of these standards is to prescribe minimum health and safety requirements for establishing, operating, and maintaining temporary worker housing.

(3) Temporary worker housing operations of four or fewer dwelling units are exempt from this chapter. "Dwelling unit," as used in this subsection, means living quarters designed for a single family or for an individual.

NEW SECTION. Sec. 5. (1) It is a violation of this chapter to operate a temporary worker housing operation without a valid certificate issued under this section and without a current registration issued under section 6 of this act.

(2) A temporary worker housing operator shall apply to the local health jurisdiction for an operator's certificate. The local health jurisdiction shall inspect an applicant's operation under the protocol established in section 3 of this act. Applicants shall pay a fee set by the local jurisdiction to cover the direct costs of inspection and certification. The local health jurisdiction shall issue an operator's certificate to applicants who pass the inspection and who have paid the fee.

(3) The certificate issued under this section is valid for five years.

NEW SECTION. Sec. 6. A temporary worker housing operator shall register with the local health jurisdiction at least forty-five days prior to the first opening of the temporary worker housing operations for the year. Registration shall include the name and location of the operation, name of the operator, number of housing units, number of maximum occupant capacity, and anticipated periods of occupancy. Each operator shall pay a nominal fee, to be set by the local health jurisdiction, to cover the cost of registration. The local health jurisdiction shall issue each eligible operator an annual occupancy certificate, which the operator shall conspicuously display on the operations site.

NEW SECTION. Sec. 7. (1) It is unlawful to operate a temporary worker housing operation that is not in compliance with this chapter.

(2) Operators are subject to one inspection every five years, which shall occur during the certification process under section 5 of this act, and are subject to additional inspections as needed to assure compliance with this chapter.

(3)(a) Additional inspections may be undertaken by the local health jurisdiction without notice to the operator if the local health jurisdiction has received complaints regarding the health and sanitation status of the operation.

(b) The inspector shall notify the operator in writing that an inspection occurred, the date the inspection occurred, and shall state whether the operation is in compliance with this chapter and rules adopted under this chapter. If the operator is found to not be in compliance, the inspector shall specifically state the components of the operation that are not in compliance and how the operator is to correct the violations.

(c) Except as provided in section 8 of this act, an operator has thirty days to correct violations reported under (b) of this subsection. An operator that fails to correct the violations shall receive in writing a reminder that the operation is not in compliance with this chapter. The operator has an additional fifteen days to correct the violations. If the operator does not comply by the end of the second period, the certificate and registration shall be immediately revoked.

NEW SECTION. Sec. 8. Corrective action must be undertaken by the operator after receipt of an oral or written complaint by a temporary worker, except where circumstances are beyond the operator's control:

(1) Within twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat, or electricity, or is immediately hazardous to life; and

(2) Within thirty days for all other essential health and safety conditions.

NEW SECTION. Sec. 9. (1) The grounds of a temporary worker housing facility shall be maintained in a clean, sanitary condition, free from wastewater, sewage, garbage, refuse, overgrown grass, weeds, or brush.

(2) All temporary worker housing shall be located on well-drained ground and the sites shall be graded, ditched, or rendered free from depressions in which water can stand.

(3) Facilities shall not be located within two hundred feet of swamps, pools, or sink holes.

(4) Action shall be taken to prevent or control the breeding of pests such as insects or rodents in the immediate camp area and within a two hundred foot perimeter of the facility.

(5) The operator of a temporary worker housing facility shall be responsible for daily maintenance and operation. Prior to occupancy, an operator shall develop a facility management plan on forms provided by the local health jurisdiction designed to acquaint residents with services and facilities that will be provided and their responsibilities with respect to the maintenance and operation of the facility. This plan shall be submitted with the facility certification described in section 5 of this act.

(6) All toxic materials such as pesticides, fertilizers, paints, and solvents used in connection with the commercial operation shall be stored in a safe place accessible only to authorized employees. No empty containers of such material may be left in the immediate living area or disposed of in such a manner as to endanger the occupants.

(7) All housing units in a temporary worker housing facility shall be provided with electrical service, which shall comply with the Washington electrical code, except as modified by this chapter. This service shall consist of at least one working wall or ceiling light fixture and at least two wall-type electrical outlets in each sleeping place.

(8) Toilet rooms, lavatories, shower or bathing rooms, laundry rooms, hallways, stairways, corridors and walkways, or other hazardous dark areas shall be provided with sufficient lighting to allow safe use at night.

NEW SECTION. Sec. 10. (1) An ample supply of safe and potable water shall be provided in every temporary worker housing facility for drinking, hand washing, bathing, and domestic purposes. Water for drinking and domestic purposes shall be available within a reasonable distance of each sleeping place. An ample supply means a minimum of thirty-five gallons of water per day per occupant.

(2) The department of health shall adopt rules which establish purity standards, testing procedures, acceptable distribution facilities, and contamination prevention requirements. These rules shall also establish standards and practices for the provision and use of nonpotable water, and for the proper separation of potable and nonpotable water supplies.

NEW SECTION. Sec. 11. (1) Toilets shall be maintained in good repair and in a clean and sanitary condition. They shall be supplied in an adequate number, be constructed so as to provide privacy, and shall be easily accessible from sleeping places. The department shall adopt rules with respect to supplies and equipment, construction details, sanitation, ventilation, substitution of urinals for some toilets, and toilet/facility occupant ratios. If privies are used, they shall conform to rules of the department with regard to their construction and location. They shall be maintained in a clean and sanitary condition.

(2) Laundry, handwashing, and bathing facilities shall be provided and maintained in a clean, sanitary condition. An adequate supply of hot and cold water under pressure shall be available for all common-use handwashing, bathing, and laundry facilities.

Laundry and drying facilities to serve the needs of the occupants shall be conveniently accessible within the facility when public laundry and drying facilities are not available within five miles of the camp site. Mechanical washers or laundry tubs may be utilized when laundry facilities are required within a facility. Clothes lines or other drying facilities shall be provided. Coin-operated mechanical washers and dryers may be used provided they are made available at a reasonable cost.

Adequate handwashing and drying facilities shall be provided. They shall be located within or adjacent to all toilet facilities. The use of common towels is prohibited.

Bathing facilities shall be provided with floor drains and floors that slope to the drain.

The department shall adopt rules with respect to construction details and the facility/occupant ratio for laundry, handwashing, and bathing facilities.

(3) All plumbing in a temporary worker housing facility shall conform to state law and rules adopted to implement state law, except as otherwise provided in this chapter.

NEW SECTION. Sec. 12. All refuse and garbage in a temporary worker housing facility shall be stored in durable containers so designed as to be capable of excluding water, flies, and rodents. Refuse and garbage containers and facilities shall be maintained in good repair, in a clean and sanitary condition, and in adequate number to meet the needs of the occupants. Containers shall be readily accessible to all occupants. All garbage and refuse shall be removed at least once a week.

The department shall adopt rules with respect to construction details of garbage and refuse facilities, container/occupant ratios, and disposal procedures.

NEW SECTION. Sec. 13. (1) All sleeping places in a temporary worker housing facility shall be maintained in a safe and sanitary condition, in good repair structurally, shall provide shelter against the elements, and exclude ground water, surface water, rodents, and insects.

(2) The walls and roof of permanently constructed sleeping places shall be tight and solid. Floors shall be constructed of rigid and durable material, and shall be of a smooth and cleanable finish. If tents are provided as sleeping places they shall have floors constructed of wood, asphalt, or concrete. Floors shall be of tight construction.

(3) Sleeping places that are occupied between October through May shall have heating equipment capable of maintaining a temperature of at least sixty-eight degrees Fahrenheit, and installed and maintained in accordance with applicable state and local fire, building, and electrical regulations.

(4) If tents are used for sleeping places, the tent body and screens shall be sound. The tents shall be treated with an effective waterproofing material as often as necessary to maintain a waterproof condition. The tents shall be adequately screened to effectively keep out flies and mosquitos. Tents shall not be used for housing between the months of November through March.

(5) Beds, bunks, or cots shall be provided for each occupant and suitable storage facilities such as lockers or closets shall be provided for each occupant or family unit.

(6) Mattresses shall be clean, in good repair, and free of insects and animal parasites. After each period of occupancy, all mattresses shall be treated with an effective insecticide or fumigated and stored in a clean, dry place.

(7) Space used for combined cooking, eating, and sleeping purposes shall contain not less than one hundred square feet per occupant, except that adjustments may be made for partitioned spaces used by members of one nuclear family, or where double bunk beds are used. Triple bunk beds are prohibited.

(8) Space used for sleeping purposes only shall contain at least fifty square feet of floor space per occupant, whether or not double bunk beds are used, except that adjustments may be made for partitioned sleeping spaces used by members of one nuclear family.

(9) Ceilings shall be at least seven feet over at least fifty percent of the floor area, with no point less than five feet. Ceiling height in manufactured homes must be at least six feet eight inches, and in recreational vehicles, at least six feet four inches.

(10) Separate private areas for sleeping shall be provided for each gender, if not members of the same nuclear family, or for each nuclear family.

(11) Except where ventilation is provided by mechanical means, each habitable room in a shelter shall have openable windows or skylight openings directly to the out-of-doors.

(12) The department shall adopt rules with respect to space requirements, design and construction details which affect health and safety, emergency exit and other safety considerations, and ventilation and heating equipment specifications.

NEW SECTION. Sec. 14. Fire-extinguishing equipment shall be provided in a readily accessible place, not more than one hundred feet from each housing unit.

All sleeping places shall be constructed and maintained in accordance with the applicable local and state fire and safety laws and rules.

The state fire marshal shall adopt rules with respect to fire- extinguishing devices, emergency exit specifications, and other items necessary to provide occupant safety.

NEW SECTION. Sec. 15. (1) In a temporary worker housing facility where food or meals are prepared or served by the operator, a concessionaire, or in a common-use facility by the occupants, the facilities and procedures for preparation and serving shall comply with chapter 69.04 RCW, and standards established by the department by rule.

(2) Except where adequate central eating and kitchen facilities are provided, a separate area shall be provided in each sleeping place, with or without partition, for use as a kitchen and eating place and be provided with the following equipment:

(a) A mechanical refrigerator, which must be capable of maintaining food at no more than forty-five degrees Fahrenheit;

(b) A stove or hot plate which is of adequate size to serve the intended number of occupants and, if located within eighteen inches of a wall, that wall must be made of or finished with smooth, cleanable, nonabsorbent, grease-resistant, and fire-resistant material;

(c) Food storage shelves and a food preparation area, which must be constructed of or finished with smooth, nonabsorbent, cleanable material; and

(d) A table and chairs or equivalent seating and eating arrangements to accommodate the number of occupants living in the sleeping place. The refrigerator and stove or hot plate shall be maintained in working condition. These facilities shall be clean prior to each occupancy.

NEW SECTION. Sec. 16. Adequate provision shall be made for first aid equipment and emergency medical treatment. An emergency medical plan shall be developed and submitted with the certification described in section 5 of this act.

The department of health shall adopt rules that set forth the minimum requirements for equipment and facilities and an emergency medical plan necessary to meet the intent and direction of this section.

NEW SECTION. Sec. 17. The standards established by this chapter for the construction, operation, and maintenance of temporary worker housing facilities are controlling as to that type of housing, as defined in this chapter, and to the extent of any conflict with the uniform building code, chapter 19.27 RCW, this chapter shall prevail.

NEW SECTION. Sec. 18. This chapter shall not be construed to authorize the adoption of any administrative rule that establishes a standard more burdensome on the operator than the equivalent federal standard.

NEW SECTION. Sec. 19. The department shall contract with private, nonprofit corporations to provide technical assistance to any private individual or nonprofit organization wishing to construct temporary or permanent worker housing. The assistance may include information on state and local application and approval procedures, information or assistance in applying for federal, state, or local financial assistance, including tax incentives, information on cost-effective housing designs, or any other assistance the department may deem helpful in obtaining the active participation of private individuals or groups in constructing or operating temporary or permanent worker housing.

NEW SECTION. Sec. 20. The sum of forty-nine thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the general fund to the department of health for the purposes of section 19 of this act.

NEW SECTION. Sec. 21. Sections 1 through 19 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 22. The following acts or parts of acts are each repealed:

(1) RCW 43.70.330 and 1990 c 253 s 2;

(2) RCW 43.70.340 and 1990 c 253 s 3; and

(3) RCW 70.54.110 and 1990 c 253 s 4 & 1969 ex.s. c 231 s 1.

NEW SECTION. Sec. 23. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 24. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.