AN ACT Relating to
health and safety regulation for temporary worker housing; amending RCW
70.54.110; adding a new chapter to Title 70 RCW; 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 and administrative process that will be locally
administered and encourage the development of such housing; and by 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) "Dwelling
unit" means a shelter, building, or portion of a building, that may
include cooking and eating facilities, that is:
(a) Provided and
designated by the operator as either a sleeping area, living area, or both, for
occupants; and
(b) Physically
separated from other sleeping and common-use areas.
(3)
"Facility" means a sleeping place, drinking water, toilet, sewage
disposal, food handling installation, or other installations required for
compliance with this chapter.
(4)
"Occupant" means a temporary worker or a person who resides with a
temporary worker at the housing site.
(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) "Temporary
worker" means a person employed intermittently and not residing year-round
at the same site.
(7) "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, for temporary, seasonal occupancy,
and includes "labor camps" under RCW 70.54.110.
NEW SECTION. Sec.
3. This act applies to
temporary worker housing that consists of five or more dwelling units, or any
combination of dwelling units, dormitories, or spaces that house ten or more
occupants.
NEW SECTION. Sec.
4. The department is
designated the single state agency responsible for encouraging the development
of additional temporary worker housing, and shall be responsible for
coordinating the activities of the various state and local agencies to assure a
seamless, nonduplicative system for the development and operation of temporary
worker housing.
NEW SECTION. Sec.
5. Temporary worker housing
located on a rural worksite, and used for workers employed on the worksite,
shall be considered a permitted use at the rural worksite for the purposes of
zoning or other land use review processes, subject only to height, setback, and
road access requirements of the underlying zone.
NEW SECTION. Sec.
6. The secretary of the
department or authorized representative may inspect housing covered by this act
to enforce temporary worker housing rules adopted by the state board of health,
or when the secretary or representative has reasonable cause to believe that a
violation of temporary worker housing rules adopted by the state board of
health is occurring or is being maintained. If the buildings or premises are
occupied as a residence, a reasonable effort shall be made to obtain permission
from the resident. If the premises or building is unoccupied, a reasonable
effort shall be made to locate the owner or other person having charge or
control of the building or premises and request entry. If consent for entry is
not obtained, for whatever reason, the secretary or representative shall have
recourse to every remedy provided by law to secure entry.
NEW SECTION. Sec.
7. The department of
community, trade, and economic development 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 of community, trade, and economic development 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.
8. By December 1, 1996, the
state building code council shall develop a temporary worker housing code, in
conformance with the temporary worker housing standards developed under the
Washington industrial safety and health act, chapter 49.17 RCW, the rules
adopted by the state board of health under RCW 70.54.110, and the following
guidelines:
(1) The code shall
provide construction standards for shelter and associated facilities that are
safe, secure, and capable of withstanding the stresses and loads associated
with their designated use, and to which they are likely to be subjected by the
elements.
(2) The code shall
permit and facilitate designs and formats that allow for maximum affordability,
consistent with the provision of decent, safe, and sanitary housing.
(3) In developing the
code the council shall consider: (a) The need for dormitory type housing for
groups of unrelated individuals; and (b) the need for housing to accommodate
families.
(4) The code shall include
construction standards for a variety of formats, including, but not limited
to: (a) Tents and tent platforms; and (b) hard-shell, single exterior wall
structures.
(5) The code shall
include standards for temporary worker housing that is to be used only during
periods when no auxiliary heat is required.
In developing the
temporary worker housing code, it is the intent of the legislature that the
building code council make exceptions to the codes listed in RCW 19.27.031, and
chapter 19.27A RCW, in keeping with the guidelines set forth in this section.
The building code
council shall appoint a technical advisory committee to assist in the
development of the temporary worker housing code, which shall include
representatives of industries that most frequently supply temporary housing to
their employees.
NEW SECTION. Sec.
9. The department shall
submit a report to the legislature containing short-term and long-term
recommendations for the development of an adequate supply and continuous
improvement of temporary worker housing. The report shall include
recommendations for optimum roles for state and local administration of
temporary worker housing, including strategies for the development of a locally
administered application, permitting, and compliance system. The report shall
identify incentives for the development of temporary worker housing, including
but not limited to:
(1) Facility design
options that are economical and appropriate for the worksite and length of
seasonal employment but do not compromise health and safety of workers;
(2) Streamlined,
single-service-point permit application and review process;
(3) Utilization of
manufactured shelter units;
(4) Appropriate
building standards;
(5) Financial
incentives for operators;
(6) Community-financed
temporary worker housing; and
(7) Shared housing
arrangements among operators.
The report shall
include recommendations for appropriate compliance strategies.
A preliminary report
shall be submitted by December 1, 1995, together with any recommendations for
legislation necessary to implement the findings and recommendations of the
department at that point.
A final report,
including recommendations for legislation, shall be submitted by December 1,
1996.
NEW SECTION. Sec.
10. Any rules adopted under
this act pertaining to an employer who is subject to the migrant and seasonal
agricultural worker protection act (96 Stat. 2583; 29 U.S.C. Sec. 1801 et
seq.), must comply with the housing provisions of that federal act.
Sec. 11. RCW 70.54.110 and 1990 c
253 s 4 are each amended to read as follows:
The state board of
health shall develop rules for labor camps, which shall ((include as a
minimum)) not exceed the standards developed under the Washington
industrial safety and health act in chapter 49.17 RCW as relates to ((sanitation
and)) temporary labor camps.
All new housing and new
construction together with the land areas appurtenant thereto which shall be
started on and after May 3, 1969, and is to be provided by employers, growers,
management, or any other persons, for occupancy by workers or by workers and
their dependents, in agriculture, shall comply with the rules and regulations
of the state board of health pertaining to labor camps. Within sixty days
following the effective date of this act, the board shall review all rules it
has adopted under this section and modify or repeal any rules that exceed the
standards developed under chapter 49.17 RCW.
NEW SECTION. Sec.
12. Sections 1 through 10 of
this act shall constitute a new chapter in Title 70 RCW.
NEW SECTION. Sec.
13. 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.
14. 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.
