5668-S AMH CLEM H3196

5668-S AMH CLEM H3196.3

SSB 5668 - H AMD 583 ADOPTED 4-15-97

By Representative Clements

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that the shortage of temporary worker housing is due in part to inappropriate construction requirements for temporary worker shelter and related facilities. It is the intent of the legislature that temporary worker housing developers, including employers, be provided with a regulatory framework that allows shelter to be provided that meets the basic dignity, comfort, common decency, health, and safety needs of workers. It is the intent of chapter . . ., Laws of 1997 (this act) to provide a temporary worker housing building code that will encourage private development of temporary worker housing, and will accommodate a wide range of building materials and new and innovative construction formats that are not possible under previously applicable codes.

NEW SECTION. Sec. 2. A new section is added to chapter 19.27 RCW to read as follows:

Temporary worker housing shall be constructed, altered, or repaired as provided in chapter 70.114A RCW. The construction, alteration, or repair of temporary worker housing is not subject to the codes adopted under RCW 19.27.031, except as provided in any code adopted under chapter 70.114A RCW. For the purposes of this section "temporary worker housing" means a shelter, place, area, or piece of land where sleeping places or housing sites are provided by an employer for his or her employees for temporary seasonal occupancy, and includes labor camps under RCW 70.54.110. The rules adopted by the state board of health under RCW 70.54.110 apply to all temporary worker housing.

Sec. 3. RCW 70.114A.020 and 1995 c 220 s 2 are each amended to read as follows:

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. The rules adopted by the state board of health under RCW 70.54.110 apply to all temporary worker housing.

Sec. 4. RCW 70.114A.080 and 1995 c 220 s 8 are each amended to read as follows:

((~~By December 1, 1996,~~)) The ((~~state building code council~~)) department shall ((~~develop~~)) adopt by rule under chapter 34.05 RCW a temporary worker ((~~housing~~)) building 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~~)) department 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~~)) Straw bale exterior wall structures; 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~~)) adopting the temporary worker ((~~housing~~)) building code, it is the intent of the legislature that the ((~~building code council~~)) department 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.)) It is also the intent of the legislature that the initial temporary worker building code adopted by the department be substantially equivalent to the temporary worker building code developed by the state building code council under section 8, chapter 220, Laws of 1995, and presented to the legislature on December 1, 1996.

A rule-making advisory and oversight committee is hereby established that shall participate fully throughout the rule-making process authorized by chapter . . ., Laws of 1997 (this act). The advisory and oversight committee is composed of seven members as follows: One member from each caucus in the house of representatives, appointed by the speaker of the house of representatives; one member from each caucus in the senate, appointed by the president of the senate; one member representing migrant and seasonal agricultural workers; one member representing agricultural employers; and one member from the department of labor and industries to serve ex officio, appointed by the governor.

The temporary worker building code authorized and required by this section shall be enforced by the department.

Sec. 5. RCW 43.70.340 and 1990 c 253 s 3 are each amended to read as follows:

(1) The farmworker housing inspection fund is established in the custody of the state treasury. The department of health shall deposit all funds received under subsection (2) of this section and from the legislature to administer a labor camp inspection program conducted by the department of health. Disbursement from the fund shall be on authorization of the secretary of health or the secretary's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.

(2) There is imposed a fee on each operating license issued by the department of health to every operator of a labor camp that is regulated by the state board of health. The fee paid under this subsection shall include all necessary inspection of the units to ensure compliance with applicable state board of health rules on labor camps.

(a) Fifty dollars shall be charged for each labor camp containing six or less units.

(b) Seventy-five dollars shall be charged for each labor camp containing more than six units.

(3) The term of the operating license and the application procedures shall be established, by rule, by the department of health.

(4) The department of health shall establish a building permit fee schedule for temporary worker housing subject to chapter 70.114A RCW. The department of health shall develop rules to establish a fee schedule sufficient to cover the cost of all necessary plan reviews and on-site construction inspections of the temporary worker housing to ensure compliance with the codes developed under RCW 70.114A.080."