PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-15-108.
Title of Rule: Chapter 246-358 WAC, Temporary worker housing, and chapter 246-361 WAC.
Purpose: The 1999 legislature passed ESSB 5599 (chapter 374, Laws of 1999) requiring the Department of Health and the Department of Labor and Industries to adopt joint rules for the licensing, operation, and inspection of temporary worker housing and the enforcement of these rules. ESSB 5599 also removed temporary worker housing responsibilities from the State Board of Health and directs the agencies to establish standards for cherry harvest camps. Cherry harvest standards may include some variation from standards that are necessary for longer occupancies, provided they are as effective as the standards adopted by WISHA.
Beginning in June 1999, a DOH/L&I joint project team with OSHA representation met regularly to develop the proposed wording for the temporary worker housing rule, chapter 246-358 WAC, and the cherry harvest rule, chapter 246-361 WAC. During the development of the wording, the joint project team met twice with grower and worker advocates and a third time with the advocates and the public to gather input on the draft language. Public hearings are scheduled for January 6, 2000, at the following locations: Kennewick, Mount Vernon, Wenatchee and Yakima. The current chapter 246-358 WAC is amended to incorporate WISHA requirements and repeal those sections that addressed the cherry harvest. Chapter 246-361 WAC is established as a new chapter applicable only to cherry harvest camps.
Statutory Authority for Adoption: RCW 70.114A.065 and 70.114A.110.
Statute Being Implemented: Chapter 70.114A RCW.
Summary: Amends chapter 246-358 WAC, Temporary worker housing, and establishes chapter 246-361 WAC for cherry harvest camps.
Reasons Supporting Proposal: SB 5599 (chapter 374, Laws of 1999), codified as RCW 70.114A.065 and 70.114A.110, directs the Department of Health to create joint rules for temporary worker housing and cherry harvest labor camps with the Department of Labor and Industries.
Name of Agency Personnel Responsible for Drafting and Implementation: Maria Gardipee, Olympia, Washington, (360) 705-6625; and Enforcement: Gary Bennett, Olympia, Washington, (360) 705-6652.
Name of Proponent: Department of Health, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 246-358 WAC is amended to reflect the mandates of SB 5599 (chapter 374, Laws of 1999) which directs the department to adopt rules "that are as effective as the standards developed under the Washington Industrial Safety and Health Act, chapter 49.17 RCW." The proposed rules establish minimum licensing requirements for temporary worker housing sites. The rules are consistent with WISHA standards adopted under chapter 49.17 RCW.
Chapter 246-361 WAC is a new chapter that establishes minimum licensing requirements for cherry harvest camps. The purpose is to establish minimum health and safety requirements for the operation of cherry harvest camps. A number of cherry growers have camps that could be equipped for licensure with respect to basic safety and health standards. Licensed camps would provide additional housing for migrant workers. There is currently little alternative housing available for migrant workers in cherry growing communities outside of the cherry camps. Without camps available, workers often live "on the river bank," that is, in isolated rural areas without safe sources of drinking water or any sanitation facilities. The health risks both to workers and to the larger community associated with such conditions include the spread of infectious disease.
Proposal Changes the Following Existing Rules:
AMENDED SECTIONS:
WAC 246-358-001 Purpose and applicability.
| • | Formerly "Purpose and scope." Amendments specify that the purpose of the rule is temporary worker housing. |
| • | Provides reference for operators of cherry harvest camps to chapter 246-361 WAC or chapter 296-307 WAC, Part L-1. |
| • | Specifies that operators with nine or less occupants are not required to be licensed under this chapter. |
| • | Specifies that operators with at least one employee are still subject to WISHA standards. |
| • | Amended current definitions and added new definitions as applicable to temporary worker housing. |
| • | Amended for clarity and consistency with WISHA standards. |
| • | Added requirements for self-survey program. |
| • | Corrected reference to water testing requirements. |
| • | Renamed section, formerly "Location and maintenance." |
| • | Amended for clarity and consistency with WISHA standards. |
| • | Added requirements for development and implementation of a temporary worker housing management plan. |
| • | Amended section for clarity and consistency with WISHA standards. |
| • | Corrected references to Group A and Group B water systems, and added a table for assistance. |
| • | Added requirements to be consistent with WISHA requirements and ASHRAE water system standards. |
| • | Amended section for clarity and consistency with WISHA standards. |
| • | Added requirements that all drain, waste and vent systems are connected to public sewers, if available, or to approved on-site disposal systems. |
| • | Renamed section, formerly "Construction" requirements and maintenance. |
| • | Amended section for clarity and consistency with WISHA standards, updated references. |
| • | Added construction references to the State Building Code and the DOH temporary worker housing construction standard. |
| • | Amended section for clarity and consistency with WISHA standards. |
| • | Moved lighting and electricity requirements to WAC 246-358-070. |
| • | Renamed section, formerly "Bathing and handwashing," to be consistent with WISHA standards. |
| • | Amended section for clarity and consistency with WISHA standards. |
| • | Moved water supply requirements to WAC 246-358-055. |
| • | Moved lighting and electricity requirements to WAC 246-358-070. |
| • | Added privacy requirement for shower facilities. |
| • | Changed "slop sink" to "service sink" and defined height of splash as four feet. |
| • | Amended section for clarity and consistency with WISHA standards. |
| • | Separated requirements for types of facilities, i.e. general toilet facilities, centralized toilet facilities, and individual/family unit dwelling facilities. |
| • | Moved lighting and electricity requirements to WAC 246-358-070. |
| • | Amended section for clarity and consistency with WISHA standards. |
| • | Moved lighting and electricity requirements to WAC 246-358-070. |
| • | Moved water supply requirements to WAC 246-358-055. |
| • | Defined adequate storage space for dry food and refrigeration space. |
| • | Added "Cots" to title of section. |
| • | Amended section for clarity and consistency with WISHA standards. |
| • | Renamed section, formerly "Health" and safety. |
| • | Amended section for clarity and consistency with WISHA standards. |
| • | Moved requirement to fill abandoned pit privies to WAC 246-358-045. |
| • | Amended section for clarity and consistency with WISHA standards. |
| • | Moved camp closure requirement to WAC 246-358-045. |
| • | Amended section for clarity and consistency with WISHA standards. |
| • | Amended section for clarity and consistency with WISHA standards. |
| • | Moved camp rules requirements to WAC 246-358-045. |
WAC 246-358-027 Requirements for self-survey program.
Places policy requirements in rule.
| • | Specifies requirements for participation in self-survey program. |
| • | Specifies requirements for remaining in self-survey program. |
| • | Specifies requirements for change of ownership and continuation in self-survey program. |
| • | Specifies requirements for determination of maximum occupancy for operator supplied housing. |
| • | Specifies requirements for determination of maximum occupancy for worker supplied housing. |
| • | Specifies requirements for the variance application and authority for approval process consistent with WISHA standards. |
| • | Consolidates all electricity and lighting requirements into one section. |
WAC 246-358-020 Exemptions.
| • | Exemption requirements are deleted, however operators who meet the requirements can follow the variance requirements in WAC 246-358-040. The variance language is consistent with WISHA standards adopted under chapter 49.17 RCW. |
| • | Language is unnecessary. Authority covered in statute, chapter 70.114A RCW, and in applicability. |
| • | Chapter 246-361 WAC allows for use of tents in the cherry harvest. |
| • | Requirements amended and moved to WAC 246-361-001. |
| • | Requirements amended and moved to WAC 246-361-025. |
| • | Language deleted. |
| • | Requirements amended and moved to WAC 246-361-045. |
| • | Requirements amended and moved to WAC 246-361-070. |
| • | Requirements amended and moved to WAC 246-361-095 and 246-361-100. |
| • | Requirements amended and moved to WAC 246-361-135. |
| • | Requirements amended and moved to WAC 246-361-125. |
| • | Requirements amended and moved to WAC 246-361-125. |
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Regulating grower provided temporary worker housing presents the state1 with unusual and especially difficult challenges. Our society does not obligate employers to provide housing for their employees and presently few growers choose to do so. In 1998, only 25 of some 290 growers provided temporary housing, sheltering 1765 of the approximate 16,000 cherry orchard workers. Those workers without grower provided housing face dismal conditions that directly threatens their health and safety. They sleep along riverbanks, irrigation canals, in back woods or crowd into hotel rooms and mobile homes designed to accommodate many fewer people. For shelter workers resort to cars, campers, tents, and sometimes even cardboard boxes. Safe drinking water is rarely available and handwashing, toilet, bathing, food preparation and food storage (including refrigeration) facilities are virtually nonexistent. The absence of potable water and sanitation facilities greatly increases the risk of outbreaks of gastroenteritis, diarrhea, dysentery, cholera, and typhoid fever among workers.
As a result, the state must exercise extra-ordinary caution when crafting these regulations. The high cost of meeting stringent standards will lead some growers close their camps. As a consequence, rather than improving public health, overly stringent standards could directly threaten worker's health and safety by forcing workers into the depravation described above.2 Conversely, while the amount of housing provided under a minimalist regulatory approach may well increase, that housing may not adequately protect workers health and safety. The state's goal when developing the revised housing standards was to maximize the health and safety of migrant workers considering both the improvements for workers staying within licensed camps and the detriments to workers when work camps are no longer available.
Is an SBEIS necessary? Under the Regulatory Fairness Act (chapter 19.85 RCW), a small business economic impact statement (SBEIS) is required whenever a regulation imposes "more than minor" costs on a regulated business. The "more than minor" threshold varies by industry. It is $50 for the businesses falling under the "fruits and tree nuts" standard industrial code classification. The state is considering two sets of regulatory requirements. The cost of each regulatory option is estimated in Table 1. Both options clearly have estimated costs above the $50 threshold. Therefore, the state must prepare an SBEIS.
Table 1
Estimated Annual Per Occupant Cost to Comply with Migrant Farmworker Regulations
| Requirement | Option I | Option II | ||||||
| Camp size (occupants) | 30 | 90 | 30 | 90 | ||||
| Grower supplied housinga | $47.43 | $42.48 | $47.43 | $42.48 | ||||
| Electrical outlets in each tentb | $27.33 | $27.33 | $27.33 | $27.33 | ||||
| Lighting in each tentc | $6.07 | $6.07 | $6.07 | $6.07 | ||||
| Bedsd | $11.43 | $11.43 | $18.87 | $18.87 | ||||
| Flooring in housinge | $4.00 | $4.00 | $8.03 | $8.03 | ||||
| Enhanced cooking facilitiesf | $1.17 | $0.70 | $54.00 | $54.00 | ||||
| 2 cu. ft. of refrigeration spaceg | $6.50 | $5.73 | $1.87 | $1.87 | ||||
| Water testingh | $4.33 | $1.44 | $4.33 | $1.44 | ||||
| Total cost | $108.26 | $98.22 | $167.93 | $160.09 | ||||
| a | Assumes that operators will meet the shelter requirements by utilizing the North Central Community Action Council's tent rental program (or a similar tent rental program). WISHA standards for tents includes minimum ceiling heights, and provide 6 occupants at least 50 square feet per occupant. According to the North Central Community Action Council it will charge growers about $160 ($125 for depreciated cost and $35 for annual storage -- assumes the tent is used twice each year) to rent a tent for 21 days. In addition, growers must pay for approximately 8 hours of labor (tent set up, break down, maintenance, and storage) for each tent. At a wage rate of $10 hour this adds $80 to the cost of each tent. Growers must also pay transportation costs for four round trips per year (site survey, delivery of tent, set up of tent, break down of tent). The average round trip is 180 miles and costs $0.31 per mile. The four round trips add about $223 to the cost of tents. Overall, a small operator is estimated to face annual tent rental costs of about $1423 while large growers costs approximate $3823. |
| b | The proposed rule would require a convenience outlet in every tent. To meet this requirement assumes operators would install 50 ft. of underground wiring for each tent. In addition assumes that a GFI outlet mounted on a 4x4 pressure treated post (set in concrete), 15 ft. away from the underground wiring will supply the electricity. The underground wiring costs $1.00 per foot, the 4x4 post $6.39, the concrete $5.55 (3 cubic feet), GFI outlet $12.97, and 4 hours of labor at $65 per hour. Total cost of the exterior wiring assembly is approximately $350 per tent. Discounting this amount at a 10% interest rate of 20 years results in an annual cost of $41 per tent. In addition, to bring the electricity inside the tent will require six feet of flexible conduit ($1.10 per foot), and two duplex outlets ($1.50 per item), and 1 hour of labor to assemble -- total cost $74.60. Discounting this amount at a 10% interest rate of five years results in an annual cost of about $20 per tent. Finally, the analysis also assumed that it takes one hour of worker time ($65) to set up and break down the interior wiring in each tent and that each tent would require an annual electrical inspection at a cost of $38. The total annual cost of providing a convenience outlet is estimated at $164. |
| c | Assumes each tent will have three 100 watt UL approved fixtures for general lighting and one 75 watt UL listed fixture for task lighting. Using "shop type" lights at a cost of $20 each adds $80 to the compliance. In addition, the state added $5 per lamp per year to cover the cost of setting up and breaking down the lamp, electricity, and light bulbs bringing the lighting cost to $100 per tent. This cost assumes that wire extending from the lamp will be UL approved and will be secured to rigid members of the tent's space frame with plastic fasteners and not enclosed in conduit. The state estimates the total cost for large and small camps at $500 and $1500, respectively. Discounting this cost over a seven year period at a 10% interest rate results in yearly costs of $103 and $309 for small and large camps. |
| d | Assumes that operators will rent beds though a program connected with the tent rental program. Under Option 1, growers will provide military style cots costing $74 each (aluminum frame, nylon covering). Assuming the cots will be rented twice per year and take 1 hour of staff time ($10/hr) per tent to set up and breakdown. Assumes no transportation costs (the trucks used to transport tents can accommodate the cots) or storage costs. Discounting the cost of six cots over five years at 10% discount rate, dividing this cost in half (2 rentals) and adding $10 in setup and breakdown fees results in annual costs of $69 per tent. |
| Option 2 assumes that army type bunk beds with mattresses costing $300 per set of two (or $150 per camp occupant) will be required. Discounting this cost of six beds over 10 years at 10% discount rate results in annual costs of $147. However, also assumes that the beds will be rented twice per year. Additional costs include two additional hours of staff time to set up and breakdown the beds in each tent and $20 per year to store six beds. On the other hand, assumes that the trucks used to transport tents can accommodate the beds, therefore, no transportation costs. Thus, the cost to operators to rent beds is estimated at $113 per tent. | |
| e | Two options are under consideration regarding flooring in tents. Option 1 would require flooring made of textile or film materials that provides a smooth, flat, stable, walking surface that is weather resistant and prevents the entrance of rodents, snakes, etc. This analysis assumes that growers would meet with requirement with integrated floors supplied with the rented tents. This requirement is estimated to add $24 to the cost of renting each tent. |
| Option 2 would require the tent to sit upon floors that comply with State Building Code requirements. This analysis assumes that operators would meet this requirement with a 350 square foot concrete pad costing $1.17/sq. ft. (~$50/yard of concrete plus labor) for a cost of $410. Discounting this cost over a 20-year period at a 10% discount rate adds $48 to the cost of each tent. | |
| f | Current regulations allow food preparation areas to be open on one side. Option 1 requires enclosed cooking areas. This analysis estimates the cost of adding a fourth concrete wall and a screened opening. Assumes large farm has two food preparation areas each requiring an additional 22 ft. linear of concrete block wall as well as 24 sq. ft. of screened opening. Assuming: Concrete block walls at $10.25/sq. ft. (materials and labor) for an additional cost of $451; $37 for screening material, and $100 in labor cost to install screens. The total cost of the additional requirements for the two food preparation area structures is estimated at $588 or $69 per year when annualized over 20 years at a 10% interest rate. |
| For small farms the added requirements affect a single food preparation area adding 22 ft. linear of concrete block wall as well as 24 sq. ft. of screened opening. Assumes: Concrete block walls at $10.25/sq. ft. (materials and labor) for an additional cost of $225; $25 for screening material, and $50 in installation labor cost. The total cost of the additional requirements for the two food preparation area structures is estimated at $300 or $35 per year when annualized over 20 years at a 10% interest rate. | |
| Under Option 2, growers would be required to provide in-tent cooking facilities. Operators would have to take several different actions to satisfy this requirement. The equipment need includes a four burner stove ($219), sturdy cabinet ($250), sink ($50), faucet ($25), four linear feet of easily cleaned countertop ($30), a five gallon water heater ($125), two hours of plumber time to assemble this unit ($130), and a 6 cu. ft. refrigerator ($269). Assuming that these fixtures are rented from an entity such as the North Central Community Action Council, they would cost the grower $88 per year per tent. (Assumes the fixtures rented twice each year, have $50 per year in storage costs, are depreciated over a 10 year period, and are delivered with the tent -- so no transportation costs.) | |
| In addition to these rental costs, in-tent cooking facilities would require certain infrastructure investments. Additions to the electrical system include 110 volt outlets dedicated to the refrigerator, the cooking surface, the hot water heater, and the lighting (110 v). Servicing this electrical load would require at least three circuits from each tent to the main panel. (A potential additional cost not included here is upgrading main panel.) The cost to install the four additional outlets and two additional circuits estimated at $220. Discounting this cost over a five year period adds $58 to the annual cost of each tent. Overall, the additional cost for enhanced electrical service is $96 per tent. (The cost for an annual electrical inspection is assumed to be included in the cost of a convenience outlet, see footnote b.) The additional electricity consumed is an important cost not included in this estimate. | |
| New infrastructure will also be needed to supply running water within tents. This analysis assumes that each tent will need an average of 65 feet of water and septic pipes. The cost to dig two 65 ft. trenches (water and septic pipes cannot be co-located in the same trench) is estimated at $85. Discounting this cost over a 20 year period results in annual costs of about $10 per tent. In addition, this analysis assumes it takes a plumber two hours ($65/hour) to connect and disconnect the sink system to the running water and septic systems. Overall, this requirement adds an estimated $140 to the annual cost of each tent. | |
| Overall, the cost of providing in-tent cooking facilities is estimated at $324 per tent. | |
| g | Current regulations require at least 1 cu. ft. of refrigeration space per camp occupant. Option 1 would increase this volume to 2 cu. ft. of refrigeration space per camp occupant effectively doubling the required volume of refrigeration. Assumes a small work camp operator would respond to this requirement by adding one 18 cu. ft. refrigerator at a cost of about $400 and one 6 cu. ft. refrigerator at a cost of about $269. In addition, a small work camp operator will have to enlarge the size of the central cooking facility at an estimated cost of $733 (24 sq. ft. at $30.5/sq. ft.). (Demolition costs associated with expanding existing facilities not included in this cost estimate.) Overall, this requirement is projected to add $195 to the yearly cost of operating a small camp (enclosure discounted over 20 years, refrigerators over 10 years). |
| A large work camp operator is predicted to respond to this requirement by adding five 18 cu. ft. refrigerators at a cost of about $2000. In addition, a large work camp operator will have to enlarge the size of the two central cooking facilities at an estimated cost of $1651 (60 sq. ft. at $27.5/sq. ft.). (Demolition costs associated with expanding existing facilities not included in this cost estimate.) Overall, this requirement is projected to add $516 to the annual cost of operating a large camp (enclosure discounted over 20 years, refrigerators over 10 years). | |
| Option 2 also requires 2 cu. ft. of refrigeration space per camp occupant, however, as part of the cooking facilities within each tent. The cost difference between 6 and 12 cu. ft. refrigerator is about $69 ($338 vs. $269). The required tents are large enough to accommodate the larger refrigerator and therefore, operators would not need to rent a larger and more expensive tent. Discounting the cost difference over 10 years at a 10% discount rate results in a per tent annual cost of $11.23 for both large and small camps. | |
| h | The proposed rule would require growers to test for nitrates prior to opening the camp. The cost of this testing is about $30. |
| Other requirements that growers may face for the first time relate to the inspection of temporary worker housing water supply systems (specifically tent camps). These requirements are not new. Current regulations state that growers must "design, construct, maintain, and operate the water system in accordance with chapter 246-290." However, recent Department of Health inspections of temporary work camp drinking water systems revealed that many did not comply with these requirements. To address this situation, the state is planning a higher level of enforcement. This analysis includes the cost of complying with these requirements because, while not new, they nonetheless may affect a growers willingness to provide a camp. Bringing a well and distribution system into compliance with current regulations would require an existing water system sanitary survey (about $300), a water quality sample ($300), and a review of an existing water system approval workbook ($250). Annualizing this cost over a 20 year period would result in annual costs of approximately $100 per year for both large and small camps. The overall cost of meeting the nitrate and inspection requirements is $130 per year for both large and small camps. | |
| The estimated cost assumes that no problems are uncovered during the sanitary survey and existing water system approval process. Recent Department of Health inspections of temporary work camp drinking water systems (includes more than just cherry harvest camps) revealed that a significant portion had problems needing to be addressed. As a result, some growers could face costs considerably higher than estimated here. |
The proposed code clearly affects both large and small businesses. While specific figures are not available for all cherry farmers, those participating in the Department of Health's provisional licensure programs of 1996, 1997 and 1998 provide a picture of the range of business size. Of the 30 operators who participated in at least one year, 17 provided housing camps for fewer than 50 workers. The remaining 22 operators all housed more than 50 workers. While the participating operators were similar in number, the number of workers staying in the larger camps was significantly greater than the number staying in the smaller camps; 2306 to 445.3
Does the proposed rule impose disproportionate cost on small businesses? To determine whether the proposed rule imposes disproportionate costs on small businesses, the department projected the cost of complying with the proposed provisions for two camp sizes: A small farm camp of 30 individuals and a large farm camp of 90 workers.4 These costs were then divided by the number of workers in each camp size to obtain a "cost per worker" comparison figure. The department's cost projections are based on generic camp configurations and assumptions about typical site conditions. As such, actual costs of individual operators may be higher or lower than the estimates presented here.
The cost projections presented in Table 1 indicate that the proposed rule amendments impose similar costs on small and large migrant worker housing camps. The state concludes that the magnitude of the cost differential, 5 to 10% for Options 2 and 1, respectively, is not significant. Therefore, the state concludes that the Regulatory Fairness Act does not require mitigation for small businesses.
Other Mandates of the Regulatory Fairness Act: State efforts to involve businesses when developing the proposed rule.
DOH held three stakeholder meetings in advance of the rules being proposed. Grower and labor representatives attended the first two meetings to provide input on draft language as well as specific cherry harvest issues.
The third meeting was held October 15, 1999 in Ellensburg and was open to all licensees and interested parties. A copy of the draft rules was mailed to all licensed operators, as well as all stakeholders along with the meeting announcement. Over 300 persons received the mailing.
What are the reporting, recordkeeping, and other compliance requirements? Operators of cherry harvest camps seeking licensure must submit a completed application and licensure fee to the Department of Health as established in WAC 246-358-990. In addition, operators must provide the Department of Health with proof that the camp is provided water by a community water system, or proof of a nitrate level test and a satisfactory bacteriological water quality test.
Will the proposed rule cause affected industries to lose business? The proposed regulatory amendments should not cause cherry growers to lose business. The rule only affects growers who choose to provide housing. While the cost of providing that housing may cause a grower to lose revenue, it should not reduce the amount of cherries produced by that grower. In fact, provision of housing can ensure that a grower secures the most productive workers at the point when the cherries ripen. This may even help to increase a grower's production of cherries. Conversely, those growers who formerly offered housing but choose not to do so due to the cost of the proposed regulatory amendments may see a decline in production. However, overall the state does not expect the proposed rule to significantly affect the sale of cherries.
Appendix 1
Cost Estimates and Sources
| Item | SIZE/TYPE | COST | PER ??? | SOURCE |
| Land | ballpark average (=$/acre) | $8,000 | acre | Grant county assessors office |
| Grading | 22 x 18, 1hr | $75.00 | hour (+1hr drop-off) | Gary's Bulldozing |
| Trenching | backhoe rental (50ft/hr@$20/hr) | $0.40 | foot | |
| labor (=2 person hrs/50ft@$12.5/hr) | $0.25 | foot | ||
| Concrete | $50.00 | yard | Holroyd Concrete | |
| Lumber | 7/16" OSB roof sheathing | $9.34 | sheet | Capital Lumber |
| 3/4" OSB | $13.97 | sheet | Home Depot | |
| Roof Truss | 25' span | $100.00 | truss | BMC |
| 18' span | $50.00 | |||
| Roofing | GG-20 Glassguard | $30.50 | square | Wash Cedar |
| Light | Interior | $40.00 | unit | Home Base |
| Exterior (festoon type) | $25.00 | 40 ft | REM Electronics | |
| Support Post (4x4) in concrete | $85.00 | unit | Staff assumption | |
| Clip lamp (in-tent) 100W bulb, 8.5 in. reflector and 15 ft. cord | $20.00 | unit | Home Depot | |
| Coleman type electric lamp | $34.00 | unit | Sears | |
| 6 volt battery (eveready) | $3.56 | unit | Home Depot | |
| Outlet | Fault interrupt protection | $10.00 | unit | Staff assumption |
| Outlet/Switch | normal | $1.00 | unit | Home Depot |
| Rough Electrical | Standard 110 wiring | $25.00 | devise | Staff assumption |
| L&I Inspection | Permanent wiring | $69.70 | site | L&I |
| Nonpermanent wiring | $37.25 | site | L&I | |
| Door | 3-0 pre hung exterior (6" wall, B-grade) | $165.00 | item | Door Store |
| 2-6 interior (B-grade) | $48.00 | |||
| Screen | 24"x10' 1/4" hard ware cloth | $12.45 | item | Home Depot |
| Concrete Forming | flat work | $0.55 | square ft | S. Nelson Construction |
| foundation framing | $5.00 | linear ft | ||
| Toilets | weekly rental | $125.00 | item | Honey-Bucket |
| Walls | 8" conc. block | $10.50 | wall sqr ft | Spilker Const. |
| Roofing | labor | $25.00 | per square | Pacific Contractors |
| Plumbing | rough plumbing | $500.00 | fixture | B-J Fisher |
| Sink | wall hung, wall-out equipment | $95.00 | ||
| Toilet | wall out equipment | $80.00 | item | Rosen Supply |
| Toilet paper | MD brand | $6.00 | 24 rolls | Target |
| Kitchen Appl. | sink stainless, double bowl | $110.00 | sink | Rosen Supply |
| refrigerator, 18 ft.3 | $400.00 | unit | Sears | |
| refrigerator, 5.6 ft.3 | $225.00 | unit | Sears | |
| stove | $50.00 | burner | Sears | |
| BBQ | $125.00 | unit | Lacy Parks Dept. | |
| Formica | 3' wide roll | $4.99 | foot | Home Depot |
| adhesive | $13.97 | gallon | Home Depot | |
| Table Clothe | Vinyl, 52" x 70" | $4.99 | unit | Target |
| Cutting Board | Polyurethane, 14" x 17" | $9.99 | unit | Target |
| Shower | valve, head & drain only | $65.00 | Rosen Supply | |
| Laundry Tray | floor mount w/washboard, wall-out equipment | $130.00 | Rosen Supply | |
| Septic | 50 person system (no toilet) | $5,000.00 | Total est. | Thurston County Permitting Dept. |
| Water Supply | To structure | $3.00 | foot | Lacey City shop |
| Water Test | Bacteriological | $20.00 | test | DOH staff |
| Water Heating | Bosch WR400-1K | $671.00 | unit | John Condon Co. |
| GE 5 gallon electric | $149.99 | unit | Home Depot | |
| Garbage | 20 yard draw box | $3.00 | day | Pacific Disposal |
| Haul fee | $60.00 | haul | ||
| $0.05 | mile | |||
| Tents | OSHA compliant | $125.00 | 21 days | N. Columbia Community Action Council |
| 8 hrs. assembly/break down time | $10.00 | hour | ||
| 180 miles transportation | $0.31 | mile | ||
| Beds (with mattresses) | Military type bunk beds | $300 | 2 beds | Federal Army & Navy Supply |
1For convenience, this analysis refers to the Department of Health and the Department of Labor and Industry collectively as the "state."
2The authorizing statute specifically directs the state to consider costs when developing TWH regulations "...The temporary worker building code shall permit and facilitate designs and formats that allow for maximum affordability..." (RCW 70.114A.081 (1)(b))
3It is important to keep in mind that only a small number of cherry growers participated in the Department's housing program. As a result, small businesses may comprise a significantly higher or lower proportion of all cherry growers than the 44 percent estimated here. This calculation is solely to demonstrate that proposed rule affect both large and small businesses as defined by the Regulatory Fairness Act.
4The camp sizes used to estimate grower costs represented are based upon cherry farm work camps participating in the Department of Health's provisional tent program from 1996-1998. The median camp size among those with fewer than 50 occupants was 30. The median camp size among those with more than 50 occupants was 90.
A copy of the statement may be obtained by writing to Jennell Prentice, Facilities and Services Licensing, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 705-6661, fax (360) 705-6654, e-mail REGMAIL@doh.wa.gov.
RCW 34.05.328 applies to this rule adoption.
Hearing Location: On January 6, 2000, at 1:00 p.m.; (Note: Public hearing is to be held simultaneously via Washington Interactive Television) at the Yakima Site: DIS Interactive Technologies, c/o Department of Ecology, Yesterday's Village, 15 West Yakima Avenue, Suite 220, Yakima, WA 98902; at the Everett Site: Everett Community College, Olympus Hall, Room 205, 801 Wetmore Avenue, Everett, WA 98201; at the Tri-Cities Site: DIS Interactive Technologies, 8551 West Gage Boulevard, Suite H, Kennewick, WA 99336; and at the Wenatchee Site: Wenatchee Valley Community College, Batjer Hall, Room 8038, 1300 5th Street, Wenatchee, WA 98801.
Assistance for Persons with Disabilities: Contact Jennell Prentice by December 20, 1999, TDD (800) 833-6388, or (360) 705-6652.
Submit Written Comments to: Jennell Prentice, Rules Administrator, Facilities and Services Licensing, P.O. Box 47852, Olympia, WA 98504-7852, fax (360) 705-6654, e-mail REGMAIL@doh.wa.gov, by January 6, 1999 [2000].
Date of Intended Adoption: No sooner than February 1, 1999 [2000].
November 15, 1999
M. C. Selecky
Secretary
OTS-3466.2
NEW SECTION
WAC 246-361-001
Cherry harvest camps--Purpose and
applicability.
(1) Purpose. This chapter is adopted by the Washington state department of health to implement the provisions of chapter 70.114A RCW and establish minimum health and safety requirements for cherry harvest camps.
(2) Applicability.
(a) This chapter applies only to operators of cherry harvest camps during the cherry harvest season. Operators using other housing must refer to WAC 296-307-16100, Part L1, or chapter 246-358 WAC.
(b) Operators with ten or more occupants are required to be licensed under this chapter. Operators with one or more employees are required to comply with WISHA standards.
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For the purposes of this chapter, the following words and phrases will have the following meanings unless the context clearly indicates otherwise:
"Building" means any structure used or intended for supporting or sheltering any use or occupancy that may include cooking, eating, sleeping and sanitation facilities.
"Cherry harvest camp" or "camp" means a place, area, or piece of land where dwelling units or camp sites are provided by an operator during the cherry harvest.
"Common food-handling facility" means an area designated by the operator for occupants to store, prepare, cook, and eat their own food supplies.
"Current certificate (first aid)" means a first-aid-training certificate that has not expired.
"Department" means the Washington state department of health.
"Dining hall" means a cafeteria-type eating-place with food furnished by and prepared under the direction of the operator for consumption, with or without charge, by occupants.
"Drinking fountain" means a fixture equal to a nationally recognized standard or a designed-to-drain faucet, which provides potable drinking water under pressure. "Drinking fountain" does not mean a bubble-type water dispenser.
"Dwelling unit" means a shelter, building, or portion of a building, that may include cooking and eating facilities, which is:
• Provided and designated by the operator as either a sleeping area, living area, or both, for occupants; and
• Physically separated from other sleeping and common-use areas.
Note: For the purpose of this chapter, a "tent" is considered a dwelling unit.
"First aid qualified" means that the person holds a current certificate of first-aid training from the American Red Cross or another course with equivalent content or hours.
"Food-handling facility" means a designated, enclosed area for preparation of food.
"Group A water system" means a public water system and includes community and noncommunity water systems.
(a) A community water system means any Group A water system providing service to fifteen or more service connections used by year-round residents for one hundred eighty or more days within a calendar year, regardless of the number of people, or regularly serving at least twenty-five year-round (i.e., more than one hundred eighty days per year) residents.
(b) Noncommunity water system means a Group A water system that is not a community water system. Noncommunity water systems are further defined as:
(i) Nontransient (NTNC) water system that provides service opportunity to twenty-five or more of the same nonresidential people for one hundred eighty or more days within a calendar year.
(ii) Transient (TNC) water system that serves:
• Twenty-five or more different people each day for sixty or more days within a calendar year;
• Twenty-five or more of the same people each day for sixty or more days, but less than one hundred eighty days within a calendar year; or
• One thousand or more people for two or more consecutive days within a calendar year.
"Group B water system" means a public water system: Constructed to serve less than fifteen residential services regardless of the number of people; or constructed to serve an average nonresidential population of less than twenty-five per day for sixty or more days within a calendar year; or any number of people for less than sixty days within a calendar year.
"Health officer" means the individual appointed as such for a local health department under chapter 70.05 RCW or appointed as the director of public health of a combined city-county health department under chapter 70.08 RCW.
"Livestock" means horses, cows, pigs, sheep, goats, poultry, etc.
"Livestock operation" means any place, establishment, or facility consisting of pens or other enclosures in which livestock is kept for purposes including, but not limited to, feeding, milking, slaughter, watering, weighing, sorting, receiving, and shipping. Livestock operations include, among other things, dairy farms, corrals, slaughterhouses, feedlots, and stockyards. Operations where livestock can roam on a pasture over a distance may be treated as outside the definition.
"MSPA" means the Migrant and Seasonal Agricultural Worker Protection Act (96 Stat. 2583; 29 U.S.C. Sec. 1801 et seq.).
"Occupant" means a temporary worker or a person who resides with a temporary worker at the camp site.
"Operating license" means a document issued annually by the department of health or contracted health officer authorizing the use of temporary-worker housing.
"Operator" means a person holding legal title to the land on which the camp 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 camp.
"Recreational park trailers" means a trailer-type unit that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use, that meets the following criteria:
• Built on a single chassis, mounted on wheels;
• Having a gross trailer area not exceeding 400 square feet (37.15 square meters) in the set-up mode; and
• Certified by the manufacturer as complying with ANSI A119.5.
"Recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational camping, travel, or seasonal use that either has its own motive of power or is mounted on, or towed by, another vehicle. Recreational vehicles include: Camping trailers, fifth-wheel trailers, motor homes, travel trailers, and truck campers.
"Refuse" means solid wastes, rubbish, or garbage.
"Temporary worker" means an agricultural employee employed intermittently and not residing year-round at the same site.
"Tent" means an enclosure or shelter constructed of fabric or pliable material composed of rigid framework to support tensioned membrane that provides the weather barrier.
"WISHA" means the Washington Industrial Safety and Health Act, chapter 49.17 RCW, administered by the Washington state department of labor and industries.
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An operator may request technical assistance from the department of health or the department of labor and industries to assist in compliance with this chapter.
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A cherry tent camp license is limited to twenty-one days. The operator:
(1) Must request a license from the department or health officer when:
(a) The camp will house ten or more occupants;
(b) Compliance with MSPA requires a license; or
(c) Construction of camp buildings requires a license under chapter 246-359 WAC, Temporary worker housing construction standard.
(2) Must apply for an operating license at least forty-five days prior to either the use of the camp or the expiration of an existing operating license by submitting to the department or health officer:
(a) A completed application on a form provided by the department or health officer;
(b) Proof water system is current with all water tests required by chapter 246-290 or 246-291 WAC; and
(c) A fee as specified in WAC 246-361-990.
(3) May receive a license extension from the department for up to seven days when:
(a) The operator requests an extension for additional days at least three days before the license expiration date; and
(b) The department in consultation with the local health jurisdiction will determine if an extension would serve to protect the public health.
(4) Will receive an operating license for the maximum number of occupants as determined by WAC 246-361-030 when:
(a) The application requirements from subsection (2) of this section are met;
(b) The site is in compliance with this chapter as demonstrated by a licensing survey completed by the department; and
(c) The operator follows the corrective action plan established by the department if existing site does not meet all the requirements of this chapter.
(5) Must post the operating license in a place readily accessible to workers.
(6) Must notify the department in the event of a transfer of ownership.
(7) Must cooperate with the department during on-site inspections.
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The maximum occupancy for a camp will be based on:
(1) The number of shelters provided; and
(2) The number of bathing, food handling, handwashing, laundry, and toilet facilities.
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Conditions may exist in operations that a state standard will not have practical use. The director of the department of labor and industries may issue a variance from the requirements of the standard when another means of providing equal protection is provided. The substitute means must provide equal protection in accordance with the requirements of chapter 49.17 RCW and chapter 296-350 WAC, variances.
Applications for variances will be reviewed and may be investigated by the department of labor and industries and the department of health. Variances granted will be limited to the specific case or cases covered in the application and may be revoked for cause. The variance must remain prominently posted on the premises while in effect.
Variance application forms may be obtained from the Department of Labor and Industries, P.O. Box 44625, Olympia, Washington 98504-4625 or the Department of Health, P.O. Box 47852, Olympia, Washington 98504-7852, upon request. Requests for variances from safety and health standards must be made in writing to the director or the assistant director, Department of Labor and Industries, P.O. Box 44625, Olympia, Washington 98504-4625. (Reference RCW 49.17.080 and 49.17.090.)
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The operator must:
(1) Locate and operate a site to prevent a health or safety hazard that is:
(a) Adequately drained and any drainage from and through the camp must not endanger any domestic or public water supply;
(b) Free from periodic flooding and depressions in which water may become a nuisance;
(c) At least two hundred feet from a swamp, pool, sink hole, or other surface collection of water unless there is a mosquito prevention program for those areas;
(d) Large enough to prevent overcrowding of necessary structures. The principal camp area for sleeping and for food preparation and eating must be at least five hundred feet from where livestock are kept; and
(e) Maintained in a clean and sanitary condition.
(2) Develop and implement a cherry harvest camp management plan and rules to assure that the camp is operated in a safe and secure manner and is kept within the approved capacity. Additionally, the licensed operator must:
(a) Inform residents of the rules, in a language the resident understands, by providing individual copies of the rules to each camp resident or posting the rules in the camp area; and
(b) Restrict the number of occupants in the camp to the capacity as determined by the department.
(3) When closing the camp permanently or for the season, complete the following:
(a) Dispose of all refuse to prevent nuisance;
(b) Fill all abandoned toilet pits with earth; and
(c) Leave the grounds and buildings in a clean and sanitary condition.
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The operator must:
(1) Provide a water system that is:
(a) Approved as a Group A public water system in compliance with chapter 246-290 WAC or provide proof the camp receives water from an approved Group A public water system; or
(b) Approved as a Group B water system in compliance with chapter 246-291 WAC.
Note: A "same farm exemption" applies to a public water system serving only one single-family residence and a system with four or fewer connections, all of which serve residences on the same farm.
If your system has 15 or more connections, regardless of the population, it is a Group A water system.
| Avg. of less than 25 people | Avg. of 25 or more people | |
| At least 60 days or more | Group B | Group A TNC |
| 59 days or less | Group B | Group B |
Note: An "adequate water supply" means the storage capacity of the potable water system must meet the requirements of ASHRAE 1999 Applications Handbook, chapter 48, Water Systems.
(3) Ensure that the distribution lines are able to maintain the working pressure of the water piping system at not less than fifteen pounds per square inch after allowing for friction and other pressure losses.
(4) When water is not piped to each dwelling unit, provide cold, potable, running water under pressure within one hundred feet of each dwelling unit.
(5) When water sources are not available in each individual tent, provide one or more drinking fountains for each one hundred occupants or fraction thereof. Prohibit the use of common drinking cups or containers from which water is dipped or poured.
(6) When water is unsafe for drinking purposes and accessible to occupants, post a sign by the source reading "Do not drink. Do not use for washing. Do not use for preparing food." printed in English and in the native language of the persons occupying the camp, or marked with easily understood pictures or symbols.
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An operator must:
(1) Provide sewage disposal systems in accordance with local health jurisdictions.
(2) Connect all drain, waste, and vent systems from buildings to:
(a) Public sewers, if available; or
(b) Approved on-site sewage disposal systems that are designed, constructed, and maintained as required in chapter 246-272 WAC, chapter 173-240 WAC, and local ordinances.
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(1) General electricity requirements.
(a) The operator must supply electricity to all dwelling units, kitchen facilities, bathroom facilities, common areas, and laundry facilities.
(b) Wiring and fixtures must be installed in accordance with department of labor and industries regulations, chapter 19.28 RCW and local ordinances, and maintained in a safe condition.
(2) Electricity requirements in tents.
(a) Each individual tent must have at least one separate floor-type or wall-type convenience outlet. If the operator provides a refrigerator in the tent, a dedicated outlet must be provided for it.
(b) All electrical wiring and equipment installed in tents must meet the requirements of WAC 296-46-100.
(c) All electrical appliances to be connected to the electrical supply must meet the requirements for the load calculations as required by chapter 19.28 RCW.
(d) Electrical wiring exiting the tent to connect to the GFI outside outlet must be placed in approved flexible conduit not to exceed six feet in length.
(e) All wiring located inside the tent must be placed in conduit for protection and connected to a surface to secure the wiring to prevent movement. Wiring must be located to prevent tripping or safety hazards.
(f) Receptacles and lighting fixtures must be UL Listed and approved by the department for use in the tent.
(3) General lighting requirements.
(a) The operator must provide adequate lighting sufficient to carry on normal daily activities in all common use areas.
(b) Laundry and toilet rooms and rooms where people congregate must have at least one ceiling-type or wall-type fixture. Where portable toilets are used, lighting requirements can be met by area illumination.
(c) The operator must provide adequate lighting for safe passage for camp occupants to handwashing sinks and toilets.
(d) The operator must provide adequate lighting for showers during hours of operation.
Note: Lighting requirements may be met by natural or artificial means.
(4) Lighting requirements in tents.
(a) Tents must have adequate lighting sufficient to carry on all normal daily activities. For example: Three 100-watt bulbs located at the top ridge of the frame and are UL Listed or equivalent.
(b) Each tent must have at least one ceiling-type light fixture.
(c) Food preparation areas, if located in the tent, must have at least one lighting fixture located to provide task lighting over the food preparation area.
(d) Alternate lighting appliances must provide adequate lighting. In addition, if using two or more propane, butane, or white gas lighting appliances, a carbon monoxide monitor must be provided and located not more than thirty inches from the floor.
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(1) Tents must provide protection from the element.
(2) Structural stability and floors.
(a) Tents and their supporting framework shall be adequately braced and anchored to prevent weather related collapse. Documentation of the structural stability must be furnished to the department.
(b) Floors must be smooth, flat, and without breaks or holes to provide a hard, stable walking surface. Nonridged flooring supported by grass, dirt, soil, gravel, etc., are not acceptable. Floors that are constructed of wood or concrete must comply with the building code, chapter 19.27 RCW or temporary building code, chapter 296-359 WAC.
(c) Floor systems must prevent the entrance of snakes and rodents.
(3) Flame-retardant treatments.
(a) The sidewalls, drops, and tops of tents shall be composed of flame-resistant material or shall be treated with a flame retardant in an approved manner.
(b) Floor coverings, which are integral to the tent, and the bunting shall be composed of flame-resistant material or shall be treated with a flame retardant in an approved manner and in accordance with Uniform Building Code, Standard 31.1.
(c) All tents shall have a permanently affixed label bearing the following information:
(i) Identification of tent size and fabric or material type;
(ii) For flame-resistant materials, the necessary information to determine compliance with this section and National Fire Protection Association Standard 701, Standard Methods of Fire Tests for Flame-resistant Textiles and Films;
(iii) For flame-retardant materials, the date that the tent was last treated with an approved flame-retardant;
(iv) The trade name and type of flame-retardant utilized in the flame-retardant treatment; and
(v) The name of the person and firm that applied the flame-retardant.
(4) Means of egress.
(a) At least one door must lead to the outside of the tent and the area designated for refuge must be accessible and remain clear of storage materials or hazards.
(b) The door must not be obstructed in any manner and must remain free of any material or matter where its presence would obstruct or render the exit hazardous.
(c) If cooking facilities are provided in tents, the window located opposite the door must have a means to open the window or provide an easily openable space, for example, by means of a zipper which opens downward toward the floor.
(5) Floor area. The operator must:
(a) Provide at least seventy square feet of floor space for one occupant and fifty square feet for each additional occupant; and
(b) Provide at least fifty square feet of floor space for each occupant in rooms used for sleeping purposes.
(6) Ceiling height.
(a) If the tent has a sloped ceiling, a ceiling height of at least seven feet is required in fifty percent of the total area.
(b) No portion of the tent measuring less than six feet from the flooring to the ceiling shall be included in any computation of the minimum floor area.
(7) Windows and ventilation.
(a) Provide a window area equal to one-tenth of the total floor area in each habitable room which opens one-half or more directly to the outside for cross-ventilation which have sixteen-mesh screens on all exterior openings.
(b) The windows must have weather-resistant flaps, which will cover the window area and a means of fastening the flaps to provide protection from the elements and allow privacy for the occupants.
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The operator must ensure that all recreational vehicles and/or park trailers meet the requirements of chapters 296-150P and 296-150R WAC.
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An operator must:
(1) Provide one laundry tray or tub or one mechanical washing machine for every thirty persons.
(2) Provide facilities for drying clothes.
(3) Provide sloped, coved floors of nonslip impervious materials with floor drains.
(4) Maintain laundry facilities in a clean and sanitary condition.
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An operator must:
(1) Provide one handwash sink for every six persons in centralized facilities. Handwash sinks must be adjacent to toilets.
(2) Provide one showerhead for every ten persons in centralized facilities.
(3) Provide one "service sink" in each building used for centralized laundry, handwashing, or bathing.
(4) Provide sloped, coved floors of nonslip impervious materials with floor drains.
(5) Provide walls that are smooth and nonabsorbent to the height of four feet. If partitions are used, they must be smooth and nonabsorbent to the height of four feet.
(6) Provide all showers, baths, and shower rooms with floor drains to remove wastewater.
(7) Provide cleanable, nonabsorbent waste containers.
(8) Maintain bathing and handwashing facilities in a clean and sanitary condition, cleaned at least daily.
(9) Ensure shower facilities provide privacy from the opposite sex and the public.
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(1) General toilet requirements. Operators must provide flush toilets or chemical toilets. The department or health officer according to requirements in chapter 246-272 WAC, must approve pit privies. The operator must comply with the following:
(a) Flush toilets, chemical toilets, and urinals must not be located in any tent.
(b) When chemical toilets are provided they must be:
(i) Located at least fifty feet from any dwelling unit or food-handling facility;
(ii) Maintained by a licensed waste disposal company; and
(iii) Comply with local ordinances.
(c) When urinals are provided:
(i) There must be one urinal or two linear feet of urinal trough for each twenty-five men;
(ii) The floor from the wall and out at least fifteen inches from the outer edge of the urinals must be constructed of materials impervious to moisture;
(iii) The urinal must have an adequate water flush where water under pressure is available; and
(iv) Urinal troughs are prohibited in pit privies.
(d) When pit privies are approved they must be:
(i) At least one hundred feet away from any dwelling unit or food-handling facility; and
(ii) Constructed to exclude insects and rodents from the pit.
(2) Centralized toilet facilities. The operator must meet the following requirements when centralized toilet facilities are provided:
(a) Provide toilet rooms with:
(i) One toilet for every fifteen persons;
(ii) One handwashing sink for every six persons;
(iii) Either a window of at least six square feet opening directly to the outside, or be satisfactorily ventilated; and
(iv) All outside openings screened with sixteen-mesh material.
(b) Locate toilet rooms so that:
(i) Toilets are within two hundred feet of the door of each dwelling unit; and
(ii) No person has to pass through a sleeping room to reach a toilet room.
(c) Maintain toilets in a clean and sanitary condition, cleaned at least daily.
(d) Provide each toilet compartment with an adequate supply of toilet paper.
(e) When shared facilities will be used for both men and women:
(i) Provide separate toilet rooms for each sex with a minimum of one toilet room for each sex;
(ii) Identify each room "men" and "women" with signs printed in English and in the native language of the persons occupying the camp, or identified with easily understood pictures or symbols; and
(iii) Separate facilities by solid walls or partitions extending from the floor to the roof or ceiling when facilities for each sex are located in the same building.
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The operator must provide enclosed or screened cooking and food-handling facilities for all occupants. Adequate tables and chairs or seating must be provided for camp occupants.
(1) If the operator provides cooking facilities in tents, the operator must provide:
(a) An operable cook stove or hot plate with at least one cooking surface for every four occupants;
(b) A sink with hot and cold running potable water under pressure at each tent site;
(c) At least two cubic feet of dry food storage space per occupant;
(d) Nonabsorbent, easily cleanable food preparation counters situated off the floor;
(e) Mechanical refrigeration conveniently located and able to maintain a temperature of 45°F or below, with at least one cubic foot of storage space per occupant; and
(f) Adequate ventilation for cooking facilities.
(2) If the operator provides common food-handling facilities, the operator must provide:
(a) A room or building, adequate in size, separate from any dwelling unit;
(b) No direct openings to living or sleeping areas from the common food-handling facility;
(c) An operable cook stove or hot plate with at least one cooking surface for every four occupants, or four cooking surfaces for every two families;
(d) Sinks with hot and cold running potable water under pressure;
(e) At least two cubic feet of dry food storage space per occupant;
(f) Nonabsorbent, easily cleanable food preparation counters situated off the floor;
(g) Conveniently located mechanical refrigeration able to maintain a temperature of 45° F or below, with at least one cubic foot of storage space per occupant;
(h) Fire-resistant, nonabsorbent, nonasbestos, and easily cleanable wall coverings adjacent to cooking areas;
(i) Nonabsorbent, easily cleanable floors; and
(j) Adequate ventilation for cooking facilities.
(3) The operator must ensure that dining hall facilities comply with chapter 246-215 WAC, Food service.
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The operator must provide cots, beds or bunks for each occupant, not to exceed the maximum occupancy approved by the department or health officer.
(1) Beds or bunks must be furnished with clean mattresses and maintained in a clean and sanitary condition.
(2) The operator must:
(a) Provide a minimum of twelve inches between each cot, bed, or bunk and the floor; and
(b) Allow space to separate beds laterally and end to end by at least thirty-six inches when single beds are used.
(3) When bunk beds are used the operator must:
(a) Allow space to separate beds laterally and end to end by at least forty-eight inches; and
(b) Maintain a minimum space of twenty-seven inches between the upper and lower bunks.
(4) Locate cots, beds, or bunks at least thirty inches or more from cooking surfaces.
(5) The use of triple bunk beds is prohibited.
(6) The operator must provide suitable storage facilities for clothing and personal articles in each tent.
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The operator must:
(1) Comply with chapters 15.58 and 17.21 RCW, chapter 16-228 WAC, chapter 296-307 WAC Part I and J, and pesticide label instructions when using pesticides in and around the camp.
(2) Prohibit, in the housing area, the use, storage, and mixing of flammable, volatile, or toxic substances other than those intended for household use.
(3) Provide readily accessible first-aid equipment.
(4) Ensure that a first-aid qualified person is readily accessible to administer first-aid at all times.
(5) Store or remove unused refrigerator units to prevent access by children.
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The operator must:
(1) Comply with local sanitation codes for removing refuse from camp areas and disposing of refuse.
(2) Protect against rodent harborage, insect breeding, and other health hazards while storing, collecting, transporting, and disposing of refuse.
(3) Store refuse in fly-tight, rodent-tight, impervious, and cleanable or single-use containers.
(4) Keep refuse containers clean.
(5) Provide a container on a wooden, metal, or concrete stand within one hundred feet of each dwelling unit.
(6) Empty refuse containers at least twice each week, and when full.
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The operator must take effective measures to prevent and control insect and rodent infestation.
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The operator must:
(1) Report immediately to the local health officer the name and address of any individual in the camp known to have or suspected of having a communicable disease.
(2) Report to the local health officer or state board of health:
(a) Suspected food poisoning;
(b) An unusual prevalence of fever, diarrhea, sore throat, vomiting, or jaundice; or
(c) Productive cough, or weight loss is a prominent symptom among occupants.
(3) Prohibit any individual with a communicable disease from preparing, cooking, serving, or handling food, foodstuffs, or materials in dining halls.
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(1) License and survey fees. A cherry camp operator must submit to the department a license fee of twenty-five dollars and an on-site survey fee as specified in Table 990.
Note: The on-site survey fee for licensing includes four surveys (one prior to camp being occupied, two while camp is occupied, and one to verify the camp has been closed).
(2) Additional survey fees. An operator will be charged an additional on-site survey fee for any follow-up surveys, when the department determines additional on-site surveys are necessary to confirm compliance with this chapter. The additional survey will be one-half the cost of the on-site survey fee as stated in Table 990.
(3) Complaint investigation fees. Operators will be charged for each on-site survey conducted by the department when a complaint investigation results in the complaint being found valid. This fee will be charged according to Table 990 for on-site survey.
(4) Water test fees. An operator will be directly billed for each water sample collected by the department when the operator has not submitted the water tests as required by WAC 246-361-025 and 246-361-055.
(5) Refunds. The license and on-site survey fee may be refunded when the operator submits:
(a) A written request to the department; and
(b) Provides documentation that the housing was not occupied during the license period.
TABLE 990
| NUMBER OF UNITS | ON-SITE SURVEY FEE (includes cost of all survey types: Initial, annual, follow-up, complaint) |
LICENSE FEE | TOTAL |
| 0 to 9 persons | $ 45.00 | $25.00 | $70.00 |
| 10 to 50 persons | 70.00 | 25.00 | 95.00 |
| 51 to 100 persons | 100.00 | 25.00 | 125.00 |
| 101 to 150 persons | 125.00 | 25.00 | 150.00 |
| for each additional 50 persons over 150 add $25 | 125.00+ $25.00 for each 50 persons |
25.00 |
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OTS-3573.1
AMENDATORY SECTION(Amending WSR 96-02-014, filed 12/21/95,
effective 1/1/96)
WAC 246-358-001
Purpose and ((scope)) applicability.
(((1)
This chapter contains:
(a) Minimum health and sanitation requirements for temporary-worker housing adopted by the Washington state board of health in accordance with RCW 70.54.110;
(b) Procedures for applying for an operating license to provide temporary-worker housing, adopted by the Washington state department of health in accordance with RCW 43.70.340(3); and
(c) Operating license fees as set by RCW 43.70.340(2) to cover the costs of an inspection program to ensure compliance with this chapter, adopted by the Washington state department of health.
(2) This chapter applies to:
(a) Temporary-worker housing that consists of:
(i) Five or more dwelling units; or
(ii) Any combination of dwelling units, dormitories, or spaces that house ten or more occupants; and
(b) Operators who must comply with substantive state health and safety standards to qualify for MSPA.
(3) This chapter does not apply to housing regulated by chapter 59.18 RCW, Residential Landlord-Tenant Act, or chapter 59.20 RCW, Mobile Home Landlord-Tenant Act.)) (1) Purpose. This part is adopted by the Washington state department of health to implement the provisions of chapter 70.114A RCW and establish minimum health and safety requirements for temporary worker housing.
(2) Applicability.
(a) This chapter applies only to operators of temporary worker housing. Operators using tents within the cherry harvest season must refer to WAC 296-307-16300, Part L1, or chapter 246-361 WAC.
(b) Operators with ten or more occupants are required to be licensed under this chapter. Operators with one or more employees are required to comply with WISHA standards.
[Statutory Authority: RCW 70.54.110. 96-02-014, § 246-358-001, filed 12/21/95, effective 1/1/96; 93-12-043 (Order 365B), § 246-358-001, filed 5/25/93, effective 6/25/93; 93-03-032 (Order 326B), § 246-358-001, filed 1/12/93, effective 2/12/93; 92-04-082 (Order 242B), § 246-358-001, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-358-001, filed 12/27/90, effective 1/31/91; 88-10-027 (Order 309), § 248-63-001, filed 5/2/88; 84-18-034 (Order 273), § 248-63-001, filed 8/30/84. Formerly WAC 248-61-001.]
For the purposes of this chapter, the following words and phrases will have the following meanings unless the context clearly indicates otherwise:
(1) (("Board" means the Washington state board of health.
(2) "Contracted health officer" means a health officer who has a signed agreement with the department to inspect housing, issue operating licenses, and enforce this chapter.
(3))) "Agricultural employee" means any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity.
(2) "Agricultural employer" means any person engaged in agricultural activity, including the growing, producing, or harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes, but is not limited to, the planting, transplanting, tubing, precommercial thinning, and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities.
(3) "Building" means any structure used or intended to be used for supporting or sheltering any use or occupancy that may include cooking, eating, sleeping, and sanitation facilities.
(4) "Department" means the Washington state department of health.
(((4))) (5) "Dwelling unit" means a shelter, building, or
portion of a building, that may include cooking and eating
facilities, which 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.
(((5))) (6) "Drinking fountain" means a fixture equal to a
nationally recognized standard or a designed-to-drain faucet
which provides potable drinking water under pressure. "Drinking
fountain" does not mean a bubble-type water dispenser.
(((6) "Exemption" means a written authorization which
excludes an operator from meeting a specific requirement or
requirements in this chapter.))
(7) "First aid qualified" means that the person holds a current certificate of first-aid training from the American Red Cross or another course with equivalent content or hours.
(8) "Current certificate (first aid)" means a first-aid-training certificate that has not expired.
(9) "Food-handling facility" means a designated, enclosed area for preparation of food.
(((a))) (10) "Dining hall" means a cafeteria-type eating
place with food furnished by and prepared under the direction of
the operator for consumption, with or without charge, by
occupants.
(((b))) (11) "Common food-handling facility" means an area
designated by the operator for occupants to store, prepare, cook,
and eat their own food supplies.
(((8))) (12) "Group A water system" means a public water
system and includes community and noncommunity water systems.
(a) A community water system means any Group A water system providing service to fifteen or more service connections used by year-round residents for one hundred eighty or more days within a calendar year, regardless of the number of people, or regularly serving at least twenty-five year-round (i.e., more than one hundred eighty days per year) residents.
(b) A noncommunity water system means a Group A water system that is not a community water system. Noncommunity water systems are further defined as:
(i) Nontransient (NTNC) water system that provides service opportunity to twenty-five or more of the same nonresidential people for one hundred eighty or more days within a calendar year.
(ii) Transient (TNC) water system that serves:
(A) Twenty-five or more different people each day for sixty or more days within a calendar year;
(B) Twenty-five or more of the same people each day for sixty or more days, but less than one hundred eighty days within a calendar year; or
(C) One thousand or more people for two or more consecutive days within a calendar year.
(13) "Group B water system" means a public water system: Constructed to serve less than fifteen residential services regardless of the number of people; or constructed to serve an average nonresidential population of less than twenty-five per day for sixty or more days within a calendar year; or any number of people for less than sixty days within a calendar year.
(14) "Habitable room" means a room or space in a structure with a minimum seven-foot ceiling used for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.
(15) "Health officer" means the individual appointed as such for a local health department under chapter 70.05 RCW or appointed as the director of public health of a combined city-county health department under chapter 70.08 RCW.
(((9) "Interagency agreement committee" means a
representative from the state board of health, department of
health, department of labor and industries, employment security
department, and department of community, trade, and economic
development, pursuant to RCW 43.70.340.
(10))) (16) "Livestock" means horses, cows, pigs, sheep, goats, poultry, etc.
(17) "Livestock operation" means any place, establishment, or facility consisting of pens or other enclosures in which livestock is kept for purposes including, but not limited to, feeding, milking, slaughter, watering, weighing, sorting, receiving, and shipping. Livestock operations include, among other things, dairy farms, corrals, slaughterhouses, feedlots, and stockyards. Operations where livestock can roam on a pasture over a distance may be treated as outside the definition.
(18) "MSPA" means the Migrant and Seasonal Agricultural Worker Protection Act (96 Stat. 2583; 29 U.S.C. Sec. 1801 et seq.).
(((11))) (19) "Occupant" means a temporary worker or a
person who resides with a temporary worker at the housing site.
(((12))) (20) "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.
(((13))) (21) "Operating license" means a document issued
annually by the department or ((contracted)) health officer
authorizing the use of temporary((-))worker housing.
(((14))) (22) "Recreational park trailers" means a
trailer-type unit that is primarily designed to provide temporary
living quarters for recreational, camping, or seasonal use, that
meets the following criteria:
(a) Built on a single chassis, mounted on wheels;
(b) Having a gross trailer area not exceeding 400 square feet (37.15 square meters) in the set-up mode; and
(c) Certified by the manufacturer as complying with ANSI A119.5.
(23) "Recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational camping, travel, or seasonal use that either has its own motive of power or is mounted on, or towed by, another vehicle. Recreational vehicles include: Camping trailers, fifth-wheel trailers, motor homes, travel trailers, and truck campers, but does not include pickup trucks with camper shells, canopies, or other similar coverings.
(24) "Refuse" means solid wastes, rubbish, or garbage.
(((15))) (25) "Temporary worker" means ((a person)) an
agricultural employee employed intermittently and not residing
year-round at the same site.
(((16))) (26) "Temporary((-))worker housing" or "housing"
means a place, area, or piece of land where sleeping places or
housing sites are provided by an agricultural employer for his or
her agricultural 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)).
(((17))) (27) "WISHA" means the Washington Industrial Safety
and Health Act, chapter 49.17 RCW, administered by the Washington
state department of labor and industries.
[Statutory Authority: RCW 70.54.110. 96-02-014, § 246-358-010, filed 12/21/95, effective 1/1/96; 93-03-032 (Order 326B), § 246-358-010, filed 1/12/93, effective 2/12/93; 92-04-082 (Order 242B), § 246-358-010, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-358-010, filed 12/27/90, effective 1/31/91; 88-10-027 (Order 309), § 248-63-010, filed 5/2/88; 84-18-034 (Order 273), § 248-63-010, filed 8/30/84. Formerly WAC 248-60A-010 and 248-61-010.]
The operator:
(1) ((An operator shall notify the department or contracted
health officer to)) Must request ((licensure)) a license from the
department of health or health officer when:
(a) Housing consists of:
(i) Five or more dwelling units;
(ii) Any combination of dwelling units, or spaces that house
ten or more occupants; ((or))
(b) Compliance with MSPA requires ((licensure)) a license;
or
(c) Construction of camp buildings requires a license under chapter 246-359 WAC, Temporary worker housing construction standard.
(2) ((An operator shall)) Must apply for an operating
license at least forty-five days prior to either the use of
housing or the expiration of an existing operating license by
submitting to the department or ((contracted)) health officer:
(a) A completed application on a form provided by the
department or ((contracted)) health officer;
(b) Proof ((of satisfactory results of a bacteriological
water quality test as required by WAC 246-358-055(2), or proof
housing is connected to a community)) water system is current
with all water tests required by chapter 246-290 or 246-291 WAC;
and
(c) A fee as specified in WAC 246-358-990.
(3) ((An operator)) Will receive an operating license for
the maximum number of occupants as determined by WAC 246-358-029
when:
(a) The application requirements from subsection (2) of this section are met;
(b) The housing is in compliance with this chapter as demonstrated by:
(i) A licensing survey completed by the department; or
(ii) A self-survey completed by the operator and approved by the department; and
(c) The operator follows the corrective action plan established by the department if existing housing does not meet all the requirements of this chapter.
(4) May allow the use of housing without a renewed license when all of the following conditions exist:
(a) The operator applied for renewal of an operating license in accordance with subsection (2) of this section at least forty-five days before occupancy, as evidenced by the post mark;
(b) The department or ((contracted)) health officer has not
inspected the housing or issued an operating license;
(c) Other local, state, or federal laws, rules, or codes do not prohibit use of the housing; and
(d) The operator provides and maintains housing in compliance with this chapter.
(((4) An operator shall:
(a))) (5) Must post the operating license in a place readily
accessible to ((workers;)) occupants of the housing.
(((b))) (6) Must notify the department or ((contracted))
health officer ((in the event)) of a transfer of ownership((;
and)).
(((c))) (7) Must cooperate with the department or
((contracted)) health officer during on-site inspections.
(((5) An operator may appeal decisions of the department in
accordance with chapter 34.05 RCW and chapter 246-08 WAC.))
[Statutory Authority: RCW 43.70.340. 96-01-084, § 246-358-025, filed 12/18/95, effective 1/1/96. Statutory Authority: RCW 43.70.340 and 43.70.040. 93-03-031 (Order 324), § 246-358-025, filed 1/12/93, effective 2/12/93. Statutory Authority: RCW 70.54.110. 92-04-082 (Order 242B), § 246-358-025, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-358-025, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 34.05 RCW and RCW 43.20.050. 90-06-049 (Order 040), § 248-63-025, filed 3/2/90, effective 3/2/90. Statutory Authority: RCW 43.20.050. 88-10-027 (Order 309), § 248-63-025, filed 5/2/88.]
If a licensed operator meets the requirements provided in this section, then the operator may participate in the self-survey program. This means an operator is allowed to conduct a self-survey for two years. On the third year the department will conduct an on-site verification survey to assure compliance with this chapter and determine if the temporary worker housing still meets the requirements of the self-survey program.
(1) To be in the self-survey program the operator must:
(a) Meet the requirements of WAC 246-358-025;
(b) Not have had any valid complaints;
(c) Have had two consecutive years without any deficiencies or very minor deficiencies (for example one or two screens torn, missing a few small trash cans, etc.); and
(d) Be recommended by the health surveyor.
(2) For a licensed operator to remain in the self-survey program the licensed operator must:
(a) Continue to comply with subsection (1) of this section;
(b) Continue to not have any deficiencies or very minor deficiencies; and
(c) Not have a change in ownership.
(3) When licensed temporary worker housing changes ownership, the new licensed operator must comply with the requirements of subsection (1) of this section before being eligible to be on the self-survey program.
[]
(1) The maximum occupancy for operator-supplied housing will be based on:
(a) The square footage of the housing facility; and
(b) The number of bathing, food handling, handwashing, laundry, and toilet facilities.
(2) The maximum occupancy for worker-supplied housing will be based on:
(a) The number of spaces designated for worker-supplied housing by the operator; and
(b) The number of bathing, food handling, handwashing, laundry, and toilet facilities in excess of those facilities required for operator-supplied housing.
[]
Conditions may exist in operations that a state standard will not have practical use. The director of the department of labor and industries may issue a variance from the requirements of the standard when another means of providing equal protection is provided. The substitute means must provide equal protection in accordance with the requirements of chapter 49.17 RCW and chapter 296-350 WAC, variances.
Applications for variances may be reviewed and investigated by the department of labor and industries and the department of health. Variances granted will be limited to the specific case or cases covered in the application and may be revoked for cause. The variance shall remain prominently posted on the premises while in effect.
Variance application forms may be obtained from the Department of Labor and Industries, P.O. Box 44625, Olympia, Washington 98504-4625 or the Department of Health, P.O. Box 47852, Olympia, Washington 98504-7852, upon request. Requests for variances from safety and health standards shall be made in writing to the director or the assistant director, Department of Labor and Industries, P.O. Box 44625, Olympia, Washington 98504-4625. (Reference RCW 49.17.080 and 49.17.090.)
[]
(((1) An operator shall locate housing:
(a) To prevent a health or safety hazard;
(b) On well-drained sites to prevent standing water from becoming a nuisance;
(c) Five hundred feet or more from a livestock operation unless the department or contracted health officer determines that no health risk exists;
(d) More than two hundred feet from swamps, pools, sink holes, or other surface collections of water unless provisions are taken to prevent the breeding of mosquitoes; and
(e) On sites sufficient in size to prevent overcrowding of necessary structures.
(2) An operator shall ensure that the housing site is maintained at all times in a sanitary condition free from garbage and other refuse.)) The operator must locate and operate a site to prevent a health or safety hazard and it is:
(1) Adequately drained and any drainage from and through the housing must not endanger any domestic or public water supply;
(2) Free from periodic flooding and depressions in which water may become a nuisance;
(3) At least two hundred feet from a swamp, pool, sink hole, or other surface collection of water unless there is a mosquito prevention program for those areas;
(4) Large enough to prevent overcrowding of necessary structures. The principal housing area for sleeping and for food preparation and eating must be at least five hundred feet from where livestock are kept; and
(5) The grounds and open areas surrounding the shelters must be in a clean and sanitary condition.
[Statutory Authority: RCW 70.54.110. 96-02-014, § 246-358-045, filed 12/21/95, effective 1/1/96; 93-03-032 (Order 326B), § 246-358-045, filed 1/12/93, effective 2/12/93; 92-04-082 (Order 242B), § 246-358-045, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-358-045, filed 12/27/90, effective 1/31/91; 88-10-027 (Order 309), § 248-63-045, filed 5/2/88.]
((An)) The operator
((shall)) must:
(1) Provide a water system that is:
(a) Approved as a Group A public water system in compliance with chapter 246-290 WAC or provide proof the temporary worker housing receives water from an approved Group A public water system; or
(b) Approved as a Group B water system in compliance with chapter 246-291 WAC.
Note: A "same farm exemption" applies to a public water system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm.
If your system has fifteen or more connections, regardless of the population, it is a Group A water system.
| Avg. of less than 25 people | Avg. of 25 or more people | |
| At least 60 days or more | Group B | Group A TNC |
| 59 days or less | Group B | Group B |
(2) Provide an adequate((,)) and convenient water supply
((from an approved source as described in chapter 246-290 WAC,
and:
(a) For housing existing prior to August 1, 1984, maintain and operate the water system in accordance with chapter 246-290 WAC; and
(b) For housing constructed after August 1, 1984, design, construct, maintain, and operate the water system in accordance with chapter 246-290 WAC;
(2) Provide a water system:
(a) Capable of delivering thirty-five gallons per person per day to the housing site at a peak rate of two and one-half times the average hourly demand; and
(b) With)) for drinking, cooking, bathing, and laundry purposes.
Note: An "adequate water supply" means the storage capacity of the potable water system must meet the requirements of ASHRAE 1999 Applications Handbook, chapter 48, Water Systems.
(3) Ensure that the distribution lines ((capable of
supplying)) are able to maintain the working pressure of the
water piping system at ((normal operating pressures to all
fixtures for simultaneous operation;
(3) If water is not supplied solely by a community water system, submit a water sample to a department-certified laboratory for bacteriological quality testing each year prior to opening housing in accordance with WAC 246-290-300;
(4) Delay the use of housing until bacteriological quality meets the requirements in WAC 246-290-310;)) not less than fifteen pounds per square inch after allowing for friction and other pressure losses.
(4) Provide hot water with a temperature of not less than 105 degrees Fahrenheit that does not exceed 120 degrees Fahrenheit for handwashing, bathing, and laundry purposes.
(5) When water is not piped to each dwelling unit, provide
cold, potable, running water under pressure ((in, or)) within one
hundred feet of((,)) each dwelling unit((;)).
(6) When water sources are not available in each individual
dwelling unit, provide one or more drinking fountains for each
one hundred occupants or fraction thereof ((if water under
pressure is available;
(7))). Prohibit the use of common drinking cups or
containers from which water is dipped or poured((, and common
drinking cups; and)).
(((8))) (7) When water is unsafe for drinking purposes and
accessible to occupants, post a sign by the source reading "DO NOT
DRINK.  DO NOT USE FOR WASHING.  DO NOT USE FOR PREPARING FOOD." printed in
English and in the native language of the persons occupying the
housing or marked with easily-understood pictures or symbols.
[Statutory Authority: RCW 70.54.110. 96-02-014, § 246-358-055, filed 12/21/95, effective 1/1/96; 93-03-032 (Order 326B), § 246-358-055, filed 1/12/93, effective 2/12/93; 92-04-082 (Order 242B), § 246-358-055, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-358-055, filed 12/27/90, effective 1/31/91; 88-10-027 (Order 309), § 248-63-055, filed 5/2/88.]
((An operator shall:
(1) Connect sewer lines and floor drains from buildings to public sewers if public sewers are available;
(2) If public sewers are not available provide on-site sewage disposal systems designed, constructed, and maintained as required in chapter 246-272 WAC, chapter 173-240 WAC, and local ordinances; and
(3) Ensure connection and drainage of sewage and waste water from all housing to a sewage disposal system approved by the jurisdictional agency.)) The operator must:
(1) Provide sewage disposal systems in accordance with local health jurisdictions.
(2) Connect all drain, waste, and vent systems from buildings to:
(a) Public sewers, if available; or
(b) Approved on-site sewage disposal systems that are designed, constructed, and maintained as required in chapter 246-272 WAC, chapter 173-240 WAC, and local ordinances.
[Statutory Authority: RCW 70.54.110. 96-02-014, § 246-358-065, filed 12/21/95, effective 1/1/96; 93-03-032 (Order 326B), § 246-358-065, filed 1/12/93, effective 2/12/93. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-358-065, filed 12/27/90, effective 1/31/91; 88-10-027 (Order 309), § 248-63-065, filed 5/2/88.]
The operator must ensure that:
(1) Electricity is supplied to all dwelling units, kitchen facilities, shower/bathroom facilities, common areas, and laundry facilities.
(2) All electrical wiring and electrical equipment in a camp must meet the electric standards of applicable building codes.
(3) Each habitable room in a camp has at least one ceiling-type light fixture and at least one separate floor-type or wall-type convenience outlet.
(4) Laundry, shower rooms, toilet rooms and rooms where people congregate have at least one ceiling-type or wall-type fixture.
(5) General lighting and task lighting is adequate to carry on normal daily activities.
(6) Adequate lighting for safe passage for camp occupants to handwashing sinks and toilets.
Note: Lighting requirements may be met by natural or artificial means.
(7) Wiring and fixtures are installed in accordance with department of labor and industries regulations, chapter 19.28 RCW and local ordinances, and maintained in a safe condition.
[]
((An operator shall:
(1) Ensure construction provides protection against the elements and complies with applicable state and local ordinances, codes, regulations, and this chapter;
(2) Identify each dwelling unit and space for worker-supplied housing by posting a number at each site;
(3) Maintain buildings and shelters in good repair and sanitary condition;
(4) Comply with chapter 51-20 WAC by providing two means of escape from sleeping rooms, foodhandling facilities, and rooms where fifty or more people congregate;
(5) Provide at least seventy square feet of floor space for one occupant and fifty square feet for each additional occupant in each dwelling unit;
(6) Provide at least seven foot ceilings and fifty square feet of floor space for each occupant in rooms used for sleeping purposes;
(7) Provide smooth and tightly constructed wood, asphalt, or concrete floors in good repair;
(8) When wood floors are used, ensure floors are at least twelve inches above the ground at all points;
(9) Provide a window area equal to one-tenth of the total floor area in each habitable room which opens one-half or more directly to the outside for ventilation;
(10) Provide effective sixteen-mesh screens on all exterior openings, and screen doors equipped with self-closing devices;
(11) Provide electrical service to include at least one electrical ceiling-type light fixture and at least one separate floor-type or wall-type convenience outlet in each habitable room.
(12) Provide a minimum of thirty footcandles of light measured thirty inches from the floor in dwelling units;
(13) Ensure wiring and fixtures are installed in accordance with department of labor and industries regulations, RCW 19.28.070 and local ordinances, and maintained in a safe condition;
(14) Ensure heating, cooking, water heating, and other electrical equipment is installed in accordance with state and local ordinances, codes, and regulations governing such installation;
(15) Provide adequate heating equipment if camp is used during cold weather;
(16) Ensure that operator-supplied trailers and recreational vehicles manufactured after July 1968 display a Washington state department of labor and industries insignia as required in chapters 296-150A and 296-150B WAC; and
(17) Follow the compliance schedule established with the department or contracted health officer when existing housing fails to meet the requirements in this chapter.)) An operator must:
(1) Construct buildings to provide protection against the elements and comply with the State Building Code, chapter 19.27 RCW or the Temporary worker housing construction standard, chapter 246-359 WAC, applicable state and local ordinances, codes, regulations, and this chapter. Any shelter meeting these requirements is acceptable.
(2) Identify each dwelling unit and space used for shelter by posting a number at each site.
(3) Maintain buildings in good repair and sanitary condition.
(4) Provide exits that are unobstructed and remain free of any material or matter where its presence would obstruct or render the exit hazardous.
(5) Provide at least seventy square feet of floor space for the first occupant and at least fifty square feet of floor space for each additional occupant in each dwelling unit.
(6) Provide a ceiling height of at least seven feet for each habitable room. If a building has a sloped ceiling, no portion of the room measuring less than six feet from the finished floor to the finished ceiling will be included in any computation of the minimum floor space.
(7) Provide each room used for sleeping purposes with at least fifty square feet of floor space for each occupant.
(8) Provide floors in accordance with the State Building Code, chapter 19.27 RCW, or the Temporary worker housing construction standard, chapter 246-359 WAC, that are tightly constructed and in good repair.
(9) Ensure wooden floors are at least one foot above ground-level, or meet the requirements in the State Building Code, chapter 19.27 RCW or chapter 246-359 WAC.
(10) Provide habitable rooms that have:
(a) Windows covering a total area equal to at least one-tenth of the total floor area and at least one-half of each window can be opened to the outside for ventilation; or
(b) Mechanical ventilation in accordance with applicable ASHRAE standards.
(11) Provide sixteen-mesh screening on all exterior openings and screen doors with self-closing devices.
(12) Install all heating, cooking, and water heating equipment according to state and local ordinances, codes, and regulations and maintain in a safe condition.
(13) Provide adequate heating equipment if habitable rooms, including bathrooms, are used during cold weather.
(14) Ensure that all recreational vehicles or park trailers meet the requirements of chapter 296-150P or 296-150R WAC.
[Statutory Authority: RCW 70.54.110. 96-02-014, § 246-358-075, filed 12/21/95, effective 1/1/96; 93-03-032 (Order 326B), § 246-358-075, filed 1/12/93, effective 2/12/93; 92-04-082 (Order 242B), § 246-358-075, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-358-075, filed 12/27/90, effective 1/31/91; 88-10-027 (Order 309), § 248-63-075, filed 5/2/88.]
((An operator shall
provide laundry facilities including:
(1) Hot and cold running water under pressure for laundry adequate to meet the needs of occupants as determined by the department or contracted health officer;
(2) One laundry tray or tub, or one mechanical washing machine, for each thirty occupants, or fraction thereof, specified on the operating license;
(3) At least one slop sink in each building used for laundry;
(4) Facilities for drying clothes;
(5) Sloped, coved floors of nonslip impervious materials with floor drains;
(6) At least one electrical ceiling or wall-type convenience fixture;
(7) Thirty footcandles of light measured thirty inches from the floor;
(8) Equipment capable of maintaining a temperature of 70°F during cold weather.)) An operator must:
(1) Provide one laundry tray or tub or one mechanical washing machine for every thirty persons.
(2) Provide facilities for drying clothes.
(3) Provide sloped, coved floors of nonslip impervious materials with floor drains.
(4) Maintain laundry facilities in a clean and sanitary condition.
[Statutory Authority: RCW 70.54.110. 96-02-014, § 246-358-090, filed 12/21/95, effective 1/1/96.]
(((1) An operator shall:
(a) Provide hot and cold running water under pressure for bathing and handwashing adequate to meet the needs of occupants as determined by the department or contracted health officer;
(b) Provide at least one electrical ceiling or wall-type convenience fixture; and
(c) Provide thirty footcandles of light measured thirty inches from the floor.
(2) An operator providing centralized bathing or handwashing facilities shall meet the requirements of subsection (1) of this section, and:
(a) Provide the number of handwashing sinks and shower heads specified in Table I;
(b) Provide a means to maintain a temperature of 70°F during cold weather;
(c) Ensure bathing and handwashing facilities are maintained in a clean and sanitary condition;
(d) Provide one slop sink per building used for handwashing and bathing; and
(e) Provide shower rooms with:
(i) Sloped, coved floors of nonslip impervious materials;
(ii) Floor drains; and
(iii) Smooth, water impervious walls and partitions to the height of splash.
(f) Provide cleanable, nonabsorbent waste containers.
| TABLE 1: | |
| Required number of centralized handwashing sinks and shower heads. |
|
| HANDWASHING SINKS | One per each 6 persons* or fraction thereof. |
| SHOWER HEADS | One per each 10 persons* or fraction thereof. |
(3) An operator providing bathing or handwashing facilities
in dwelling units shall meet the requirements in subsection (1)
of this section, and request occupants to maintain bathing,
handwashing, and toilet facilities in a clean and sanitary
condition.)) An operator must:
(1) Provide one handwash sink for each family dwelling unit or for every six persons in centralized facilities. Handwash sinks must be adjacent to toilets.
(2) Provide one showerhead for each family dwelling unit or for every ten persons in centralized facilities.
(3) Provide one "service sink" in each building used for centralized laundry, hand washing, or bathing.
(4) Provide sloped, coved floors of nonslip impervious materials with floor drains.
(5) Ensure shower room walls are smooth and nonabsorbent to the height of four feet. If used, partitions must be smooth and nonabsorbent to the height of four feet.
(6) Provide all showers, baths, or shower rooms with floor drains to remove wastewater.
(7) Provide cleanable, nonabsorbent waste containers.
(8) Maintain centralized bathing and handwashing facilities in a clean and sanitary condition, cleaned at least daily.
(9) Ensure shower facilities provide privacy from the opposite sex and the public.
(10) An operator providing bathing or handwashing facilities in family dwelling units must meet the requirements in subsection (1) and (2) of this section, and request occupants to maintain bathing and handwashing facilities in a clean and sanitary condition.
[Statutory Authority: RCW 70.54.110. 96-02-014, § 246-358-095, filed 12/21/95, effective 1/1/96; 93-03-032 (Order 326B), § 246-358-095, filed 1/12/93, effective 2/12/93; 92-04-082 (Order 242B), § 246-358-095, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-358-095, filed 12/27/90, effective 1/31/91; 88-10-027 (Order 309), § 248-63-095, filed 5/2/88.]
(((1) The operator
shall:
(a) Locate each toilet in a toilet room which is accessible without passing through a sleeping room;
(b) Provide a window not less than six square feet in area opening directly to the outside, or other satisfactory ventilation;
(c) Provide water flush toilets unless privies or other methods are specifically approved by the department or contracted health officer according to requirements in chapter 246-272 WAC;
(d) Locate pit privies, when approved, at least one hundred feet from any dwelling unit, space, or foodhandling facility;
(e) When vault privies or chemical toilets are approved:
(i) Locate at least fifty feet from any dwelling unit, space, or foodhandling facility;
(ii) Maintain a service contract for sewage pumping with a licensed waste disposal company; and
(iii) Comply with local ordinances;
(f) If urinals are provided, cover the floor with a material impervious to moisture for a radius of not less than fifteen inches from the outer edge of the urinal, and from the urinal to the wall;
(g) Provide an adequate water flush in urinals if water under pressure is available;
(h) Connect sinks and bathing facilities through properly trapped floor drains to an approved disposal system; and
(i) Provide an adequate supply of toilet paper in each toilet room, privy, and chemical toilet compartment.
(j) Provide at least one electrical ceiling or wall-type convenience fixture.
(2) An operator providing centralized toilet facilities shall meet the requirements of subsection (1) of this section, and:
(a) Provide one toilet per fifteen persons of each sex with a minimum of two toilets for any facility shared by men and women;
(b) Locate toilets within two hundred feet of the door or each sleeping unit;
(c) Separate toilet rooms for men and for women with solid walls or partitions extending from the floor to the roof or ceiling;
(d) Clearly mark each room for "men" and for "women" by signs printed in English and in the native language of the persons occupying the camp, or marked with easily-understood pictures or symbols;
(e) Provide natural or artificial light twenty-four hours per day equal to twenty footcandles of light, measured thirty inches from the floor;
(f) Provide a means to maintain a temperature of 70°F during cold weather; and
(g) Ensure that the toilet facilities are cleaned at least daily.
(3) An operator providing toilet facilities in dwelling units shall meet the requirements in subsection (1) of this section, and:
(a) Provide a handwashing sink in each dwelling unit that contains a toilet; and
(b) Request occupants to maintain toilet facilities in a clean and sanitary condition.)) (1) General toilet requirements. Operators must provide water flush toilets unless chemical toilets or pit privies are specifically approved by the department or health officer according to requirements in chapter 246-272 WAC and ensure the following:
(a) Flush toilets, chemical toilets, and urinals must not be located in any sleeping room, dining room, or kitchen.
(b) When chemical toilets are approved, they must be:
(i) Located at least fifty feet from any dwelling unit or food handling facility;
(ii) Maintained by a licensed waste disposal company; and
(iii) Comply with local ordinances.
(c) When urinals are provided:
(i) There must be one urinal or two linear feet of urinal trough for each twenty-five men;
(ii) The floor from the wall and out at least fifteen inches from the outer edge of the urinals must be constructed of materials impervious to moisture;
(iii) Urinals must have an adequate water flush where water under pressure is available; and
(iv) Urinal troughs are prohibited in pit privies.
(d) When pit privies are approved they must be:
(i) At least one hundred feet away from any sleeping room, dining room, lunch area, or kitchen; and
(ii) Constructed to exclude insects and rodents from the pit.
(2) Centralized toilet facilities. The operator must meet the following requirements when centralized toilet facilities are provided:
(a) Provide toilet rooms with:
(i) One toilet per fifteen persons;
(ii) One handwashing sink for every six persons;
(iii) Either a window of at least six square feet opening directly to the outside, or be satisfactorily ventilated; and
(iv) All outside openings screened with sixteen-mesh material.
(b) Locate toilet rooms so that:
(i) Toilets are within two hundred feet of the door of each sleeping room; and
(ii) No person has to pass through a sleeping room to reach a toilet room.
(c) Maintain toilets in a clean and sanitary condition, cleaned at least daily.
(d) Provide each toilet compartment with an adequate supply of toilet paper.
(e) When shared facilities will be used for both men and women:
(i) Provide separate toilet rooms for each sex with a minimum of one toilet room for each sex;
(ii) Identify each room for "men" and "women" with signs printed in English and in the native language of the persons occupying the camp, or identified with easily understood pictures or symbols; and
(iii) Separate facilities by solid walls or partitions extending from the floor to the roof or ceiling when facilities for each sex are located in the same building.
(3) Individual family/unit dwelling toilet requirements. If providing flush toilets in individual cabins, apartments, or houses, the operator must:
(a) Provide one toilet for each individual family dwelling unit or fifteen persons.
(b) Provide one handwashing sink for each six persons. The sink must be located in the toilet room or immediately adjacent.
(c) Provide a window of at least six square feet opening directly to the outside, or be satisfactorily ventilated.
(d) Ensure all outside openings screened with sixteen-mesh material.
(e) Ensure toilet facilities are cleaned prior to occupancy and request occupants to maintain the facilities in a clean and sanitary condition.
[Statutory Authority: RCW 70.54.110. 96-02-014, § 246-358-100, filed 12/21/95, effective 1/1/96.]
((An
operator shall provide enclosed cooking and foodhandling
facilities for all occupants.
(1) An operator furnishing cooking facilities in each dwelling unit shall provide:
(a) An operable cook stove or hot plate with a minimum of one cooking surface for every two adult occupants or four cooking surfaces for every two families;
(b) A sink with running water under pressure;
(c) Food storage areas and easily-cleanable food preparation counters situated off the floor;
(d) Mechanical refrigeration capable of maintaining temperature of forty-five degrees Fahrenheit or below, with space for storing perishable food items for all occupants;
(e) Fire resistant, nonabsorbent, nonasbestos, and easily-cleanable wall coverings adjacent to cooking areas;
(f) Nonabsorbent and easily-cleanable floors;
(g) At least one electrical ceiling or wall-type convenience fixture; and
(h) Thirty footcandles of light measured thirty inches from the floor.
(2) An operator furnishing common foodhandling facilities shall provide:
(a) A room or building, adequate in size, separate from any sleeping quarters and without direct openings to living or sleeping quarters;
(b) An operable cook stove or hot plate with a minimum of one cooking surface for every two adult occupants or four cooking surfaces for every two families;
(c) Sinks with hot and cold running water under pressure;
(d) Food storage areas and easily-cleanable food preparation counters situated off the floor;
(e) Mechanical refrigeration capable of maintaining a temperature of forty-five degrees Fahrenheit or below with space for storing perishable food items for all occupants;
(f) Fire-resistant, nonabsorbent, nonasbestos, and easily-cleanable wall coverings adjacent to cooking areas;
(g) Nonabsorbent, easily-cleanable floors;
(h) No direct openings to living or sleeping areas from the common foodhandling facility;
(i) At least one ceiling or wall light fixture where electric service is available; and
(j) Thirty footcandles of light measured thirty inches from the floor.
(3) An operator furnishing a dining hall shall:
(a) Comply with chapter 246-215 WAC, Food service;
(b) Provide a room or building, adequate in size, separate from any sleeping quarters and without direct openings to living or sleeping quarters;
(c) Provide fire-resistant, nonabsorbent, nonasbestos, and easily-cleanable wall coverings adjacent to cooking areas;
(d) Provide at least one ceiling or wall light fixture where electric service is available; and
(e) Provide thirty footcandles of light measured thirty inches from the floor.)) The operator must provide enclosed or screened cooking and food-handling facilities for all occupants.
(1) If cooking facilities are located in dwelling units, the operator must provide:
(a) An operable cook stove or hot plate with at least one cooking surface for every two occupants;
(b) A sink with hot and cold running potable water under pressure;
(c) At least two cubic feet of dry food storage space per occupant;
(d) Nonabsorbent, easily cleanable food preparation counters situated off the floor;
(e) Mechanical refrigeration conveniently located and able to maintain a temperature of forty-five degrees Fahrenheit or below, with at least two cubic feet of storage space per occupant;
(f) Fire-resistant, nonabsorbent, nonasbestos, and easily cleanable wall coverings adjacent to cooking areas;
(g) Nonabsorbent, easily cleanable floors; and
(h) Adequate ventilation for cooking facilities.
(2) In common food-handling facilities, the operator must provide:
(a) A room or building, adequate in size, separate from any sleeping quarters;
(b) No direct openings to living or sleeping areas from the common food-handling facility;
(c) An operable cook stove or hot plate with at least one cooking surface for every four occupants, or four cooking surfaces for every two families;
(d) Sinks with hot and cold running potable water under pressure;
(e) At least two cubic feet of dry food storage space per occupant;
(f) Nonabsorbent, easily cleanable food preparation counters situated off the floor;
(g) Mechanical refrigeration conveniently located and able to maintain a temperature of forty-five degrees Fahrenheit or below, with at least two cubic feet of storage space per occupant;
(h) Fire-resistant, nonabsorbent, nonasbestos, and easily cleanable wall coverings adjacent to cooking areas;
(i) Nonabsorbent, easily cleanable floors; and
(j) Adequate ventilation for cooking facilities.
(3) The operator must ensure that centralized dining hall facilities comply with chapter 246-215 WAC, Food service.
[Statutory Authority: RCW 70.54.110. 96-02-014, § 246-358-125, filed 12/21/95, effective 1/1/96; 93-03-032 (Order 326B), § 246-358-125, filed 1/12/93, effective 2/12/93; 92-04-082 (Order 242B), § 246-358-125, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-358-125, filed 12/27/90, effective 1/31/91; 88-10-027 (Order 309), § 248-63-125, filed 5/2/88.]
((An)) The operator ((shall)) must:
(1) Provide beds, cots, or bunks furnished with clean
mattresses in good condition for the maximum occupancy approved
by the department or ((contracted)) health officer for
operator-supplied housing((;)).
(2) ((Ensure)) Maintain bedding, if provided by the
operator, ((is)) in a clean and ((maintained in a)) sanitary
condition((;)).
(3) Provide a minimum of twelve inches between each bed or
bunk and the floor((;)).
(4) ((When single beds are used)) Separate beds laterally
and end to end by at least thirty-six inches((;
(5))) when ((bunk)) single beds are used:
(a) Separate beds laterally and end to end by at least forty-eight inches;
(b) Maintain a minimum space of twenty-seven inches between the upper and lower bunks; and
(c) Prohibit triple bunks((; and)).
(((6))) (5) Provide storage facilities for clothing and
personal articles in each room used for sleeping.
[Statutory Authority: RCW 70.54.110. 96-02-014, § 246-358-135, filed 12/21/95, effective 1/1/96; 93-03-032 (Order 326B), § 246-358-135, filed 1/12/93, effective 2/12/93; 92-04-082 (Order 242B), § 246-358-135, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-358-135, filed 12/27/90, effective 1/31/91; 88-10-027 (Order 309), § 248-63-135, filed 5/2/88.]
((An))
The operator ((shall)) must:
(1) Comply with chapters 15.58 and 17.21 RCW, chapter 16-228 WAC, chapter 296-307 WAC, Parts I and J, and pesticide label
instructions when using pesticides in and around the
housing((;)).
(2) Prohibit, in the housing area, the use, storage, and
mixing of flammable, volatile, or toxic substances other than
those intended for household use((;)).
(3) Provide readily accessible first-aid equipment ((meeting
the requirements of Part A-1 of chapter 296-24 WAC;)).
(4) Ensure that a person trained to administer first aid is
readily accessible at all times((;)).
(5) ((Comply with chapter 51-20 WAC by providing smoke
detection devices;
(6))) Store or remove unused refrigerator units to prevent
access by children((; and
(7) Fill abandoned privy pits with earth; and lock or otherwise secure unused privy buildings)).
[Statutory Authority: RCW 70.54.110. 96-02-014, § 246-358-145, filed 12/21/95, effective 1/1/96; 93-03-032 (Order 326B), § 246-358-145, filed 1/12/93, effective 2/12/93; 92-04-082 (Order 242B), § 246-358-145, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-358-145, filed 12/27/90, effective 1/31/91; 88-10-027 (Order 309), § 248-63-145, filed 5/2/88.]
((An)) The operator
((shall)) must:
(1) ((Establish and maintain a refuse disposal system;))
Comply with local sanitation codes for removing refuse from
housing areas and disposing of refuse.
(2) Protect against rodent harborage, insect breeding, and
other health hazards while storing, collecting, transporting, and
disposing of refuse((;)).
(3) Store refuse in fly-tight, rodent-tight, impervious, and
cleanable or single-use containers((;)).
(4) Keep refuse containers clean((;)).
(5) Provide a container on a wooden, metal, or concrete
stand within one hundred feet of each dwelling unit ((and
space;)).
(6) Empty refuse containers at least twice each week, and
when full((;
(7) Comply with local sanitation codes for removing refuse from housing areas and disposing of refuse; and
(8) Ensure the housing area is free of refuse when housing is closed for the season to prevent a nuisance)).
[Statutory Authority: RCW 70.54.110. 96-02-014, § 246-358-155, filed 12/21/95, effective 1/1/96; 93-03-032 (Order 326B), § 246-358-155, filed 1/12/93, effective 2/12/93; 92-04-082 (Order 242B), § 246-358-155, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-358-155, filed 12/27/90, effective 1/31/91; 88-10-027 (Order 309), § 248-63-155, filed 5/2/88.]
((An operator shall take measures necessary to control rodents
and insects in and around the housing.)) The operator must take
effective measures necessary to prevent and control insect and
rodent infestation.
[Statutory Authority: RCW 70.54.110. 93-03-032 (Order 326B), § 246-358-165, filed 1/12/93, effective 2/12/93. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-358-165, filed 12/27/90, effective 1/31/91; 88-10-027 (Order 309), § 248-63-165, filed 5/2/88.]
((An)) The
operator ((shall)) must:
(1) ((Make reasonable efforts to know if disease is present
among occupants;
(2))) Report immediately to the local health officer((:
(a))) the name and address of any ((occupant)) individual in
the camp known to have or suspected of having ((an infectious
or)) a communicable disease((;)).
(((b) Any case of)) (2) Report to the local health officer
or state board of health:
(a) Suspected food poisoning; ((and
(c) Any)) (b) Unusual prevalence of ((any illness in which))
fever, diarrhea, sore throat, vomiting, or jaundice((,)); or
(c) Productive cough, or weight loss is a prominent symptom
among occupants((;)).
(3) Prohibit any individual with a communicable disease from
preparing, cooking, serving, or handling food, foodstuffs, or
materials in dining halls((;
(4) Establish rules and inform occupants of their responsibilities related to maintaining housing consistent with the requirements in this chapter; and
(5) Post information regarding temporary-worker health and sanitation when provided by the department or contracted health officer)).
[Statutory Authority: RCW 70.54.110. 96-02-014, § 246-358-175, filed 12/21/95, effective 1/1/96; 93-03-032 (Order 326B), § 246-358-175, filed 1/12/93, effective 2/12/93; 92-04-082 (Order 242B), § 246-358-175, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-358-175, filed 12/27/90, effective 1/31/91; 88-10-027 (Order 309), § 248-63-175, filed 5/2/88.]
The following sections of the Washington Administrative Code are repealed:
| WAC 246-358-020 | Exemptions. |
| WAC 246-358-030 | Department authority. |
| WAC 246-358-140 | Use of tents. |
| WAC 246-358-600 | Cherry harvest camps -- Applicability. |
| WAC 246-358-610 | Cherry harvest camps -- Licensing. |
| WAC 246-358-620 | Cherry harvest camps -- Transitional compliance schedule. |
| WAC 246-358-630 | Cherry harvest camps -- Location of camp area and camp management plan. |
| WAC 246-358-640 | Cherry harvest camps -- Adequate lighting, electricity and alternative power. |
| WAC 246-358-650 | Cherry harvest camps -- Bathing, toilet and handwashing areas. |
| WAC 246-358-660 | Cherry harvest camps -- Personal storage. |
| WAC 246-358-670 | Cherry harvest camps -- Cold food storage areas. |
| WAC 246-358-680 | Cherry harvest camps -- Food storage and preparation areas. |