WSR 00-06-082

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed March 1, 2000, 10:44 a.m. , effective March 1, 2000 ]

Date of Adoption: February 1, 2000.

Purpose: Establish a new chapter for cherry harvest camps, chapter 246-370 WAC and amend the regulations for temporary worker housing, chapter 246-358 WAC to establish rules that are at least as effective as the standards adopted by WISHA.

Citation of Existing Rules Affected by this Order: Repealing WAC 246-358-020, 246-358-030, 246-358-140, 246-358-600, 246-358-610, 246-358-620, 246-358-630, 246-358-640, 246-358-650, 246-358-660, 246-358-670 and 246-358-680; and amending WAC 246-358-001, 246-358-010, 246-358-025, 246-358-045, 246-358-055, 246-358-065, 246-358-075, 246-358-090, 246-358-095, 246-358-100, 246-358-125, 246-358-135, 246-358-145, 246-358-155, 246-358-165, and 246-358-175.

Statutory Authority for Adoption: RCW 70.114A.065 and 70.114A.110.

Adopted under notice filed as WSR 99-23-109 on November 17, 1999.

Changes Other than Editing from Proposed to Adopted Version:

WAC Section Change Reason for Change
WAC 246-358-001

Purpose and applicability.

(b) Operators with ten or more occupants are required to be licensed under this chapter. Operators with one nine or more less employees are not required to be licensed, but must comply with WISHA these standards. Language clarified in response to comments received on proposed language.
WAC 246-358-029

Maximum housing occupancy.

Note: Worker supplied housing includes recreational park trailers, recreational vehicles, OSHA compliant tents or other structures that meet the requirements of this chapter. Language added to clarify in response to comments received on proposed language.
WAC 246-358-045

Temporary worker housing sites.

(2) Must develop and implement a temporary worker housing management plan and rules for operators with 10 or more occupants, to assure that the housing is operated in a safe and secure manner and is kept within the approved capacity. Additionally, the licensed operator must:

(a) Inform occupants of the rules, in a language the occupant understands by providing individual copies of the rules to each occupant or posting the rules in the housing area;

(b) Restrict the number of occupants in the temporary worker housing to the capacity as determined by the department.

(3) When closing housing 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.

Technical error. This language was inadvertently omitted from proposal. Added to be consistent with L&I regulations.

"operators with 10 or more occupants" added in response to comments received on proposed rule.

WAC 246-358-055

Water supply.

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 if the water system supplies fifteen or more connections or twenty-five or more people at least sixty days per year 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 if the water system supplies less than fifteen connections and does not supply twenty-five or more people at least sixty days per year.

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. "Same farm" means a parcel of land or series of parcels that are connected by covenants and devoted to the production of livestock or agricultural commodities for commercial purposes and does not qualify as a Group A water system.

Recommended language modifications from the DOH, Environmental health program.

Recommended language modifications from the DOH, Environmental health program.

Recommended language modifications from the DOH, Environmental health program.

WAC 246-358-055

Water supply.

(2) Provide an adequate and convenient hot and cold water supply 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.

(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.

Inadvertently omitted from rule proposal. Added to be consistent with L&I regulations.

Stricken and replaced by subsection (2) above.

WAC 246-358-070

Electricity and lighting.

(2) All electrical wiring, fixtures and electrical equipment must meet comply with the electric standards of applicable building codes the department of labor and industries regulations, chapter 19.28 RCW, and local ordinances, and be maintained in a safe condition.

(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.

Amended to include language from (7), eliminate duplicity.

Combined with (2).

WAC 246-358-075

Building requirements and maintenance.

(1) Construct buildings to provide protection against the elements and comply with:

(a) The State Building Code, chapter 19.27 RCW, or Temporary worker housing construction standard, chapter 246-359 WAC;

(b) , applicable State and local ordinances, codes, regulations when applicable; and

(c) This part/chapter. Any shelter meeting these requirements is acceptable.

Rewritten for clarity of intent in response to comments received on proposed language.
WAC 246-358-075

Building requirements and maintenance.

(6) (5) 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 seven feet from the finished floor to the finished ceiling will be included in any computation of the minimum floor space. Amended in response to comments received on proposed language.
WAC 246-358-095

Handwashing and bathing facilities.

(10) (9) 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 of family dwelling units to maintain bathing and handwashing facilities in a clean and sanitary condition.;

(9)(10) Ensure shower facilities provide privacy from the opposite sex and the public; and

(11) Make showers and bathing facilities available when needed.

Rewritten to improve clarity.

Added to address comments received in response to proposed rules regarding access to showers.

WAC 246-358-100

Toilet facilities.

(c) When urinals are provided:

(i) There must be one urinal or 2 linear feet of urinal trough for each twenty-five men;

(ii) The floors and walls surrounding a urinal and extending from the wall and out at least 15 inches on all sides, from the outer edge of the urinals must be constructed of materials impervious to which will not be adversely affected by moisture;

Rewritten to improve clarity.
WAC 246-358-100

Toilet facilities.

(2)(e)(i) Provide separate toilet rooms for each sex with a minimum of one toilet room for each sex and meet the required ratio as defined in (a) of this subsection; Inadvertently omitted from rule proposal. Added to be consistent with L&I regulations.
WAC 246-358-125

Cooking and food-handling facilities.

The operator must provide enclosed or screened cooking and food-handling facilities for all occupants. The operator must provide adequate tables and seating for occupants. Added to be consistent with the wording (rewritten) that appears in the cherry harvest camps proposal.
WAC 246-358-135

Cots, beds, and bedding and personal storage.

(3) Provide a minimum of twelve inches sufficient clearance between each cot, bed, or bunk and the floor or provide commercially available cots, beds or bunks;

(4) Allow space to separate beds laterally and end to end by at least thirty-six inches when single beds are used:

(5) Meet the following requirements when bunk beds are used:

(a) Allow space to separate beds laterally and end to end by at least forty-eight inches;

Amended in response to comments received on proposed rule.

Amended to improve clarity.

Amended to improve clarity.

CHERRY HARVEST CAMPS
WAC 246-361-001

Purpose and applicability.

(2) Applicability.

(a) This chapter applies only to operators of cherry harvest camps using tents during the cherry harvest season. Operators using other housing must refer to WAC 296-307-16100, 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 nine or more less employees are not required to be licensed, but must comply with WISHA these standards.

Inadvertently omitted from rule proposal. Added to be consistent with L&I regulations.

Language clarified in response to comments received on proposed language.

WAC 246-361-010

Definitions.

"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. Inadvertently omitted from proposal and to make it consistent with the temporary worker housing definition.
WAC 246-361-025

Operating license.

(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 part as demonstrated by a licensing survey completed by the department.

(c) The operator follows complies with the corrective action plan established by the department if existing site does not meet all the requirements of this chapter.

Inadvertently omitted from rule proposal. Added to be consistent with L&I regulations.
WAC 246-361-045

Cherry harvest campsites.

(2) Develop and implement a cherry harvest camp management plan and rules for camps with 10 or more occupants to assure that the camp is operated in a safe and secure manner and is kept within the approved capacity. Language added to clarify in response to comments received on proposed language.
WAC 246-361-055

Water supply.

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 if the water system supplies fifteen or more connections or twenty-five or more people at least sixty days per year 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 if the water system supplies less than fifteen connections and does not supply twenty-five or more people at least sixty days per year.

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. "Same farm" means a parcel of land or series of parcels that are connected by covenants and devoted to the production of livestock or agricultural commodities for commercial purposes and does not qualify as a Group A water system.

Recommended language modifications from the DOH, Environmental health program.

Recommended language modifications from the DOH, Environmental health program.

Recommended language modifications from the DOH, Environmental health program.

WAC 246-361-070

Electricity and lighting.

(1)(b) All electrical wiring, and fixtures and electrical equipment must be installed in accordance comply with department of labor and industries regulations, chapter 19.28 RCW and local ordinances, and maintained in a safe condition. Amended to be consistent with the electrical requirements in TWH rules.
WAC 246-361-075

Tents.

(2) Structural stability and floors.

(c) Floor systems must be designed to prevent the entrance of snakes and rodents.

(5) Floor area. The operator must:

(a) If cooking facilities are provided in the tent, provide at least seventy square feet of floor space for one occupant and fifty square feet for each additional occupant; and or

(b) If cooking facilities are not provided in the tent, provide at least fifty square feet of floor space for each occupant in rooms used for sleeping purposes.

Amended in response to comments received on proposed rules. Better quality cots offering more stability have been found to not always have the 12 inch clearance.

Rewritten to improve clarity.

Rewritten to improve clarity.

WAC 246-361-095

Handwashing and bathing facilities.

(10) Make showers and bathing facilities available when needed. Added to address comments received in response to proposed rules regarding access to showers.
WAC 246-361-100

Toilet facilities.

(1) General toilet requirements. Operators must provide flush toilets, or chemical toilets or pit privies. The department of health or health officer according to requirements in chapter 246-272 WAC, must approve pit privies. Rewritten to improve clarity.
WAC 246-361-100

Toilet facilities.

(1)(c) When urinals are provided:

(i) There must be one urinal or 2 linear feet of urinal trough for each twenty-five men;

(ii) The floors and walls surrounding a urinal and extending from the wall and out at least 15 inches on all sides, from the outer edge of the urinals must be constructed of materials impervious to which will not be adversely affected by moisture;

Rewritten to improve clarity.
WAC 246-361-100

Toilet facilities.

(2)(e)(i) Provide separate toilet rooms for each sex with a minimum of one toilet room for each sex and meet the required ratios as defined in (a) of this subsection; Inadvertently omitted from rule proposal.
WAC 246-361-135

Cots, beds, bedding, and personal storage.

(2) The operator must:

Provide a minimum of twelve inches sufficient clearance between each cot, bed, or bunk and the floor or provide commercially available cots, beds or bunks;

(b) Allow space to separate beds laterally and end-to-end by at least 36 inches when single beds are used.

Amended in response to comments received on proposed rules. Better quality cots offering more stability have been found to not always have the twelve inch clearance.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 26, Amended 16, Repealed 12.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 26, Amended 16, Repealed 12.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 26, Amended 16, Repealed 12.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The Washington State Department of Health finds that the temporary worker housing rules, chapter 246-358 WAC, and the cherry harvest camp rules, chapter 246-361 WAC, should become effective immediately pursuant to RCW 34.05.380 (3)(c). The department finds that without an immediate effective date, imminent peril to public health, safety or welfare would result.

The 1999 legislature passed SB 5599, directing the Department of Health (DOH) and the Department of Labor and Industries (L&I) to develop joint rules "for the licensing, operation, and inspection of temporary worker housing, and the enforcement thereof." DOH worked with L&I to develop joint rules for both temporary worker housing and cherry harvest camps. Both agencies put the rule making on a fast track plan to assure that the new rules would be ready for the 2000 harvest season. Since harvest season begins in March with asparagus, and it is imperative that the new rules are effective so that all operators, regardless as to the crop, are subject to the same regulations for the entire season.

During the development of the rules, the Joint DOH and L&I project team met three times with worker and grower advocates, in addition to conducting the required public hearing. The comments received during these meetings and the public hearing were seriously considered during the development of the rules. Prior to the filing of the CR103, DOH and L&I representatives met with worker advocates to discuss both departments reasoning for the finalized language. Both DOH and L&I believe that more than adequate stakeholdering has taken place during the development of the temporary worker housing and cherry harvest rules to preclude any surprises to the affected industry.

The cherry harvest begins approximately the last week of May in Grant and parts of Benton and Franklin counties. It is important to have the early effective date of the rules to allow time for cherry growers to develop their campsites to the appropriate set of regulations. Approximately 16,000 migrants pick cherries in our state and 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. Workers camping in isolated areas may also be the targets of violence, vandalism and theft.

The above-described conditions constitute good cause to find imminent peril to the public health safety, or welfare. Because the harvest season is imminent, observing the thirty-one day wait period for the effective date of the rules would be contrary to the public interest unless the rules become effective immediately.Effective Date of Rule: March 1, 2000.

March 1, 2000

M. C. Selecky

Secretary

OTS-3573.5


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 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 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 L-1, or chapter 246-361 WAC.

(b) Operators with ten or more occupants are required to be licensed under this chapter. Operators with nine or less employees are not required to be licensed, but must comply with these 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.]


AMENDATORY SECTION(Amending WSR 96-02-014, filed 12/21/95, effective 1/1/96)

WAC 246-358-010
Definitions.

(((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) "Department" means the Washington state department of health.

(4) "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) "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) "Foodhandling facility" means a designated, enclosed area for preparation of food.

(a) "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) "Common foodhandling facility" means an area designated by the operator for occupants to store, prepare, cook, and eat their own food supplies.

(8) "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) "MSPA" means the Migrant and Seasonal Agricultural Worker Protection Act (96 Stat. 2583; 29 U.S.C. Sec. 1801 et seq.).

(11) "Occupant" means a temporary worker or a person who resides with a temporary worker at the housing site.

(12) "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) "Operating license" means a document issued annually by the department or contracted health officer authorizing the use of temporary-worker housing.

(14) "Refuse" means solid wastes, rubbish, or garbage.

(15) "Temporary worker" means a person employed intermittently and not residing year-round at the same site.

(16) "Temporary-worker housing" or "housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an employer for his or her employees or by another person, including a temporary-worker housing operator, who is providing such accommodations for employees for temporary, seasonal occupancy, and includes "labor camps" under RCW 70.54.110.

(17) "WISHA" means the Washington Industrial Safety and Health Act, chapter 49.17 RCW, administered by the Washington state department of labor and industries.)) For the purposes of this chapter, the following words and phrases will have the following meanings unless the context clearly indicates otherwise:

(1) "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) "Common food-handling facility" means an area designated by the operator for occupants to store, prepare, cook, and eat their own food supplies.

(5) "Current certificate (first aid)" means a first-aid-training certificate that has not expired.

(6) "Department" means the Washington state department of health and/or the department of labor and industries.

(7) "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.

(8) "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.

(9) "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.

(10) "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.

(11) "Food-handling facility" means a designated, enclosed area for preparation of food.

(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.

(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.).

(19) "Occupant" means a temporary worker or a person who resides with a temporary worker at the housing site.

(20) "Operating license" means a document issued annually by the department or health officer authorizing the use of temporary worker housing.

(21) "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.

(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.

(25) "Temporary worker" means an agricultural employee employed intermittently and not residing year-round at the same site.

(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.

(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.]


AMENDATORY SECTION(Amending WSR 96-01-084, filed 12/18/95, effective 1/1/96)

WAC 246-358-025
Operating license.

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; or

(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 of health 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 of health; or

(ii) A self-survey completed by the operator and approved by the department of health; and

(c) The operator complies with the corrective action plan established by the department.

(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 of health 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 of health 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.]


NEW SECTION
WAC 246-358-027
Requirements for self-survey program.

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 of health 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 have had 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.

[]


NEW SECTION
WAC 246-358-029
Maximum housing occupancy.

(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.


Note: Worker supplied housing includes recreational park trailers, recreational vehicles, OSHA compliant tents or other structures that meet the requirements of this chapter.

[]


NEW SECTION
WAC 246-358-040
Variance and procedure.

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 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.)

[]


AMENDATORY SECTION(Amending WSR 96-02-014, filed 12/21/95, effective 1/1/96)

WAC 246-358-045
((Location and maintenance.)) Temporary worker housing sites.

(((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:

(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 housing 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 housing area for sleeping and for food preparation and eating must be at least five hundred feet from where livestock are kept; and

(e) The grounds and open areas surrounding the shelters must be in a clean and sanitary condition.

(2) Must develop and implement a temporary worker housing management plan and rules for operators with ten or more occupants, to assure that the housing is operated in a safe and secure manner and is kept within the approved capacity. Additionally, the licensed operator must:

(a) Inform occupants of the rules, in a language the occupant understands by providing individual copies of the rules to each occupant or posting the rules in the housing area;

(b) Restrict the number of occupants in the temporary worker housing to the capacity as determined by the department.

(3) When closing housing 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.

[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.]


AMENDATORY SECTION(Amending WSR 96-02-014, filed 12/21/95, effective 1/1/96)

WAC 246-358-055
Water supply.

((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 if the water system supplies fifteen or more connections or twenty-five or more people at least sixty days per year or provide proof the camp receives water from an approved Group A public water system 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 if the water system supplies less than fifteen connections and does not supply twenty-five or more people at least sixty days per year.


Note: A "same farm exemption" applies to a public water system with four or fewer connections all of which serve residences on the same farm. "Same farm" means a parcel of land or series of parcels that are connected by covenants and devoted to the production of livestock or agricultural commodities for commercial purposes and does not qualify as a Group A water system.


Avg. daily population of less than 25 people Avg. daily population 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: If a system has fifteen or more connections, regardless of the population, it is a Group A water system.

(2)
Provide an adequate((,)) and convenient hot and cold 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;

(5))) 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 ((in, or)) within one hundred feet of((,)) each dwelling unit((;)).

(((6))) (5) 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))) (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 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.]


AMENDATORY SECTION(Amending WSR 96-02-014, filed 12/21/95, effective 1/1/96)

WAC 246-358-065
Sewage disposal.

((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 chapters 246-272 and 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.]


NEW SECTION
WAC 246-358-070
Electricity and lighting.

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, fixtures and electrical equipment must comply with the electrical standards of the department of labor and industries regulations, chapter 19.28 RCW, and local ordinances, and be maintained in a safe condition.

(3) Each habitable room must have at least one ceiling-type light fixture and at least one separate floor-type or wall-type convenience outlet.

(4) Laundry, shower/bathroom facilities, 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 is provided for safe passage for occupants to handwashing sinks and toilets.


Note: Lighting requirements may be met by natural or artificial means.

[]


AMENDATORY SECTION(Amending WSR 96-02-014, filed 12/21/95, effective 1/1/96)

WAC 246-358-075
((Construction)) Building requirements and maintenance.

((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:

(a) The State Building Code, chapter 19.27 RCW or the Temporary worker housing construction standard, chapter 246-359 WAC;

(b) State and local ordinances, codes, and regulations when applicable; and

(c) 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 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 seven feet from the finished floor to the finished ceiling will be included in any computation of the minimum floor space.

(6) 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.

(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 temporary worker housing construction standard, 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 and 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.]


AMENDATORY SECTION(Amending WSR 96-02-014, filed 12/21/95, effective 1/1/96)

WAC 246-358-090
Laundry facilities.

((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 70F 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.]


AMENDATORY SECTION(Amending WSR 96-02-014, filed 12/21/95, effective 1/1/96)

WAC 246-358-095
((Bathing and)) Handwashing and bathing facilities.

(((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 70F 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.
*The number of persons shall be calculated by subtracting the number of occupants sheltered in dwelling units that contain individual facilities from the maximum occupancies approved for both operator-supplied and worker-supplied housing.


(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) Request occupants of family dwelling units to maintain bathing and handwashing facilities in a clean and sanitary condition.

(10) Ensure shower facilities provide privacy from the opposite sex and the public.

(11) Make showers and bathing facilities available when needed.

[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.]


AMENDATORY SECTION(Amending WSR 96-02-014, filed 12/21/95, effective 1/1/96)

WAC 246-358-100
Toilet facilities.

(((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 70F 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 of health 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 cooking or food handling facility.

(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 floors and walls surrounding a urinal and extending out at least fifteen inches on all sides, must be constructed of materials which will not be adversely affected by 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 sleeping room, dining room, cooking or food handling facilities; 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 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 and meet the required ratio as defined in (a) of this subsection;

(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 are 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.]


AMENDATORY SECTION(Amending WSR 96-02-014, filed 12/21/95, effective 1/1/96)

WAC 246-358-125
Cooking and food-handling facilities.

((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. The operator must provide adequate tables and seating for 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 (2) 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 (2) 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 (2) 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 (2) 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.]


AMENDATORY SECTION(Amending WSR 96-02-014, filed 12/21/95, effective 1/1/96)

WAC 246-358-135
Cots, beds ((and)), bedding and personal storage.

((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 of health 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)) sufficient clearance between each bed or bunk and the floor((;)) or provide a commercially available cot, bed or bunk.

(4) ((When single beds are used)) Allow space to separate beds laterally and end to end by at least thirty-six inches((;

(5))) when ((bunk)) single beds are used.

(5) Meet the following requirements when bunk beds are used:

(a) Allow space to 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) 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.]


AMENDATORY SECTION(Amending WSR 96-02-014, filed 12/21/95, effective 1/1/96)

WAC 246-358-145
((Health)) First aid and safety.

((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 first aid qualified person ((trained)) is readily accessible 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.]


AMENDATORY SECTION(Amending WSR 96-02-014, filed 12/21/95, effective 1/1/96)

WAC 246-358-155
Refuse disposal.

((An)) The operator ((shall)) must:

(1) ((Establish and maintain a refuse disposal system;)) Comply with local sanitation codes for removing and disposing of refuse from housing areas.

(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.]


AMENDATORY SECTION(Amending Order 326B, filed 1/12/93, effective 2/12/93)

WAC 246-358-165
((Rodent and)) Insect and rodent control.

((An operator shall take measures necessary to control rodents and insects in and around the housing.)) The operator must take effective measures 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.]


AMENDATORY SECTION(Amending WSR 96-02-014, filed 12/21/95, effective 1/1/96)

WAC 246-358-175
Disease prevention and control.

((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 known to have or suspected of having ((an infectious or)) a communicable disease((;)).

(((b) Any case of)) (2) Report immediately to the local health officer:

(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 when 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.]


REPEALER

     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.

OTS-3466.6


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 using tents 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 nine or less employees are not required to be licensed, but must comply with these standards.

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NEW SECTION
WAC 246-361-010
Definitions.

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 and/or the department of labor and industries.

"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, but does not include pickup trucks with camper shells, canopies, or other similar coverings.

"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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NEW SECTION
WAC 246-361-020
Technical assistance.

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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NEW SECTION
WAC 246-361-025
Operating license.

A cherry tent camp license is limited to twenty-one days. The operator:

(1) Must request a license from the department of health 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 of health 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 of health 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 complies with the corrective action plan established by the department.

(5) Must post the operating license in a place readily accessible to workers.

(6) Must notify the department of health in the event of a transfer of ownership.

(7) Must cooperate with the department during on-site inspections.

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NEW SECTION
WAC 246-361-030
Maximum camp occupancy.

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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NEW SECTION
WAC 246-361-035
Variance and procedure.

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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NEW SECTION
WAC 246-361-045
Cherry harvest camp sites.

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 for camps with ten or more occupants 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.

[]


NEW SECTION
WAC 246-361-055
Water supply.

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 if the water system supplies fifteen or more connections or twenty-five or more people at least sixty days per year 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 if the water system supplies less than fifteen connections and does not supply twenty-five or more people at least sixty days per year.

Note: A "same farm exemption" applies to a public water system with four or fewer connections, all of which serve residences on the same farm. "Same farm" means a parcel of land or series of parcels that are connected by covenants and devoted to the production of livestock or agricultural commodities for commercial purposes and does not qualify as a Group A water system.

Avg. daily population of less than 25 people Avg. daily population 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: If your system has 15 or more connections, regardless of the population, it is a Group A water system.

(2) Provide an adequate and convenient hot and cold water supply 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 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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NEW SECTION
WAC 246-361-065
Sewage disposal.

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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NEW SECTION
WAC 246-361-070
Electricity and lighting.

(1) General electricity requirements.

(a) The operator must supply electricity to all dwelling units, kitchen facilities, bathroom facilities, common areas, and laundry facilities.

(b) All electrical wiring, fixtures and electrical equipment must comply 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 shower rooms 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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NEW SECTION
WAC 246-361-075
Tents.

(1) Tents must provide protection from the elements.

(2) Structural stability and floors.

(a) Tents and their supporting framework must 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 worker housing construction standard, chapter 246-359 WAC.

(c) Floor systems must be designed to 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 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 treated with a flame retardant in an approved manner and in accordance with Uniform Building Code, Standard 31.1.

(c) All tents must 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, a zipper which opens downward toward the floor.

(5) Floor area. The operator must:

(a) If cooking facilities are provided in the tent, provide at least seventy square feet of floor space for one occupant and fifty square feet for each additional occupant; or

(b) If cooking facilities are not provided in the tent, 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 will 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 at least half way or more directly to the outside for cross-ventilation and has 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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NEW SECTION
WAC 246-361-080
Recreation vehicles.

The operator must ensure that all recreational vehicles and park trailers meet the requirements of chapters 296-150P and 296-150R WAC.

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NEW SECTION
WAC 246-361-090
Laundry facilities.

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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NEW SECTION
WAC 246-361-095
Handwashing and bathing facilities.

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.

(10) Make showers and bathing facilities available when needed.

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NEW SECTION
WAC 246-361-100
Toilet facilities.

(1) General toilet requirements. Operators must provide flush toilets, chemical toilets, or pit privies. The department of health 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 floors and walls surrounding a urinal and extending out at least fifteen inches on all sides, must be constructed of materials which will not be adversely affected by 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 tent; 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 and meet the required ratios as defined in (a) of this subsection;

(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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NEW SECTION
WAC 246-361-125
Cooking and food-handling facilities.

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 (2) 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 45F or below, with at least one (1) 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 tent;

(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 (2) 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 45F or below, with at least one (1) 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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NEW SECTION
WAC 246-361-135
Cots, beds, bedding, and personal storage.

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 sufficient clearance between each cot, bed, or bunk and the floor or provide a commercially available cot, bed, or bunk; 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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NEW SECTION
WAC 246-361-145
First-aid and safety.

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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NEW SECTION
WAC 246-361-155
Refuse disposal.

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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NEW SECTION
WAC 246-361-165
Insect and rodent control.

The operator must take effective measures to prevent and control insect and rodent infestation.

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NEW SECTION
WAC 246-361-175
Disease prevention and control.

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 immediately to the local health officer:

(a) Suspected food poisoning;

(b) An unusual prevalence of fever, diarrhea, sore throat, vomiting, or jaundice; or

(c) Productive cough, or when 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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NEW SECTION
WAC 246-361-990
Fees for cherry harvest camps.

(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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Washington State Code Reviser's Office