WSR 01-06-021

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed February 27, 2001, 10:40 a.m. ]

Subject of Possible Rule Making: Revise existing rules related to wood destroying organism inspections, WAC 16-228-2000 through 16-228-2040. Existing rules have been in place since 1992. The department is considering revising the rules to provide greater clarity for the regulated industry. The department is also considering revising the rules to provide greater protection to the consumer.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 17.21 RCW, the Pesticide Application Act and chapter 15.58 RCW, the Pesticide Control Act.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Since the original adoption of the rule in 1992, the department has had complaints from the regulated industry concerning the clarity and need for changes in certain sections of the rules. The department has also received complaints from homeowners, realtors, and lending facilities concerning the clarity, need and enforceability of the current rules. If the rules are revised the regulated industry, homeowners, realtors, and lending facilities will have a set of clear, enforceable rules. The rule, if revised will clearly set forth the requirements for those individuals who are performing wood destroying organism inspections and subsequently provide greater protection for homeowners. The department will also benefit by having rules which are more enforceable.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: United States Housing and Urban Development (HUD), Federal Housing Authority (FHA), Veterans Administration (VA).

Process for Developing New Rule: The department has already established a committee of stakeholders from the regulated industry who are reviewing the rules for possible revisions. This group will make suggested revisions to the department. The department will review the suggestions and draft revisions to the existing rule. When the department and committee have finished their draft language it will be presented to a larger group of individuals for additional comments. After the larger group has commented, the department will finalize the new proposed language and file the rule for a public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Dan Suomi, P.O. Box 42589, Olympia, WA 98504-2589, fax (360) 902-2093, phone (360) 902-2044, e-mail dsuomi@agr.wa.gov.

February 22, 2001

Bob Arrington

Assistant Director

Washington State Code Reviser's Office