Date of Adoption: March 13, 2002.

     Purpose: The rule change will more accurately reflect the intent of the Americans with Disabilities Act. This proposed rule improves access to public places for disabled citizens, and will clarify that animals other than dogs may serve as service animals.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-215-150.

     Statutory Authority for Adoption: RCW 43.20.050.

     Other Authority: Chapter 70.84 RCW.

      Adopted under notice filed as WSR 02-04-091 on February 4, 2002.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

April 3, 2002

Don Sloma

Executive Director

OTS-5440.1

AMENDATORY SECTION(Amending Order 261B, filed 4/1/92, effective 5/2/92)

WAC 246-215-150   Construction and maintenance of physical facilities.   Food service establishment owners shall:

     (1) Ensure floors and floor coverings in all areas are:

     (a) Constructed of easily cleanable materials;

     (b) Kept clean;

     (c) In good repair; and

     (d) Coved at the floor/wall junctures, except for carpeted areas.

     (2) Provide proper construction of floors and floor coverings with the following characteristics:

     (a) Water impervious construction;

     (b) Grease resistance;

     (c) Durability; and

     (d) Drains provided when water or pressure spray methods of cleaning are used, in any of the following areas:

     (i) Food preparation areas;

     (ii) Food and utensil storage areas;

     (iii) Utensil washing areas;

     (iv) Walk-in refrigerators;

     (v) Dressing rooms or locker rooms with shower facilities; and

     (vi) Bathrooms where toilets or urinals are located.

     (3) Ensure walls, windows, doors, and ceilings in all areas are clean and in good repair.

     (4) Ensure that walls are constructed, in addition to requirements in subsection (3) of this section, with the following characteristics:

     (a) Smooth finish;

     (b) Nonabsorbent surfaces; and

     (c) Construction with easily cleanable materials in the following areas:

     (i) Walk-in refrigerators and freezers;

     (ii) Food preparation areas;

     (iii) Utensil washing areas;

     (iv) Dressing rooms or locker rooms with shower facilities; and

     (v) Bathrooms.

     (5) Provide:

     (a) Lighting of at least thirty foot candles in the following:

     (i) Areas where food is prepared or stored;

     (ii) Areas where utensils are washed;

     (iii) Areas where hands are washed;

     (iv) In bathrooms; and

     (v) When cleaning is occurring.

     (b) Proper shields or guards for lights in the food preparation and storage areas.

     (6) Ensure design, installation, and maintenance of ventilation systems in accordance with applicable state and local mechanical and fire codes; and

     (a) Provide ventilation systems, when necessary, to keep all areas free of excessive:

     (i) Heat;

     (ii) Steam;

     (iii) Condensation;

     (iv) Fumes and vapors;

     (v) Obnoxious odors; and

     (vi) Smoke.

     (b) Design and maintain ventilation hoods and filters to:

     (i) Prevent grease and condensate from dripping into food or onto food contact surfaces; and

     (ii) Allow ready removal of filters for cleaning and replacement.

     (7) Maintain the premises by:

     (a) Allowing only articles necessary for operation and maintenance of the food service establishment to be stored there;

     (b) Prohibiting use of any room in the food service establishment as living or sleeping quarters:

     (i) Except when separated from all food service operations by complete partitions and solid doors; and

     (ii) Except for bed and breakfasts.

     (c) Allowing live animals only under the following conditions:

     (i) Fish, crustacea, and shellfish for food purposes in aquariums;

     (ii) Fish in aquariums for display or decor;

     (iii) Patrol dogs accompanying security or police officers; or

     (iv) ((Guide dogs)) Dog guides or service ((dogs)) animals, as defined under chapter 70.84 RCW, are allowed to accompany a blind, visually handicapped, hearing impaired, or otherwise physically disabled person in all areas of a food service establishment except in food preparation areas.

     (d) Allowing only food service workers or other persons authorized by the health officer in food preparation and storage areas.

[Statutory Authority: RCW 43.20.050. 92-08-112 (Order 261B), § 246-215-150, filed 4/1/92, effective 5/2/92.]

© Washington State Code Reviser's Office