Original Notice.

Preproposal statement of inquiry was filed as WSR 99-03-082.

Title of Rule: Temporary worker housing--Cherry harvest camps.

Purpose: Establish minimum licensing requirements for cherry harvest camps.

Statutory Authority for Adoption: RCW 70.54.110.

Statute Being Implemented: RCW 70.54.110.

Summary: This rule change amends chapter 246-358 WAC, Temporary worker housing, to include health and safety requirements for cherry harvest camps. These requirements address licensing, location of camps, lighting, electricity or alternative power, toilet and handwashing areas, personal storage, cold food storage, and food storage and preparation areas.

Reasons Supporting Proposal: On January 13, 1999, the State Board of Health (SBOH) delegated rule-making authority to the Department of Health (DOH) to promulgate rules for Temporary worker housing--Cherry harvest.

Name of Agency Personnel Responsible for Drafting and Implementation: Maria Gardipee, Olympia, Washington, (360) 705-6625; and Enforcement: Gary Bennett, Olympia, Washington, (360) 705-6652.

Name of Proponent: Department of Health, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule establishes minimum licensing requirements for cherry harvest camps. The purpose is to establish minimum health and safety requirements for the operation of cherry harvest camps.

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.

A number of cherry growers have camps that could be equipped for licensure with respect to basic safety and health standards. Licensed camps would provide additional housing for migrant workers.

Proposal Changes the Following Existing Rules: This rule change amends chapter 246-358 WAC, Temporary worker housing, to add nine new sections for cherry harvest camps. The new sections include: Licensing, location of camps, lighting, electricity or alternative power, toilet and handwashing areas, personal storage, cold food storage, and food storage and preparation areas.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

From a public health perspective, the Department of Health (DOH) finds that the prevalent dismal housing conditions of farm workers represents a potentially serious public health problem. Potable water and sanitation form the very foundation of public health. The absence of these protections represent a serious public health problem and greatly increases the risk of outbreaks of gastroenteritis, diarrhea, dysentery, cholera, and typhoid fever.

Due to these obvious public health concerns, the department faces unusual and especially difficult challenges when attempting to regulate grower operated temporary worker housing camps. Cherry growers have no legal obligation to provide housing for their workers. If the department sets stringent housing camp standards, public health protections for those with housing will increase. We assume that some growers will choose to stop providing housing because of the high cost of meeting stringent standards. Therefore, more workers will live in the deplorable conditions described above - conditions that place workers at significant health risk. Conversely, lax housing standards provide less protection for those with housing. But the lower cost should entice more growers to provide housing and reduce the number of workers living in off-farm deprivation.

The proposed regulations are the department’s attempt to balance the twin goals of maximizing both the numbers of growers providing housing and the public health protections provided by that housing.

Is an SBEIS necessary? Under the Regulatory Fairness Act (chapter 19.85 RCW), a small business economic impact statement (SBEIS) is required whenever a regulation imposes "more than minor" costs on a regulated business. The "more than minor" threshold varies by industry. It is $50 for the businesses falling under the "fruits and tree nuts" standard industrial code classification. The cost to implement the proposed standards is far in excess of $50 and, therefore, an SBEIS is required.

Does the proposed rule affect both large and small businesses? The Regulatory Fairness Act defines a business as any "...entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit..." The act defines a small business as one that employs less than fifty individuals.

The proposed code clearly affects both large and small businesses. While specific figures are not available for all cherry farmers, those participating in the department’s provisional licensure programs of 1996, 1997 and 1998 provide a picture of the range of business size. Of the thirty-nine operators who participated in at least one year, seventeen provided housing camps for fewer than fifty workers. The remaining twenty-two operators all housed more than fifty workers. While the participating operators were similar in number, the number of workers staying in the larger camps was significantly greater than the number staying in the smaller camps; 2,306 to 445.²

Does the proposed rule impose disproportionate cost on small businesses? To determine whether the proposed rule imposes disproportionate costs on small businesses, the department projected estimated cost of complying with the proposed provisions for two camp sizes: A small farm camp of thirty individuals and a large farm camp of ninety workers.³ These costs were then divided by the number of workers in each camp size to obtain a "cost per worker" comparison figure. The department’s cost projections are based on generic camp configurations and assumptions about typical site conditions. As such, actual costs of individual operators may be higher or lower than the estimates presented here. Moreover, the estimates presented in Table 1 are for a new camp. Operators who are updating or remodeling existing camps will face lower costs. The objective of these estimates is to compare cost of large and small cherry farmworker camps.

The cost projections presented in Table 1 clearly demonstrate that operators of small migrant camps face significantly higher costs [than] those operating large work camps. The magnitude of the cost differential is on the order of 46%. That is, on a per worker basis, small operators will pay about 46% more to house their workers than a large operator.

^a Bacteriological tests cost $20 to conduct. The cost calculation assumes an additional $30 in operator time associated with securing and overseeing the drawing of the water sample. Assumes a total cost of $50 per year.

^b All costs attributed to garbage collection. Assumes worker camps use 20 yard draw box (smallest draw box tariffed by the UTC) which typically can service 100 camper for one week. Assumes a rental fee $3/day, $60 haul fee plus $0.05 per mile, tipping fee $50/ton, an 80 mile haul (round trip), and a three ton tip. Total cost of $327 for small camp and $855 for a large camp.

^c Assumes operators string festoon type lights—12 gauge minimum (e.g., festival or heavy Christmas) to meet the safe passage requirements. Assuming 25 feet per tent plus an additional 25 feet, small operators will need 150 feet and large operators will need 450 feet. Festoon lights typically come in 40-ft strings and cost about $25. Therefore, a small operator will need 4 strings costing $100 while a large operator will need 11 strings costing $275. Discounting over a 5-year period at a 10% discount rate results in annual costs of $26 and $73 for small and large camps, respectively.

To meet the adequate lighting requirements assumes 1 exterior and 2 interior lights in each food preparation area. Also assumes 1 outlet for every two stove burners. Assumes rough and finished interior wiring totals $250 for each RV 100 amp electrical box, $35 item (lights/switch/outlet), interior lights at $40, exterior lights at $15, switches at outlets at $1. Overall costs for a small farm estimated at $1,061 and a large farm at $1,942. Discounting over a 20-year period at a 10% discount rate results in annual costs of $124 and $228 for small and large camps, respectively.

Assumes Department of Labor and Industries electrical inspection fees as follows. A one time $70 fee for inspecting a permanent 100-amp site and an annual $37 fee for inspecting a nonpermanent site. Assumes operators will install a permanent site at food preparation and shower enclosures along with one additional site to run festoon lighting. For a small operator this will require 3 sites for a total one-time cost of $210, or $25 when discounted at a 10% rate over a 20-year period. Adding in the annual inspection results in a total annual cost of $62. A large operator will require 5 sites for a total one-time cost of $350, or $41 when discounted at a 10% rate over a 20-year period. Adding in the annual inspection results in a total annual cost of $78.

^d Assumes a cost of $15,000 for a small camp and $20,000 for a large camp to bring power to an electrical panel. The difference in cost comes about due to the difference in cabling requirements between a large and small camp. Discounting these costs over a 10-year period at a 10% discount rate result in annual farmer costs of $2,441 and $3,255 for small and large camps, respectively.

^e Potable Water. Assumes water drawn from existing well or water main. For small camp assumes 800 feet of pipe is needed to bring water to two locations: Toilet/shower/handwashing/clothes washing area and food preparation area. For large camp assumes 1,200 feet of pipe is needed to bring water to four locations: 2 food preparation areas and 2 toilet/shower/handwashing/clothes washing areas. Cost for laying pipe include: 2” pipe @ $2/foot, labor costs @ $0.25 per foot (=2 person hrs/50 ft @ $12.5/hr) and equipment rents for $0.40 per foot (=50 ft/hr @ $20/hr).

Water heating assumed to be provided by commercial propane instant hot water heaters (e.g., Bosch WR400-1K @ $671). For small farms assume 1 unit in kitchen area and 2 units in the toilet/shower enclosure for total cost of $4,133. For large farms assume 1 unit in each kitchen area and 3 units in each [of] the toilet/shower enclosure for total cost of $8,116. Discounting these costs over a 10-year period at a 10% discount rate result in annual farmer costs of $1,662 and $3,264 for small and large camps, respectively.

^f To project the cost of a shower area enclosure this analysis assumes that each sink/shower will require 20 ft². A small farm enclosure is assumed to have 2 sinks and 3 showers for a total floor area of 100 ft² (12 ft x 8.5 ft). Assuming: Concrete floors at $1.17/ft² (~$50/yard of concrete plus labor) for a cost of $140; concrete block walls at $10.25/ft² (materials and labor) for a cost of $3,362; roofing costs at $500 (including roof truss, sheathing, roofing and associated labor); 2 doors (3ft/6in jam) at $330; miscellaneous items (towel racks, door knobs, paint, screened vents) $500; miscellaneous labor $500. The total cost of a small farm shower enclosure is estimated to be $5,192 or $610 per year when annualized over 20 years at a 10% interest rate.

A large farm is projected to have 2 enclosures each with 2 sinks and 4 showers for a floor area of 120 ft² (14 ft x 8.5 ft). Assuming: Concrete floors at $1.17/ft² (~$50/yard of concrete plus labor) for a cost of $258; concrete block walls at $10.25/ft² (materials and labor) for a cost of $4,920; roofing costs at $750 (including roof truss, sheathing, roofing and associated labor); 2 doors (3ft/6in jam) at $330; miscellaneous items (towel racks, door knobs, paint, screened vents) $500; miscellaneous labor $800. The total cost of two large farm shower enclosures is estimated at $12,140 or $1,426 per year when annualized over 20 years at a 10% interest rate.

^g Assumes that a small camp will have four handwashing sinks, two next to the shower area and two in the food preparation area. Assumes rough plumbing costs of $500 per fixture for a cost of $2,000. The installed cost of a wall hung lavatory assumed at $95 (including lavatory/faucet/plumbing) and a kitchen sink at $101 (including double bowl sink/faucet/plumbing) for a total cost of $2,392. Assumes that a large camp will have 8 hand washing sinks, 4 in food preparation areas and 4 next to the showers. Total costs in large camps are estimated to be $4,784. Discounting these costs over a 10-year period at a 10% discount rate result in annual farmer costs of $389 and $779 for small and large camps, respectively.

^h Assumes that a small camp will have three shower heads. Assumes rough plumbing costs of $500 per fixture for a cost of $1,500. The installed cost of a handwashing sink assumed at $64 (including faucets) for a total cost of $1,692. Assumes that a large camp will have 8 shower heads. Total costs in large camps are estimated to be $4,512. Discounting these costs over a 10-year period at a 10% discount rate result in annual farmer costs of $275 and $734 for small and large camps, respectively.

ⁱ Assumes the use of chemical toilets with integrated handwashing sinks (estimated cost $125/week for 3 weeks) and that a small operator will need 3 toilets and a large operator will have 8 toilets. Total cost for a small operator is $1,125 and a large operator is $3,000.

^j Assumes that a septic system without toilets cost about $100 per person to install. Thus the cost for a small camp is $3,000 and a large camp is $9,000. Discounting these costs over a 20-year period at a 10% discount rate result in annual farmer costs of $353 and $1,057 for small and large camps, respectively.

^k Assumes operators provide sealable plastic containers to meet the personal storage requirement. Assumes that one 22 gallon plastic container (each costing $20) per 4 workers. A small operator would need 8 containers costing a total of $160. Large operators would need 23 containers for a cost of $460. Discounted over 3 years at a 10% interest rate leads to annual costs of $64 for small farms and $185 for large farms.

^l This analysis assumes that a 160 ft² (8 ft x 20 ft) structure (with one side open air) can adequately house the items required in a small farm food preparation area (2 sinks, 2 refrigerators, 1 four-burner stove, 2 exterior BBQ’s and adequate counter/food storage space). Assuming: Concrete floors at $1.17/ft² (~$50/yard of concrete plus labor) for a cost of $188; concrete block walls at $10.25/ft² (materials and labor) for a cost of $2,952; roofing costs at $750 (including roof truss, sheathing, roofing and associated labor); miscellaneous items (towel racks, paint, screen) $500; miscellaneous labor $500. The total cost of a small farm food preparation area structure is estimated to be $4,890 or $574 per year when annualized over 20 years at a 10% interest rate.

A large farm is assumed to have 2 food preparation areas each with 220 ft² (10 ft x 22 ft) to house (2 sinks, 3 refrigerators, 1 six-burner stove, 3 exterior BBQ’s and adequate counter/food storage space). One side of these areas is open to the air. Assuming: Concrete floors at $1.17/ft² (~$50/yard of concrete plus labor) for a cost of $258; concrete block walls at $10.25/ft² (materials and labor) for a cost of $3,444; roofing costs at $1,055 (including roof truss, sheathing, roofing and associated labor); miscellaneous items (towel racks, paint, screen) $500; miscellaneous labor $800. The total cost of two food preparation area structures is estimated at $12,114 or $1,423 per year when annualized over 20 years at a 10% interest rate.

^m New refrigerators cost of about $400.00 (18 ft³) and about $225.00 (5.6 ft³). Assumes a small work camp will require 2, 18 ft³ refrigerators at a cost of about $800, while a large work camp will require 5, 18 ft³ refrigerators at a cost of about $2,000. Discounting these costs over a 10-year period at a 10% discount rate result in annual farmer costs of $130 and $325 for small and large camps, respectively. Costs for enclosing refrigerators included in the costs of food preparation areas.

ⁿ Assumes operators seal used (and painted ) apple crates with plastic to meet the requirements for dry food storage. The cost of these containers is assumed to be negligible.

^o Assumes operators use picnic tables ($70/table) at a rate of 1 table per 6 workers to meet the table and seating requirements. Small farms need 5 tables for a total cost of $350, large farms need 15 tables for a total cost of $1,050. Discounted over 5 years at a 10% interest rate leads to annual costs of $92 for small farms and $277 for large farms.

^p The requirement for easily cleanable food preparation surface is assumed to come in three parts:

1.	Formica over OSB in centralized food preparation areas. Small orchards are assumed to need 15 linear feet of 2-ft wide counter. This equates to a cost of $114 (Formica/OSB/adhesive). Each food preparation area in large orchards is assumed to need 17 ft of counter for a cost of $247. Discounted these costs over 5 years at a 10% interest rate leads to annual costs of $30 for small and $65 for large orchards;
2.	Vinyl/plastic tableclothes tacked over picnic benches. At a cost of $5 per tablecloth this equates to $25 for small orchards and $75 for large orchards. These tablecloths are assumed to be replaced every year.
3.	One polyurethane cutting board provided to each tent site. At a cost of $10 each, this equates $60 for small orchards and $180 for large orchards. Discounted over 3 years at a 10% interest rate leads to annual costs of $24 for small and $72 for large orchards;

^q Cost of stove/BBQ. Assumes operators substitute half the required burners with BBQs and that each BBQ equals 2 burners. Therefore, small orchards will have 4 propane burners in the food preparation area and 2 BBQs near the tents and large orchards will have 6 burners in each food preparation area and 6 BBQs near the tents. Assumes that propane stoves cost about $50 per burner and park style barbecues cost $200 ($125 for BBQ, $25 for concrete, $50 to dig hole and set in concrete). Therefore, small farm costs totals about $600 and large farm costs total $1,800. Discounted over 10 years at a 10% interest rate leads to annual costs of $98 for small farms and $293 for large farms.

^r Assumes that small operators dedicate half an acre to camp site while large operators dedicate 1 acre. Given a cost of $8,000 per acre, the cost to small operators is $4,000, or $651 when discounted over 10 years at a 10% interest rate. Similarly, the cost to large operators is $8,000, or $1,302 when discounted over 10 years at a 10 % interest rate.

Measures to Mitigate the Proposed Rule’s Disproportionate Cost Impact on Small Businesses: As a result of the finding that the proposed revisions to the temporary worker housing regulation would impose a disproportionate cost burden on small businesses, the Regulatory Fairness Act directs the department as follows:

"Based upon the extent of the disproportionate impact on small business... the agency shall, where legal and feasible in meeting the stated objectives of the statutes upon which the rule is based, reduce the costs imposed by the rule on small businesses. Methods to reduce the costs on small businesses may include:

(a) Reducing, modifying, or eliminating substantive regulatory requirements;

(b) Simplifying, reducing, or eliminating recordkeeping and reporting requirements;

(c) Reducing the frequency of inspections;

(d) Delaying compliance timetables;

(e) Reducing or modifying fine schedules for noncompliance; or

(f) Any other mitigation techniques" (RCW 19.85.030(3)).

The department intends to provide mitigation to small business through the delayed compliance timetables. Specifically, the proposed WAC 246-358-620 allows work camp operators to request a transitional compliance schedule. Transitional compliance schedules may be used to delay imposition of a specific or group of requirements in WAC 246-358-640, 246-358-660, 246-358-670, and 246-358-680 for up to three years. In addition, the secretary may approve a five-year compliance delay for operators who face extraordinary circumstances and demonstrate a good faith effort to achieve compliance.

One criteria the department uses when considering whether to approve a transitional compliance schedule is the cost of meeting a particular regulatory requirement. Since small operators generally face higher costs than large operators (see Table 1), they will have a better chance of receiving a transitional compliance schedule and thus delaying imposition of expensive provisions of this regulation.

Other Mandates of the Regulatory Fairness Act: The department’s effort to involve businesses when developing the proposed rule? DOH held two community meetings in advance of the rules being proposed. Prior to each meeting there was considerable media attention and DOH also sent out press releases. A copy of thoughts on what the rules would contain and how they differed from previous years’ efforts was mailed to all licensed operators, as well as all stakeholders along with the meeting announcement. Over 300 persons received the mailing.

The first meeting held in Moses Lake on February 10, 1999. DOH then used a contracted, neutral facilitator to conduct the meeting. Information from that meeting was used to develop preliminary draft rules. This draft was mailed out to all interested parties asking for input by March 22, 1999.

The second community meeting was held on March 18, 1999, in Sunnyside using the preliminary draft proposed rules, which were available in English and Spanish.

What are the reporting, recordkeeping, and other compliance requirements? Operators of cherry harvest camps seeking licensure must provide the department with proof of satisfactory results from a bacteriological water quality test or proof that camp water source is connected to a community water system, a completed application, and licensure fee as established in WAC 246-358-990.

Appendix 1

Cost Estimates and Sources

Item	SIZE/TYPE	COST	PER ???	SOURCE
Land	ballpark average (=$/acre)	$8,000	acre	Grant County assessors office
Grading	22 x 18, 1hr	$75.00	hour (+ 1hr drop-off)	Gary's Bulldozing
Trenching	backhoe rental (50ft/hr@$20/hr)	$0.40	foot
	labor (=2 person hrs/50ft@$12.5/hr)	$0.25	foot
Concrete		$50.00	yard	Holroyd Concrete
Lumber	7/16" OSB roof sheathing	$9.34	sheet	Capital Lumber
	3/4" OSB	$13.97	sheet	Home Depot
Roof Truss	25' span	$100.00	truss	BMC
	18' span	$50.00
Roofing	GG-20 Glassguard	$30.50	square	Wash Cedar
Light	Interior	$40.00	unit	Home Base
	Exterior (festoon type)	$25.00	40 ft	REM Electronics
	Support post (4x4) in concrete	$85.00	unit	Staff assumption
Outlet	Fault interrupt protection	$10.00	unit	Staff assumption
Outlet/Switch	normal	$1.00	unit	Home Depot
Rough Electrical	Standard 110 wiring	$25.00	devise	Staff assumption
L&I Inspection	Permanent wiring	$69.70	site	L&I
	Nonpermanent wiring	$37.25	site	L&I
Door	3-0 prehung exterior (6" wall, B-grade)	$165.00	item	Door Store
	2-6 interior (B-grade)	$48.00
Screen	24”x10’ 1/4” hardware cloth	$12.45	item	Home Depot
Concrete Forming	flat work	$0.55	square ft	S. Nelson Construction
	foundation framing	$5.00	linear ft
Toilets	weekly rental	$125.00	item	Honey-Bucket
Walls	8" conc. block	$10.50	wall sqr ft	Spilker Const.
Roofing	labor	$25.00	per square	Pacific Contractors
Plumbing	rough plumbing	$500.00	fixture	B-J Fisher
Sink	wall hung, wall-out equipment	$95.00
Toilet	wall out equipment	$80.00	item	Rosen Supply
Toilet paper	MD brand	$6.00	24 rolls	Target
Kitchen	sink stainless, double bowl	$110.00	sink	Rosen Supply
Appliances	refrigerator, 18 ft3	$400.00	unit	Sears
	refrigerator, 5.6 ft3	$225.00	unit	Sears
	stove	$50.00	burner	Sears
	BBQ	$125.00	unit	Lacey Parks Dept.
Formica	3’ wide roll	$4.99	foot	Home Depot
	adhesive	$13.97	gallon	Home Depot
Table Cloth	Vinyl, 52” x 70”	$4.99	unit	Target
Cutting Board	Polyurethane, 14” x 17”	$9.99	unit	Target
Shower	valve, head & drain only	$65.00		Rosen Supply
Laundry Tray	floor mount w/washboard, wall-out equipment	$130.00		Rosen Supply
Septic	50 person system (no toilet)	$5,000	Total est.	Thurston County Permitting Dept.
Water Supply	To structure	$3.00	foot	Lacey City shop
Water Test	Bacteriological	$20.00	test	DOH staff
Water Heating	Bosch WR400-1K	$671.00	unit	John Condon Co.
Garbage	20 yard draw box	$3.00	day	Pacific Disposal
	Haul fee	$60.00	haul
		$0.05	mile

¹ Though the housing shortage for migrant farmworkers extends to all crops, the proposed regulation and this analysis thereof focus exclusively on housing of workers harvesting cherries.

² It is important to keep in mind that only a small number of cherry growers participated in the department's housing program. As a result, small businesses may comprise a significantly higher or lower proportion of all cherry growers than the 44% estimated here. This calculation is solely to demonstrate that [the] proposed rule affect[s] both large and small businesses as defined by the Regulatory Fairness Act.

³ The camp sizes used to estimate grower costs represented are based upon cherry farm work camps participating in the department's provisional tent program from 1996-1998. The median camp size among those with fewer than fifty campers is thirty. The median camp size among those with more than fifty campers was ninety.

A copy of the statement may be obtained by writing to Jennell Prentice, Rules Administrator, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 705-6654, fax (360) 705-6654.

RCW 34.05.328 applies to this rule adoption.

Hearing Location: DoubleTree Hotel, Yakima Valley, 1507 North First Street, Yakima, WA 98901, on May 11, 1999, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Theresa Phillips by April 26, 1999, TDD (800) 833-6388, or (360) 664-0064.

Submit Written Comments to: Jennell Prentice, P.O. Box 47852, Olympia, WA 98504-7852, e-mail JZP0303@wa.doh.gov, fax (360) 705-6654, by May 10, 1999.

Date of Intended Adoption: May 14, 1999.

April 6, 1999

Mary Selecky

Secretary

OTS-2175.4

NEW SECTION
WAC 246-358-600
Cherry harvest camps--Applicability.

(1) WAC 246-358-600 through 246-358-680 apply only to operators of cherry harvest camps during the cherry harvest season; and

(2) WAC 246-358-600 through 246-358-680 apply to:

(a) Cherry harvest camps that consist of five or more dwelling units, or any combination of dwelling units or spaces that house ten or more occupants; and

(b) Operators of cherry harvest camps who must comply with substantive state health and safety standards to qualify for MSPA.

(3) WAC 246-358-010, 246-358-030 through 246-358-175, and WAC 246-358-990 apply to cherry harvest camps, unless a specific exemption is provided in WAC 246-358-600 through 246-358-650.

(4) WAC 246-358-600 through 246-358-680 do not apply to housing regulated by chapter 59.18 RCW, Residential Landlord-Tenant Act, or chapter 59.20 RCW, Mobile Home Landlord-Tenant Act.

(5) The department will periodically review WAC 246-358-600 through 246-358-680.

[]

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

(1) An operator must apply for an operating license prior to the use of the camp by submitting to the department:

(a) A completed application on a form provided by the department;

(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; and

(c) A fee as specified in WAC 246-358-990.

(2) An operator may receive a license extension from the department for up to seven days when:

(a) The operator requests an extension for additional days at least three days before the license expiration date;

(b) The department in consultation with the local health jurisdiction will determine if an extension is necessary to protect the public health.

(3) An operator must:

(a) Post the operating license in a place readily accessible to workers;

(b) Notify the department in the event of a transfer of ownership;

(c) Cooperate with the department during on-site inspections;

(d) Follow the plan of correction established with the department when existing housing fails to meet the requirements in WAC 246-358-600 through 246-358-680; and

(e) Meet the transitional compliance schedule requirements in WAC 246-358-620 when applicable.

(4) An operator may appeal decisions of the department in accordance with chapter 34.05 RCW and chapter 246-08 or 246-10 WAC.

[]

A transitional compliance schedule may be approved for cherry harvest camps failing to meet a specific requirement or requirements in WAC 246-358-640, 246-358-660, 246-358-670 and 246-358-680. A transitional compliance schedule:

(1) Is a written plan of compliance developed between the department and the operator that includes a timeline for making incremental improvements for meeting specific requirements in the sections identified above.

(2) Will not exceed three years. EXCEPTION: The secretary of the department may approve a transitional compliance schedule for up to five years for operators who face extraordinary circumstances and demonstrate a good faith effort to achieve compliance.

(3) Applies to licensed operators. If an operator does not continue to be licensed to operate a cherry harvest camp and at any time thereafter again seeks licensure, the operator will resume compliance with the transitional compliance schedule as it applied at the time last licensed.

(4) Will be approved when the operator:

(a) Identifies the specific WAC section or subsection for which the transitional compliance schedule is being requested;

(b) Provides justification for the request; and

(c) Provides a description of how the intent of the requirement(s) will be met during the transitional compliance phase.

(5) Will be approved when the department determines that the transitional compliance schedule will not:

(a) Negate the purpose and intent of these rules;

(b) Place the safety or health of the camp residents in jeopardy; and

(c) Reduce the effectiveness of any fire and life safety or infection control provision in other codes or regulations.

[]

Licensed operators are exempted from the requirements of WAC 246-358-045, 246-358-075 and 246-358-135 when meeting the requirements of this section. A licensed operator:

(1) Must locate the camp area:

(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 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) Must ensure that the housing site is maintained at all times in a sanitary condition free from garbage and other refuse.

(3) Must develop and implement a camp management plan and camp rules to assure that the camp is operated in a safe and secure manner and is kept within the approved capacity. Additionally, the licensed operator must:

(a) Inform camp residents of the camp 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;

(b) Restrict the number of occupants in the camp to the camp capacity as determined by the department. The camp capacity will be determined by the number of tents and the number of persons per tent, area of the site and the ratio of occupants to the number of sinks, showers, and toilets.

(4) Must meet the following requirements for all tents within the camp, including tents provided by employees. The operator will:

(a) Provide a vapor barrier for all tents that are not on asphalt, concrete, or wooden platform; and

(b) Limit the number of occupants who can sleep in the tent to the number for which it was designed.

(5) May provide a tent for employee use when the following requirements are met:

(a) The tent has screened flaps over windows and doors with a means of fastening the flaps shut;

(b) The tent has a sewn-in floor.

(6) May allow an employee to provide his or her own trailer, recreational vehicle, camper or van if designed for sleeping. These vehicles are subject to the same occupancy requirements as a tent. Employees may use their own tents if the tents meet the following requirements:

(a) The tents are store-purchased; and

(b) The tents have a sewn-in floor.

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Licensed operators are exempted from the lighting requirements of WAC 246-358-075, 246-358-090, 246-358-095, 246-358-100 and 246-358-125 when meeting the requirements of this section. A licensed operator must:

(1) Provide adequate lighting:

(a) To allow for safe passage of the camp residents from the tent area to the toilets and sinks twenty-four hours per day;

(b) In cooking and food handling areas as needed for safe food preparation;

(c) In shower rooms during hours of operation; and

(d) In toilets with water flush toilets twenty-four hours per day. The lighting may be natural or artificial.

(2) Provide adequate electricity or alternate power source to:

(a) Provide adequate lighting as required by subsection (1) of this section; and

(b) Power one cubic foot of mechanical refrigeration per person per day.

(3) 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.

(4) Ensure heating, cooking, water heating, and other electrical equipment is installed in accordance with state and local ordinances, codes, and regulations governing such installation.

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Licensed providers are exempt from the requirements of WAC 246-358-095 and 246-358-100 when meeting the requirements of this section. To meet the bathing, toileting and handwashing needs of camp residents, a licensed operator must:

(1) Provide hot and cold running water under pressure adequate to:

(a) Meet the needs of occupants as determined by the department; and

(b) Meet the requirements of WAC 246-358-380(1);

(2) Provide facilities that are kept clean and sanitary;

(3) Provide sloped, coved floors of nonslip impervious materials;

(4) Provide floor drains;

(5) Provide smooth, water impervious walls and partitions to the height of splash;

(6) Provide cleanable, nonabsorbent waste containers in or near shower rooms and toileting areas;

(7) Provide sinks and bathing facilities connected through properly trapped floor drains to an approved disposal system that complies with local ordinances;

(8) Provide water flush toilets unless privies or other methods are specifically approved by the department or local health officer according to requirements in chapter 246-272 WAC;

(9) Have a service contract for sewage pumping with a licensed waste disposal company at least weekly if vault privies or chemical toilets are approved for use. Vault privies or chemical toilets must be located at least fifty feet from any dwelling unit, space, or food handling facility;

(10) Provide an adequate supply of toilet paper in each toilet room, privy, and chemical toilet compartment;

(11) Provide clearly marked toilet rooms or chemical toilets 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 when both men and women occupy the camp;

(12) Ensure that toilet facilities are kept clean and sanitary;

(13) Request occupants to maintain toilet facilities in a clean and sanitary condition;

(14) Provide adequate numbers of toilets, handwashing sinks and showerheads. The department will determine the number of handwashing sinks and shower heads according to the following ratios:

HANDWASHING SINKS--One per each six to ten camp occupants or fraction thereof.

SHOWER HEADS--One per each ten to fifteen camp occupants or fraction thereof.

TOILETS--One per each ten to fifteen camp occupants of each sex with a minimum of two toilets for any facility shared by men and women; and

(15) Receive approval from the department to use off-camp showers. The department will consult with the local health jurisdiction to determine if off-camp showers may be used. Off-camp showers must be within a reasonable distance of the camp, not to exceed five miles.

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Licensed operators must provide storage facilities for clothing and personal articles for each camp occupant.

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Licensed operators are exempt from cold storage requirements of WAC 246-358-125 when meeting the requirements of this section.

Licensed operators must provide mechanical refrigeration which:

(1) Allows for one cubic foot of storage per person; and

(2) Is capable of maintaining a temperature of forty-five degrees Fahrenheit.

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Licensed operators are exempt from food storage and preparation requirements of WAC 246-358-125 when meeting the requirements of this section.

(1) The licensed operator must provide:

(a) Covered food preparation and cooking areas to protect the food from the elements, including dust;

(b) Food storage areas adequate to protect food from attracting rodents and insects;

(c) Easily cleanable food preparation areas;

(d) Handwashing facilities with warm water within one hundred feet of food preparation areas;

(e) Dishwashing facilities with hot water within one hundred feet of food preparation areas;

(f) Adequate tables and chairs or benches for the camp residents; and

(g) An operable hot plate or camp stove with a minimum of one cooking surface for every four adult occupants or one family group. The department may determine that a metal or stone barbecue, with fuel provided, may be substituted for one-half of the required number of hot plates or camp stoves.

(2) At their own option, occupants may provide their own means of cooking in lieu of having a hot plate or camp stove provided by the licensed operator when:

(a) The means of cooking meets applicable safety standards; and

(b) The licensed operator documents that a camp occupant chose not to use the hot plate or camp stove provided by the licensed operator.

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