Original Notice.

Preproposal statement of inquiry was filed as WSR 99-15-107 on July 21, 1999.

Title of Rule: Safety standards for agriculture, chapter 296-307 WAC, Temporary labor camps, WAC 296-307-161 Temporary worker housing (Part L) and 296-307-163 Cherry harvest camps (Part L1).

Purpose: The 1999 legislature passed ESSB 5599 (chapter 374, Laws of 1999) requiring the Department of Labor and Industries (L&I) and the Department of Health (DOH) to adopt joint rules for the licensing, operation, and inspection of temporary worker housing and the enforcement of these rules. ESSB 5599 also removes temporary worker housing responsibilities from the State Board of Health and directs the agencies to establish standards for cherry harvest camps. Cherry harvest standards may include some variation from standards that are necessary for longer occupancies, provided they are as effective as the standards adopted by WISHA.

Beginning in June 1999 an L&I/DOH joint project team with OSHA representation has been meeting regularly and has developed the proposed wording for the temporary worker housing rule and the cherry harvest rule. During the development of the wording, the joint project team met twice with grower and worker advocates and a third time with the advocates and the public to gather their input. Using the Washington Interactive Television, one public hearing will be held simultaneously in four locations (Wenatchee, Yakima, Tri-Cities, and Mount Vernon) on January 6, 2000. The current WAC 296-307-160 Temporary labor camps is being repealed in its entirety and reissued under WAC 296-307-161 Temporary worker housing and WAC 296-307-163 Cherry Harvest Camps to improve usability and clarity. Current Department of Health requirements have been incorporated into the temporary worker housing and cherry harvest camps rules.

REPEALED SECTIONS: WAC 296-307-160 Temporary labor camps.

WAC 296-307-16001 What requirements apply to camp sites?

•	Requirements have been moved to WAC 296-307-16125.

WAC 296-307-16003 How must camp shelters be constructed?

•	Requirements have been moved to WAC 296-307-16140.
•	To delete the requirement that in a family unit, the husband and wife must have a separate sleeping area whenever living with one or more children over six years old.

WAC 296-307-16004 What electricity must be provided for temporary labor camps?

•	Requirements have been moved to WAC 296-307-16165.

WAC 296-307-16005 What requirements apply to the water supply?

•	Requirements have been moved to WAC 296-307-16130.

WAC 296-307-16007 Must an employer provide toilet facilities for the camp?

•	Requirements have been moved to WAC 296-307-16155.

WAC 296-307-16009 Must sewer lines connect to public sewers?

•	Requirements have been moved to WAC 296-307-16135.

WAC 296-307-16011 What facilities must an employer provide for laundry, handwashing, and bathing?

•	Requirements have been moved to WAC 296-307-16130, 296-307-16145, and 296-307-16150.

WAC 296-307-16013 What lighting must an employer provide in camp buildings?

•	Requirements have been moved to WAC 296-307-16165.

WAC 296-307-16015 What requirements apply to refuse disposal?

•	Requirements have been moved to WAC 296-307-16180.

WAC 296-307-16017 What cooking and food-handling facilities must be provided in temporary labor camps?

•	Requirements have been moved to WAC 296-307-16160 and 296-307-16165.

WAC 296-307-16019 Must an employer provide insect and rodent control?

•	Requirements have been moved to WAC 296-307-16185.

WAC 296-307-16021 What first-aid facilities must be available in the camp?

•	Requirements have been moved to WAC 296-307-16175.

WAC 296-307-16023 When must an employer report communicable diseases in a camp?

•	Requirements have been moved to WAC 296-307-16190.

NEW SECTIONS: WAC 296-307-161 Temporary worker housing.

WAC 296-307-16101 Purpose and applicability.

•	To specify that the purpose of the rule is for temporary worker housing.
•	To provide a reference that the requirements for cherry harvest camps using tents are in WAC 296-307-163 Cherry harvest camps.
•	To specify that operators with nine or less occupants are not required to be licensed under this chapter.
•	To specify that operators with at least one employee are still required to comply with WISHA standards.
•	To provide a reference for Department of Health licensing, on-site survey, water test fees.

WAC 296-307-16103 Definitions.

•	To list definitions applicable to temporary worker housing.

WAC 296-307-16105 Operating license.

Requirements moved from current Department of Health requirements.

•	To clarify requirements that specify when an operator must request a temporary worker-housing license from the Department of Health.
•	To clarify requirements that must be met when requesting an operating license.
•	To clarify requirements that specify when the operating license will be issued.
•	To clarify requirements that specify when temporary worker housing may be allowed without a renewed license.
•	To clarify requirements that specify when an interim operating license may be issued.
•	To clarify requirements that require the posting of the operating license in a readily accessible place, notify the Department of Health of a transfer of ownership, and cooperation with the Department of Health or health officer during on-site inspections.

WAC 296-307-16110 Requirements for self-survey program.

Requirements moved from current DOH requirements.

•	To clarify requirements that specify participation in the self-survey program.
•	To clarify requirements for remaining in the self-survey program.
•	To clarify requirements that specify for a change of ownership and continuation within the self-survey program.

WAC 296-307-16115 Maximum housing occupancy.

Requirements moved from current DOH requirements.

•	To clarify requirements for the determination of maximum occupancy for operator supplied housing.
•	To clarify requirements for the determination of maximum occupancy for worker supplied housing.

WAC 296-307-16120 Variance and procedure.

•	To add requirements that specifies the variance application and authority for approval process.

WAC 296-307-16125 Temporary worker housing sites.

Requirements moved from WAC 296-307-16001 and incorporate current DOH requirements.

•	To clarify requirements that specify what must be considered to locate and operate a temporary worker housing site.
•	To clarify requirements that specify the development and implementation of a temporary worker housing management plan.
•	To clarify requirements that specify closing the temporary worker housing for the season or permanently.

WAC 296-307-16130 Water supply.

Requirements moved from WAC 296-307-16005 and incorporate current DOH requirements.

•	To clarify requirements that the water system must be approved as a Group A public water system or a Group B water system.
•	To clarify requirements that an adequate and convenient hot and cold water supply must be provided for drinking, cooking, bathing, and laundry purposes.
•	To clarify requirements that the water distribution lines must be able to maintain the working piping system at not less than fifteen pounds per square inch after allowing for friction and other pressure loses.
•	To clarify a definition of an "adequate water supply."
•	To clarify requirements that cold, potable, running water under pressure must be within one hundred (100) feet of each dwelling, when water is not piped to the dwelling.
•	To clarify requirements that specify one or more drinking fountains for each 100 occupants or fraction thereof if water sources are not available in each individual dwelling unit.
•	To clarify requirements that specify the posting of a sign indicating that the water is unsafe for drinking purposes.

WAC 296-307-16135 Sewage disposal.

Requirements moved from WAC 296-307-16035 and incorporated current DOH requirements.

•	To clarify requirements that sewage disposal systems must be in accordance with local health jurisdictions.
•	To clarify requirements that all drain, waste and vent systems are connected to public sewers, if available, or to approved on-site disposal systems.

WAC 296-307-16140 Electricity and lighting.

Requirements moved from WAC 296-307-16004 and 296-307-16013 and incorporated current DOH requirements.

•	To clarify requirements that electricity be in all dwelling units, kitchen facilities, shower/bathroom facilities, common areas and laundry facilities.
•	To clarify requirements that electrical wiring and equipment meet electrical standards and building codes.
•	To clarify requirements that each habitable room in a camp has one ceiling-type light fixture and at least one separate floor-type or wall-type convenience outlet.
•	To clarify requirements that laundry and toilet rooms, shower/bathrooms, and rooms where people congregate have at least one ceiling-type or wall-type fixture.
•	To clarify requirements that general lighting and task lighting must be adequate.
•	To clarify requirements that wiring and fixtures are installed in accordance with applicable codes, ordinances, etc.
•	To add requirements that an operator must provide adequate lighting to allow safe passage for camp occupants to handwashing sinks and toilets.

WAC 296-307-16145 Building requirements and maintenance.

Requirements moved from WAC 296-307-16003 and incorporate current DOH requirements.

•	To clarify requirements that buildings are constructed to provide protection against the elements and comply with the state building code and local ordinances, etc.
•	To add the wording that any shelter meeting these requirements is acceptable.
•	To clarify requirements that a number is posted to identify each dwelling unit.
•	To clarify requirements that buildings are maintained in good repair and sanitary condition.
•	To clarify requirements that a ceiling height of at least seven feet and include a method of measuring ceilings that are sloped.
•	To clarify requirements that at least 70 square feet of floor space for one occupant and 50 square feet for each additional occupant.
•	To clarify requirements that floors are tightly constructed in accordance with the State Building Code are in good repair.
•	To clarify requirements that wooden floors are at least one foot above ground level or meet the requirements of the State Building Code.
•	To clarify requirements for a habitable room.
•	To clarify requirements that all exterior openings and screen doors are screened and that screen doors have self-closing devices.
•	To clarify requirements that all heating, cooking and water heating equipment is installed in accordance to state and local ordinances, codes, etc.
•	To clarify requirements that adequate heating in habitable rooms, including bathrooms, are used during cold weather.
•	To add requirements that operators ensure that all recreational vehicles and park trailers meet the requirements of chapters 296-150P and 296-150R WAC.

WAC 296-307-16150 Laundry facilities.

Requirements moved from WAC 296-307-16011 and incorporate current DOH requirements.

To clarify requirements that an operator must provide:

•	One laundry tray or tub for every 30 persons,
•	Facilities for drying clothes,
•	Sloped, coved floors of nonslip materials with floor drains, and
•	Laundry facilities in a clean and sanitary condition.

WAC 296-307-16155 Handwashing and bathing facilities.

Requirements moved from WAC 296-307-16011 and incorporate current DOH requirements.

•	To clarify requirements for the operator to provide handwash sink, showerheads, and a service sink.
•	To clarify requirements that floors must be sloped and coved of nonslip impervious materials.
•	To clarify requirements for shower rooms and floor drains.
•	To clarify requirements for cleanable and nonabsorbent waste containers.
•	To clarify requirements that centralized bathing and handwashing facilities be maintained in a clean and sanitary condition.
•	To clarify requirements that occupants be requested to maintain bathing and handwashing facilities in family dwellings in a clean and sanitary condition.

WAC 296-307-16160 Toilet facilities.

Requirements moved from WAC 296-307-16007 and incorporate current DOH requirements.

•	To clarify requirements for general toilet facilities, centralized toilet facilities, and individual family/unit dwelling facilities.

WAC 296-307-16165 Cooking and food-handling facilities.

Requirements moved from WAC 296-307-16017 and incorporate current DOH requirements.

•	To clarify requirements that an operator must provide food-handling facilities for all occupants.
•	To clarify requirements for common food-handling facilities.
•	To clarify requirements that centralized dining hall facilities comply with chapter 246-215 WAC, Food service.
•	To add requirements for two cubic feet of refrigeration per occupant.
•	To add requirements for two cubic feet of dry food storage space per occupant.

WAC 296-307-16170 Cots, beds, bedding and personal storage.

Requirements moved from WAC 296-307-16003 and incorporated current DOH requirements.

•	To clarify requirements for providing beds, cots or bunks.
•	To clarify requirements to provide suitable storage facilities for clothing and personal articles.

WAC 296-307-16175 First aid and safety.

Requirements moved from WAC 296-307-16021 and incorporated current DOH requirements.

•	To clarify requirements concerning pesticides and flammable, volatile, or toxic substances not intended for household use.
•	To clarify requirements that a first-aid qualified person and equipment are available.
•	To clarify requirements that unused refrigerator units are stored or removed to prevent access by children.

WAC 296-307-16180 Refuse disposal.

Requirements moved from WAC 296-307-16015 and incorporated current DOH requirements.

•	To clarify requirements for handling refuse, rodent harborage, insect breeding and other health hazards.

WAC 296-307-16185 Insect and rodent control.

Requirements moved from WAC 296-307-16019 and incorporated current DOH requirements.

•	To clarify requirements for effective measures to prevent and control insect and rodent infestation.

WAC 296-307-16190 Disease prevention and control.

Requirements moved from WAC 296-307-16023 and incorporated current DOH requirements.

•	To clarify requirements for reporting any individual known to have or suspected of having a communicable disease or various sickness.

Chapter 296-307 WAC, Part L1, Cherry Harvest Camps.

WAC 296-307-163 Cherry harvest camps.

WAC 296-307-16301 Purpose and applicability.

•	To specify that the purpose of the rule is for cherry harvest camps using tents for employee dwellings during the cherry harvest season.
•	To provide a reference that the requirements for other type dwellings are in accordance with WAC 296-307-161 Temporary worker housing.
•	To specify requirements that operators with ten or more occupants are required to be licensed under this chapter.
•	To specify requirements that operators with at least one employee are still required to comply with WISHA standards.

WAC 296-307-16303 Definitions.

•	To specify definitions applicable to cherry harvest camps.

WAC 296-307-16305 Technical assistance.

•	To specify that technical assistance is available from the Department of Health and the Department of Labor and Industries.

WAC 296-307-16310 Operating license.

•	To specify requirements when an operator must request a cherry harvest camp license from the Department of Health.
•	To specify requirements that must be met in the request for an operating license.
•	To specify requirements when the operating license will be issued.
•	To specify requirements when temporary worker housing may be allowed without a renewed license.
•	To specify requirements when an interim operating license may be issued.
•	To specify requirements for posting of the operating license in a readily accessible place, notify the Department of Health of a transfer of ownership, and cooperation with the Department of Health or health officer during on-site inspections.

WAC 296-307-16315 Maximum housing occupancy.

•	To specify requirements for the determination of maximum occupancy for a cherry harvest tent.

WAC 296-307-16320 Variance and procedure.

•	To specify requirements for the variance application and authority for approval process.

WAC 296-307-16325 Cherry harvest campsites.

•	To specify requirements for the operator to locate and operate a site to prevent a health or safety hazard.
•	To specify requirements for the development and implementation of a cherry harvest camp management plan.
•	To specify requirements for the operator to complete certain requirements when closing the camp for the season or permanently.

WAC 296-307-16330 Water supply.

•	To specify requirements that the water system is approved as a Group A public water system or a Group B water system.
•	To specify requirements that an adequate and convenient hot and cold water supply is provided for drinking, cooking, bathing, and laundry purposes.
•	To specify requirements that the water distribution lines are able to maintain an adequate water supply.
•	To specify a definition of an "adequate water supply."
•	To specify requirements for cold, potable, running water under pressure within one hundred feet of each dwelling, when water is not piped to the dwelling.
•	To specify requirements for one or more drinking fountains for each 100 occupants or fraction thereof if water sources are not available in each individual dwelling unit.
•	To specify requirements for the posting of a sign indicating that the water is unsafe for drinking purposes.

WAC 296-307-16335 Sewage disposal.

•	To specify requirements for sewage disposal systems in accordance with local health jurisdictions.
•	To specify requirements that all drain, waste and vent systems are connected to public sewers, if available, or to approved on-site disposal systems.

WAC 296-307-16340, Electricity and lighting.

•	To specify requirements for electricity in all dwelling units, kitchen facilities, bathroom facilities and common areas and laundry facilities.
•	To specify requirements that electrical wiring and equipment meet electrical standards and building codes.
•	To specify requirements that each individual tent in a camp have one ceiling-type light fixture and at least one separate floor-type or wall-type convenience outlet.
•	To add a requirement for a dedicated electrical outlet for an operator provided refrigerator in the tent.
•	To specify requirements that laundry and toilet rooms and rooms where people congregate have a least one ceiling-type or wall-type fixture.
•	To specify requirements that general lighting and task lighting be adequate.
•	To specify requirements that wiring and fixtures are installed in accordance with applicable codes, ordinances, etc.
•	To add requirement that a carbon monoxide monitor must be provided and located not more than 30 inches from the floor if using two or more propane, butane, or white gas lighting appliances.
•	To add requirements that an operator must provide adequate lighting to allow safe passage for camp occupants to handwashing sinks and toilets.
•	To add requirement for adequate lighting for shower rooms during hours of operation.
•	To specify that lighting requirements may be met by natural or artificial means.
•	To specify lighting requirements in tents must be adequate to carry on normal daily activities.

WAC 296-307-16345 Tents.

•	To add requirements for structural stability and floors.
•	To add requirements that floors must be smooth, flat, and without breaks or holes to provide a hard, stable walking surface.
•	To specify that nonrigid flooring supported by grass, dirt, soil, gravel, etc., are not acceptable.
•	To add requirements for flame-retardant treatments for all tent fabrics.
•	To add requirements for a means of egress.
•	To add requirements for specific floor space per occupant.
•	To add requirements for specific ceiling height.
•	To add requirements for windows and ventilation.

WAC 296-307-16350 Recreation vehicles.

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

WAC 296-307-16355 Laundry facilities.

To specify requirements for an operator to provide:

•	One laundry tray or tub for every 30 persons,
•	Facilities for drying clothes,
•	Sloped, coved floors of nonslip materials with floor drains, and
•	Laundry facilities in a clean and sanitary condition.

WAC 296-307-16360 Handwashing and bathing facilities.

•	To specify requirements for the operator to provide handwash sink, showerheads, and a service sink.
•	To specify that handwash sinks must be adjacent to toilets.
•	To specify requirements relating to sloped and coved floors of nonslip impervious materials.
•	To specify the requirements for shower rooms and floor drains.
•	To specify cleanable and nonabsorbent waste containers.
•	To specify that centralized bathing and handwashing facilities are maintained in a clean and sanitary condition.
•	To specify that occupants be requested to maintain bathing and handwashing facilities in family dwellings in a clean and sanitary condition.

WAC 296-307-16365 Toilet facilities.

•	To specify requirements for general toilet facilities, centralized toilet facilities, and the location of toilet rooms.

WAC 296-307-16370 Cooking and food-handling facilities.

•	To specify requirements for when an operator provides food-handling facilities for all occupants.
•	To add requirement for at least one cooking surface for every four occupants in common food-handling facilities and in tents.
•	To specify requirements for cooking in tents and common food-handling facilities.
•	To specify requirements that centralized dining hall facilities comply with chapter 246-215 WAC, Food service.
•	To add requirements for one cubic foot of refrigeration per occupant.
•	To add requirements for two cubic feet of dry food storage space per occupant.

WAC 296-307-16375 Cots, beds, bedding and personal storage.

•	To specify requirements for providing beds, cots or bunks.
•	To specify requirements for when bunk beds are provided.
•	To specify requirements to provide storage facilities for clothing and personal articles.
•	To add requirements that cots, beds or bunks be located at least 30 inches or more from cooking surfaces.

WAC 296-307-16380 First aid and safety.

•	To specify requirements concerning pesticides and flammable, volatile, or toxic substances not intended for household use.
•	To specify requirements that a first aid qualified person and equipment are available.
•	To specify requirements that unused refrigerator units are stored or removed to prevent access by children.

WAC 296-307-16385 Refuse disposal.

•	To specify requirements for handling refuse, rodent harborage, insect breeding and other health hazards.

WAC 296-307-16390 Insect and rodent control.

•	To specify requirements for effective measures to prevent and control insect and rodent infestation.

WAC 296-307-16395 Disease prevention and control.

•	To specify requirements for the reporting of any individual known to have, or suspected of having, a communicable disease or various sickness.

Statutory Authority for Adoption: RCW 49.17.010, [49.17].040, [49.17].050, and ESSB 5599, chapter 374, Laws of 1999.

Statute Being Implemented: Chapter 49.17 RCW.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael A. Silverstein, Tumwater, (360) 902-5495.

Name of Proponent: Department of Labor and Industries and the Department of Health, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

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

A copy of the statement may be obtained by writing to Greg Nothstein, Legislative Economist, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001.

RCW 34.05.328 applies to this rule adoption. ESSB 5599 (chapter 374, Laws of 1999) requires the Department of Labor and Industries and the Department of Health to adopt joint rules for the licensing, operation, and the inspection of temporary worker and cherry harvest housing and the enforcement of these rules. Though RCW 34.05.328 (5)(b)(iii) and (v) exempts this rule from the significant legislative rule analysis, the Department of Labor and Industries voluntarily applied this analysis.

Hearing Location: On January 6, 2000, at 1:00 p.m.; (Note: Public hearing is to be held simultaneously via Washington Interactive Television) at the Yakima Site: DIS Interactive Technologies, c/o Department of Ecology, Yesterday's Village, 15 West Yakima Avenue, Suite 220, Yakima, WA 98902; at the Everett Site: Everett Community College, Olympus Hall, Room 205, 801 Wetmore Avenue, Everett, WA 98201; at the Tri-Cities Site: DIS Interactive Technologies, 8551 West Gage Boulevard, Suite H, Kennewick, WA 99336; and at the Wenatchee Site: Wenatchee Valley Community College, Batjer Hall, Room 8038, 1300 5th Street, Wenatchee, WA 98801.

Assistance for Persons with Disabilities: Contact Josh Swanson by December 23, 1999, at (360) 902-5484.

Submit Written Comments to: Tracy Spencer, Standards Manager, WISHA Services Division, P.O. Box 44620, Olympia, WA 98507-4620, by 5:00 p.m. on January 6, 2000. In addition to written comments, the department will accept comments submitted to fax (360) 902-5529. Comments submitted by fax must be ten pages or less.

Date of Intended Adoption: No earlier than February 1, 2000.

November 17, 1999

Gary Moore

Director

OTS-3507.3

Part L

Temporary Worker Housing
NEW SECTION
WAC 296-307-161
Temporary worker housing.

[]

(1) Purpose. This part is adopted by the Washington state department of labor and industries to implement the provisions of chapter 49.17 RCW and establish minimum health and safety requirements for temporary worker housing.

(2) Applicability.

(a) This part applies only to operators of temporary worker housing. Operators using tents within the cherry harvest season must refer to WAC 296-307-163, 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 one or more employees are required to comply with WISHA standards.

(c) For department of health licensing, on-site survey, water test fees, etc., see WAC 246-358-990.

[]

For the purposes of this part, the following words and phrases will have the following meanings unless the context clearly indicates otherwise:

"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.

"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.

"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.

"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.

"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) 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:

• Twenty-five or more of the same 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:

(a) Constructed to serve less than fifteen residential services regardless of the number of people; or

(b) Constructed to serve an average nonresidential population of less than twenty-five per day for sixty or more days within a calendar year; or

(c) Any number of people for less than sixty days within a calendar year.

"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.

"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 housing 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 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.

"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.

"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 agricultural employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees for temporary, seasonal occupancy.

"WISHA" means the Washington Industrial Safety and Health Act, chapter 49.17 RCW, administered by the Washington state department of labor and industries.

[]

The operator:

(1) Must request 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.

(b) Compliance with MSPA requires a license.

(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 housing or the expiration of an existing operating license by submitting to the department or health officer:

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

(b) Proof the water is current with all water tests required by chapters 246-290 or 246-291 WAC; and

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

(3) Will receive an operating license for the maximum number of occupants as determined by WAC 246-358-029 when:

(a) The application requirements from subsection (2) of this section are met;

(b) The housing is in compliance with this chapter as demonstrated by:

(i) A licensing survey completed by the department; or

(ii) A self-survey completed by the operator and approved by the department.

(4) May allow the use of housing without a renewed license when all of the following conditions exist:

(a) The operator applied for renewal of an operating license in accordance with subsection (2) of this section at least forty-five days before occupancy, as evidenced by the post mark;

(b) The department or 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.

(5) Must post the operating license in a place readily accessible to occupants of the housing.

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

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

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If a licensed operator meets the requirements provided in this section, then the operator may participate in the self-survey program. This means an operator is allowed to conduct a self-survey for two years. On the third year the department will conduct an on-site verification survey to assure compliance with this chapter and determine if the temporary worker housing still meets the requirements of the self-survey program.

(1) To be in the self-survey program the operator must:

(a) Meet the requirements of WAC 246-358-025;

(b) Not have had any valid complaints;

(c) Have had two consecutive years without any deficiencies or have had only 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:

(a) Must continue to comply with subsection (1) of this section;

(b) Continue to not have any deficiencies or only very minor deficiencies; and

(c) Must 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.

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(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.

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Conditions may exist in operations that a state standard will not have practical use. The director of the department of labor and industries may issue a variance from the requirements of the standard when another means of providing equal protection is provided. The substitute means must provide equal protection in accordance with the requirements of chapter 49.17 RCW and chapter 296-350 WAC, variances.

Applications for variances may be reviewed and investigated by the department of labor and industries and the department of health. Variances granted will be limited to the specific case or cases covered in the application and may be revoked for cause. The variance shall remain prominently posted on the premises while in effect.

Variance application forms may be obtained from the Department of Labor and Industries, P.O. Box 44625, Olympia, Washington 98504-4625 or the Department of Health, P.O. Box 47852, Olympia, Washington 98504-7852, upon request. Requests for variances from safety and health standards shall be made in writing to the director or the assistant director, Department of Labor and Industries, P.O. Box 44625, Olympia, Washington 98504-4625. (Reference RCW 49.17.080 and 49.17.090.)

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The operator must:

(1) Locate and operate a site to prevent a health or safety hazard and it 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 200 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 500 feet from where livestock are kept; and

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

(2) Must develop and implement a temporary worker housing management plan and rules 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.

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The operator must:

(1) Provide a water system that is:

(a) Approved as a Group A public water system in compliance with chapter 246-290 WAC or provide proof the temporary worker housing receives water from an approved Group A public water system; or

(b) Approved as a Group B water system in compliance with chapter 246-291 WAC.

Note: A "same farm exemption" applies to a public water system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm.

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 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 dwelling unit, provide one or more drinking fountains for each 100 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 housing, or marked with easily understood pictures or symbols.

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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.

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The operator must ensure that:

(1) Electricity is supplied to all dwelling units, kitchen facilities, shower/bathroom facilities, common areas, and laundry facilities;

(2) All electrical wiring and electrical equipment in a camp must meet the electric standards of applicable building codes;

(3) Each habitable room in a camp has at least one ceiling-type light fixture and at least one separate floor-type or wall-type convenience outlet;

(4) Laundry, toilet rooms, shower/bathrooms, 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 camp occupants to handwashing sinks and toilets. Note: Lighting requirements may be met by natural or artificial means;

(7) Wiring and fixtures are installed in accordance with department of labor and industries regulations, chapter 19.28 RCW and local ordinances, and maintained in a safe condition.

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An operator must:

(1) Construct buildings to provide protection against the elements and comply with the State Building Code, chapter 19.27 RCW, and Temporary worker housing construction standard, chapter 246-359 WAC, applicable state and local ordinances, codes, regulations, and this part. 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 six feet from the finished floor to the finished ceiling will be included in any computation of the minimum floor space.

(6) Provide at least 70 square feet of floor space for the first occupant and at least 50 square feet of floor space for each additional occupant in each dwelling unit.

(7) Provide each room used for sleeping purposes with at least 50 square feet of floor space for each occupant.

(8) Provide floors in accordance with the State Building Code, chapter 19.27 RCW, and Temporary worker housing construction standard, chapter 246-359 WAC, that are tightly constructed and in good repair.

(9) Ensure wooden floors are at least 1 foot above ground level or meet the requirements in the State Building Code, chapter 19.27 RCW and 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 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 16-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 chapters 296-150P and 296-150R WAC.

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An operator must:

(1) Provide one laundry tray or tub or one mechanical washing machine for every 30 persons;

(2) Provide facilities for drying clothes;

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

(4) Maintain laundry facilities in a clean and sanitary condition.

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An operator must:

(1) Provide one handwash sink for 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 10 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) Ensure shower room walls are smooth and nonabsorbent to the height of four feet. If used, partitions must be smooth and nonabsorbent to the height of four feet;

(6) Provide all showers, baths, or shower rooms with floor drains to remove wastewater;

(7) Provide cleanable, nonabsorbent waste containers;

(8) Maintain centralized bathing and handwashing facilities in a clean and sanitary condition, cleaned at least daily;

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

(10) An operator providing bathing or handwashing facilities in family dwelling units must meet the requirements in subsections (1) and (2) of this section, and request occupants to maintain bathing and handwashing facilities in a clean and sanitary condition.

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(1) General toilet requirements. Operators must provide flush toilets unless chemical toilets or pit privies are specifically approved by the department or health officer according to requirements in chapter 246-272 WAC and ensure the following:

(a) Flush toilets, chemical toilets, and urinals must not be located in any sleeping room, dining room, 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; and

(ii) Maintained by a licensed waste disposal company;

(iii) Comply with local ordinances;

(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 floor from the wall and out at least 15 inches from the outer edge of the urinals must be constructed of materials impervious to moisture;

(iii) They 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 16-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 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.

(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 16-mesh material;

(e) Ensure toilet facilities are cleaned prior to occupancy and request occupants to maintain the facilities in a clean and sanitary condition.

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The operator must provide enclosed or screened cooking and food-handling facilities for all occupants.

(1) If cooking facilities are located in dwelling units, the operator must provide:

(a) An operable cook stove or hot plate with at least one cooking surface for every two occupants;

(b) A sink with hot and cold running potable water under pressure;

(c) At least two (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.

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The operator must:

(1) Provide beds, cots, or bunks furnished with clean mattresses in good condition for the maximum occupancy approved by the department or contracted health officer for operator-supplied housing;

(2) Maintain bedding, if provided by the operator, in a clean and sanitary condition;

(3) Provide a minimum of twelve inches between each bed or bunk and the floor;

(4) 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) 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.

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The operator must:

(1) Comply with chapters 15.58 and 17.21 RCW and chapters 16-228 and 296-307 WAC, Part 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;

(4) Ensure that a first-aid qualified person is readily accessible to administer first aid at all times;

(5) Store or remove unused refrigerator units to prevent access by children.

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The operator must:

(1) Comply with local sanitation codes for removing refuse from housing areas and disposing of refuse;

(2) Protect against rodent harborage, insect breeding, and other health hazards while storing, collecting, transporting, and disposing of refuse;

(3) Store refuse in fly-tight, rodent-tight, impervious, and cleanable or single-use containers;

(4) Keep refuse containers clean;

(5) Provide a container on a wooden, metal, or concrete stand within one hundred feet of each dwelling unit;

(6) Empty refuse containers at least twice each week, and when full.

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

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The operator must:

(1) Report the name and address of any individual in the camp known to have or suspected of having a communicable disease immediately to the local health officer;

(2) Immediately report to the local health officer or state board of health:

(a) Suspected food poisoning; or

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

(c) Productive cough, or weight loss is a prominent symptom among occupants;

(3) Prohibit any individual with a communicable disease from preparing, cooking, serving, or handling food, foodstuffs, or materials in dining halls.

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OTS-3508.3

Part L1

Cherry Harvest Camps
NEW SECTION
WAC 296-307-163
Cherry harvest camps.

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(1) Purpose. This part is adopted by the Washington state department of labor and industries, to implement the provisions of chapter 49.17 RCW and establish minimum health and safety requirements for cherry harvest camps.

(2) Applicability.

(a) This part applies only to operators of cherry harvest camps using tents during the cherry harvest season. Operators using other housing must refer to WAC 296-307-161, Part L, or chapter 246-358 WAC.

(b) Operators with ten or more occupants are required to be licensed under this chapter. Operators with one or more employees are required to comply with WISHA standards.

(c) For department of health licensing, on-site survey, and water test fees, see WAC 246-361-990.

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For the purposes of this part, the following words and phrases will have the following meanings unless the context clearly indicates otherwise:

"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.

"Cherry harvest camp" or "camp" means a place, area, or piece of land where dwelling units or campsites 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 Part L1, 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) 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 services:

• 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:

(a) Constructed to serve less than fifteen residential services regardless of the number of people; or

(b) Constructed to serve an average nonresidential population of less than twenty-five per day for sixty or more days within a calendar year; or

(c) 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 campsite.

"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.

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

"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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An operator may request technical assistance from the department of health or the department of labor and industries to assist in compliance with this part.

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

The operator:

(1) Must request a license from the department 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 or health officer:

(a) A completed application on a form provided by the department or contracted health officer;

(b) Proof the water system is current with all water tests required by chapter 246-290 or 246-291 WAC; and

(c) A fee as specified in WAC 246-361-990.

(3) May receive a license extension from the department for up to seven days when:

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

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

(4) Will receive an operating license for the maximum number of occupants as determined by WAC 246-361-030 when:

(a) The application requirements from subsection (2) of this section are met;

(b) The site is in compliance with this part as demonstrated by a licensing survey completed by the department.

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

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

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

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The maximum occupancy for a camp will be based on:

(1) The number of shelters provided; and

(2) The number of bathing, food handling, handwashing, laundry, and toilet facilities.

[]

Conditions may exist in operations that a state standard will not have practical use. The director of the department of labor and industries may issue a variance from the requirements of the standard when another means of providing equal protection is provided. The substitute means must provide equal protection in accordance with the requirements of chapter 49.17 RCW and chapter 296-350 WAC, variances.

Applications for variances may be reviewed and may be investigated by the department of labor and industries and the department of health. Variances granted will be limited to the specific case or cases covered in the application and may be revoked for cause. The variance must remain prominently posted on the premises while in effect.

Variance application forms may be obtained from the Department of Labor and Industries, P.O. Box 44625, Olympia, Washington 98504-4625 or the Department of Health, P.O. Box 47852, Olympia, Washington 98504-7852, upon request. Requests for variances from safety and health standards must be made in writing to the director or the assistant director, Department of Labor and Industries, P.O. Box 44625, Olympia, Washington 98504-4625. (Reference RCW 49.17.080 and 49.17.090.)

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The operator must:

(1) Locate and operate a site to prevent a health or safety hazard that is:

(a) Adequately drained and any drainage from and through the camp must not endanger any domestic or public water supply;

(b) Free from periodic flooding and depressions in which water may become a nuisance;

(c) At least 200 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 500 feet from where livestock are kept; and

(e) Maintained in a clean and sanitary condition.

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

(a) Inform residents of the rules, in a language the resident understands by providing individual copies of the rules to each camp resident or posting the rules in the camp area; and

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

(3) When closing the camp permanently or for the season, complete the following:

(a) Dispose of all refuse to prevent nuisance;

(b) Fill all abandoned toilet pits with earth; and

(c) Leave the grounds and buildings in a clean and sanitary condition.

[]

The operator must:

(1) Provide a water system that is:

(a) Approved as a Group A public water system in compliance with chapter 246-290 WAC or provide proof the camp receives water from an approved Group A public water system; or

(b) Approved as a Group B water system in compliance with chapter 246-291 WAC.

Note: A "same farm exemption" applies to a public water system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm.

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 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 100 occupants or fraction thereof. Prohibit the use of common drinking cups or containers from which water is dipped or poured.

(6) When water is unsafe for drinking purposes and accessible to occupants, post a sign by the source reading "Do not drink. Do not use for washing. Do not use for preparing food" printed in English and in the native language of the persons occupying the camp, or marked with easily understood pictures or symbols.

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An operator must:

(1) Provide sewage disposal systems in accordance with local health jurisdictions.

(2) Connect all drain, waste, and vent systems from buildings to:

(a) Public sewers, if available; or

(b) Approved on-site sewage disposal systems that are designed, constructed, and maintained as required in chapters 246-272 and 173-240 WAC, and local ordinances.

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(1) General electricity requirements.

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

(b) Wiring and fixtures must be installed in accordance with department of labor and industries regulations, chapter 19.28 RCW and local ordinances, and maintained in a safe condition.

(2) Electricity requirements in tents.

(a) Each individual tent must have at least one separate floor-type or wall-type convenience outlet. If the operator provides a refrigerator in the tent, a dedicated outlet must be provided for it.

(b) All electrical wiring and equipment installed in tents must meet the requirements of WAC 296-46-100.

(c) All electrical appliances to be connected to the electrical supply must meet the requirements for the load calculations as required by chapter 19.28 RCW.

(d) Electrical wiring exiting the tent to connect to the GFI outside outlet must be placed in approved flexible conduit not to exceed six feet in length.

(e) All wiring located inside the tent must be placed in conduit for protection and connected to a surface to secure the wiring to prevent movement. Wiring must be located to prevent tripping or safety hazards.

(f) Receptacles and lighting fixtures are 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 to allow 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 30 inches from the floor.

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(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. Nonrigid 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 prevent the entrance of snakes and rodents.

(3) Flame-retardant treatments.

(a) The sidewalls, drops, and tops of tents must 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 must 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 is provided in the tent, 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) Provide at least 70 square feet of floor space for one occupant and 50 square feet for each additional occupant; and

(b) Provide at least 50 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 7 feet is required in fifty percent of the total area.

(b) No portion of the tent measuring less than 6 feet from the flooring to the ceiling must be included in any computation of the minimum floor area.

(7) Windows and ventilation.

(a) Provide a window area equal to 1/10 of the total floor area in each dwelling unit which opens 1/2 or more directly to the outside for cross-ventilation and has 16-mesh screens on all exterior openings.

(b) The windows must have weather-resistant flaps, which will cover the window area and a means of fastening the flaps to provide protection from the elements and allow privacy for the occupants.

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

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An operator must:

(1) Provide one laundry tray or tub or one mechanical washing machine for every 30 persons;

(2) Provide facilities for drying clothes;

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

(4) Maintain laundry facilities in a clean and sanitary condition.

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An operator must:

(1) Provide one handwash sink for every six persons in centralized facilities. Handwash sinks must be adjacent to toilets;

(2) Provide one showerhead for every 10 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, or shower rooms with floor drains to remove wastewater;

(7) Provide cleanable, nonabsorbent waste containers;

(8) Maintain bathing and handwashing facilities in a clean and sanitary condition, cleaned at least daily;

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

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(1) General toilet requirements. Operators must provide flush toilets or chemical toilets. The department or health officer, according to requirements in chapter 246-272 WAC, must approve pit privies. The operator must comply with the following:

(a) Flush toilets, chemical toilets, and urinals must not be located in any tent.

(b) When chemical toilets are provided, they must be:

(i) Located at least fifty feet from any dwelling unit or food-handling facility;

(ii) Maintained by a licensed waste disposal company; and

(iii) Comply with local ordinances.

(c) When urinals are provided:

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

(ii) The floor from the wall and out at least 15 inches from the outer edge of the urinals must be constructed of materials impervious to moisture;

(iii) The urinals must have an adequate water flush where water under pressure is available; and

(iv) Urinal troughs are prohibited in pit privies.

(d) When pit privies are approved they must be:

(i) At least one hundred feet away from any 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 16-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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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 forty-five degrees Fahrenheit 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 forty-five degrees Fahrenheit 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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The operator must provide cots, beds, or bunks for each occupant, not to exceed the maximum occupancy approved by the department or health officer.

(1) Beds or bunks must be furnished with clean mattresses and maintained in a clean and sanitary condition.

(2) The operator must:

(a) Provide a minimum of twelve inches between each cot, bed, or bunk and the floor; and

(b) Allow space to separate beds laterally and end-to-end by at least 36 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 48 inches; and

(b) Maintain a minimum space of 27 inches between the upper and lower bunks.

(4) Locate cots, beds, or bunks at least 30 inches or more from cooking surfaces.

(5) The use of triple bunk beds is prohibited.

(6) The operator must provide suitable storage facilities for clothing and personal articles in each tent.

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The operator must:

(1) Comply with chapters 15.58 and 17.21 RCW and chapters 16-228 and 296-307 WAC, Part I and J and pesticide label instructions when using pesticides in and around the camp;

(2) Prohibit, in the housing area, the use, storage, and mixing of flammable, volatile, or toxic substances other than those intended for household use;

(3) Provide readily accessible first-aid equipment;

(4) Ensure that a first-aid qualified person is readily accessible to administer first aid at all times;

(5) Store or remove unused refrigerator units to prevent access by children.

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The operator must:

(1) Comply with local sanitation codes for removing refuse from camp areas and disposing of refuse;

(2) Protect against rodent harborage, insect breeding, and other health hazards while storing, collecting, transporting, and disposing of refuse;

(3) Store refuse in fly-tight, rodent-tight, impervious, and cleanable or single-use containers;

(4) Keep refuse containers clean;

(5) Provide a container on a wooden, metal, or concrete stand within one hundred feet of each dwelling unit;

(6) Empty refuse containers at least twice each week, and when full.

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

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The operator must:

(1) Report immediately to the local health officer the name and address of any individual in the camp known to have or suspected of having a communicable disease;

(2) Immediately report to the local health officer or state board of health:

(a) Suspected food poisoning; or

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

(c) Productive cough, or weight loss is a prominent symptom among occupants.

(3) Prohibit any individual with a communicable disease from preparing, cooking, serving, or handling food, foodstuffs, or materials in dining halls.

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