WSR 20-22-100
(Aging and Long-Term Support Administration)
[Filed November 3, 2020, 3:48 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-14-117.
Title of Rule and Other Identifying Information: The department is proposing to update chapter 388-76 WAC, Adult family home minimum licensing requirements, by amending WAC 388-76-10695 Building codesStructural requirements, and 388-76-10730 Grab bars and handrails.
Hearing Location(s): On December 8, 2020, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington Street S.E., Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at; or by Skype. Due to the COVID-19 pandemic, hearing may be held via Skype, see DSHS website for most up-to-date information.
Date of Intended Adoption: Not earlier than December 9, 2020
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax 360-664-6185, by 5:00 p.m., December 8, 2020.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email, by November 24, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed change is a technical correction to chapter 388-76 WAC, updating the adoption by reference to the adult family home section of the building code, which moved from WAC 51-51-0325 to 51-51-0330 effective July 1, 2020. There is no policy change associated with this proposal.
Reasons Supporting Proposal: Currently the references to the adult family home section of the building code are inaccurate and may cause confusion for providers if they go to the section referenced and do not find the information they are looking for. This proposal corrects that reference for ease of compliance and implementation.
Statutory Authority for Adoption: RCW 70.128.040.
Statute Being Implemented: None.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Libby Wagner, P.O. Box 45600, Olympia, WA 98504, 253-234-6061.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. This proposal is exempt under RCW 34.05.328 (5)(b)(iii). This is updating an adoption-by-reference.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(4).
Explanation of exemptions: The proposed rule does not affect small businesses or nonprofits.
November 2, 2020
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 07-21-080, filed 10/16/07, effective 1/1/08)
WAC 388-76-10695Building codes—Structural requirements.
(1) For single family dwellings used as an adult family home after July 1, 2007, the home must ensure the building meets the requirements of WAC ((51-51-0325 Section R325))51-51-0330 if the building is:
(a) New; or
(b) An existing building converted for use as an adult family home.
(2) For buildings licensed as a home before July 1, 2007, the requirement of subsection (1) of this section does not apply if:
(a) The building sells or transfers to a new owner; and
(b) The new owner takes possession of the building before the issuance of the license.
(3) The home must ensure that every area used by residents:
(a) Has direct access to at least one exit which does not pass through other areas such as a room or garage subject to being locked or blocked from the opposite side; and
(b) Is not accessible only by or with the use of a:
(i) Ladder;
(ii) Folding stairs; or
(iii) Trap door.
AMENDATORY SECTION(Amending WSR 16-20-095, filed 10/4/16, effective 11/4/16)
WAC 388-76-10730Grab bars and hand rails.
(1) Homes licensed before November 1, 2016, must have at a minimum securely installed:
(a) Grab bars in bathing facilities such as tubs and showers;
(b) Grab bars next to toilets, if needed by any resident;
(c) Handrails on a step or steps if needed by any resident; and
(d) Handrails on ramps if needed by any resident.
(2) Homes licensed and bathroom additions that occur after November 1, 2016, must install grab bars securely fastened in accordance with WAC ((51-51-0325))51-51-0330 at the following locations:
(a) Bathing facilities such as tubs and showers; and
(b) Each side of any toilet used by residents.
(3) Homes licensed after November 1, 2016, must install handrails on each side of the following:
(a) Step or steps; and
(b) Ramps used by residents.