EMERGENCY RULES
Date of Adoption: May 4, 1999.
Purpose: Add requirement to submit proof of nitrate test for drinking water when applying for temporary worker housing licensure.
Citation of Existing Rules Affected by this Order: Amending WAC 246-358-025.
Statutory Authority for Adoption: RCW 43.70.340.
Other Authority: Chapter 70.114A RCW.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Recent events have heightened the awareness of the drinking water issue in temporary labor camps and temporary worker housing. The acute contaminants identified by a nitrate analysis, pose immediate health risks in target populations which include infants and pregnant women. The submission of proof of nitrate analysis will assist the department in taking measures to protect these populations at risk from exposure.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.
May 4, 1999
Mary Selecky
Secretary
OTS-3099.1
AMENDATORY SECTION(Amending WSR 96-01-084, filed 12/18/95,
effective 1/1/96)
WAC 246-358-025
Operating license.
(1) An operator shall notify the department or contracted health officer to request licensure when:
(a) Housing consists of:
(i) Five or more dwelling units;
(ii) Any combination of dwelling units, or spaces that house ten or more occupants; or
(b) Compliance with MSPA requires licensure.
(2) An operator shall 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 contracted health officer:
(a) A completed application on a form provided by the department or contracted health officer;
(b) Proof of a nitrate analysis, and proof of satisfactory
results of a bacteriological water quality test as required by
WAC 246-358-055(((2), or)) (3); alternatively proof housing is
connected to a community water system; and
(c) A fee as specified in WAC 246-358-990.
(3) An operator may allow the use of housing without a license when all of the following conditions exist:
(a) The operator applied for 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 contracted 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.
(4) An operator shall:
(a) Post the operating license in a place readily accessible to workers;
(b) Notify the department or contracted health officer in the event of a transfer of ownership; and
(c) Cooperate with the department or contracted health officer during on-site inspections.
(5) An operator may appeal decisions of the department in accordance with chapter 34.05 RCW and chapter 246-08 WAC.
[Statutory Authority: RCW 43.70.340. 96-01-084, § 246-358-025, filed 12/18/95, effective 1/1/96. Statutory Authority: RCW 43.70.340 and 43.70.040. 93-03-031 (Order 324), § 246-358-025, filed 1/12/93, effective 2/12/93. Statutory Authority: RCW 70.54.110. 92-04-082 (Order 242B), § 246-358-025, filed 2/5/92, effective 3/7/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-358-025, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 34.05 RCW and RCW 43.20.050. 90-06-049 (Order 040), § 248-63-025, filed 3/2/90, effective 3/2/90. Statutory Authority: RCW 43.20.050. 88-10-027 (Order 309), § 248-63-025, filed 5/2/88.]