PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-11-063.
Title of Rule: WAC 246-358-990 Temporary worker housing fees.
Purpose: Establish new licensing and on-site survey fees for temporary worker housing.
Statutory Authority for Adoption: RCW 43.70.340.
Statute Being Implemented: RCW 43.70.340.
Summary: The amended language establishes new licensing on-site survey fees for temporary worker housing.
Reasons Supporting Proposal: Legislation passed in 1998, RCW 43.70.340, repealed fees set in statute and directs the department to develop new fees.
Name of Agency Personnel Responsible for Drafting: Natalie Gonzalez, Olympia, Washington, (360) 705-6655; Implementation: Maria Gardipee, Olympia, Washington, (360) 705-6625; and Enforcement: Gary Bennett, Olympia, Washington, (360) 705-6652.
Name of Proponent: Department of Health, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The amendments will establish licensing and on-site inspection fees for temporary worker housing. These fees are directed to be established by statute to support the regulation of the temporary worker housing program.
Proposal Changes the Following Existing Rules: Licensing fees are changed from two categories of fees six or less, and over six, to five new categories. License fees are also separated out from on-site survey fees. Those facilities not requiring an on-site inspection will not have to pay the on-site survey fee.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal is exempt under RCW 34.05.310(4) and therefore does not require a small business economic impact statement. The legislature did require the department to conduct a fee study. The fees established by this study mitigate costs for smaller facilities.
RCW 34.05.328 does not apply to this rule adoption. Section 201, chapter 403, Laws of 1995 do not apply to rules that set or adjust fees or rates pursuant to legislative standards (RCW 34.05.328 (5)(b)(vi)).
Hearing Location: DIS Interactive Technologies: Lacey Site, 710 Sleater-Kinney Road S.E., Suite Q, Lacey, WA 98503; or Yakima Location, c/o Department of Ecology, Yesterday's Village, 15 West Yakima Avenue, Yakima, WA 98902; on November 29, 1999, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Jennell Prentice by November 15, 1999, TDD (800) 833-6388, or (360) 705-6652.
Submit Written Comments to: Jennell Prentice, Facilities and Services Licensing, P.O. Box 47852, Olympia, WA 98504-7852, e-mail REGMAIL@doh.wa.gov, fax (360) 705-6654, by November 29, 1999.
Date of Intended Adoption: November 30, 1999.
October 15, 1999
M. C. Selecky
Secretary
OTS-3524.1
AMENDATORY SECTION(Amending Order 324, filed 1/12/93, effective
2/12/93)
WAC 246-358-990
((Operating license)) Fees.
(1) ((An
operator shall pay the following annual fee as established by RCW 43.70.340(2):
(a) Fifty dollars for housing with six or less units; or
(b) Seventy-five dollars for housing with more than six units.
(2) An operator shall submit the fee to the department with the annual application for an operating license.
(3) An operator may request a refund if housing has not been occupied and inspected.
(4) An operator regulated by a contracted health officer is exempt from subsections (2) and (3) of this section.)) License fees. An operator must submit to the department a license fee of twenty-five dollars and an on-site survey fee as specified in Table 990.
| Note: | A separate on-site survey fee will be charged for each housing site owned or managed by an operator which is more than thirty minutes or twenty-five miles apart. |
(a) An annual licensing fee, according to Table 990; and
(b) An on-site survey fee every third year.
(3) Follow-up surveys. An operator will be charged an additional on-site survey fee for any follow-up surveys, when the department determines additional on-site surveys are necessary to confirm compliance with this chapter.
(4) Complaint investigation fees. An operator will be charged for each on-site survey conducted by the department when a complaint investigation results in the complaint being found valid. This fee will be charged according to Table 990 for on-site survey.
(5) Water test fees. An operator who cannot provide written proof that the water system serving the camp is in compliance with WAC 246-361-055 at the time of survey will be:
(a) Directly billed for each required water sample collected by department staff;
(b) Cited for noncompliance with WAC 246-361-055; and
(c) If substantiated, cited for operating an unlicensed camp.
(6) Late fees. An operator who does not submit the fee and application as required by WAC 246-358-025, Licensing, will be charged a late fee of one-half the cost of the license fee. If the license fee and the application are not received by the time of the preoccupancy survey, an additional late fee of one-half the cost of the license fee will be charged. If the fee and application are not received within ten days of the preoccupancy survey the TWH may be considered unlicensed and subject to fines according to WAC 246-358-900.
(7) Refunds. The license and on-site survey fee may be refunded when the operator submits:
(a) A written request to the department; and
(b) Provides documentation that the housing was not occupied during the license period.
| Number of Units or Occupants Whichever is Greater | On-Site Survey Fee (Includes: Initial, Annual Licensing, Follow-Up, and Complaint Investigation Surveys) | License Fee | Total
Fee Survey +License |
| 0 to 4 units or 9 occupants | $45.00 | $25.00 | $70.00 |
| 5 to 10 units or 10 to 50 occupants | $70.00 | $25.00 | $95.00 |
| 11 to 20
units or 51 to 100 occupants |
$120.00 | $25.00 | $145.00 |
| 21 to 50
units or 101 to 150 occupants |
$150.00 | $25.00 | $175.00 |
| over 50 units or for every 50 occupants over 150 | $175.00 | $25.00 | $200.00 |
| Note: | The on-site survey fee includes two surveys per year (one preoccupancy and one occupancy). |
[Statutory Authority: RCW 43.70.340 and 43.70.040. 93-03-031 (Order 324), § 246-358-990, filed 1/12/93, effective 2/12/93. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-358-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20A.055. 87-24-074 (Order 2564), § 440-44-100, filed 12/2/87; 86-05-029 (Order 2342), § 440-44-100, filed 2/19/86.]