PERMANENT RULES
Date of Adoption: November 30, 1999.
Purpose: Establish licensing and on-site survey fees for temporary worker housing.
Citation of Existing Rules Affected by this Order: Amending WAC 246-358-990.
Statutory Authority for Adoption: RCW 43.70.340.
Adopted under notice filed as WSR 99-21-075 on October 20, 1999.
Changes Other than Editing from Proposed to Adopted Version:
| Subsection | Changes | Rationale |
| (5) | Changed WAC 246-361-990 to WAC 246-358-990. | Incorrect reference to cherry harvest rules. |
| (5)(a) | Inserted: "the cost of" in front of "each required water sample." | Clarify intent. Cost is for water sample only, not staff time. Response to suggestion received on proposed rule. |
| (5)(b) | Changed WAC 246-361-990 to WAC 246-358-990. | Incorrect reference to cherry harvest rules |
| (6) | Changed "will" to "may." | Response to testimony from hearing. |
| Table 990 | Changed "0-4" to "1-4" in first fee category. | Do not license "0." |
| Table 990 | Inserted "or less" after "9 occupants" in first fee category. | Clarify intent. |
| Table 990 | Added "*" with the following note for first fee category: "*Operators with 4 or less units or nine or less occupants are not required to be licensed except when licensure is required by WAC 246-358-025." | Clarify intent. Those with less than 4 units or less than nine occupants do not have to be licensed unless specifically required. Response to question from community. |
| Table 990 | Deleted "for every 50 occupants" and added "occupants" after "over 150" in last fee category. | Clarify intent. Response to suggestion received on proposed rule. |
| "Note" after Table 990 | Added: "Any additional visits (follow up and/or complaint investigation) will be considered an additional service and will be billed separately at the rates established in Table 990." | Clarify intent. Response to suggestion received on proposed rule. |
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: Thirty-one days after filing.
November 30, 1999
M. C. Selecky
Secretary
OTS-3524.2
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 246-358-055 at the time of survey will be:
(a) Directly billed for the cost of each required water sample collected by department staff;
(b) Cited for noncompliance with WAC 246-358-055; 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, may 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 may 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 |
| 1 to 4 units or 9 occupants or less* | $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 over 150 occupants | $175.00 | $25.00 | $200.00 |
| Note: | The on-site survey fee includes two surveys per year (one preoccupancy and one occupancy). Any additional visits (follow-up and/or complaint investigation) will be considered an additional service and will be billed separately at the rates established in Table 990. |
| *Operators with four or less units or nine or less occupants are not required to be licensed except when licensure is required by WAC 246-358-025. |
[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.]