WSR 17-19-056 PROPOSED RULES STATE BOARD OF HEALTH [Filed September 13, 2017, 12:32 p.m.] Original Notice. Title of Rule and Other Identifying Information: WAC 246-215-06570 Methods—Prohibiting animals (2009 FDA Food Code 6-501.115), 246-260-151 Restrictions on animals and 246-262-030 Construction permit, amending various sections within Title 246 WAC to reflect the use of respectful language when referring to individuals with disabilities. Hearing Location(s): On November 8, 2017, at 1:30 p.m., at the Clallam County Courthouse, 223 East 4th Street, Conference Room 160, Port Angeles, WA 98362. Date of Intended Adoption: November 8, 2017. Submit Written Comments to: Alexandra Montano, P.O. Box 47990, Olympia, WA 98504-7990, email https://fortress.wa.gov/doh/policyreview, fax 360-236-4088, by October 25, 2017. Assistance for Persons with Disabilities: Contact Alexandra Montano, phone 360-236-4109, TTY 360-833-6388 or 711, email alexandra.montano@sboh.wa.gov, by October 25, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The legislature passed HB 2490 (chapter 94, Laws of 2010), which requires outdated terms to be replaced with more respectful terminology when referring to individuals with disabilities. The purpose of this proposal is to update state board of health rule sections that contain outdated terminology. Reasons Supporting Proposal: The proposal is necessary to make state board of health rules consistent with terminology changes pursuant to HB 2490 (chapter 94, Laws of 2010). Statutory Authority for Adoption: For WAC 246-215-06570 is RCW 43.20.145(1); for WAC 246-260-151 and 246-262-030 is RCW 70.90.120. Statute Being Implemented: RCW 44.04.280. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Washington state board of health, governmental. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Alexandra Montano, 101 Israel Road S.E., Tumwater, WA 98504-7990, 360-236-4109. 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. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(v) exempts rules the content of which is explicitly and specifically dictated by statute. 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(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule. September 7, 2017 Michelle A. Davis Executive Director
AMENDATORY SECTION (Amending WSR 13-03-109, filed 1/17/13, effective 5/1/13)
WAC 246-215-06570 Methods—Prohibiting animals (2009 FDA Food Code 6-501.115).
(1) Except as specified in subsections (2) and (3) of this section, live animals may not be allowed on the PREMISES of a FOOD ESTABLISHMENT.
(2) Live animals may be allowed in the following situations if the contamination of FOOD; clean EQUIPMENT, UTENSILS, LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES cannot result:
(a) Edible FISH or decorative FISH in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems;
(b) Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas;
(c) In areas that are not used for FOOD preparation and that are usually open for customers, such as dining and sales areas, SERVICE ANIMALS that are controlled by ((the disabled EMPLOYEE or person)) an employee or individual with a disability, if a health or safety HAZARD will not result from the presence or activities of the SERVICE ANIMAL;
(d) Pets in the common areas of institutional care facilities such as nursing homes, assisted living facilities, group homes, or residential care facilities at times other than during meals if:
(i) Effective partitioning and self-closing doors separate the common dining areas from FOOD storage or FOOD preparation areas;
(ii) Condiments, EQUIPMENT, and UTENSILS are stored in enclosed cabinets or removed from the common dining areas when pets are present; and
(iii) Dining areas including tables, countertops, and similar surfaces are effectively cleaned before the next meal service; and
(e) In areas that are not used for FOOD preparation, storage, sales, display or dining, in which there are caged animals or animals that are similarly confined, such as in a variety store that sells pets or a tourist park that displays animals.
(3) Live or dead FISH bait may be stored if contamination of FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES cannot result.
AMENDATORY SECTION (Amending WSR 04-18-096, filed 9/1/04, effective 10/31/04)
WAC 246-260-151 Restrictions on animals.
Owners shall prevent animal access to the WRF pool, except service animals in the deck area accompanying users or spectators requiring them. A service animal is defined in RCW 70.84.021 and means an animal that is trained for the purposes of assisting or accommodating ((a disabled person's)) an individual with a sensory, mental, or physical disability.
AMENDATORY SECTION (Amending WSR 91-02-051, filed 12/27/90, effective 1/31/91)
WAC 246-262-030 Construction permit.
(1) Persons planning to construct, alter, or modify a RWCF, excluding routine maintenance, shall provide the following to the department or local health officer for review and approval:
(a) A completed construction permit application:
(b) Three sets of plans and specifications prepared and signed by an engineer or architect; and
(c) A report prepared by an engineer certifying the design of the RWCF is consistent with accepted safety engineering practices and industrial standards. Such engineer shall have experience in safety design, including ergonomic aspects of biomechanics of RWCFs, amusement rides, or equal.
(2) Owners may schedule a predesign meeting with the designer and the department or local health officer to determine if the project is consistent with the intent of these rules;
(3) Following review of the completed permit application and plans and specifications, the department or local health officer shall:
(a) Forward written approval, including construction permit, or denial to the owner;
(b) Forward a copy of approved plans to the designer; and
(c) Forward a copy of the approval letter to the department or local health officer and local building department.
(4) The owner shall ensure any construction, modification, or alteration is completed according to approved plans and specifications;
(5) Upon completion of RWCF construction, alteration, or modification and prior to use, owners shall:
(a) Submit to the department or local health officer a construction report signed by an engineer or architect certifying that construction is substantially in compliance with approved plans and specification; and
(b) Notify the department or local health officer at least five working days prior to intended use of the facility.
(6) Owners of the RWCF must comply with all other applicable agency codes and standards. These include, but are not limited to:
(a) The National Electrical Code, chapter 19.28 RCW and chapter 296-46 WAC as determined by the electrical section of the Washington state department of labor and industries.
(b) Local gas piping and appliance codes, American Gas Association standards, and certification meeting the latest ANSI Z21.56 or other applicable and equivalent standards;
(c) Local building authority standards, including structural design of components;
(d) State and local plumbing authority standards;
(e) Washington state department of labor and industries requirements for pressure vessels under chapter 70.79 RCW and chapter 296-104 WAC; and
(f) Codes designated under chapter 70.92 RCW for ((handicapped accessibility)) accommodating persons with disabilities.
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