Current through Register Vol. 24-18, September 15, 2024
(1) Any operator
providing TWH shall apply for a TWH operating license from the department of
health when:
(a) The TWH consists of:
(i) Five or more dwelling units; or
(ii) Any combination of dwelling units, or
spaces that house ten or more occupants;
(b) Compliance with the Migrant and Seasonal
Agricultural Worker Protection Act (96 Sta. 2583; 29 U.S.C. Sec. 1801 et. seq.)
requires a license; or
(c) The
operator provides housing consisting of four or fewer dwelling units or any
combination of dwelling units or spaces that house nine or fewer occupants and
elects to comply with chapter 246-359 WAC.
(2) The operator shall submit to the
department of health a completed application that:
(a) Is on a form provided by the department
of health;
(b) Identifies the
maximum number of occupants during the period of licensure. This number must
not exceed the maximum capacity as determined by WAC
246-358-029;
(c) Proves the TWH is permitted for occupancy
by the department of health or the local government building department with
jurisdiction;
(d) Proves that the
water system(s) serving the TWH is in compliance with chapter 246-290 or
246-291 WAC, or local board of health rules. Operators using a Group B public
water system must also provide water quality test results from a certified
laboratory accredited under chapter 173-50 WAC with an official scope of
accreditation for drinking water analytical parameters. Water quality test
results must document compliance with the following water quality standards and
frequency on a form produced by the laboratory conducting the test:
(i) Satisfactory coliform within the previous
twelve months; and
(ii) Ten
milligrams per liter or less nitrate within the previous three years;
and
(e) Includes a fee
as specified in WAC
246-358-990.
(3) The operator will receive a TWH license
for the maximum number of occupants identified in the application. This number
must not exceed the maximum capacity as determined by WAC
246-358-029.
(4) The operator will receive a TWH license
when:
(a) The application requirements from
subsections (2) and (5) of this section are met;
(b) The TWH is in compliance with this
chapter as demonstrated by:
(i) A
prelicensure inspection completed by the department of health; or
(ii) Except as provided for in subsection
(10) of this section, a self-survey completed by the operator and approved by
the department of health; and
(c) The operator complies with any corrective
action plan established by the department of health.
(5) The operator shall submit the
documentation in subsection (2) of this section:
(a) For a new TWH site, by at least
forty-five days prior to the new TWH site operation date; or
(b) For a previously licensed TWH site, by
February 28th of the year the operator intends to operate the TWH.
(6) Except as provided for in
subsection (10) of this section, the department of health may allow the use of
TWH without a renewed license when all of the following conditions exist:
(a) The operator timely applied for renewal
of an operating license in accordance with this section as evidenced by the
post mark;
(b) The department of
health has not inspected the TWH or issued an operating license;
(c) Other local, state, or federal laws,
rules, or codes do not prohibit use of the TWH; and
(d) The operator provides and maintains the
TWH in compliance with this chapter.
(7) An operating license is not
transferable.
(8) The operator
shall post the operating license or a copy of the operating license in a place
readily accessible to occupants of the TWH.
(9) The operator will receive an annual
occupancy inspection completed and approved by the department of
health.
(10) For licensure and
operation of cherry harvest camps:
(a)
Subsections (4)(b)(ii) and (6) of this section do not apply;
(b) A TWH license to operate a cherry harvest
camp is limited to one week before the start through one week following the
conclusion of the cherry harvest.
Statutory Authority:
RCW
70.114A.065 and
70.114A.110. 00-06-082, §
246-358-025, filed 3/1/00, effective 3/1/00. 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.
