Washington Administrative Code
Title 246 - Health, Department of
FACILITY STANDARDS AND LICENSING
Chapter 246-358 - Temporary worker housing
Section 246-358-990 - Fees

Universal Citation: WA Admin Code 246-358-990

Current through Register Vol. 24-18, September 15, 2024

(1) Licensing fee. An operator shall submit to the department of health a licensing fee according to Table 1 of this section prior to the department of health issuing a TWH operating license. Except as provided in subsections (2) and (3) of this section, the licensing fee consists of two portions:

(a)An administrative portion according to Table 1 of this section; and

(b)A facility portion, based on the maximum occupancy of the TWH, according to Table 1 of this section. For purposes of this section, maximum occupancy is the greatest number of occupants that reside in the TWH during the calendar year.

(2)Self-survey program. If an operator is a participant of the self-survey program described in WAC 246-358-027, the operator may pay the administrative portion only of the licensing fee according to Table 1 of this section. The operator may pay this fee only during the years the operator is approved to conduct the self-survey.

(3)Minimum licensing fee. The minimum licensing fee is ninety dollars.

(4) Late fees. The department of health may charge a late fee according to Table 1 of this section in addition to the licensing fee when:

(a)For a new license, the application and licensing fee are not received by the department of health at least forty-five days prior to the new TWH opening operation date;

(b)For a previously licensed TWH, the application and licensing fee are not received by the department of health by February twenty-eighth of the year the operator intends to operate the TWH.

(5) Occupancy increase adjustment.

(a) If, at any time, the operator or the department of health determines there are more occupants than the maximum occupants identified on the application for an operating license according to WAC 246-358-025, the operator shall submit additional funds to the department of health in the amount of four dollars for each additional occupant.

(b)Funds must be submitted to the department of health within thirty calendar days of the operator being made aware of the discrepancy.

(c)Additional occupants accounted for in this subsection may not contribute to exceeding the maximum capacity of the TWH according to WAC 246-358-029.

(6) Refunds.

(a)

The operator shall submit a written request to the department of health for any refund; and

(b) If the operator provides documentation to the department of health that the TWH was not occupied during the license period, the department of health shall refund fees paid by the operator according to the following conditions:
(i) The department of health will refund the licensing fees paid, less a fifty dollar processing fee, if an application has been received but no prelicensure inspection has been performed by the department of health; or

(ii) The department of health will refund two-thirds of the licensing fees paid, less a fifty dollar processing fee, if an application has been received and a prelicensure inspection has been performed by the department of health.

(c) The department of health will not refund applicant licensing fees under subsection (1)(b) of this section if:
(i) The department of health has performed more than one on-site inspection for any purpose; or

(ii) One year has elapsed since a license application was received by the department of health, but no license was issued because the applicant failed to complete requirements for licensure.

(d) If the operator provides documentation to the department of health of fewer occupants than the maximum occupants identified on the application for an operating license according to WAC 246-358-025, the department of health shall refund fees paid by the operator according to following conditions:
(i) The department of health will refund the amount of four dollars for every occupant fewer than the maximum number of occupants identified on the application, if an application has been received and no prelicensure inspection has been conducted;

(ii) The department of health will refund the amount of two dollars for every occupant fewer than the maximum number of occupants identified on the application, if an application has been received and a prelicensure inspection has been conducted; or

(iii) The department of health will not refund any amount under subsection (1)(b) of this section if the department of health has performed more than one on-site inspection for any purpose.

(7) TWH civil fine. The department of health may assess an operator a civil fine according to RCW 43.70.335.

Table 1 Fees, Temporary Worker Housing

Fee Type Administrative Portion Facility Portion
Licensing $50 $4 per occupant, at maximum annual occupancy
($90 minimum total fee)
License, Self-Survey Program $50 $0
Late $100 (Late fees are in addition to licensing fees)

Statutory Authority: RCW 43.70.340 and 2010 c 37. 11-13-124, § 246-358-990, filed 6/22/11, effective 7/23/11. Statutory Authority: RCW 43.70.340. 99-24-095, § 246-358-990, filed 11/30/99, effective 12/31/99. 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.

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