Current through Register Vol. 24-24, December 15, 2024
(1) A full site assessment and local health
officer review and approval to determine environmental health and safety risk,
is required for:
(a) Constructing a new
school facility on a site that was previously undeveloped or developed for
other purposes; or
(b) Converting
an existing structure for primary use as a school facility.
(2) The local health officer shall
determine, in consultation with school officials, the need for and scope of the
site assessment, review, and approval process for:
(a) Constructing a new school facility on an
existing school site;
(b)
Constructing an addition to an existing school facility; or
(c) Converting part of an existing structure
primarily used for other purposes into a school facility.
(3) A full site assessment must include:
(a) A Phase 1 Environmental Site Assessment
(ESA) that meets the requirements of the American Society for Testing
and Materials (ASTM) Standard #1527-05 (published November
2005);
(b) Sampling and analysis of
potential contaminants if the Phase 1 ESA indicates that hazardous materials
may be present. Sampling and analysis must comply with applicable rules of the
Washington state department of ecology;
(c) A noise assessment. Noise from any source
must not exceed an hourly average of 55 dBA (the mean sound energy level for a
specified time (Leq60 minutes)) and must not exceed an
hourly maximum (the maximum sound level recorded during a specified time period
(Lmax)) of 75 dBA during the time of day the school is in session. Sites
exceeding these sound levels are acceptable if a plan for noise reduction is
included in the new construction proposal and the plan for noise reduction is
approved by the local health officer.
(4) School officials shall:
(a) Notify the local health officer within
ninety days of starting preliminary planning for school construction that may
require a site assessment with local health officer review and
approval.
(b) Consult with the
local health officer throughout the plan development phase regarding the scope
of the site assessment and the timeline for completion of the site
assessment.
(c) Have a site
assessment completed when required under this section.
(d) Submit a written report to the local
health officer assessing the potential impact of health and safety risks
presented by the proposed site, including, but not limited to the following:
(i) The findings and results obtained under
subsection (3) of this section;
(ii) Analysis of the findings;
(iii) Description of any mitigation proposed
to address identified health and safety risks present at the site;
and
(iv) Any site
assessment-related information requested by the local health officer to
complete the site assessment review and approval process.
(e) Obtain site review and written site
approval from the local health officer when required under subsection (1) or
(2) of this section.
(5)
The local health officer shall:
(a) Conduct
an inspection of the proposed site;
(b) Review the site assessment for
environmental health and safety risk;
(c) For site assessments according to
subsection (1) of this section, provide written approval, describe site
deficiencies needing mitigation to obtain approval, or deny use of the proposed
school facility site within sixty days of receiving a complete request unless
the school officials and the local health officer agree to a different
timeline; and
(d) For site
assessments according to subsection (2) of this section, provide written
approval or describe site deficiencies needing mitigation to obtain approval of
the proposed school facility site within sixty days of receiving a complete
request unless the school officials and the local health officer agree to a
different timeline.
(6)
If school officials notified the local health officer in writing prior to the
effective date of this section that construction is planned for a particular
site, the site review requirements in effect at the time of notification apply,
provided that school officials comply with all agreed on timelines for
completion.
Statutory Authority: RCW 43.20.050. 10-01-174, 10-12-018
and 11-10-080, § 246-366A-030, filed 12/22/09, 5/21/10 and 5/3/11,
effective 7/1/13.
