None

Health hazards

WAC 296-307-56020 Material safety data sheets. -Label -Organic peroxide • Add this section as a summary page listing all the WAC -Oxidizer sections applicable to material safety data sheets. -Permissible exposure limits (PELs) • Where available, use human case reports of health effects AND • One or more studies that - Are based on human populations, if available, and ani- ma! populations1•2 Expedited [ 22] Washington State Register, Issue 03-04 WSR 03-04-100 Table 3 Criteria for Hazard Evidence Criteria AND - Report statistically significant conclusions of a hazard- 9us effect or health hazard (as defined in this rule) AND - Have been conducted following established scientific principles • Has NOT been tested as a whole for a health hazard •You must: - Evaluate EACH ingredient in the mixture to determine the hazards - Consider the mixture to have the same hazard as each ingredient determined to be hazardous • Has NOT been tested as a whole for physical hazards •You must: •Use any scientifically valid data available to evaluate the potential physical hazards of the mixt.ure NEW SECTION Follow-up if an MSDS is not provided WAC 296-307-56035. WAC 296-307-56015 Provide access to hazard evalu- ation procedures. NEW SECTION You must: •Provide access to your written hazard evaluation proce- WAC 296-307-56025 Develop or obtain material dures when requested by any of the following: safety data sheets (MSDSs). -Employees You must: - Designated representatives of employees • Develop or obtain a complete and accurate material - Representatives of the department of labor and indus- safety data sheet (MSDS) for each hazardous chemical or tries · mixture according to ALL of the following: - Representatives of the National Institute for Occupa- - ALL information in Table 8 must be completed. If tional Safety and Health (NIOSH). there is no relevant information for a required item, this must be noted. Blank spaces are not permitted. NEW SECTION Note: • No specific format is required for MSDSs; however, an example format (OSHA form 174) can be found online at: WAC 296-307-56020 Material safety data sheets. http://www.osha.gov Your responsibility: •One MSDS can be developed for a group of complex mix- tures (for example, jet fuels or crude oil) IF the health and To provide complete and accurate material safety data information including ALL of the following it is one of the following: A chemical that may cause health effects in short or • A combustible liquid long-term exposed employees based on statistically signifi- • A compressed gas cant evidence from a single study conducted by using estab- •Explosive lished scientific principles. •Flammable Health hazards include, but are not limited to, any of the • An organic peroxide following: • An oxidizer • Carcinogens • Pyrophoric • Toxic or highly toxic substances •Unstable (reactive) •Reproductive toxins •Water-reactive. •Irritants Produce •Corrosives To do one or more of the following: • Sensitizers • Manufacture • Hepatotoxins (liver toxins) •Process • • Nephrotoxins (kidney toxins) •Formulate ., • Neurotoxins (nervous system toxins) •Blend • Substances that act on the hematopoietic system (blood •Extract or blood forming system) •Generate [ 33] Expedited WSR 03-04-100 Washington State Register, Issue 03-04 WAC 296-307-45007 What requirements must ven- •Emit tilation systems meet? • Repackage. Pyrophoric WAC 296-307-45009 What general requirements • Chemicals that ignite spontaneously in the air at a tem- apply to the construction of • perature of 130°F (54.4°C) or below. dip tanks? Responsible party WAC 296-307-45011 How must overflow pipes for Someone who can provide more information about the dip tanks be constructed? hazardous chemical and appropriate emergency procedures. WAC 296-307-45013 How must the bottom drains Retailer of dip tanks be constructed? See "distributor." Threshold limit values (TL Vs) WAC 296-307-45017 What measures must an Airborne concentrations of substances established by the employer take to prevent haz- American Conference of Governmental Industrial Hygienists ards from electrical and other ignition sources? (ACGIH), and represent conditions under which it is believed that nearly all workers may be repeatedly exposed day after WAC 296-307-45019 How must dip tanks be oper- day without adverse health effects. ated and maintained? TLVs are specified in the most recent edition of the Threshold Limit Values for Chemical Substances and Physi- WAC 296-307-45021 What requirements must fire extinguishing systems meet? cal Agents and Biological Exposure Indices and include the following categories: WAC 296-307-45023 What requirements apply to • Threshold limit value-time-weighted average (TLV- hardening and tempering TW A) tanks? •Threshold limit value-short-term exposure limit (TL V- WAC 296-307-45027 What requirements apply to STEL) electrostatic apparatus? • Threshold limit value-ceiling (TL V-C). Unstable (reactive) WAC 296-307-45029 What requirements apply to A chemical in its pure state, or as produced or trans- roll coating applications? ported, that will vigorously polymerize, decompose, con- dense, or become self-reactive under conditions of shocks, REPEALER pressure or temperature. Use The following sections of the Washington Administra- tive Code are repealed: To do one or more of the following: •Package WAC 296-62-070 Chemical agents (airborne or •Handle contact). •React •Emit WAC 296-62-07001 Definitions (airborne chemi- cal agents). •Extract • Generate as a by-product WAC 296-62-07003 Definitions (contact chemical •Transfer. agents). Water-reactive WAC 296-62-07005 Control of chemical agents. A chemical that reacts with water to release a gas that is either flammable or presents a heath hazard. WAC 296-62-080 Biological agents. Wholesaler WAC 296-62-11021 Open surface tanks. See "distributor." WAC 296-62-130 Emergency washing facili- ties. REPEALER The following sections of the Washington Administra- REPEALER tive Code are repealed: The following sections of the Washington Administra- WAC 296-307-45001 What general requirements tive Code are repealed: apply to hazardous materials and flammable and combus- WAC 296-62-054 Manufacturers, importers tible liquids? and distributors-Hazard communication. WAC 296-307-45003 What requirements apply to dip tanks containing flamma- WAC 296-62-05402 Determine whether the ble or combustible liquids? chemicals you produce in Expedited [ 34] Washington State Register, Issue 03-04 WSR 03-04-105 your workplace or import are the information needed for the public to contact the depart- hazardous. ment. The anticipated effect of the rule is to improve the WAC 296-62-05404 Use these criteria in making reader's understanding about the department, and to facilitate hazard determinations. access to the department by providing contact information. Proposal Changes the Following Existing Rules: The WAC 296-62-05406 Determine whether the proposal updates WAC 246-01-001 Purpose and authority, chemicals you produce or by eliminating an outdated mission statement; streamlines import are health hazards. WAC 246-01-080 Organization, by replacing lengthy, inac- WAC 296-62-05408 Obtain or develop a material curate, and outdated descriptions of agency divisions with a safety data sheet for each concise description of the agency's organization and mission; hazardous chemical you pro- and updates WAC 246-01-090 Consumer assistance, to accu- duce or import. rately reflect the contact information for the department. The proposal eliminates WAC 246-01-040 Department and pro- WAC 296-62-05410 Label clearly each container fessional boards-Relationship, because the information is of hazardous chemicals that outdated and best reflected in a new, concise statement under leaves your workplace. WAC 246-01-080. The proposal eliminates WAC 246-01- WAC 296-62-05412 Provide material safety data 070 Department and Health Professions Resource Commit- sheets. tee-Relationship, because the language is redundant to the language in RCW 28B.125.010, and because the committee is no longer active. The proposal also eliminates WAC 246- 01-100 Current address, because that information is redun- WSR 03-04-105 dant with the amendments to WAC 246-01-090 Consumer EXPEDITED RULES assistance. DEPARTMENT OF HEALTH NOTICE [Filed February 5, 2003, 9:01 a.m.] THIS RULE IS BEING PROPOSED UNDER AN Title of Rule: Chapter 246-01 WAC, Description and EXPEDITED RULE-MAKING PROCESS THAT WILL organization. ELIMINATE THE NEED FOR THE AGENCY TO HOLD Purpose: This chapter of rules describes the depart- PUBLIC HEARINGS, PREPARE A SMALL BUSINESS .ment's organization and function of the department, and pro- ECONOMIC IMPACT STATEMENT, OR PROVIDE .vides information on how to contact the department. RESPONSES TO THE CRITERIA FOR A SIGNIFICANT Other Identifying Information: These rules were identi- LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF fied as outdated as a result of a review under Executive Order THE EXPEDITED RULE-MAKING PROCESS, YOU 97-02, Regulatory Improvement. MUST EXPRESS YOUR OBJECTIONS IN WRITING Statutory Authority for Adoption: Chapter 43.70 RCW, AND THEY MUST BE SENT TO Michelle Davis, Regula- RCW 34.05.220, 42.17.250. tory Affairs Manager, Department of Health, P.O. Box Statute Being Implemented: RCW 34.05.220, 42.17.- 47879, Olympia, WA 98504-7879, AND RECEIVED BY 250. April 7, 2003. Summary: The proposal updates the rules to reflect the M. C. Selecky current organization of the department, eliminates unneces- Secretary sary information to improve clarity and updates the contact information for the department. Reasons Supporting Proposal: These rules need to be up AMENDATORY SECTION (Amending Order 346, filed to date to help assure that interested parties may obtain accu- 3/24/93, effective 4/24/93) rate information regarding the department's organization and WAC 246-01-001 Purpose and authority. ((fB)) The function. purpose of this chapter is to describe the department of health Name of Agency Personnel Responsible for Drafting: and the general course and method of its operations. This Laurie Jinkins, Mailstop 47830, Olympia, Washington chapter is adopted ((pt1rst1aftt to)) under RCW 34.05.220 and 98504-7830, (360) 236-3721; Implementation and Enforce- 42.17.250, and chapter 43.70 RCW. ment: Eric Slagle, Mailstop 47890, Olympia, Washington ( ( (2) The departffieftt of health is eharged with preserv 98504-7890, (360) 236-3003. iPtg fll:lalie health, mePtiteriPtg health eare easts, maiPttaiPtiPtg Name of Proponent: Department of Health, governmen- miftiffial staftdards for qt1ality iPt health eare delivery, aftd ta!. gefternll)' oYerseeiftg aftd plaftRiRg the state's aetiYities as Rule is not necessitated by federal law, federal or state the)' relate to the health of its eitizeRFy.)) court decision. Explanation of Rule, its Purpose, and Anticipated AMENDATORY SECTION (Amending WSR 95-10-043, Effects: This chapter describes the department and the gen- filed 5/1/95, effective 6/1/95) ~ral course and method of its operations. The purpose of the ~ule is to provide information for individuals interested about WAC 246-01-080 Organization. (((1) The departmeftt the structure and function of the department and to provide is headed hy the seeretary. The offiee of the seeretary pro [ 35 J Expedited WSR 03-04-105 Washington State Register, Issue 03-04 vides oYerall ageHC)' maHagemeHt, aHd is comprised of the NtirsiHg assistaHts secretar)', deptity secretary, state health.officer, polic)' aHd NtirsiHg home admiHistrators plaHHiHg, legislatiYe aHd COHStittieHt relatiOHS, miHority NtirsiHg pools affairs, aHd the commtiHicatioHs office. Oc€1:1patioHal therapists (2) Sill assistaHt secretaries direct specific programs Oce1:1pati0Hal therapists' assistaHts withiH the departmeHt. Oc1:1larists (a) The assistaHt secretary for epidemiology aHd health Optometrists statistics: Osteopathic physiciaHs aHd surgeoHs (i) Collects aHd aHalyzes data that provides iHformatioH Osteopathic physiciaHs' assistaHts abotit the health Of the pOpti)atiOH, hospital COStS, hospital Osteopathic physiciaHs' actiptiHcture assistaflts diagHosis aHd procedtires; Pharmacists (ii) Collects iHformatioH OH all births, deaths, marriages, Paramedics aHd divorces withiH the state aHd makes official doctimeHta Pharmacy assistaflts tioH of these e~·eHts available to the ptiblie; Ph)·sical therapists (iii) CoHdticts stirveillaHce of commtiHicable aHd HOH PhysieiaHs aHd surgeofls commtiHicable diseases aHd other health related eveHts. PhysiciaH assistaHts IAvestigates disease otitbreaks, epidemics, aHd cltisters; pro Podiatric physiciaHs aHd stirgeoHs Yides techHical assistaHce aHd adYice iH deYelopiHg aHd Practical Hurses implemeHtiHg preveHtion/coHtrol programs; provides expert Psychologists coHstiltatioH to local health departmeHts OH epidemiologi Radiological techHologists cally impacted issties aHd, wheH Hecessary, directs stipport Registered fll:lrses for respoHdiHg to emergeHt pti0lic health sittiatioHs; Respirator)' care practitioflers (iv) De·relops a health services i0formatioH system that Sex offeHder treatmeHt providers stipports the implemeHtatioH of health reform as eHYisioHed VeteriHari aHS tiHder the Health SePrices Act of 1993, aHd moHitors the VeteriHary med clerks effectiveHess of the reformed health care eHYiroHmeHt; X ray techfliciafls (v) MoHitors the COHSisteHcy, qtiality, COHtiHtiity, aHd compreheHsiveHess of the departmeHt's health assessmeHt (ii) Sets stafldards, iflspects, liceflses, or certifies, pro actiYities, iHcltidiHg disease stirveillaHce aHd program evalti Yides coHsultatiofl, afld reYie·Ns aHd approves coHstructioR of atietr, flew buildiHgs, alteratiofls, additiofls, afld c01wersi0Hs of • (iv) Pro·.·ides a scieHtific basis for health policy aHd pro health afld resideHtial care facilities for: • gram maHagemeHt decisioHs withiH the departmeHt aHd, Ac1:1te care hospitals wheH reqtiested, to local health departmeHts. Ad1:1lt residefltial rehabilitatioH ceflters (b) The assistaHt secretary for health systems qtiality Alcoholism treatmeflt facilities asstiraHce: Alcoholism hospitals (i) AdmiHisters laws aHd e0forces rtiles, regtilatioHs, aHd Amb1 1latory s1 1rgery ceflters staHdards for the followiHg professioHs: BoardiHg homes ActiptiHCttirists Childbirth ceflters Ainvay maHagemeHt techHicia0s Child day care ceHters A0imal techHiciaHs CompreheHsive otitpatieHt rehabilitatiofl Chiropractic Jl ray techHiciaHs DepartmeHt of correctioHs facilities Co0trolled stibstaHce researchers foveHile rehabilitatiofl facilities CotiHselors/registered & certified EHd stage reHal disease ceHters DeHtal hygieHists Eye baHks DeHtists Ferry S)'Stems DeHttirists Gro1:1p care facilities for childreH DieticiaHs/HtitritioHists Home health care ageflcies DispeHsiHg optieiaHs Home care ageHcies Doctors of chiropractic Hospice ageflcies Drng maHufacturers & wholesalers Hospice care facilities EmergeHcy medical techHiciaHs Oc€1:1patioHal therapist iHdepefldeHt practice First respoHders OtitpatieHt physical therapy/speech pathology Health care assistaHts Physical therapist ifldepeHdeHt practice HeariHg aid fitters Private adtilt treatmeflt homes IAtraveHous techHiciaHs Ps)•chiatric hospitals LegeHd drng sample distributors ResideHtial treatmeHt facilities for psychiatrically impaired Massage practitioHers childreH & yo1:1th Midvlives Rtiral health care facilities 41 ~Jattiropathic ph)·siciaHs R1:1ral health care cliHics Expedited [ 36] Washington State Register, Issue 03-04 WSR 03-04-105 Soldiers' home (x) S1:1neillaF1ce aRd ser¥ices that Fed11ce the morbidity State school for the bliRd aAd mortality d1 1e to t11eerc1 1losis aAd ·,·acciAe pre't'eRtable • State school for the deaf disease. • State hospitals for the meRtally ill (d) The assistaRt secretaFy for eA¥iroAmeRtal health pro Temporary worker ho1:1siAg vides traiAiAg, p11blic ed1:1catioA ser¥ices, aAd techRical assis TraAsieAt accommodatioAs taAce to local health ageAcies aAd other ageAcies; aRd pro VeteraAs' heme vides direct surYeillat1ce, moaitoriAg, aftd eftforcemeAt activ ities to preveftt, coAtrol, aAd abate health hazards aAd (iii) Reg1:1lates the de¥elopmeRt of varim1s Rew health F111isaF1ces related to: care facilities aAd sen·ices eased OR commuRity Reed, fiAaA (i) CoAtamiAated shellfish; cial feasibility, cost coRtaiRmeRt, aAd quality of care; ii) CoAtamiAatioA d1 1e to illegal drng maft1 1fact11riftg aAd (iv) Establishes aAd promotes a system of emergeAC)'

Physical hazards

WAC 296-307-56025 Develop or obtain material safety -Produce data sheets (MSDSs). -Pyrophoric Move requirements relating to developing or obtaining -Responsible party material safety data sheets from WAC 296-62-05404, -Retailer 296-62-05406, and 296-62-05408 to this section. -Threshold limit values (TL Vs) Expedited [ 6] Washington State Register, Issue 03-04 WSR 03-04-100 -Unstable (reactive) WAC 296-307-45015 Take additional precautions if you -Water-reactive recirculate ventilation system exhaust air into the work- -Wholesaler. place. AMENDED SECTIONS: Delete existing language and clarify requirements relat- WAC 296-307-009 What definitions apply to this chap- ing to taking additional precautions if you recirculate ventilation system exhaust air into the workplace. ter? • Add the following definitions to this section: WAC 296-307 -45025 Periodically inspect your dip tanks -Biological agents. and associated equipment and correct any deficiencies. -Chemical agents (airborne or contact). Delete existing language and clarify requirements relat- WAC 296-307-018 What are the employer's responsibili- ing to periodically inspecting dip tanks. ties? WAC 296-307-55030 Inform and train your employees Move requirements relating to controlling chemical about hazardous chemicals in your workplace. agents from WAC 296-62-07005 to this section as sub- section (9). Correct formatting errors. • Move requirements relating to biological agents from WAC 296-62-080 to this section as subsection (10). REPEAL SECTIONS: WAC 296-62-054 Manufacturers, importers and distrib- WAC 296-307-40013 What requirements apply to the utors-Hazard communication. construction, original test, and requalification of nonre- frigerated containers? • Requirements in this section have been rewritten and Requirements for how the containers need to be con- moved to WAC 296-307-560 through 296-307-56050. structed and tested were inadvertently left out of this Repeal this section. WAC section. The Occupational Safety and Health Administration (OSHA) identified this as being "not at- WAC 296-62-05402 Determine whether the chemicals least-as-effective-as" their federal rules. Washington you produce in your workplace or import are hazardous. Industrial Safety and Health Act (WISHA) is required Requirements in this section have been rewritten and to be "at-least-as-effective-as," therefore we are incor- moved to WAC 296-307-560 through 296-307-56050. porating these requirements into this rule making. Repeal this section. WAC 296-307-40015 How must nonrefrigerated contain- WAC 296-62-05404 Use these criteria in making hazard ers and systems (other than DOT containers) be marked? determinations. • Requirements for refrigerated containers were inad- vertently left out of this WAC section. OSHA identi- Requirements in this section have been rewritten and fied this as being "not at-least-as-effective-as" their moved to WAC 296-307-560 through 296-307-56050. federal rules. WISHA is required to be "at-least-as- Repeal this section. effecti ve-as," therefore we are incorporating these requirements into this rule making. WAC 296:62-05406 Determine whether the chemicals you produce or import are health hazards. WAC 296-307-40027 What emergency precautions are Requirements in this section have been rewritten and required when handling anhydrous ammonia? moved to WAC 296-307-560 through 296-307-56050. Requirements for at least two gas masks being readily Repeal this section. accessible were inadvertently left out of this WAC sec- tion. OSHA identified this as being "not at-least-as- WAC 296-62,,-05408 Obtain or develop a material safety effective-as" their federal rules. WISHA is required to data sheet for each hazardous chemical you produce or be "at-least-as-effective-as," therefore we are incorpo- import. rating these requirements into this rule making. Requirements in this section have been rewritten and WAC 296-307-450 General requirements. Summary. moved to WAC 296-307-560 through 296-307-56050. Amend this section to include a summary page listing Repeal this section. all the WAC sections applicable to general require- ments for dipping and coating operations (dip tanks). WAC 296-62-05410 Label clearly each container of haz- ardous chemicals that leaves your workplace. tWAC 296-307-45005 Construct safe dip tanks. Requirements in this section have been rewritten and • Delete existing language and clarify requirements relat- moved to WAC 296-307-560 through 296-307-56050. ing to constructing safe dip tanks. Repeal this section. [ 7] Expedited WSR 03-04-100 Washington State Register, Issue 03-04 WAC 296-62-05412 Provide material safety data sheets. WAC 296-307-45011 How must overflow pipes for dip Requirements in this section have been rewritten and tanks be constructed? moved to WAC 296-307-560 through 296-307-56050. Requirements in this section have been rewritten and Repeal this section. moved to WAC 296-307-445 through 296-307-465. WAC 296-62-070 Chemical agents (airborne or contact). Repeal this section. Definitions in this section have been moved to WAC WAC 296-307-45013 How must bottom drains of dip 296-307-009. Repeal this section. tanks be constructed? Requirements in this section have been rewritten and WAC 296-62-07001 Definitions (airborne chemical moved to WAC 296-307-445 through 296-307-465. agents). Repeal this section. Definitions in this section have been moved to WAC 296-307-009. Repeal this section. WAC 296-307-45017 What measures must an employer take to prevent hazards from electrical and other ignition WAC 296-62-07003 Definitions (contact chemical agents). sources? • Definitions in this section have been moved to WAC Requirements in this section have been rewritten and 296-307-009. Repeal this section. moved to WAC 296-307-445 through 296-307-465. WAC 296-62-07005 Control of chemical agents. Repeal this section. Requirements in this section have been rewritten and WAC 296-307-45019 How must dip tanks be operated moved to WAC 296-307-018. Repeal this section. and maintained? WAC 296-62-080 Biological agents. Requirements in this section have been rewritten and moved to WAC 296-307-445 through 296-307-465. Requirements in this section have been rewritten and Repeal this section. moved to WAC 296-307-018. Repeal this section. WAC 296-307-45021 What requirements must fire extin- WAC 296-62-11021 Open surface tanks. guishing systems meet? Requirements in this section have been rewritten and moved to chapter 296-307 WAC, Part U-3. Repeal this moved to WAC 296-307-445 through 296-307-465. section. Repeal this section. • WAC 296-62-130 Emergency washing facilities. WAC 296-307-45023 What requirements apply to hard- • ening and tempering tanks? Requirements in this section have been rewritten and moved to chapter 296-307 WAC, Part B. Repeal this Requirements in this section have been rewritten and section. moved to WAC 296-307-445 through 296-307-465. Repeal this, section. WAC 296-307-45001 What general requirements apply to WAC 296-307-45027 What requirements apply to elec- hazardous materials and flammable and combustible liq- trostatic apparatus? uids? Repeal this section. • Requirements in this section have been rewritten and moved to WAC 296-307-445 through 296-307-465. WAC 296-307-45029 What requirements apply to roll Repeal this section. coating applications? Repeal this section. WAC 296-307-45003 What requirements apply to dip Reasons Supporting Proposal: This rule making will tanks containing flammable or combustible liquids? incorporate rules from the General occupational health stan- • Requirements in this section have been rewritten and dard, chapter 296-62 WAC, into the Safety standards for moved to WAC 296-307-445 through 296-307-465. agriculture, chapter 296-307 WAC, so that the rules will be Repeal this section. at-least-as-effective-as the federal rules. WAC 296-307-45007 What requirements must ventila- Name of Agency Personnel Responsible for Drafting: tion systems meet? Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael A. Silverstein, Tumwater, (360) • Requirements in this section have been rewritten and 902-5495. moved to WAC 296-307-445 through 296-307-465. Repeal this section. Name of Proponent: Department of Labor and Indus- tries, governmental. WAC 296-307-45009 What general requirements apply to Rule is necessary because of federal law, 1910.111 the construction of dip tanks? Explanation of Rule, its Purpose, and Anticipated • Requirements in this section have been rewritten and Effects: See Summary above. • moved to WAC 296-307-445 through 296-307-465. Proposal Changes the Following Existing Rules: See • Repeal this section. Summary above. Expedited [8 J Washington State Register, Issue 03-04 WSR 03-04-100 NOTICE "Department" means the department of labor and THIS RULE IS BEING PROPOSED UNDER AN industries. When this chapter refers to "we" or "us," it means • EXPEDITED RULE-MAKING PROCESS THAT WILL labor and industries staff responsible for enforcing the Wash- I' ELIMINATE THE NEED FOR THE AGENCY TO HOLD ington Industrial Safety and Health Act (WISHA). PUBLIC HEARINGS, PREPARE A SMALL BUSINESS "Director" means the director of the department of ECONOMIC IMPACT STATEMENT, OR PROVIDE labor and industries, or a designated representative. RESPONSES TO THE CRITERIA FOR A SIGNIFICANT "Employee" means someone providing personal labor LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF in the business of the employer, including anyone providing THE EXPEDITED RULE-MAKING PROCESS, YOU personal labor under an independent contract. MUST EXPRESS YOUR OBJECTIONS IN WRITING "Employer" means a business entity having one or AND THEY MUST BE SENT TO Carmen Moore, Depart- more employees. Also, any person, partnership, or business ment of Labor and Industries, P.O. Box 44001, Olympia, WA entity with no employees but having industrial insurance cov- 98504-4001, AND RECEIVED BY April 9, 2003. erage is both an employer and an employee. When this chap- February 4, 2003 ter refers to "you," it means the employer or a designated rep- Paul Trause resentative. Director "Hazard" means a condition that can cause injury, death, or occupational disease. AMENDATORY SECTION (Amending WSR 98-24-096, "Listed" means listed by a nationally recognized testing filed 12/1/98, effective 3/1/99) laboratory. WAC 296-307-009 What definitions apply to this "Must" means mandatory. "Nationally recognized testing laboratory" See 29 chapter? "Approved" means approved by the director of the department of labor and industries, or by another organi- CFR 1910.7 (federal OSHA requirements). zation designated by the department. Also means listed or "Pesticide" means: approved by a nationally recognized testing laboratory. • Any substance intended to prevent, destroy, control, "Authorized person" means someone you have repel, or mitigate any insect, rodent, snail, slug, fungus, approved to perform specific duties or to be at a specific loca- weed, and any other form of plant or animal life or virus, tion on the job site. except virus on or in a living person or other animal which is • "Biological agents" means organisms or their by-prod- normally considered to be a pest or which the director may declare to be a pest; • ucts. • Any substance or mixture of substances intended to be "Chemical agents (airborne or contact)" means a used as a plant regulator, defoliant or .desiccant; and chemical agent is any of the following: • Any spray adjuvant, such as a wetting agent, spreading • Airborne chemical agent which is any of the following: agent, deposit builder, adhesive, emulsifying agent, defloccu- - Dust - solid particles suspended in air. generated by lating agent, water modifier, or similar agent with or without handling, drilling. crushing, grinding, rapid impact. detona- toxic properties of its own, intended to be used with any pes- tion, or decrepitation of organic or inorganic materials such ticide as an aid to its application or effect, and sold in a pack- as rock, ore, metal. coal. wood. grain, etc. age or container separate from that of the pesticide with - Fume - solid particles suspended in air. generated by which it is to be used. condensation from the gaseous state, generally after volatil- "Safety factor" means the ratio of the ultimate breaking ization from molten metals, etc., and often accompanied by a chemical reaction such as oxidation. strength of a piece of material or equipment to the actual - Gas - a normally formless fluid that can be changed to working stress or safe load when in use. the liquid or solid state by the effect of increased pressure or "Should" or "may" means recommended. decreased temperature or both. "Standard safeguard" means a device designed and - Mist - liquid droplets suspended in air. generated by constructed to remove a hazard related to the machine, appli- condensation from the gaseous to the liquid state or by break- ance, tool, building, or equipment to which it is attached. ing up a liquid into a dispersed state, such as by splashing, "Working day," for appeals and accident reporting, foaming or atomizing. means a calendar day, except Saturdays, Sundays, and legal - Vapor - the gaseous form of a substance that is nor- holidays as defined by RCW 1.16.050. To compute the time mally in the solid or liquid state. within which an act is to be completed, exclude the first • Contact chemical agent which is any of the following: working day and include the last. - Corrosives - substances that in contact with living tis- sue cause destruction of the tissue by chemical action. AMENDATORY SECTION (Amending WSR 01-17-033, - Irritants - substances that on immediate, prolonged, or filed 8/8/01, effective 9/1/01) repeated contact with normal living tissue will induce a local • inflammatory reaction. WAC 296-307-018 What are the employer's respon- • - Toxicants - substances that have the inherent capacity sibilities? to produce personal injury or illness to individuals by absorp- You must: tion through any body surface. (1) Provide a safe and healthful working environment. [9] Expedited WSR 03-04-100 Washington State Register, Issue 03-04 (2) Ensure that employees do not use defective or unsafe Note: Chemicals that require emergency washing facilities: tools and equipment, including tools and equipment that may • You can determine whether chemicals in your workplace require emergency washing facilities by looking at the be furnished by the employee. material safety data sheet (MSDS) or similar documents. (3) Implement a written accident prevention program as The MSDS contains information about first-aid require- required by these standards. ments and emergency flushing of skin or eyes • For chemicals developed in the workplace, the following (4) Implement a hazard communication program as resources provide information about first-aid requirements: required by WAC 296-307-550. - NIOSH Pocket Guide to Chemical Hazards (5) Establish a system for reporting and recording acci- .*DHHS (NIOSH) Publication No. 97-140 dents on the OSHA 200 log. (See chapter 296-27 WAC.) . *http://www.cdc.gov/niosh/npg/ggdstart.html (6) Provide safety education and training programs. - Threshold Limit Values for Chemical Substances and Physical Agents American Conference of Governmental (7) Implement the requirements of WAC 296-62-074 Industrial Hygienists (ACGIH). through 296-62-07 451 to ensure the safety of employees who You must: are exposed to cadmium in the workplace. • Make sure emergency washing facilities: (8) Implement the requirements of WAC 296-62-145 - Are located so that it takes no more than ten seconds to through 296-62-14529 to ensure the safety of employees who reach are exposed to confined spaces in the workplace. - Are kept free of obstacles blocking their use (9) Control chemical agents. - Function correctly You must: - Provide the quality and quantity of water that is satis- • Control chemical agents in a manner that they will not factory for emergency washing purposes. present a hazard to your workers; or Note: • If water in emergency washing facilities is allowed to • Protect workers from the hazard of contact with. or freeze, they will not function correctly. Precautions need to exposure to. chemical agents. be taken to prevent this from happening Reference: Pesticides are chemical agents and are covered by chap- • The travel distance to an emergency washing facility ter 296-307 WAC Part I. Pesticides (worker protection should be no more than fifty feet (15.25 meters) standard). Pesticides may also be covered by chapter • For further information on the design, installation, and 296-62 WAC Part E. Respiratory protection. maintenance of emergency washing facilities, see Ameri- can National Standards Institute (ANSI) publication Z358. l ( 10) Protect employees from biological agents. - 1998, Emergency Eyewash and Shower Equipment. You must: Emergency washing facilities that are designed to meet • Protect employees from exposure to hazardous concen- ANSI Z358. I - 1998 also meet the requirements of this trations of biological agents that may result from processing. standard. The ANSI standard can be obtained from the American National Standards Institute, 1430 Broadway, handling or using materials or waste. New York, New York 10018. Examples of biological agents include: Reference: • Training in the location and use of your emergency wash- - Animals or animal waste ing facilities is required under the employer chemical haz- ard communication rule, WAC 296-307-550, and the acci- - Body fluids dent prevention program rule, WAC 296-307-030. - Biological agents in a medical research lab - Mold or mildew. NEW SECTION WAC 296-307-03935 Inspect and activate your WAC 296-307-03930 Make sure emergency washing emergency washing facilities. facilities are functional and readily accessible. You must: • Make sure all plumbed emergency washing facilities • Provide an emergency shower: are inspected once a year to make sure they function cor- - When there is potential for major portions of an rectly. employee's body to contact corrosives, strong irritants, or Note: Inspections 'should include: toxic chemicals • Examination of the piping - That delivers water to cascade over the user's entire • Making sure that water is available at the appropriate tem- perature and quality body at a minimum rate of 20 gallons (75 liters) per minute • Activation to check that the valves and other hardware for fifteen minutes or more. work properly •Provide an emergency eyewash: • Checking the water flow rate. - When there is potential for an employee's eyes to be You must: exposed to corrosives, strong irritants, or toxic chemicals • Make sure plumbed emergency eyewashes and hand- - That irrigates and flushes both eyes simultaneously held drench hoses are activated weekly to check the proper while the user holds their eyes open functioning of the valves, hardware, and availability of water - With an on-off valve that activates in one second or • Make sure all self-contained eyewash equipment and less and remains on without user assistance until intentionally personal eyewash units are inspected and maintained accord- turned off ing to manufacturer instructions. - That delivers at least 0.4 gallons (1.5 liters) of water - Inspections to check proper operation must be done per minute for fifteen minutes or more. once a year Expedited [ 10] Washington State Register, Issue 03-04 WSR 03-04-100 - Sealed personal eyewashes must be replaced after the AMENDATORY SECTION (Amending WSR 98-24-096, • manufacturer's expiration date. filed 12/1/98, effective 311/99) • Note: Most manufacturers recommend replacing fluid in open WAC 296-307-40013 What requirements apply to self-contained eyewashes every six months. The period for sealed containers is typically two years. the construction, original test, and requalification of non- refrigerated containers? The code is the Unfired Pressure Vessel Code of the American Society of Mechanical Engi- NEW SECTION neers (Section VIII of the ASME Boiler Construction Code), 1952, 1956, 1959, 1962, 1965, 1968 and 1971 editions, the WAC 296-307-03940 Make sure supplemental flush- joint code of the American Petroleum Institute and the Amer- ing equipment provides sufficient water. ican Society of Mechanical Engineers (API-ASME Code) Note: Supplemental flushing equipment cannot be used in place of required emergency showers or eyewashes. 1951 edition, and amendments or later editions, as adopted. (1) Containers used with systems covered in WAC 296- You must: 307-40005 and 296-307-40007 must be constructed and • Make sure hand-held drench hoses deliver at least 3.0 tested according to the code. gallons ( 11.4 liters) of water per minute for fifteen minutes or Exception: Construction under Table UW-12 at a basic joint effi- more. ciency of under 80% is prohibited. Containers built Note: Why use a drench hose? A drench hose is useful when: according to code are exempt from paragraphs UG-125 to UG-128, inclusive, and paragraphs UG-132 and UG- • The spill is small and does not require an emergency 133 of the code. shower Note: This subsection allows the continued use or reinstallation • Used with a shower for local rinsing, particularly on the of containers constructed and maintained according to lower extremities. the 1949, 1950, 1952, 1956, 1959, 1962, 1965 and 1968 You must: editions of the Unfired Pressure Vessel Code of the ASME or any revisions thereof in effect at the time of • Make sure personal eyewash equipment delivers only fabrication. clean water or other medically approved eye flushing solu- tions. (2) Containers more than 36 inches in diameter or 250 gallons water capacity must be constructed to meet one or more of the following requirements: NEW SECTION (a) Containers must be stress relieved after fabrication WAC 296-307-03945 Definitions. according to the code; or t Corrosive (b) Cold-formed heads, when used, must be stress relieved; or As used in first aid, WAC 296-307-039, is a substance that causes destruction of living tissue by chemical action, (c) Hot-formed heads must be used. including acids with a pH of 2.5 or below or caustics with a (3) Welding to the shell, head, or any other part of the pH of 11.0 or above. container subject to internal pressure must be according to the code. Other welding is permitted only on saddle plates, Emergency washing facilities lugs, or brackets attached to the container by the container Emergency washing facilities are emergency showers, manufacturer. eyewashes, eye/face washes, hand-held drench hoses, or Containers used with systems covered in subsection (4) other similar units. of this section must be constructed and tested in accordance Hand-held drench hoses with the DOT specifications. Hand-held drench hoses are single-headed emergency (4) Containers must comply with department of trans- washing devices connected to a flexible hose that can be used portation specifications and must be maintained. filed. pack- to irrigate and flush the face or other body parts. aged. marked. labeled and shipped to comply with current Personal eyewash units DOT regulations and American National Standard Method of Marking Portable Compressed Gas Containers to Identify the Personal eyewash units are portable, supplementary units that support plumbed units or self-contained units, or Material Contained. Z48.l-1954 Rl970. See Appendix C for both, by delivering immediate flushing for less than fifteen availability. minutes. Strong irritant AMENDATORY SECTION (Amending WSR 98-24-096, As used in first aid, WAC 296-307-039, is a chemical filed 12/1/98, effective 3/1/99) that is not corrosive, but causes a strong, temporary inflam- WAC 296-307-40015 How must nonrefrigerated con- matory effect on living tissue by chemical action at the site of tainers and systems (other than DOT containers) be contact. marked? (1) System nameplates, when required, must be • Toxic chemical permanently attached to the system so they are readily acces- • As used in first aid, WAC 296-307-039, is a chemical sible for inspection. that produces serious injury or illness when absorbed through (2) Each container or system covered in WAC 296-307- any body surface. 40005 and 296-307-40007 must be marked as follows: [ 11] Expedited WSR 03-04-100 Washington State Register, Issue 03-04 (a) With indication that the container or system meets the AMENDATORY SECTION (Amending WSR 97-09-013, requirements of the code under which the container is con- filed 4/7 /97, effective 417/97) (b) With indication on the container and system name- WAC 296-307-40027 What emergency precautions 41 structed. are required when handling anhydrous ammonia? (1) plate when the system is designed for underground installa- You must train employees required to handle ammonia in the tion. safe operating practices and the proper action to take in an ( c) With the name and address of the supplier of the con- emergency. Employees must be instructed to use the equip- tainer or the trade name of the container and with the date of ment listed in subsection (3) of this section in an emergency. fabrication. (2) If ammonia system leaks, the employees trained for (d) With the water capacity of the container in pounds at and designated to act in emergencies must: 60°F or gallons, United States standard. (a) See that anyone not required to deal with an emer- (e) With the design pressure in pounds per square inch gency is evacuated from the contaminated area. gauge. (b) ((Pt:1t of! a sttitaele gas mask.)) Two suitable gas (t) With the wall thickness of the shell and heads. masks in readily accessible locations. Full face masks with (g) With indication of the maximum fill level for liquid ammonia canisters as certified by NIOSH under 42 CFR Part anhydrous ammonia between 20°F and 100°F. Markings 84. are suitable for emergency action for most leaks. particu- larly those that occur outdoors. For protection in concen- must be in increments of not more than 20°F. trated ammonia atmospheres. self-contained breathing appa- Exception: Containers with fixed maximum level indicators, such ratus is reguired. as fixed length dip tubes, or containers that are filled by (c) Wear gauntlet type plastic or rubber gloves and wear weight are exempt from this requirement. plastic or rubber suits in heavily contaminated atmospheres. (h) With the outside surface area in square feet. (d) Shut off the appropriate valves. (3) All storage systems must have on hand at least the (i) With minimum temperature in Fahrenheit for which following equipment for emergency and rescue purposes: the container is designed. (a) *One full face gas mask with anhydrous ammonia U) The marking must be on the container itself or on a refill canisters. permanently attached nameplate. (b) **One pair of protective gloves. (3) All main operating valves on permanently installed (c) **One pair of protective boots. containers with a capacity of over 3,000 water gallons must (d) **One protective slicker and/or protective pants and be identified to show whether the valve is in liquid or vapor t jacket. service. The valve must be identified as follows: (e) Easily accessible shower and/or at least 50 gallons of (a) The word LIQUID (or LIQUID VALVE), VAPOR (or clean water in an open top container. v APOR v ALVE), as appropriate, must be placed on or within (t) Tight-fitting vented goggles or one full face shield. twelve inches of the valve by means of a stencil tag or decal. *An ammonia canister is effective for short periods of (b) Liquid valves must be painted orange and vapor time in light concentrations of ammonia vapor, generally fif- valves must be painted yellow. The legend ORANGE-LIQUID, teen minutes in concentrations of 3% and will not protect YELLOW-VAPOR must be displayed in one or more conspicu- breathing in heavier concentrations. If ammonia vapors are ous places at each permanent storage location. The legend detected when mask is applied, the concentration is too high must have letters at least two inches high and must be placed for safety. The life of a canister in service is controlled by the against a contrasting background. percentage of vapors to which it is exposed. Canisters must (4) "Marking refrigerated containers." Each refrigerated not be opened until ready for use and should be discarded container must be marked with a name plate on the outer cov- after use. Unopened canisters may be guaranteed for ~s long ering in an accessible place as specified in the following: as three years and all should be dated when received. In addi- •With the notation. "Anhydrous Ammonia" tion, an independently supplied air mask of the type used by • With the name and address of the builder and the date fire departments may be used for severe emergencies. of fabrication **Gloves, boots, slickers, jackets, and pants must be • With the water capacity of the container in gallons. made of rubber or other material impervious to ammonia. U.S. Standard (4) Where several persons are usually present, additional • With the design pressure safety equipment may be necessary. (5) Each tank motor vehicle transporting anhydrous • With the minimum temperature in degrees Fahrenheit ammonia, except farm applicator vehicles, must carry a con- for which the container was designed tainer of at least five gallons of water and must have a full • The maximum allowable water level to which the con- face gas mask, a pair of tight-fitting goggles or one full face tainer may be filled for test pui:poses shield. The driver must be instructed in their use and the •With the density of the product in pounds per cubic foot proper action to take to provide for the driver's safety. • for which the container was designed (6) If a leak occurs in transportation equipment and it is • •With the maximum level to which the container may be impractical to stop the leak, the driver should move the vehi- filled with liguid anhydrous ammonia. cle to an isolated location. Expedited [ 12] Washington State Register, Issue 03-04 WSR 03-04-100 (7) If liquid ammonia contacts the skin or eyes, the VENTILATION affected area should be promptly and thoroughly flushed with Provide proper ventilation for the vapor area water. Do not use neutralizing solutions or ointments on WAC 296-307-45010 t affected areas. A physician must treat all cases of eye expo- Take additional precautions if you recirculate ventilation sure to liquid ammonia. system exhaust air into the workplace WAC 296-307-45015 DIPPING AND COATING OPERA TIO NS (DIP Take additional precautions when using an exhaust hood TANKS) WAC 296-307-45020 INSPECTION NEW SECTION Periodically inspect your dip tanks and associated equip- ment and correct any deficiencies WAC 296-307-445 Scope. WAC 296-307-45025 IMPORTANT: FIRST AID A dip tank is a container holding a liquid other than Make sure employees working near dip tanks know plain water that is used for dipping or coating. An object may appropriate first-aid procedures be completely or partially immersed (in a dip tank) or it may WAC 296-307-45030 be suspended in a vapor coming from the tank. CLEANING Exemption: Dip tanks that use a molten material (molten metal, Prepare dip tanks before cleaning alloy, salt, etc.) are not covered by this chapter. WAC 296-307-45035 This chapter applies to: WELDING •A dip tank that uses a liquid other than plain water, or Protect employees during welding. burning or other the vapor of the liquid, to: work using open flames - Clean an object WAC 296-307-45045 - Coat an object LIQUIDS HARMFUL TO SKIN - Alter the surface of an object Provide additional protection for employees working OR near dip tanks that use liquid that may burn, irritate. or other- - Change the character of an object. wise harm the skin • Draining or drying an object that has been dipped or WAC 296-307-45050 . • coated. • Examples of covered dipping and coating operations CONSTRUCTION include, but are not limited to: - Paint dipping -Anodizing AMENDATORY SECTION (Amending WSR 97-09-013, -Pickling filed 417/97, effective 417/97) -Quenching WAC 296-307-45005 ((Whet defieitiaM epply ta tl:tis -Tanning seetiae'?)) Construct safe dip tanks. (("Dip taflk" meafls a - Degreasing taHk, ¥at, or eoHtaifler of flammable or eombt1stible liqt1id ifl -Stripping 't'l'hieh artieles or materials are immersed for eoatiHg, fiHish -Cleaning iflg, treatiflg, or similar proeesses. -Dyeing. "Vapor area" meafls aHy area eofltaiHiflg daflgerot1s Reference: You have to do a hazard assessment to identify hazards or qt1aHtities of flammable Yapors iH the Yieiflity of dip taflks, potential hazards in your workplace and determine if PPE draiflboards or other dryiHg, eoflve)'iHg, or other eqt1ipmeHt is necessary to protect your employees. See personal pro- dt1riflg operatioH or sht1tdowH.)) tective equipment (PPE), WAC 296-307-100 through 296-307-10025. You must: • Make sure dip tanks. including any drain boards, are strong enough to support the expected load. AMENDATORY SECTION (Amending WSR 97-09-013, filed 417/97, effective 417/97) VENTILATION WAC 296-307-450 ((Otl ter l tei!&PdaHs meteriels.)) General requirements. NEW SECTION Summary. WAC 296-307-45010 Provide proper ventilation for Your responsibility: the vapor area. Safeguard employees working with dip tanks. You must: • Make sure mechanical ventilation meets the require- CONSTRUCTION ments of one or more of the following standards: Construct safe dip tanks - NFPA 34-1995, Standard for Dipping and Coating WAC 296-307-45005 Processes Using Flammable or Combustible Liquids [ 13] Expedited WSR 03-04-100 Washington State Register, Issue 03-04 - ACGIH's "Industrial Ventilation: A Manual of Rec- - Passes the air through a device that removes contami- ommended Practice" (22nd ed., 1995) nants -ANSI Z9.l-197 l, Practices for Ventilation and Opera- - Sounds an alarm and automatically shuts down the dip tion of Open-Surface Tanks and ANSI Z9.2-1979, Funda- tank operation, if the vapor concentration of any substance in mentals Governing the Design and Operation of Local the exhaust air exceeds twenty-five percent of its LFL Exhaust Systems. - Monitors the concentration of vapor from flammable Note: Some, or all, of the consensus standards (such as ANSI and or combustible liquids with approved equipment. NFPA) may have been revised. If you comply with a later ~ • The LFL concentration in the air must be determined after version of a consensus standard, you will be considered to the air passes through the air-cleaning device and before the have complied with any previous version of the same con- air reenters the workspace sensus standard. • Most substances will pose a health hazard at a concentra- You must: tion far below twenty-five percent of its LFL. • Limit the vapor area to the smallest practical space by using mechanical ventilation NEW SECTION • Keep airborne concentration of any substance below twenty-five percent of its lower flammable limit (LFL) WAC 296-307-45020 Take additional precautions • Make sure mechanical ventilation draws the flow of air when using an exhaust hood. into a hood or exhaust duct You must: • Have a separate exhaust system for each dip tank if the • Make sure each room with an exhaust hood has a combination of substances being removed could cause a: source of outside air that: -Fire - Enters the room in a way that will not interfere with the -Explosion function of the hood OR - Replaces at least ninety percent of the air taken in - Potentially hazardous chemical reaction. through the hood. Reference: You need to keep employee exposure within safe levels when the liquid in a dip tank creates an exposure hazard. INSPECTION See Air contaminants, WAC 296-62-075 through 296- 62-07515. Note: You may use a tank cover or material that floats on the AMENDATORY SECTION (Amending WSR 97-09-013, surface of the liquid to replace or assist ventilation. The filed 417/97, effective 417/97) method or combination of methods you choose has to maintain the airborne concentration of the hazardous WAC 296·307-45025 ((Whet FettttiFemeets epply te material and the employee's exposure within safe limits. Aew eeet applieetiees?)) Periodically inspect your dip tanks and associated equipment and correct any deficien- AMENDATORY SECTION (Amending WSR 97-09-013, cies. (((1) All dip taRk req1 1iremeRts m1 1st !lflfll)' to flow coat filed 417/97, effective 417/97) Of>eratiORS. WAC 296-307-45015 ((Hew mttst li1tttiEls ttsed ie dip All f)if>iRg m1 1st be stroRgl)' erected aRd rigidly Sl lfl teeliS 13e steFed eed heedled?)) Take additional precau- ~ tions if you recirculate ventilation system exhaust air into PaiRt m1 1st be Sl lflfllied by direct low f)ress1 1re f>l lmfl iRg arraRged to a1 1tomatieally sh1 1t dowR by aR apf>FOYed heat the workplace. ((The storage of flammable aRd comb1:1stible aet1 1ated deYiee iR the case of fire, or f>SiRt may be s1 1pplied liq1 1ids iR CORRectioR with dif)f)iRg Of>eratioRs m1 1st meet the b)' a gravity taRk with a mailim1:1m caf)acity of 10 galloRs. req1:1iremeRts of the ~fotioRal Fire ProteetioR AssociatioR 8taRdard for DryeleaRiRg PlaRts, NFPA No. 32 1970; the (4) The s1:1mf> area aRd aRy areas OR which f>SiRt flows sho1:1ld be coRsidered the area of dip taRk.)) ~latioRal Fire ProteetioR AssociatioR 8taRdard for the MaR1:1 fact1:1re of OrgaRie CoatiRgs, NFPA ~lo. 35 1970; the You must: NatioRal Fire ProtectioR AssoeiatioR 8taRdard for 8olveRt • Inspect or test your dip tanks and associated equipment EiltraetioR PlaRts, NFPA No. 36 1967; aRd the NatioRal Fire periodically. including: ProtectioR AssociatioR 8taRdard for the IRstallatioR aRd Use -Covers of 8tatioRary Comb1 1stioR ERgiRes aRd Gas T1 1rbiRes, NFPA - Overflow pipes No. 37 1970. - Bottom drains and valves Where f>Ortable coRtaiRers Me 1:1sed to ref>leRish flamma - Electrical wiring. equipment. and grounding connec- ble aRd comb1 1stible liq1 1ids, yo1 1 m1 1st eRs1 1re that both the tions eoRtaiRer aRd taRk are f>Ositivel~r gro1:1Rded aRd electrically - Ventilating systems boRded to f)reveRt static electric Sflarks.)) - Fire extinguishing equipment. You must: • Inspect the hoods and ductwork of the ventilation sys- • Only recirculate air that contains no substance at a con- tem for corrosion and damage and make sure the airflow is centration that could pose a health or safety hazard to adequate: employees - At least quarterly during operation • Make sure any exhaust system that recirculates air into - Prior to operation after a prolonged shutdown. the workplace: • Promptly fix any deficiencies found. Expedited [ 14] Washington State Register, Issue 03-04 WSR 03-04-100 • To assist you in tracking your inspections and actions taken from those inspections. you may want to keep a writ- LIQUIDS HARMFUL TO SKIN ten record • It is recommended that inspections be at least quarterly even if the system is not operating. Depending on the NEW SECTION chemicals in use more frequent inspection may be required. WAC 296-307-45050 Protect employees that use liq- uids that may burn, irritate, or otherwise harm the skin. FIRST AID You must: (1) Make sure washing facilities, including hot water, are NEW SECTION available for every ten employees that work with dip tank liq- uids. WAC 296-307-45030 Make sure employees working (2) Satisfy medical requirements: near dip tanks know appropriate first-aid procedures. • Make sure an employee with any small skin abrasion, You must: cut, rash, or open sore receives treatment by a properly desig- • Make sure your employees know the appropriate first- nated person aid procedures for the hazards of your dipping and coating • Make sure an employee with a sore, bum, or other skin operations. lesion that needs medical treatment, has a physician's Note: •First-aid procedures are contained in the material safety approval before they perform their regular work data sheet (MSDS) for the chemicals used in the dip tank •First-aid supplies appropriate for the hazards of the dip- • Make sure employees who work with chromic acid ping or coating operation need to be located near the dip receive periodic examinations of their exposed body parts, tank to be considered "readily available" as required by especially their nostrils. WAC 296-307-03920. Note: • Periodic means on a yearly basis unless otherwise indi- Reference: There are additional requirements that may include pro- cated viding emergency washing facilities and employee train- • Any time chromic acid spills onto an employee's skin or ing. See first aid, WAC 296-307-039, and employer their clothing is saturated, a physician should be responsible chemical hazard communication, WAC 296-307-550. for evaluating and monitoring the area where chromic acid made contact with the skin. CLEANING You must: (3) Provide lockers or other storage space to prevent con- NEW SECTION tamination of street clothes. Reference: You have to do a hazard assessment to identify hazards or WAC 296-307-45035 Prepare dip tanks before clean- potential hazards in your workplace and determine if ing. You must: PPE is necessary to protect your employees. See Per- sonal protective equipment (PPE), WAC 296-307-100. (I) Drain the contents of the tank and open any cleanout doors. (2) Ventilate the tank to clear any accumulated hazard- NEW SECTION ous vapors. WAC 296-307-455 Additional requirements for dip Reference: There may be requirements that apply before an tanks using flammable or combustible liquids. employee enters a dip tank. See Permit-required con- fined spaces, WAC 296-62-141 and safety procedures, Summary. WAC 296-307-320. IMPORTANT: This section applies to: WELDING • Flammable and combustible liquids (flashpoint below 200°F) NEW SECTION • Liquids that have a flashpoint of 200°F (93.3°C) or higher if you: WAC 296-307-45045 Protect employees during weld- - Heat the liquid ing, burning, or other work using open flames. - Dip a heated object in the tank You must: Your responsibility: •Make sure the dip tank and the area around it are thor- Safeguard employees working with dip tanks containing oughly cleaned of solvents and vapors before performing flammable or combustible liquids work involving: You must: -Welding CONSTRUCTION -Burning Include additional safeguards when constructing dip OR tanks - Open flames. WAC 296-307-45505 Provide overflow pipes Reference: There are additional requirements for this type of work. See Welding, cutting and brazing, WAC 296-307-475, WAC 296-307-45510 and Respiratory protection, chapter 296-62 WAC, Part E. Provide bottom drains [ 15] Expedited WSR 03-04-100 Washington State Register, Issue 03-04 WAC 296-307-45515 Note: Discharged to a safe location could be a: • Safe location outside the building FIRE PROTECTION OR Provide fire protection in the vapor area • Closed, properly vented salvage tank or tanks that can WAC 296-307-45520 hold more than the dip tank. Provide additional fire protection for large dip tanks You must: WAC 296-307-45525 •Make sure the bottom of the overflow pipe is at least six ELECTRICAL WIRING AND EQUIPMENT AND SOURCES inches ( 15.2 cm) below the top of the tank .. OF IGNITION Note: The overflow pipe should be large enough to remove water applied to the liquid surface of the dip tank from automatic Prevent static electricity sparks or arcs when adding liq- sprinklers or other sources in the event of fire. Smaller dip uids to a dip tank tanks should be equipped with overflow pipes, if practical. WAC 296-307-45535 Control ignition sources NEW SECTION WAC 296-307-45540 Provide safe wiring and electrical equipment where the WAC 296-307-45515 Provide bottom drains. liquid can drip or splash Exemption: A bottom drain is not required if: WAC 296-307-45545 - The viscosity of the liquid makes it impractical to empty the tank by gravity or pumping HOUSEKEEPING OR Keep the area around dip tanks clear of combustible - The dip tank has an automatic closing cover that material and properly dispose of waste meets the requirements of WAC 296-307-45530. WAC 296-307-45550 You must: HEATING LIQUID • Provide a bottom drain on all dip tanks that hold more Make sure heating the liquid in your dip tanks does not than five hundred gallons of liquid cause a fire • Make sure the bottom drain: WAC 296-307-45555 - Is properly trapped HEAT DRYING - Will empty the dip tank during a fire Make sure a heating system used for drying objects does - Has pipes large enough to empty the tank within five not cause a fire minutes WAC 296-307-45560 - Uses automatic pumps if gravity draining is not practi- CONVEYORS cal Make sure the conveyor system for dip tanks is safe - Is capable of both manual and automatic operation WAC 296-307-45565 - Discharges to a safe location. Note: Discharges to a safe location could be a: • Safe location outside the building CONSTRUCTION OR • Closed, properly vented salvage tank or tanks that can hold more than the dip tank. NEW SECTION You must: WAC 296-307-45505 Include additional safeguards •Make sure manual operation of the bottom drain is per- when constructing dip tanks. formed from a safe and easily accessible location. You must: (1) Make sure the dip tank, drain boards (if provided), FIRE PROTECTION and supports are made of noncombustible material. (2) Make sure piping connections on drains and overflow NEW SECTION pipes allow easy access to the inside of the pipe for inspection and cleaning. WAC 296-307-45520 Provide fire protection in the vapor area. NEW SECTION You must: • Provide a manual fire extinguisher near the tank that is WAC 296-307-45510 Provide overflow pipes. suitable for putting out flammable and combustible liquid You must: fires. • Provide an overflow pipe on dip tanks that: - Hold more than one hundred fifty gallons of liquid NEW SECTION OR - Have more than ten square feet of liquid surface area. WAC 296-307-45525 Provide additional fire protec- • Make sure the overflow pipe is: tion for large dip tanks. - Properly trapped You must: - Able to prevent the dip tank from overflowing • Provide at least one automatic fire extinguishing sys- • -Three inches or more (7.6 cm) in diameter tern or an automatic dip tank cover if the tank: • - Discharged to a safe location. - Holds one hundred fifty gallons or more of liquid Expedited [ 16] Washington State Register, Issue 03-04 WSR 03-04-100 Exemption: OR An automatic fire extinguishing system or an auto- - Has four square feet or more of liquid surface area. matic dip tank cover is not required for a hardening or tempering tank that: • Make sure automatic fire extinguishing systems or • Holds less than five hundred gallons automatic dip tank covers meet the requirements of Table l. OR • Has less than twenty-five square feet of liquid sur- face area. Table 1: Aµtomatic Fire Protection System Requirements If you provide: Then you must: An automatic fire extinguishing system • Use extinguishing materials suitable for a fire fueled by the liquid in the tank • Make sure the system protects the: -Tanks - Drain boards - Stock over drain boards. A dip tank cover • Make sure the cover is: - Closed by approved automatic devices in the event of fire - Able to be manually activated - Kept closed when the tank is not being used - Made of noncombustible material or metal-clad material with locked metal joints. ELECTRICAL WIRING AND EQUIPMENT AND NEW SECTION SOURCES OF IGNITION WAC 296-307-45545 Provide safe electrical wiring and equipment where the liquid can drip or splash. NEW SECTION You must: WAC 296-307-45535 Prevent static electricity sparks • Make sure all electrical wiring and equipment in the or arcs when adding liquids to a dip tank. vapor area is approved for areas that have: You must: - Deposits of easily ignited residue • Make sure any portable container used to add liquid to - Explosive vapor. the tank is: Exemption: This does not apply to wiring that is: - Electrically bonded to the dip tank - In rigid conduit, threaded boxes or fittings - Positively grounded. - Has no taps, splices, or terminal connections. NEW SECTION HOUSEKEEPING WAC 296-307-45540 Control ignition sources. You must: NEWSECTiON (1) Make sure the vapor areas and adjacent areas do not have any: WAC 296-307-45550 Keep the area around dip • Open flames tanks clear of combustible material and properly dispose • Spark producing devices of waste. • Heated surfaces hot enough to ignite vapors. You must: (2) Use explosion-proof wiring and equipment in the vapor area. (1) Make sure the area surrounding dip tanks is: Reference: Electrical wiring and equipment has to meet the require- - Completely free of combustible debris ments of the applicable hazardous (classified) location. - As free of combustible stock as possible. See Hazardous (classified) locations, WAC 296-307- 37209. (2) Provide approved metal waste cans that are: You must: - Used for immediate disposal of rags and other material (3) Prohibit smoking in any vapor area: contaminated with liquids from dipping or coating operations • Post an easily seen "No SMOKING" sign near each dip - Emptied and the contents properly disposed of at the tank. end of each shift. [ 17] Expedited WSR 03-04-100 Washington State Register, Issue 03-04 HEATING LIQUID WAC 29,6-307-46005 VAPOR DEGREASING Provide additional safeguards for vapor degreasing tanks • NEW SECTION • WAC 296-307-46025 WAC 296-307-45555 Make sure heating the liquid in SPRAY CLEANING OR DEGREASING your dip tanks does not cause a fire. Control liquid spray over an open surface cleaning or You must: degreasing tank • Keep the temperature of the liquid in the dip tank: WAC 296-307-46030. - Below the liquid's boiling point -At least 100°F below the liquid's autoignition tempera- HARDENING OR TEMPERING ture. NEW SECTION HEAT DRYING WAC 296-307-46005 Meet specific requirements if you use a hardening or tempering tank. NEW SECTION You must: WAC 296-307 -45560 Make sure a heating system (1) Provide an automatic fire extinguishing system or an used for drying objects does not cause a fire. automatic dip tank cover for any hardening and tempering You must: tank that uses flammable or combustible liquids and: • Make sure the heating system used in a drying opera- - Holds five hundred gallons (1893 L) or more of liquid tion that could cause ignition: OR - Has adequate mechanical ventilation that operates - Has twenty-five square feet (2.37 m2) or more of liquid before and during the drying operation surface area. - Shuts down automatically if a ventilating fan fails to (2) Prevent fires. maintain adequate ventilation • Make sure hardening and tempering tanks are: - Is installed as required by NFP A 86-1999, Standard for - Not located on or near combustible flooring Ovens and Furnaces. - Located as far away as practical from furnaces Note: Some, or all, of the consensus standards (such as ANSI and - Equipped with noncombustible hoods and vents (or NFPA) may have been revised. If you comply with a later equally effective devices) for venting to the outside. t version of a consensus standard, you will be considered to • Treat vent ducts as flues and keep them away from have complied with any previous version of the same con- combustible material, particularly roofs. sensus standard. (3) Make sure air under pressure is not used to: • Fill the tank CONVEYORS OR • Agitate the liquid in the tank. NEW SECTION (4) Equip each tank with an alarm that will sound when WAC 296-307-45565 Make sure conveyor systems the temperature is within 50°F ( 10°C) of the liquid's flash- are safe. point (alarm set point). (5) Make sure a limit switch shuts down conveyors sup- You must: plying work to the tank when the temperature reaches the • Make sure the conveyor system shuts down automati- alarm setpoint, if operationally practical. cally if: (6) Have a circulating cooling system if the temperature - The ventilation system fails to maintain adequate ven- of the liquid can exceed the alarm set point. tilation The bottom drain of the tank may be combined with the oil Note: OR circulating system if the requirements for bottom drains in - There is a fire. WAC 296-307-45515 are satisfied. NEW SECTION VAPOR DEGREASING WAC 296-307-460 Additional requirements for dip NEW SECTION tanks used for specific processes. Summary. WAC 296-307-46025 Provide additional safeguards · Your responsibility: for vapor degreasing tanks. Safeguard employees working with dip tanks used for You must: specific processes (1) Make sure, if the tank has a condenser or a vapor- You must: Ievel thermostat, that it keeps the vapor level at least: HARDENING OR TEMPERING • Thirty-six inches (91 cm) below the top of the tank if • Meet specific requirements if you use a hardening or the width of the tank is seventy-two inches or more • tempering tank OR Expedited [ 18 J Washington State Register, Issue 03-04 WSR 03-04-100 • One-half the tank width below the top of the tank if the Detearing: A process for removing excess wet coating t uid, that the combustion chamber is airtight (except for the tank is less than seventy-two inches wide. material from the bottom edge of a dipped or coated object or Dip tank: A container holding a liquid other than plain (2) Make sure, if you use gas as a fuel to heat the tank liq- material by passing it through an electrostatic field. flue opening) to prevent solvent vapors from entering the air- water that is used for dipping or coating. An object may be fuel mixture. immersed (or partially immersed) in a dip tank or it may be (3) Make sure the exhaust flue: suspended in a vapor coming from the tank. • Is made of corrosion-resistant material • Extends to the outside Flammable liquid: ·Any liquid having a flashpoint • Has a draft diverter if mechanical exhaust is used. below 100°F (37.8°C), except any mixture having compo- (4) Take special precautions to keep solvent vapors from nents with flashpoints of 100°F (37.8°C) or higher, the total mixing with the combustion air of the heater if chlorinated or of which make up ninety-nine percent or more of the total fluorinated hydrocarbon solvents (for example, trichloroeth- volume of the mixture. ylene or freon) are used in the dip tank. Flashpoint: The minimum temperature at which a liq- (5) Keep the temperature of the heating element low uid gives off a vapor in sufficient concentration to ignite enough to keep a solvent or mixture from: when tested by any of the measurement methods described in • Decomposing the definition of flashpoint in WAC 296-307-55060. OR Lower flammable limit: The lowest concentration of a •Generating excessive vapor. material that will propagate a flame. The LFL is usually expressed as a percent by volume of the material in air (or SPRAY CLEANING OR DEGREASING other oxidant). NFPA: National Fire Protection Association. NEW SECTION Vapor area: Any area in the vicinity of dip tanks, their drain boards or associated drying, conveying, or other equip- WAC 296-307-46030 Control liquid spray over an ment where the vapor concentration could exceed twenty- open surface cleaning or degreasing tank. five percent of the lower flammable limit (LFL) for the liquid You must: in the tank. • Control the spray to the greatest extent feasible by: You: Means the employer. - Enclosing the spraying operation as completely as possible t - Using mechanical ventilation to provide enough AMENDATORY SECTION (Amending WSR 01-17-033, inward air velocity to prevent the spray from leaving the filed 8/8/01, effective 9/1/01) vapor area. WAC 296-307-55()30 Inform and train your employ- Note: Mechanical baffles may be used to help prevent the dis- ees about hazardous chemicals in your workplace. charge of spray. Reference: Spray painting operations are covered in Spray-finishing Note: The employer chemical hazard communication information operations, WAC 296-62-11019. and training requirements also apply to pesticides. Employ- ers who have employees who are exposed to pesticides must be in compliance with this rule and the worker protec- NEW SECTION tion standards, WAC 296-307-12040. You must: WAC 296-307-465 Definitions. ACGIH: American Conference of Governmental •Provide employees with effective information on haz- Industrial Hygienists. ardous chemicals in their work area at the time of their initial job assignment. Whenever a new physical or health hazard Adjacent area: Any area within twenty feet (6.1 m) of a vapor area that is not separated from the vapor area by tight related to chemical exposure is introduced into their employ- partitions. ees' work areas, information must be provided. - Inform employees of: ANSI: American National Standards Institute. + The requirements of this rule. Approved: Approved or listed by a nationally recog- , + Any operations in their work area where hazardous nized testing laboratory. Refer to federal regulation 29 CFR chemicals are,present. 1910. 7, for definition of nationally recognized testing labora:. + The location and availability of your written Chemi- tory. Autoignition temperature: The minimum temperature cal Hazard Communication Program, including the list(s) of hazardous chemicals and material safety data sheets required to cause self-sustained combustion without any (MSDSs) required by this rule. other source of heat. Combustible liquid: A liquid having a flashpoint of at • Provide employees with effective training about haz- ardous chemicals in their work area at the time of their initial least 100°F (37.8°C) and below 200°F (93.3°C). Mixtures job assignment. Whenever a new physical or health hazard •with at least ninety-nine percent of ~heir components ~aving related to chemical exposure is introduced, the employees •flashpoints of 200°F (93.3°C) or higher are not considered must be trained. combustible liquids. ~Make sure that employee training includes: [ 19] Expedited WSR 03-04-100 Washington State Register, Issue 03-04 stricter than the OSHA PELs and other exposure limits - Methods and observations that may be used to detect listed on the MSDSs you receive. If this is the case, you the presence or release of a hazardous chemical in the work must refer to the WISHA PEL table, WAC 296-62-075, for t area. Examples of these methods and observations may the appropriate exposure limits to be covered during train- include: ing. + Monitoring conducted by you + Continuous monitoring devices CONTENT AND DISTRIBUTION OF MATERIAL + Visual appearance or odor of hazardous chemicals SAFETY DAT A SHEETS (MSDSs) AND LABEL when being released INFORMATION ((+-))=Physical and health hazards of the chemicals in the work area, including the likely physical symptoms or effects of overexposure NEW SECTION ((+-))=Steps employees can take to protect themselves WAC 296-307-560 Scope. This chapter sets minimum from the chemical hazards in your workplace, including spe- requirements for content and distribution of material safety cific procedures implemented by you to protect employees data sheets (MSDSs) and labels for hazardous chemicals. from exposure to hazardous chemicals. Specific procedures • This chapter applies when you do one or more of the may include: following: • Appropriate work practices - Import, produce, or repackage chemicals, including • Engineering controls manufactured items (such as bricks, welding rods, and sheet • Emergency procedures metal) that are not exempt as articles • Personal protective equipment to be used - Sell or distribute hazardous chemicals to manufactur- ((•))=Details of the Chemical Hazard Communication ers, distributors or employers Program developed by you, including an explanation of the - Choose not to rely on material safety data sheets labeling system and the MSDS, and how employees can (MSDSs) provided by the importer, manufacturer or distribu- obtain and use the appropriate hazard information. tor. • Tailor information and training to the types of hazards to which employees will be exposed. The information and Note: •You are not required to evaluate chemicals or create MSDSs for chemicals you did not produce or import. training may be designed to cover categories of hazards, such If you decide to evaluate chemicals or create MSDSs, as flammability or cancer-causing potential, or it may address then the requirements of this chapter will apply to specific chemicals. Chemical-specific information must you. always be available through labels and MSDSs. • Use Table 2 to determine which sections in this t •Make reasonable efforts to post notices in your employ- chapter apply to your workplace. Exemptions: • All of the following are always exempt from this ees' native languages (as provided by the department) if those chapter: employees have trouble communicating in English. - Ionizing and nonionizing radiation Note: •Interactive computer-based training or training videos can - Biological hazards be used provided they are effective. - Tobacco and tobacco products • Your MSDSs may not have WISHA permissible exposure • The chemicals and items listed in Table I are exempt limits (PELs) listed. In some cases, WISHA PELs are from this chapter under the conditions specified. Table 1 Conditional Exemptions from this chapter This chapter does NOT apply to When • Alcoholic beverages • Sold, used, or prepared in a retail establishment (such as a OR grocery store, restaurant, bar, or tavern) •Foods • An article (manufactured item) • It is not a fluid or particle AND • It is formed to a specific shape or design during manufacture for a particular end use function 1 AND • It releases only trace amounts of a hazardous chemical dur- ing normal use AND does not pose a physical or health risk to employees • Consumer products • Both criteria apply: - Produced or distributed for sale meeting the definition - They are used in the workplace for the same purpose as of "consumer products" in the Consumer Product Safety intended by the manufacturer or importer Act (see U.S. Code, Title 15, Chapter 47, section 20522) Expedited [ 20] Washington State Register, Issue 03-04 WSR 03-04-100 Table I Conditional Exemptions from this chapter This chapter does NOT apply to When OR - The duration and frequency of an employee's exposure • Hazardous household products is no more than the range of exposures that consumers might reasonably experience - Meeting the definition of "hazardous substances" in the Federal Hazardous Substance Act (see U.S. Code, Title 15, Chapter 30, section 126!2) •Cosmetics • Packaged and sold in retail establishments •Drugs • In solid, final form (for example, tablets, or pills) for direct administration to the patient - Meeting the definition for "drugs" in the Federal Food, Drug, and Cosmetic Act (see U.S. Code, Title 21, Chap- ter 9, Subchapter II, section 32!2) OR •Packaged and sold in retail establishments (for example, over-the-counter drugs) OR • Intended for employee consumption while in the workplace (for example, first-aid supplies) • Hazardous solid wastes • Subject to the United States Environmental Protection Agency (EPA) regulations3 - Meeting the definition of "hazardous wastes" in the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (see U.S. Code, Title 42, Chapter 82, Subchapter I, section 69032) • Valid evidence that shows a chemical is any one of the following3: - A combustible liquid - A compressed gas - Explosive -Flammable - An organic peroxide - An oxidizer - Pyrophoric - Unstable (reactive) - Water-reactive 1If human data is not available, use results of tests done on animals and other available studies to predict health effects on employees (for example, effects resulting from short and long-term exposures to chemicals). 2In vitro studies alone do not generally form the basis of a finding of hazard. 3These terms are defined in WAC 296-307-56050. • Chemicals identified in the sources listed in Table 4 must be assumed to be hazardous (including carcinogens and potential • carcinogens). Table 4 Information Sources Identifying Hazardous Chemicals • Sources that address a broad range of hazard categories: - Chapter 296-62 WAC, General Occupational Health Standards, WISHA - 29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration (OSHA) - Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment, American Conference of Governmental Industrial Hygienists (ACGIH) (latest edition). •Sources that identify carcinogens or potential carcinogens: - Chapter 296-62 WAC, General Occupational Health Standards, WISHA . - 29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration (OSHA) - National Toxicology Program (NTP), Annual Report on Carcinogens (latest edition) - International Agency for Research on Cancer (IARC) Monographs (latest editions). Note: The Registry of Toxic Effects of Chemical Substances is published by the National Institute for Occupational Safety and Health (NIOSH) and identifies chemicals found to be potential carcinogens by the NTP and IARC. Chemicals meeting Table 5 definitions, along with the criteria for established evidence in Table 3, must be regarded as haz- ardous. Table 5 is NOT intended to present all hazard categories or test methods. Available scientific data involving other test methods and animal species must also be evaluated to determine a chemical's hazards. t [ 23] Expedited WSR 03-04-100 Washington State Register, Issue 03-04 Table 5 Standard Health Hazard Categories A chemical is considered to be • A carcinogen •Corrosive •Toxic • Highly toxic Expedited If • The International Agency for Research on Cancer (!ARC) considers it to be a carcinogen or potential carcinogen OR • The National Toxicity Program (NTP) (latest edition) lists it as a carcinogen or potential carcinogen OR • It is regulated by WISHA or OSHA as a carcinogen • It causes visible destruction of, or irreversible alterations in, living tissue (not inanimate surfaces) by chemical action at the site of contact Example: - A chemical is corrosive if tested on the intact skin of albino rabbits by a method described by the U.S. Department of Transportation (in Appendix A to 49 CFR Part 173) and it destroys or changes (irreversibly) the structure of the tissue at the contact site after a four- hour exposure period • It has a median lethal dose (LD50) greater than 50 milli- grams per kilogram, but no more than 500 milligrams per kilo- gram of body weight, when administered orally to albino rats weighing between 200 - 300 grams each OR • It has a median lethal dose (LD50) greater than 200 milli- grams per kilogram, but not more than 1,000 milligrams per kilogram, of body weight when administered by continuous contact for twenty-four hours (or less if death occurs within twenty-four hours) with the bare skin of albino rabbits weigh- ing between 2 - 3 kilograms each OR • It has a median lethal concentration (LC50), in air: - Greater than 200 parts per million, but not more than 2,000 parts per million (by volume of gas or vapor) OR - Greater than 2 milligrams per liter, but not more than 20 milligrams per liter, of mist, fume, or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats, weighing between 200 - 300 grams each • It has a median lethal dose (LD50) of 50 milligrams, or less, per kilogram of body weight when administered orally to albino rats weighing between 200 - 300 grams each OR •It has a median lethal dose (LD50) of200 milligrams, or less, per kilogram of body weight when administered by continu- ous contact for twenty-four hours (or less if death occurs within twenty-four hours) with the bare skin of albino rabbits weighing between 2 - 3 kilograms each [ 241 Washington State Register, Issue 03-04 WSR 03-04-100 Table 5 Standard Health Hazard Categories A chemical is considered to be If OR • It has a median lethal concentration of (LC50), in air, of: - 200 parts per million (by volume), or less, of gas or vapor OR - 2 milligrams per liter, or less, of mist, fume, or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 - 300 grams each • An irritant •It is NOT corrosive, but causes a reversible inflammatory effect on living tissue by chemical action at the contact site Examples: - The chemical is a skin irritant when tested on the intact skin of albino rabbits (by the methods of 16 CFR 1500.41) for four hours exposure (or by other appro- priate techniques), and the exposure results in an empirical score of five or more - A chemical is an eye irritant if so determined under the procedure listed in 16 CFR 1500.42 or other appro- priate techniques • A sensitizer • It causes a substantial proportion of exposed people or ani- mals to develop an allergic reaction in normal tissue after repeated exposure Categories provided in Table 6 illustrate the broad range of target organ effects that must be considered when conducting hazard evaluations. Chemicals meeting Table 6 definitions, along with the criteria for established evidence in Table 3, must be regarded as hazardous. Examples provided in Table 6 are NOT intended to be a complete list. Table 6 Examples of Target Organ Effect Categories Category Category Definition Examples of Signs and Examples of Chemicals Symptoms Hepatotoxins Cause liver damage •Jaundice • Carbon tetrachloride • Liver enlargement • Nitrosamines Nephrotoxins Cause kidney damage •Edema • Halogenated hydrocarbons • Proteinuria •Cadmium Neurotoxins Cause primary toxic effects •Narcosis •Mercury on the nervous system • Behavioral changes • Carbon disulfide • Decrease in motor functions •Lead Chemicals that act on the • Decrease hemoglobin func- • Cyanosis • Carbon monoxide •Blood ti on • Loss of consciousness •Cyanides OR •Benzene • Hematopoietic (blood form- •Deprive the body tissues of ing) system oxygen Chemicals that damage the • Irritate lungs •Cough •Silica lungs OR • Tightness in chest •Asbestos • Damage pulmonary tissue • Shortness of breath [ 25] Expedited WSR 03-04-100 Washington State Register, Issue 03-04 Table 6 Examples of Target Organ Effect Categories Category Category Definition Examples of Signs and Examples of Chemicals Symptoms Reproductive toxins Affect reproductive capabili- • Birth defects •Lead ties, including: •Sterility • 1,2-Dibromo-3-chloropro- • Chromosomal damage pane (DBCP) (mutation) • Nitrous oxide • Effects on fetuses (teratoge- nesis) Cutaneous (skin) hazards Affect the dermal layer of the • Defatting of the skin • Ketones body •Rashes • Chlorinated compounds • Irritation Eye hazards Affect the eye or ability to see •Conjunctivitis • Organic solvents • Corneal damage •Acids Table 7 Criteria for Evaluating Chemical Mixtures Ifa mixture Then • Has been thoroughly tested as a whole for a physical or •You must use those results of the mixtures are similar (the amounts of sheets (MSDSs). chemicals in the mixture may vary). You must: - Content of MSDSs must accurately represent the avail- Develop or obtain MSDSs able scientific evidence. t WAC 296-307-56025 Note: You may report results of scientifically valid studies that Provide MSDSs tend to refute findings of hazards. WAC 296-307-56030 - MSDSs must be in English. Expedited [ 26] Washington State Register, Issue 03-04 WSR 03-04-100 Note: You may develop copies of MSDSs in other languages. - Within three months after you first become aware of You must: the information • Revise an MSDS when you become aware of new and OR significant information regarding the hazards of a chemical, - Before the chemical is reintroduced into the workplace or how to protect against the hazards if the chemical is no longer being used, produced or imported. Table 8 Information Required on MSDSs • The chemical's identity as it appears on the label • The date the MSDS was prepared or updated • A contact for additional information about the hazardous chemical and appropriate emergency procedures Include all of the following: -Name -Address - Telephone number of the responsible party preparing or distributing the MSDS •The chemical's hazardous ingredients' as determined by your hazard evaluation - For a single substance chemical, include the chemical and common name(s) of the substance - For mixtures tested as a whole • Include the common name(s) of the mixture AND • List the chemical and common name(s) of ingredients that contribute to the known hazards - For mixtures NOT tested as a whole, list the chemical and common name(s) of hazardous ingredients • That make up l % or more of the mixture, by weight or volume, including carcinogens (if 0.1 % concen- tration or more, by weight or volume) - If ingredients are less than the above concentrations but may present a health risk to employees (for example, aller- gic reaction or exposure could exceed the permissible exposure limits, or PEL) they must be listed here • Exposure limits for airborne concentrations. Include ALL of the following, when they exist: - WISHA or OSHA PELs2 • The 8-hour time weighted average (TWA) • The short-term exposure limit (STEL), if available • Ceiling values, if available -Threshold limit values (TLVs) including 8-hour TWAs, STELs, and ceiling values - Other exposure limits used or recommended by the employer preparing the MSDS • Physical and chemical characteristics - For example, boiling point, vapor pressure, and odor • Fire, explosion data, and related information - For example, flashpoint, flammable and explosion limits, extinguishing media, and unusual fire or explosion haz- ards of the chemical including reactivity information - For example, incompatibilities, decomposition products, by-products, and conditions to avoid chemicals in a container. A chemical that has scientifically valid evidence to show

Hazardous Ingredients

Released into the environment, meeting the definition • They are the focus of remedial or removal action being con- of "hazardous substances" in the Comprehensive Envi- ducted under CERCLA in accordance with EPA regulations ronmental Response, Compensation and Liability Act (Title 40 of the Code of Federal Regulations (CFR)3) (CERCLA) (see U.S. Code, Title 42, Chapter 103, Sub- chapter I, section 9601 2) • Hazardous wastes • Subject to department of ecology regulations, chapter 173- 303 WAC\ that address the accumulation, handling and man- agement of hazardous waste, and describe all of the following: - Meeting the definition of "dangerous wastes" in the - Safety Hazardous Waste Management Act (see chapter 70.105 OR - As defined in the Consumer Product Safety Act - Regulations issued under these acts by the Con- (see 15 U.S.C. 2051 et seq.') sumer Product Safety Commission (see Title 16 in the Code of Federal Regulations3) AND - The Federal Hazardous Substances Act (see 15 U.S.C. 1261 et seq. 1) • Agricultural seed • Labeled as required by AND • Vegetable seed treated with pesticides - The Federal Seed Act (see Title 7 U.S.C. Chapter 37 Section 1551 et seq.') AND - Labeling requirements issued under Federal Seed Act by the United States Department of Agriculture' 'This federal act is included in the United States Code. See http://www.access.gpo.gov/uscode/uscmain.html. 2See http://www.epa.gov. 3See http://www.access.gpo.gov/nara/cfr/index.html. [ 31] Expedited WSR 03-04-100 Washington State Register, Issue 03-04 NEW SECTION - 104 psi at 130°F (54.4°C) regardless of the pressure at 70°F (21. l 0C) WAC 296-307-56050 Definitions. The following defi- OR nitions apply to this chapter: • A liquid with a vapor pressure greater than 40 psi at Article (manufactured item) A manufactured item that 100°F (37.8°C), as determined by ASTM D323-72. • Is not a fluid or particle Container AND A vessel, other than a pipe or piping system, that holds a • Is formed to a specific shape or design during manufac- hazardous chemical. Examples include: ture for a particular end use function •Bags •Barrels AND • Releases only trace amounts of a hazardous chemical •Bottles during normal use and does not pose a physical or health risk •Boxes to employees. •Cans Chemical •Cylinders •Drums • An element or mixture of elements • Reaction vessels OR •Storage tanks • A compound or mixture of compounds •Rail cars. OR Designated representative • A mixture of elements and compounds • An individual or organization with written authoriza- Included are manufactured items (such as bricks, weld- tion from an employee ing rods and sheet metal) that are not exempt as an article. OR Chemical name • A recognized or certified collective bargaining agent • The scientific designation of a chemical developed by (not necessarily authorized by an employee) the - International union of pure and applied chemistry OR • A legal representative of a deceased or legally incapac- (IUPAC) OR itated employee. Distributor - Chemical abstracts service (CAS) rules of nomencla- • ture A business that supplies hazardous chemicals to other • employers. Included are employers who conduct retail and OR • A name that clearly identifies the chemical for the pur- wholesale transactions. pose of conducting a hazard evaluation. Explosive A chemical that causes a sudden, almost instant release Combustible liquid of pressure, gas, and heat when exposed to a sudden shock, Liquids with a flashpoint of at least 100°F (37.8°C) and pressure, or high temperature. below 200°F (93.3°C). A mixture with at least 99% of its Flammable components having flashpoints of 200°F (93.3°C), or higher, A chemical in one of the following categories: is not considered a combustible liquid. • Aerosols that, when tested using a method described in Commercial account 16 CFR 1500.45, yield either a: An arrangement where a retailer is selling hazardous - Flame projection of more than eighteen inches at full chemicals to an employer valve opening • Generally in large quantities over time OR - A flashback (a flame extending back to the valve) at • At costs below regular retail price. any degree of valve opening Common name • Gases that, at the temperature and pressure of the sur- Any designation or identification used to identify a rounding area, form a: chemical other than th~ chemical name, such as a - Flammable mixture with air at a concentration of thir- • Code name or number teen percent, by volume, or less OR • Trade or brand name - Range of flammable mixtures with air wider than OR twelv~ percent, by volume, regarc!less of the lower limit • Generic name. • Liquids with a flashpoint below 100°F (37.8°C). A Compressed gas mixture with at least ninety-nine percent of its components • A contained gas or mixture of gases with an absolute having flashpoints of 100°F (37.8°C), or higher, is not con-. pressure greater than: sidered a flammable liquid • - 40 psi at 70°F (21.1°C) • Solids, other than blasting agents or explosives, as OR defined in WAC 296-52-417 or 29 CFR 1910.109( a), that: Expedited [ 32] Washington State Register, Issue 03-04 WSR 03-04-100 - Is likely to cause fire through friction, moisture, • Substances that can damage the lungs, skin, eyes, or absorption, spontaneous chemical change or retained heat mucous membranes. rom manufacturing or processing Identity • OR A chemical or common name listed on the material - That can be readily ignited (and when ignited burns so safety data sheet (MSDS) and label. vigorously and persistently that it creates a serious hazard) Importer OR The first business, within the Customs Territory of the - When tested by the method described in 16 CFR United States, that receives hazardous chemicals produced in 1500.44, ignite and burn with a self-sustained flame at a rate other countries and supplies them to manufacturers, distribu- greater than 1/ 10th of an inch per second along its major axis. tors or employers within the United States. Flashpoint Label The minimum temperature at which a liquid gives off an Written, printed, or graphic material displayed on, or ignitable concentration of vapor, when tested by any of the attached to, a container of hazardous chemicals. following measurement methods: Manufacturer • Tagliabue closed tester. Use this for liquids with a vis- An employer with a workplace where one or more chem- cosity less than 45 Saybolt Universal Seconds (SUS) at icals (including items not exempt as "articles," see Table 1 in 100°F (37.8°C), that do not contain suspended solids and do this chapter) are produced for use or distribution. not tend to form a surface film under test. See American Material safety data sheet (MSDS) National Standard Method of Test for Flashpoint by Tag Written, printed or electronic information (on paper, Closed Tester, Zl 1.24-1979 (ASTM D 56-79) microfiche, or on-screen) that informs manufacturers, distrib- •Pensky-Martens closed tester. Use this for liquids with utors or employers about the chemical, its hazards and pro- a viscosity equal to, or greater than, 45 SUS at 100°F tective measures as required by this rule. (37.8°C) or for liquids that contain suspended solids or have Mixture a tendency to form a surface film under test. See American A combination of two or more chemicals that retain their National Standard Method of Test for Flashpoint by Pensky- chemical identify after being combined. Martens Closed Tester, Zl 1.7-1979 (ASTM D 93-79) Organic peroxide • Setaflash closed tester. See American National Stan- An organic compound containing the bivalent-0-0- dard Method of Test for Flashpoint by Setaflash Closed structure. It may be considered a structural derivative of .Tester (ASTM D 3278-78) hydrogen peroxide if one or both of the hydrogen atoms has ., Organic peroxides, which undergo auto accelerating been replaced by an organic radical. thermal decomposition, are excluded from any of the flash- Oxidizer point measurement methods specified above. A chemical, other than a blasting agent or explosive as Hazardous chemical defil}ed in WAC 296-52-417 or 29 CFR 1910.109(a), that A chemical. which is a physical or health hazard. starts or promotes combustion in other materials, causing fire Hazard warning either of itself or through the release of oxygen or other gases. Words, pictures or symbols (alone or in combination) Permissible exposure limits that appear on labels (or other forms of warning such as plac- See chapter 296-62 WAC Part H, for definition of this ards or tags) that communicate specific physical and health term. hazards (including target organ effects) associated with

2.2 Label elements

RCW4) - Personnel training - And other related requirements •Solid wood • All of the following apply: OR - The material is not treated with hazardous chemicals • Wood products (for example, lumber, and paper) - The only hazard is potential flammability or combusti- bility - The product is not expected to be processed (for exam- pie, by sanding or sawing) 1 End use is dependent in whole, or in part, upon maintaining the item's original shape or design. If the item will be significantly altered from its original form, it can no longer be considered a manufactured item. 2This federal act is included in the United States Code. See http://www.access.gpo.gov/uscode/uscrnain.html. 3EPA regulations are included in the Code of Federal Regulations (CFR). See http://www.epa.gov. "This state act is included in the Revised Code of Washington (RCW). The RCW compiles all permanent Jaws of the state. See http://www.leg.wa.gov/wsladm/default.htm. 5See http://www.ecy.wa.gov. [ 21] Expedited WSR 03-04-100 Washington State Register, Issue 03-04 Use Table 2 to find out which sections of this chapter apply to you. For example, if you import AND sell hazardous chemi- cals ALL sections apply. WAC 296-307-56050 applies to all employers covered by the scope of this chapter. Table 2 Section Application If you Then the sections marked with an "X" apply 56010 - 56015 56025 56030 - 56035 56045 • Import or produce chemicals x • Sell or distribute hazardous chemicals to - Manufacturers OR - Distributors OR - Employers (includes retail or x wholesale transactions) • Choose to NOT rely on MSDSs pro- x vided by the importer, manufacturer or distributor NEW SECTION - MSDSs and labels are NOT required for chemicals that are determined to be nonhazardous WAC 296-307-56005 Hazard evaluation. • Importers and manufacturers are required to develop Your responsibility: MSDSs and labels. If you decide to develop your own To make sure the hazardous chemicals are identified. MSDSs and labels, then this chapter also applies to you. You must: Conduct complete hazard evaluations WAC 296-307-56010 (1) Describe in writing your procedures for conducting Provide access to hazard evaluation procedures hazard evaluations. WAC 296-307-56015. (2) Conduct a complete hazard evaluation for ALL chem- icals you produce or import to determine if they are hazard- NEW SECTION ous chemicals. • Identify and consider available scientific evidence of WAC 296-307-56010 Conduct complete hazard eval- . health and physical h~zards uations. •Evidence that meets the criteria in Table 3 must be used IMPORTANT: to establish a hazard • Hazard evaluation is a process where hazards of chem- • Chemicals identified in a Table 4 source must be icals are identified by reviewing available research or testing regarded as hazardous information. You are not required to perform your own lab- • The scope of health hazards considered must include oratory research or testing to meet the requirements of this the categories in Tables 5 and 6 section - Information from hazard evaluations is used to com- • If the chemical is a mixture, follow the additional crite- plete material safety data sheets (MSDSs) and labels ria in Table 7 - MSDSs from your suppliers may be used to complete • If you find evidence that meets the criteria in Table 3, the hazard evaluation for chemicals you produce use it in your hazard evaluation. Table 3 Criteria for Hazard Evidence

SECTION 2: Hazards identification

Criteria

Principle Routes of Exposure

For example, inhalation, ingestion, and skin absorption or other contact3

Potential health effects

or hazards) associated with • Short-term exposure4 AND • Long-term exposure4 [ 27] Expedited WSR 03-04-100 Washington State Register, Issue 03-04 Table 8 Information Required on MSDSs - Whether the chemical is listed or described as a carcinogen or potential carcinogen in the latest editions of each of the following: • The National Toxicology Program (NTP) Annual Report on Carcinogens OR • The International Agency for Research on Cancer (IARC) Monographs as a potential carcinogen OR • WISHA or OSHA rules - Signs and symptoms of exposure' - Medical conditions generally recognized as being aggravated by exposure • Emergency and first-aid procedures • Generally applicable precautions for safe handling and use known to the employer preparing the MSDS - For example, appropriate procedures for clean-up of spills and leaks, waste disposal method, precautions during handling and storing • Generally applicable and appropriate control measures known to the employer preparing the MSDS, including ALL of the fol- lowing: - Engineering controls (for example, general or local exhaust ventilation) - Work practices - Personal protective equipment (PPE) - Personal hygiene practices - Protective measures during repair and maintenance of contaminated equipment The identities of some chemicals may be protected as trade secret information (see chapter 296-62 WAC, Part B-1, Trade secrets). 2WISHA PEL categories are defined, and values are provided, in chapter 296-62 WAC, Part H. 3 A "skin notation" listed with either an ACGIH TLV or WISHA/OSHA PEL indicates that skin absorption is a primary route of exposure. 4Examples of: •Short-term health effects (or hazards) include eye irritation, skin damage caused by contact with corrosives, narcosis, sensitization, and lethal dose. •Long-term health effects (or hazards) include cancer, liver degeneration, and silicosis. 5Signs and symptoms of exposure to hazardous substances include those that: • Can be measured such as decreased pulmonary function AND • Are subjective such as feeling short of breath. NEW SECTION - Whenever one is requested. Note: • MSDSs may be provided separately from containers as WAC 296-307-56030 Provide MSDSs for products long as they are provided before or at the same time as the shipped, transferred or sold over-the-counter. containers. For example, you may fax, or e-mail the MSDS You must: • You are NOT required to provide MSDSs to retailers who inform you they • Provide the correct MSDS to manufacturers, distribu- - Do not sell the product to commercial accounts tors and employers: AND - With the initial shipment or transfer of the product - Do not open the sealed product containers for use in their workplace. AND - With the first shipment or transfer after an MSDS is You must: Updated: •Follow the requirements in Table 9 for chemicals sold .AND over-the-counter. Table 9 Requirements for Chemicals Sold Over-the-Counter (NOT Shipped) If you are a Then • Retail distributor WITH commercial accounts • Provide an MSDS to employers with commercial accounts when requested AND • Post a sign, or otherwise inform employers, that MSDSs are available Expedited [ 28] Washington State Register, Issue 03-04 WSR 03-04-100 Table 9 Requirements for Chemicals Sold Over-the-Counter (NOT Shipped) If you are a Then • Retail distributor WITHOUT commercial accounts •Provide the employer, when requested, with ALL of the fol- lowing: -Name -Address - Telephone number of the chemical manufacturer, importer, or distributor who can provide an MSDS • Wholesale distributor selling products over-the-counter to • Provide an MSDS to employers with commercial accounts employers when requested AND • Post a sign, or otherwise inform employers, that MSDSs are available NEW SECTION - Revise labels within three months of becoming aware WAC 296-307-56035 Follow-up if an MSDS is not of new and significant information about chemical provided. -Provide revised labels on containers beginning with the You must: first shipment after a revision, to manufacturers, distributors or employers • Obtain an MSDS from the chemical manufacturer, dis- - Revise the label when a chemical is not currently used, tributor or importer as soon as possible, if an MSDS is not produced or imported, before: provided for a shipment labeled as a hazardous chemical. • You resume shipping (or transferring) the chemical OR NEW SECTION • The chemical is reintroduced in the workplace - Label information WAC 296-307-56040 Labeling. •Clearly written in English Your responsibility: AND To provide employers with containers of hazardous •Prominently displayed on the container. chemicals that are properly labeled. Reference: Additional labeling requirements for specific hazardous chemicals (for example, asbestos, cadmium, and formal- NEW SECTION dehyde) are found in chapter 296-62 WAC, General occupational health standards (see parts F, G, I and 1-1 of that chapter). WAC 296-307-56045 Label containers of hazardous Note: When the conditions specified in Table I 0 are met for the chemicals. solid material products listed, you are not required to Exemption: provide labels for every shipment. Containers are exempt from this section if ALL haz- ardous contents are listed in Table 11. You must: • Make sure every container of hazardous chemicals leaving the workplace is properly labeled. This includes ALL of the following: - The identity of the hazardous chemical (the chemical or common name) that matches the identity used on the MSDS - An appropriate hazard warning - The name and address of the chemical manufacturer, importer, or other responsible party - Make sure labeling does not conflict with the require- ments of: • The Hazardous Materials Transportation Act ( 49 U.S.C. 1801 et seq.) AND • • Regulations issued under the act by the U.S. Depart- • ment of Transportation (Title 49 of the Code of Federal Reg- ulations, Parts 171 through 180). See http://www.dot.gov [ 29 J Expedited WSR 03-04-100 ~ashington State Register, Issue 03-04 Table 10 Labeling for Solid Materials You need only send labels with the first shipment, IF the And product is Whole grain • It is shipped to the same customer Solid untreated wood AND • No hazardous chemicals are part of or known to be present Solid metal with the product which could expose employees during han- For example: Steel beams, metal castings dling Plastic items - For example, cutting fluids on solid metal, and pesti- cides with grain Exemptions: The chemicals (and items) listed in Table 11 are EXEMYf from TlllS SECTION under the conditions specified. Requirements in other sec- tions still apply. Table 11 Conditional Label Exemptions This section does not apply to When the product is • Pesticides •Subject to - Meeting the definition of "pesticides" in the Fed- - Labeling requirements of FIFRA 1 era! Insecticide, Fungicide, and Rodenticide Act (FIFRA) (see Title 7, U.S.C. Chapter 6, Subchapter II, section 1361) AND - Labeling regulations issued under FIFRA by the United States Environmental Protection Agency (EPA) (see Title 40 of the Code of Federal Regulations2) • A chemical substance or mixture •Subject to - Meeting the definition of "chemical substance" or - Labeling requirements of TSCA1 "mixture" in the Toxic Substance Control Act (TSCA) (see Title 15 U.S.C. Chapter 53, Subchapter II, Section 26021) AND - Labeling requirements issued under TSCA by the EPA (see Title 40 of the Code of Federal Regulations2) • Each of the following • Subject to: -Food - Labeling requirements in Federal Food, Drug, and - Food additives Cosmetic Act, Virus-Serum Toxin Act of 1913, and - Color additives issued regulations enforced by the United States Food -Drugs and Drug Administration (see Title 21Parts101-180 -Cosmetics in the Code of Federal Regulations3) - Medical devices or products OR - Veterinary devices or products - Materials intended for use in these products (for - Department of Agriculture (see Title 9, in the Code example: Flavors, and fragrances) of Federal Regulations3) • As defined in - The Federal Food, Drug, and Cosmetic Act (see Title 21 U.S.C. Chapter 9, Subchapter II, Section 321 1) Expedited [ 301 Washington State Register, Issue 03-04 WSR 03-04-100 Table 11 Conditional Label Exemptions This section does not apply to When the product is OR -The Virus-Serum Toxin Act of 1913 (see Title 21 U.S.C. Chapter 5, Section 151 et seq.') OR - Regulations issued under these acts (see Title 21 Part 101 in the Code of Federal Regulations, and Title 9, in the Code of Federal Regulations3) • Each of the following: • Subject to: - Distilled spirits (beverage alcohols) :.... Labeling requirements of Federal Alcohol Admin- istration Act' AND -Wine - Labeling regulations issued under Federal Alcohol Administration Act by the Bureau of Alcohol, Tobacco, and Firearms (see Title 27 in the Code of Federal _Regulations3) AND ... - Malt beverage • As defined in - The Federal Alcohol Administration Act (see Title 27 U.S.C. Section 201 1) AND - Regulations issued under this act (see Title 27 in the Code of Federal Regulations3) • Consumer products : Subject to: AND ....:. A consumer product safety or labeling requirement of the Consumer Product Safety Act or Federal Haz- ardous Substances Act'

Storage

medical aRd trauma services, which iRcludes: De·,.elopiAg, (iii) Disease carryiRg iAsects aAd rodeftts; e¥aluatiRg, aRd moRitoriAg traiAiAg progFams; liceRsiRg aRd (iv) Disposal of selid aRd liq1:1id wastes; iRspectioR; aRd techRical assistaAce foF a compreheRsi;•e ('+') Food service saRitatioA; statewide iAtegrated emergeRcy medical S)'Stem; aRd (vi) OR site sewage disposal; (¥) Reg1:1lates cliAical laeoratm·y testiAg sites aAd pFac (Yii) P1:1elic driAkiRg water systems; tiees-, (viii) loftiziAg radiatioa; The assistaRt secretar)' for comffi1 1Rit)' aAd faffi ily (ix) Schools, campgro1:1Rds, aRd parks; health is respoAsiele for assessiRg the health stat1:1s of Wash (x) Tmlic s11bstaF1ce expos11re; aAd iRgtoR state citizeAs regardiAg disease, iRj1:1ry, aad autritioa; (xi) Water recreatioR facilities. de¥elopiRg policy eased OR those assessmeRts that will pre (e) The assistaRt secretaf)' for p1:1blic health laboratories veRt disease, premat1:1re death aAd disability, aad will pro o¥ersees laboratories that aid iA the diagAosis, treatmeAt, aRd mote health lifestyles aRd eAviroAmeRts; aRd ass1:1riRg access pre·1eF1tiOR of vario11s diseases by: to q1:1alit)' services coasisteat vlith appro¥ed policy iA the fol (i) TestiRg aAd aAalyziftg cliAical aAd ea¥iroAmeRtal lowiAg areas: specimeAs aRd samples iAcl1:1diAg food, food prod11cts, shell (i) CoffipreheAsive plaaAiRg for health services foF chil fish, driAkiAg water, aAd seav1ateF; dFefl aad adolesceRts aRd theiF faffiilies aRd primaFy caretak (ii) TestiRg to detect ceFtaiA treatable metabolic disor ers, iAcl1 1diRg pareRtiRg ed1 1catioA, A1 1tritioft coRs1 1ltatioR, ders iA Aeweorns; • e~al ~ealth prograffis, teeA pregRaRcy pre¥eAtioA aRd iffim1:1 (iii) TestiRg for radioactivity ift materials, miAe tailiAgs, .fl!ZatlORS; aAd ores; aAd ii) A coAtiF11 11 1m of ser¥ices desigAed for iAfaAts or chil (i'+') PerformiAg iAorgaRic aRd orgaAic chemical aRalyses dreR with, or at Fisk for, special health caFe Reeds aAd theiF Oft driAkiAg water, aAd other eA¥iroF1meF1tal samples s1:1ch as families; soil, paiat chips, ceramics aRd potteries, beverages, food, aRd (iii) High q1:1ality low cost, compFeheasi¥e famil)' plaA ethers.,. RiAg aAd reprod1:1ctiYe health caFe sen•ices; (f) The assistaRt secretary for maAagemeftt ser¥ices pro (iY) Health aAd s1:1pport seF¥ices foF pFegAaAt womeA, vides admiAistrative, fiAaRcial, coRtractiftg, facility iRfoFHla lactatiAg aAd otheF post paFt1:1m womeR, aad iafaats; tioA processiRg, aAd h1 1maA reso1 1rce services to the depart 't') S1 1pplemeRtal foods, R1 1tritioR ed1 1cati0A, aRd Feferral meRt's operatiAg programs. for health services for eligible pregRaflt womea, lactatiag aad (3)(a) Each assistaAt secretary is hereby delegated other pest part1:1m woffieA, aAd iAfaAts aAd childreR at risk; a1:1th0Fity to admiAister the prngrams withiA their respectiYe (Yi) Prograffis to coAtrol the complicatioAs of diabetes areas of respoAsibilit)', iAcludiAg, with01:1t limitatioR, the aAd to ideRtify aAd deYelop iAteF¥eAtioas for the pre¥eAtioa a1 1th0Fit)' to sigA doe1 1meAts oa behalf of the secretary aRd the of death aRd disaeilit)' from iRteAtioaal aad 1miAteAtioAal depaFtmeAt. Each assistaAt secretary is a11thorized to fl:lrther ~ delegate his OF her a11thority to s1:1ch peFsoAs aRd ift s11ch maA ¥ii) P1 1blic ed11catioA aRd marketiag caAl paigas OR a Her as deemed Aecessary or appFopriate iA the maAagemeRt of spectr1:1ffi of health Felated topics; prograffis which develop the depaFtmeAt's 01:1siAess. aRd s1 1ppl)' health aRd safety ed1 1cati0Aal materials to schools, (b) IA the abseAce of the secretary, the follo•NiRg are local health, aRd eomm1:1F1ity ageAcies; authoFized to act Oft behalf of the departmeAt: (viii) S1:1rveillaRce aAd sen·ices desigAed to Fed11ce death (i) The dep11ty secretary; aAd aisease related to CaflCeF, heaFt disease aHB StfOke by pro (ii) IA the abseAce of the deputy secFetary, the state vidiRg p11elic ed1:1catioF1/awareaess programs, screeRiAg health officer; projects, professioAal ed1:1cati0A, aad deYelopmeAt of coffi (iii) IR the aeseAce of the state health officer, the assis m1:1Aity coalitioas; taAt secretary for maAagemeAt services; (ix) S11rYeillaF1ce aAd services that iAterr1:1pt the traAsmis (iv) IA the abseAce of all ef the foregoiAg, aay assistaRt sioA of h11maA iffim1 1F10deficieRcy ¥ir1 1s (HIV) aAd other sex secFetary. .11ally traAsmitted diseases (STD), aAd red11ce associated mer (c) AAy persoR desigRated as "actiag" iA a positioA .eidity aAd mortality by plaAAiRg, as well as s11pportiRg the descFibed iA this sectioA shall have the same a1:1thority while iRdivid1 1al rights aAd h1 1maA digRity of those iafected aRd so desigaated as if she or he had eeeA appoiated to fill the those coAsidered at risk; aAd positioA OR a peFmaReAt basis.)) (1) DOH exists to protect [37 I Expedited WSR 03-04-105 Washington State Register, Issue 03-04 and improve the health of the people of Washington. The WAC 246-01-100 Current address. department shares this mission with three primary partners: (a) Professional boards. commissions. and committees. which have varying degrees of statutory authority. ranging from advisory powers to rule adoptions and disciplinary pow- ~ (b) The state board of health which has statutory author- ity to adopt rules to protect the public health. and may dele- gate this authority to the secretary and rescind the delegated authority; and (c) Local health jurisdictions throughout the state. (2) DOH is organized into five administrative divisions plus the secretary's office and information resource manage- ment offices: (a) Community and family health; (b) Environmental health; (c) Epidemiology. health statistics and public health lab- oratories; (d) Health systems quality assurance; and (e) Management services. (3) DOH maintains offices in Kent. Olympia. Tumwater. Richland, Shoreline and Spokane. These offices are not com- plete service locations and are not required to keep complete policy manuals and other records available for public inspec- tion. AMENDATORY SECTION (Amending Order 346, filed 3/24/93, effective 4/24/93) WAC 246-01-090 Consumer assistance. (1) The department provides a consumer assistance statewide toll- free hotline. Consumer assistance personnel assist the public with information, concerns, or complaints about the depart- ment and serve as advocates for consumers who are com- plainants or witnesses in a licensing or disciplinary proceed- ing. The health consumer assistance line is 1-800-525-0127; its mailing address is P.O. Box ((4+89+)) 47890, Olympia, WA 98504-((+&9+))7890. ((The p1 1blie may sefld s1 1bmissiofls or writtefl req1 1ests for iHformatioH eoF1eeFHiHg the eo1 1Fse aHd method of the departmeflt's operntiofl to R1 1les CooFdiflator, Maflage meflt Serviees, 1300 S.E. Q1:1iflee Street, P.O. Bolt 47902, Olympia, WA 98504 7902.)) Individuals may contact the department to obtain or submit information. or make requests Qy;_ (a) Writing to the department at Department of Health, P.O. Box 47890. Olympia, WA 98504-7890; or (b) Visiting the department's website at: http://doh.wa. REPEALER The following sections of the Washington Administra- tive Code are repealed: WAC 246-01-040 Department and professional boards-Relationship. WAC 246-01-070 Department and health pro- fessions resource commit- tee-Relationship. Expedited [ 38] Washington State Register, Issue 03-04 WSR 03-04-001 Common Name Scientific Name PERMANENT RULES NOXIOUS WEED clary, meadow Salvia pratensis CONTROL BOARD cordgrass, dense flower Spartina densiflora [Filed January 22, 2003, 4:07 p.m.] cordgrass, salt meadow Spartina patens Date of Adoption: January 22, 2003. crupina, common Crupina vulgaris Purpose: The state Noxious Weed Control Board is flax, spurge Thymelaea passerina adopting its annual amendment to the state noxious weed list four o'clock, wild Mirabilis nyctaginea (chapter 16-750 WAC, State noxious weed list and schedule of monetary penalties) adding two species to the A list, mov- goatsrue Galega officinalis ing one species from the A list to the B list, adding one spe- hawkweed, yellow devil Hieracium floribundum cies to the B list, changing the designation area of two B list hogweed, giant Heracleum mantegazzianum weeds (Japanese knotweed and the meadow knapweed com- plex) and adding two plants to the C list. hydrilla Hydrilla verticillata Citation of Existing Rules Affected by this Order: johnsongrass Sorghum halepense Amending WAC 16-750-005, 16-750-011, and 16-750-015. knapweed, bighead Centaurea macrocephala Statutory Authority for Adoption: Chapters 17 .10 and knapweed, Vochin Centaurea nigrescens 34.05 RCW. Adopted under notice filed as WSR 02-21-084 on Octo- kudzu Pueraria montana var. lobata ber 18, 2002. lawn weed Soliva sessilis Changes Other than Editing from Proposed to Adopted mustard, garlic Alliaria petiolata Version: Adopted version does not include proposed addi- nightshade, silverleaf Solanum elaeagnifolium tion of common groundsel to the Class C noxious weed list. After testimony at the hearing, there was not a consensus, and sage, clary Salvia sclarea the board voted not to proceed with that proposed listing. sage, Mediterranean Salvia aethiopis Number of Sections Adopted in Order to Comply with ((salteedar Tamarix ramosissima)) Federal Statute: New 0, Amended 0, Repealed O; Federal spurge, eggleaf Euphorbia oblongata Rules or Standards: New 0, Amended 0, Repealed O; or • Recently Enacted State Statutes: New 0, Amended 0, starthistle, purple Centaurea calcitrapa • Repealed 0. thistle, Italian Carduus pycnocephalus Number of Sections Adopted at Request of a Nongov- thistle, milk Silybum marianum ernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's Own Ini- thistle, slenderflower Carduustenuiflorus tiative: New 0, Amended 3, Repealed 0. velvetleaf Abutilon theophrasti Number of Sections Adopted in Order to Clarify, woad, dyers lsatis tinctoria Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted Using Negotiated Rule AMENDATORY SECTION (Amending WSR 01-24-035, Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- filed 11/28/01, effective 12/29/01) ing: New 0, Amended 0, Repealed O; or Other Alternative WAC 16-750-011 State noxious weed list-Class B Rule Making: New 0, Amended 3, Repealed 0. noxious weeds. Effective Date of Rule: Thirty-one days after filing. Name Will be a "Class B designate" in all January 22, 2003 lands lying within: RayH. Fann (I) blackgrass (a) regions 1, 2, 3, 5, 6, 8, 9, 10 Chairman Alopecurus myosuroides AMENDATORY SECTION (Amending WSR 99-24-029, (b) Ferry, Stevens, Pend Oreille filed 11123/99, effective 1/3/00) counties of region 4 (c) Adams County of region 7. WAC 16-750-005 State noxious weed list-Class A (2) blueweed (a) regions 1, 2, 3, 4, 5, 6, 8, 9, 10 noxious weeds. Echium vulgare (b) region 7 except for an area Common Name Scientific Name starting at the Stevens County bean-caper, Syrian Zygophyllum fabago line on SR 291 south to the SR 291 bridge over the Little Spo- • blueweed, Texas Helianthus ciliaris kane River, thence upstream • broom, Spanish Spartium junceum along the Little Spokane River to the first Rutter Parkway buffalo bur Solanum rostratum Bridge; thence south along the [I ] Permanent WSR 03-04-001 Washington State Register, Issue 03-04 Name Will be a "Class B designate" in all Name Will be a "Class B designate" in all lands lying within: Rutter Parkway to the intersec- (d) an area beginning at the Wash- tion of Rutter Parkway and ington-Oregon border at the t Indian Trail Road; thence southwest portion of section 5, southerly along Indian Trail R32E, T6N, then north to the Road to a point three miles northwest comer of section 3, south (on section line between R32E, TIN, then east to the sections 22 and 27, T-26N, R- northeast comer of section 3, 42E); thence due west to a R36E, TIN, then south to point intersecting the line southeast portion of section between Ranges 41 and 42; 15, R36E, T6N, at the Wash- thence north along this line to ington-Oregon border, then a point 1/4 mile south of west along the Washington- Charles Road; thence north- Oregon border to the point of westerly parallel to Charles beginning. Road to a point 1/4 miles south (8) carrot, wild (a) regions 3, 7 (except where of the intersection of Charles Daucus carota intentionally cultivated) Road and West Shore Road; (b) Spokane and Ferry counties of thence northerly along West region 4 (except where inten- Shore Road to the Spokane tionally cultivated) River (Long Lake); thence (c) region 6, except Yakima southeasterly along the Spo- County (except where inten- kane River to the point of tionally cultivated) beginning. (d) region 9, except Yakima (3) broom, Scotch (a) regions 3, 4, 6, 7, 9, 10. County (except where inten- Cytisus scoparius tionally cultivated) (4) bryony, white (a) regions 1, 2, 3, 4, 5, 6, 8, 9 (e) region 10, except Walla Walla Bryo11ia alba County (except where inten- (b) region 7 except Whitman tionally cultivated. County Anchusa ofjici11alis (9) catsear, common (a) regions 3, 4, 6, 7, 10 (b) region 9 except Klickitat t (c) Franklin County of region 10. Hypochaeris (5) bugloss, common (a) regions I, 2, 3, 5, 6, 8, 9, 10 radicata (b) region 4 except Stevens and County. Spokane counties (I 0) chervil, wi Id (a) regions I, 3, 4, 6, 7, 9, 10 (c) Lincoln, Adams, and Whitman An th rise us counties of region 7. sylvestris (6) bugloss, annual (a) regions I, 2, 3, 4, 5, 6, 8, 9 (b) region 5 except those portions Anchusa arvensis of Thurston County within Lincoln and Adams counties TIS, 16, 17N, R2, 3, 4W (b) (c) Whitman County except (c) region 2 except Guemes Island ranges 43 through 46 East of in Skagit County Townships 16 through 20 (d) region 8 except Clark County. North. ( 11) cinquefoil, sulfur (a) regions 1, 3, 8, I 0 (7) camelthom (a) regions I, 2, 3, 4, 5, 7, 8, 9 Potemilla recta Alhagi maurorum (b) region 2 except Skagit County (b) region 6 except those portions (c) region 4 except Stevens, Ferry, of Sections 23, 24, 25, and 29 and Pend Oreille counties through 36, Tl6N, R27E, (d) region 5 except Thurston W.M. lying outside Inter- County county Weed District No. 52 (e) region 6 except Yakima and except Sections 1 through County 12, TISN, R27E, W.M. in Grant County and except the (f) region 7 except Spokane area west of Highway 17 and County north of Highway 26 in Adams (g) region 8 except Lewis County County (h) region 9 except Klickitat (c) Franklin, Columbia, Garfield, County. and Asotin counties of region (12) cordgrass, smooth (a) regions I, 3, 4, 5, 6, 7, 9, 10 t 10 Spartina altemiflora Permanent [ 2] Washington State Register, Issue 03-04 WSR 03-04-001 Name Will be a "Class B designate" in all Name Will be a "Class B designate" in all t lands lying within: (b) region 2 except Padilla Bay of (21) hawkweed, orange (a) regions 3, 6, 9, 10 Skagit County Hieracium (c) region 8 except bays and estu- auralltiacum aries of Pacific County. (b) Clallam County of region 1 (13) cordgrass, common (a) regions I, 3, 4, 5, 6, 7, 8, 9, IO (c) Skagit County of region 2 Sparti11a a11glica (d) Ferry County of region 4 (b) region 2 except bays and estu- (e) Thurston and King counties of aries of Skagit and Island region 5 counties and except bays and (f) Lincoln and Adams counties estuaries north of Everett in ofregion 7 Snohomish County. (g) Lewis County of region 8. (14) daisy, oxeye (a) regions 7, 10 (22) hawkweed, polar (a) regions I, 2, 3, 4, 6, 7, 8, 9, IO Leuca11themum Hieracium atratum vulgare (b) region 5 outside the bound- (b) region 9 except those areas aries of Mt. Rainier National lying within Klickitat and Park. Yakima counties west of Range 13 East (23) hawkweed, smooth (a) regions 1, 3, 4, 5, 6, 7, 8, 9, 10 Hieracium laevigatum (c) region 6 except those areas lying within Yakima and Kitti- (b) San Juan, Island, and Skagit tas counties west of Range 13 counties of region 2. E. (24) hawkweed, yellow (a) regions I, 2, 3, 5, 6, 7, 8, IO (15) elodea, Brazilian (a) regions 3, 4, 6, 7, 9, 10 Hieracium Egeria de11sa caespitosum (b) Lewis County of region 8 (b) region 4 except north ofT32N (c) Clallam County of region 1. in Pend Oreille County and east Highway 395 and north of (16) fan wort (a) regions I, 2, 3, 4, 5, 6, 7, 9, IO Highway 20 in Stevens Cabomba caro/i11ia11a t (17) fieldcress, Austrian County (a) regions I, 2, 3, 4, 5, 6, 8, 9 lions 4, 5, 6, and 7 ofT5N, (b) region 8 except T8N, R3W of (c) region 9 except sections 32, 33 Cowlitz County. and 34 of T6N, R 12E, and sec- Rorippa austriaca Rl2E, and section 12 ofT5N, (b) regions 7 and I 0 except within R 11 E, of Klickitat County. the Palouse River Canyon (25) hedgeparsley (a) regions I, 2, 3, 4, 5, 6, 7, 8, IO from Big Palouse Falls to the Tori/is arve11Sis Snake River. (b) Yakima, Benton, Franklin (18) floating heart, yellow (a) regions I, 2, 3, 5, 6, 7, 8, 9, 10 counties Nymphoides peltata (c) Klickitat County except those (b) region 4 except the Spokane lands lying within T4N, RI OE, River between Long Lake RllE, R12E, R13E, R14E; Dam and Nine Mile Dam. T3N, RIOE, RllE, R12E, (19) gorse (a) regions 3, 4, 6, 7, 9, 10 RI3E; T2N, R12E, RI3E. Ulex europaeus (26) helmet, policeman's (a) regions I, 3, 4, 6, 7, 8, 9, 10 (b) Skagit and Whatcom counties Impatiens gla11dulifera of region 2 (b) region 2 except Whatcom (c) Thurston, Pierce, and King County counties of region 5 (c) region 5 except Pierce and (d) Wahkiakum, Cowlitz, and Thurston counties. Lewis counties of region 8 (27) herb-Robert (a} regions 3, 4, 6, 7, 9, 10 (e) Clallam County of region 1. Geranium (20) hawkweed, mouseear (a) regions I, 2, 3, 4, 6, 7, 8, 9, 10 robertianum Hieracium pilose//a (28) houndstongue (a) Kittitas County of region 6. (b) region 5 except Thurston Cy11og/ossum officinale County (29) indigobush (a) regions I, 2, 3, 4, 5, 6 (c) Thurston County lying within Amorpha fruticosa T17N, RIW, S31; T16N, (b) regions 7 and I 0 except within R2W, S30 Wl/2; T16N, R3W, 200 feet of the Snake River S25, SEl/4; T16N, R3W, S36, from Central Ferry down- Nl/2; T16N, R2W, S31, stream NWl/4. (3) Permanent WSR 03-04-001 Washington State Register, Issue 03-04 Name Will be a "Class B designate" in all Name Will be a "Class B designate" in all lands lying within: bia River. nigra lands lying within: 4 (c) regions 8, 9, and IO.except (33) knapweed, meadow (a) regions 1,2,3,4,((~))7,9, 10· within 200 feet of the Col um- Centaureajacea x (30) knapweed, black (a) regions 1, 2, 3. 4, ((~)) 7, 9, 10 (b) region 5 exce11t that area below Celltaurea nigra the ordinan'. highwater mark (b) region 5 exce11t that area below of the Nisgually River, begin- the ordinaQ'. highwater mark ning at Alder Dam and down- of the Nisgually River, begin- stream to the mouth of the ning at Alder Dam and down- Nisgually River in Pierce and stream to the mouth of the Thurston counties Nisgually River in Pierce and .(£} region 6 except Kittitas Thurston counties County .(£} region 6 except Kittitas ((~)) region 8 except Clark County. County @ ((~)) region 8 except Clark County. (34) knapweed, Russian (a) regions I, 2, 5, 7, 8 @ Acroptilon repens (31) knapweed, brown (a) regions 1, 2, 3, 4, ((~)) 7, 9, IO (b) region 4 except that area lying Centaurea jacea within the boundaries of the (b) region 5 exce11t that area below Colville Indian Reservation the ordinaa highwater mark within Ferry County of the Nisgually River, begin- (c) Adams County of region 6 ning at Alder Dam and down- except for the area west of stream to the mouth of the Highway 17 and North of Nisgually River in Pierce and Highway 26 Thurston counties (d) lntercounty Weed District No. .(£} region 6 except Kittitas 52 County (e) region 10 except Franklin ((~)) region 8 except Clark County. County. @ (35) knapweed, spotted (a) regions I, 2, 3, 5, 6, 8, 9 (32) knapweed, diffuse (a) regions I, 2, 5, 8 Centaurea Celltaurea dif.fusa biebersteinii 41 (b) Grant County lying in Town- (b) Ferry County of region 4 ships 13 through 16 North, (c) Adams and Whitman counties Ranges 25 through 27 East; of region 7 Townships 17 and 18 N., (d) region 10 except Garfield Ranges 25 through 30 East; County. Townships 19 and 20 North, Ranges 29 and 30 East; T21 N, (36) knotweed, giant (a) Kittitas County of region 6. R23E, Sections 1 through 30; Polygonum sachalinense T21N, R26E., Sections 5, 6, 7, 8, 17, and 18; East 1/2 Town- (37) knotweed, Himalayan .(.!!} Kittitas County of region 6 . ship 21N, Range 27E.; T21N, Polygonum Ranges 28 through 30 E; those polystachyum portions of Townships 22 ((~))ill} knotweed, Japanese (a) Kittitas County of region 6 through 28N, Ranges 28 Polygonum cuspidatum through 30 E.; those portions ill Chelan County of regions 3 of Township 22 through 28N., and6 Ranges 23 through JOE. lying Pend Oreille County of region .(£} in Grant County; all W.M. 1. (c) Adams County except those ((~)) Q2} kochia (a) Clallam County of region 1 areas within T15N, R36E, Kochia scoparia Section 36; T15N, R37E, Sec- tions 22, 26, 27, 28, 31, 32, 33 (b) Skagit and Whatcom counties and 34; T15N, R37E, western of region 2 half of Sections 23, 24 and 25; (c) Pend Oreille County of region Tl5N, R38E, Sections 2, 10, 4 11, 14, 15, 19 and 20; T16N, (d) King County of region 5 R38E, Sections 34 and 35; (e) Kittitas County of region 6. T17N, R37E, Sections 5 and 6 ((B9))) .(1Q} lepyrodiclis (a) regions I, 2, 3, 4, 5, 6, 8, 9, 10 41 (d) Franklin County of regions 9 Lepyrodiclis and 10. holosteoides Permanent [ 4] Washington State Register, Issue 03-04 WSR 03-04-001 Name Will be a "Class B designate" in all Name Will be a "Class B designate" in all lands lying within: (b) region 7 except an area within ((~)) .(.41} loosestrife, wand (a) regions 1, 4, 7, 8 Whitman County east of the Lythrum virgatum Pullman-Wawawai Road (b) region 2 except Snohomish from Wawawai to Pullman and County south of State Highway 270 (c) region 3 except within 100 feet from Pullman to Moscow, of the ordinary high water Idaho. mark of the Okanogan River ((~)) ~ loosestrife, garden (a) regions I, 2, 3, 4, 6, 7, 8, 9, 10 from the Canadian border Lysimachia vulgaris south to Riverside (b) region 5 except King County (d) region 5 except King County (c) Those portions of King (e) Those portions of King County lying north of 1-90 and County lying north of I-90 and east of the line extending from SR522 to SR202 to E. Lake Sammamish Parkway; west of 1-5 including Vashon Island; I-5 including Vashon Island; south of I-90 and east and south of I-405 to the county south of 1-405 to the county line. line (((4B)) ® loosestrife, purple (a) regions I, 4, 7, 8 (f) region 6 except that_portion of Lythrum salicaria Grant County lying northerly (b) region 2 except Snohomish of the Frenchmen Hills-O'Sul- County livan Dam Road, southerly of (c) region 3 except within 100 feet Highway Interstate 90, east- of the ordinary highwater erly of the section line of the mark of the Okanogan River location of County Road J from the Canadian border SW /NW if constructed and south to Riverside westerly of the section line of the location of County Road H (d) Grays Harbor, Mason, Kitsap, SEINE if constructed and Thurston counties of region 5 (g) region 9 except Benton County (e) Those portions of King County lying north of I-90 and (h) region 10 except Walla Walla east of the line extending from County SR522 to SR202 to E. Lake (i) Intercounty Weed Districts Sammamish Parkway; west of No. 51 and No. 52. I-5 including Vashon Island; ((f4J1)) .(ffi nutsedge, yellow (a) regions 1, 2, 3, 4, 5, 7, 8 south of I-90 and east and Cyperus escule11tus south of I-405 to the county (b) region 6 except those areas line lying between State Highway (f) Pierce County, except those 26 and State Highway 28, and areas lying within T2D, 21, westerly of Dodson Road in 22N, RlW and RlE, all sec- Grant County, and except S tions 112, Sec. 2, T20N, R25E., (g) region 6 except that portion of W.M. Grant County lying northerly ( c) region 9 except: of the Frenchmen Hills-O'Sul- (i) except those areas lying within livan Dam Road, southerly of the following boundary Highway Interstate 90, east- description within Yakima erly of the section line of the County: Beginning at the location of County Road J intersection of Highway 12 SW /NW if constructed and and Parker Heights Road and westerly of the section line of continuing easterly to Kon- the location of County Road H nowac Pass Road follow said SEINE if constructed road north to the intersection (h) region 9 except Benton of Konnowac Pass Road and County Nightingale Road. The north- (i) region IO except Walla Walla ern boundary shall be the Roza County Canal, continuing from the (j) Intercounty Weed Districts established point at Nightin- No. 51 and No. 52. gale Road. The boundaries will follow the Roza Canal [5] Permanent WSR 03-04-001 Washington State Register, Issue 03-04 Name Will be a "Class B designate" in all Name Will be a "Class B designate" in all lands lying within: easterly to the County Line (b) region 5, that portion of Pierce Road. The east boundaries will County lying south or east of a ~ be the Yakima/Benton County boundary beginning at the Line from a point beginning at White River and State High- the County Line and Highway way 410, then west along State 22 (near Byron) continuing Highway 410 to intersection westerly along Highway 22 (to with State Highway 162 (Ort- near the city of Mabton) to the ing) to intersection with intersection of Highway 22 Orville Road, then south along and the Reservation Boundary Orville Road to intersection (Division Road) and continu- with Kapowsin Highway ing north to the Yakima River. (304th Street East), then west Then it will follow the river following Kapowsin Highway northwest to the Wapato- to intersection with State Donald Road continuing north Route 7, then south along State along said road to Highway 12 Route 7 to intersection with then Highway 12 to Parker State Route 702, then west Heights Road. along State Route 702 to inter- (ii) an area lying southerly of State section with State Route 507, Route 14 and within T2N, then southwest along State Ranges 13 and 14 E of Klicki- Route 507 to intersection with tat County the Nisqually River. (d) region 10 except Walla Walla (51) Saltcedar ffil regions 1, 2, 3, 4, 5, 8 County. Tamarix ramosissima ((t441)) ~ox tongue, hawkweed (a) regions I, 2, 3, 4, 5, 6, 7, 9, IO f!ll region 6 exceQt Grant Count:i: Picris hieracioides .(.£} region 7 exceQt Adams Count:i: (b) region 8 except Skamania .@ region 9 exceQt Benton and County. Franklin counties ((AA)) 00 parrotfeather (a) regions I, 2, 3, 4, 5, 6, 7, 9, IO (!tl region IO exceQt Franklin Myriophyllum Count:i:. aquatic um ((~)) ~ sandbur, Iongspine (a) regions I, 2, 3, 4, 5, 7, 8 (b) region 8 except Clark, Cowl- Ce11chrus Lo11gispi11us 4 itz, and Wahkiakum counties. (b) Adams County ofregion 6 ((t461)) Bil pepperweed, peren- (a) regions I, 2, 3, 4, 5, 7, 8, IO except for that area lying nial within Intercounty Weed Dis- Lepidium Latifolium trict No. 52 (b) Intercounty Weed Districts (c) Intercounty Weed District No. No. 51and52 51 (c) Kittitas County of region 6 (d) Kittitas County of region 6. (d) Adams County of region 6 ((fS-17)) !iJ}skeletonweed, rush (a) regions I, 2, 3, 5, 8, 9 except for the area west of Cho11drilla juncea Highway 17 and north of (b) Franklin County except Tl3N, Highway 26. R36E; and Tl4N, R36E ((~)) .{1fil primrose, water (a) regions I, 2, 3, 4, 5, 6, 7, 9, IO (c) Adams County except those Ludwigia hexapetala areas lying east of a line run- (b) region 8 except T8N, R3W, ning north from Franklin Sl4 of Cowlitz County. County along the western ((t4&7}) .(42} puncturevine (a) Skagit County of region 2 boundary of Range 36 East to Tribulus terrestris State Highway 26 then north on Sage Road until it intersects (b) Kittitas County of region 6 Lee Road, then due north until (c) Adams County intersection with Providence (d) Clallam County of region I. Road, then east to State High- ((~)) 00 ragwort, tansy (a) regions 3, 4, 6, 7, 9, 10 way 261, then north along Senecio jacobaea State Highway 261 to its inter- section with Interstate 90, henceforth on a due north line to intersection with Bauman Road, then north along Bau- man Road to its terminus, then due north to the Lincoln County line. t Permanent (6) Washington State Register, Issue 03-04 WSR 03-04-001 Name Will be a "Class B designate" in all Name Will be a "Class B designate" in all lands lying within: t is southerly of State Highway lands lying within: Road to intersection with State (d) region 6 except that portion Highland Loop Road, then lying within Grant County that south along Highland Loop 28, northerly of Interstate Highway 20, then west along Highway 90 and easterly of State Highway 20 to intersec- Grant County Road I North- tion with State Highway 25 west (c) region 7 except those areas (e) Stevens County north of within Whitman County lying Township 33 North of region 4 south of State Highway 26 (f) Ferry and Pend Oreille coun- from the Adams County line to ties of region 4 Colfax and south of State (g) Asotin County of region IO Highway 195 from Colfax to Pullman and south of State (h) Garfield County south of Highway 270 from Pullman to Highway 12 the Idaho border (i) Columbia County from the (d) Franklin County Walla Walla County line on Highway 12, all areas south of (e) region 9 except Klickitat Turner Road; at Turner Road County to the Garfield county line, all (f) in all lands lying within Asotin areas south and east of Turner County, Region 10, except as Road follows: Tl1N, R44E, Sec- (j) Whitman County lying in lions 25, 26, 27, 28, 29, 31, 32, Ranges 43 through 46 East of 33, 34, and 35; TllN, R45E, Townships 15 through 20 Sections 21, 22, 23, and 25; North; T14N, Ranges 44 T11N, R36E, Sections 19, 20, through 46 East; and T13N, 21, 28, 29, 30, 31, 32, and 33; Ranges 45 and 46 East. TION, R44E, Sections 1, 2, 3, ((~)) ® sowthistle, perennial (a) regions 1, 2, 3, 4, 7, 8, 9, IO 4, 5, 6, 8, 9, 10, 11, 12, 15, and 16; TION, R45E, Sections 23 Sonchus arvensis t (c) region 5 except for sections and 24; Tl ON, R46E, Sections tions I, 2, 12, 13, 14, 23, 24, ssp. arvensis 7,8,17, 18, 19,20,21,22,27, (b) Adams County of region 6 34, and 35; T9N, R46E, Sec- 28, 29, 30, 31, 32, and 33 in 25, 26, 35, and 36; T9N, R47E, T19N, RIE of Thurston and Sections 18, 19, 30, and 31; Pierce counties. T8N, R46E, Sections 1, 2, 3, 9, ((fS3))) ill} spurge, leafy (a) regions 1, 2, 3, 4, 5, 6, 8, 9, 10 IO, 11, 12, 13, 14, 15, 16, 23, Euphorbia esula and 24; T8N, R47E, Sections (b) region 7 except as follows: 8, 17, 18, 19,20,29,30,31, and 32. (i) T27N, R37E, Sections ((~)) ~ Swainsonpea (a) regions 1, 2, 3, 4, 5, 7, 8 34, 35, 36; T27N, Sphaerophysa salsula R38E, Sections 31, 32, 33; T26N, R37E, Sec- (b) Columbia, Garfield, Asotin, lions 1, 2, 3, 10, 11, and Franklin counties 12, 13, 14, 15, 16,26; (c) an area beginning at the Wash- T26N, R38E, Sections ington-Oregon border at the 5, 6, 7, 8 of Lincoln southwest portion of Section County 15, R32E, T6N, then north to (ii) T24N, R43E, Section the northwest corner of Sec- 12, Qtr. Section 3, Par- tion 3, R32E, TIN, then eastto eel No. 9068 of Spo- the northeast corner of Section kane County. 3, R36E, TIN, then south to ((fS41)) ~ starthistle, yellow (a) regions I, 2, 3, 5, 6, 8 the southeast portion of Sec- Centaurea solstitialis tion 15, R36E, T6N, at the Washington-Oregon border, (b) region 4 except those areas then west along the Washing- within Stevens County ton-Oregon border to the bounded by a line beginning at point of beginning the intersection of State High- (d) Weed District No. 3 of Grant way 20 and State Highway 25, then north to intersection with County Pinkston Creek Road, then (e) Adams County of region 6. east along Pinkston Creek Road to intersection with [ 7] Permanent WSR 03-04-001 Washington State Register, Issue 03-04 Name Will be a "Class B designate" in all Name Will be a "Class B designate" in all lands lying within: ((~)) f2fil thistle, musk (a) regions I, 2, 3, 5, 6, 7, 8, 9, 10 (c) region 8 except within 200 feet Carduus 11uta11s of the Columbia River (b) Spokane and Pend Oreille (d) Adams County of region 6 counties. (e) in all water bodies of public ((~)) G2} thistle, plumeless (a) regions I, 2, 3, 5, 6, 7, 8, 9, I 0 access, except the Pend Oreille Carduus acanthoides River, in Pend Oreille County region 4 except those areas of region 4. (b) within Stevens County lying north of State Highway 20. AMENDATORY SECTION (Amending WSR 01-24-035, ((f.S81)) (Qfil thistle, Scotch (a) regions I, 2, 3, 4, 5, 6, 8, 9 filed 11/28/01, effective 12/29/01) 011opordum acalllhium WAC 16-750-015 State noxious weed list-Class C (b) region 7 except for those areas noxious weeds. within Whitman County lying south of State Highway 26 Common Name Scientific Name from the Adams County line to babysbreath Gypsophila paniculata Colfax and south of State beard, old man's Clematis vitalba Highway 195 from Colfax to bindweed, field Co11volvulus arve11sis Pullman and south of State Phalaris aru11di11acea canarygrass, reed Highway 270 from Pullman to the Idaho border cockle, white Sile11e latifolia ssp. alba (c) Franklin County. cocklebur, spiny Xamhium spi11osum ((~)) (Ql} toadflax, Dalmatian (a) regions I, 2, 5, 8, 10 cress, hoary Cardaria draba Li11aria dalmatica dodder, smoothseed alfalfa Cuscuta approximata ssp. dalmatica goatgrass, jointed Aegilops cyli11drica (b) Douglas County of region 3 hawkweed, nonnative species ((Heiraei11m)) Hieracium sp., lying south of T25N, west of except species designated in the R25E, and east of R28E note in the left-hand column (c) Okanogan County lying within Note: T 33, 34, 35N, Rl9, 20, 21, This listing includes all species of 22E, except the southwest, t ((Heiraei11m)) Hieracium, except southeast, and northeast quar- the following: ters of the northeast quarter of section 27, T35N, R21E; and • Species designated as Class A the northeast quarter of the noxious weeds in WAC 16-750- southeast quarter of section 27, 005; T35N,R21E • Species designated as Class B (d) Kittitas, Chelan, Douglas, and noxious weeds in WAC 16-750- Adams counties of region 6 011; (e) Intercounty Weed District No. • native species designated below: 51 - Canada hawkweed (H. (f) Weed District No. 3 of Grant canadense) County - houndstongue hawkweed (H. (g) Lincoln and Adams counties cynoglossoides) (h) The western two miles of Spo- - long-beaked hawkweed (H. Ion- kane County of region 7 giberbe) (i) region 9 except as follows: - narrow-leaved hawkweed (H. umbellatum) (i) those areas lying within Yakima County - slender hawkweed (H. gracile) (ii) those areas lying west - western hawkweed (H. alberti- of the Klickitat River num) and within Klickitat - white-flowered hawkweed (H. County. albiflorum) ((~)) ~ watermilfoil, Eur- (a) regions I, 9, 10 - woolley-weed (H. scouleri) asian henbane, black Hyoscyamus 11iger Myriophyllum iris, yellow flag Iris pseudocorus spicatum ivy, English, 4 cultivars only: Hedera hibemica 'Hibemicia' (b) region 7 except Spokane Hedera helix 'Baltica' County Hedera helix 'Pittsburgh· Hedera helix 'Star' Permanent ! 8 I Washington State Register, Issue 03-04 Common Name Scientific Name mayweed, scentless Matricaria perforata ernmental Entity: New 0, Amended 0, Repealed 0. poison-hemlock Coniwn maculatum t reed, common, nonnative geno Phragmites australis ~ rye, cereal Sec ale ce re ale spikeweed Hemizonia pungens Spurge, myrtle Euehorbia myrsinites L. St. Johnswort, common Hypericum perjoratum tansy, common Tanacetum vulgare Cirsium vulgare thistle, bull thistle, Canada Cirsium arvense toadflax, yellow Linaria vulgaris water lily, fragrant Nymphaea odorata whitetop, hairy Cardaria pubescens wormwood, absinth Artemisia absinthium WSR 03-04-013 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Children's Administration) [Filed January 24, 2003, 3:43 p.m., effective March I, 2003] Date of Adoption: January 16, 2003. Purpose: Legislation passed in 2002, chapter 208, Laws of 2002, directed DSHS to develop safety standards in WAC for review of the residential facilities and residential-related policies and procedures for the Washington School for the Deaf. The new chapter 388-180 WAC guides DSHS-Chil- dren's Administration, Division of Licensed Resources in conducting the health and safety reviews. The safety stan- dards provide for greater safety of residential students at the School for the Deaf. Statutory Authority for Adoption: RCW 74.15.030 and 74.20.280. Adopted under notice filed as WSR 02-23-057 on November 15, 2002. Changes Other than Editing from Proposed to Adopted Version Proposed Rule WAC 388-180-0160 What health and safety standards and written policies are required at WSD? (2) The school must have written policies it follows that: Based on comments received the change to the rule, including a numbering correction, the adopted rule is as fol- lows: WAC 388-180-0160 What health and safety standards and written policies will the monitors be looking for when conducting the health and safety reviews of the school? (3) The department will be reviewing the written policies and procedures of the school that: Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed O; Federal Rules or Standards: New 0, Amended 0, Repealed O; or Recently Enacted State Statutes: New 14, Amended 0, Repealed 0. [ 9] OF THE WASHINGTON STATE SCHOOL FOR THE DEAF PURPOSE NEW SECTION WAC 388-180-0100 What is the purpose of this chap- ter? The purpose of this chapter is to outline the process of investigating child abuse or neglect at Washington State School for the Deaf and establish rules for completing health and safety monitoring reviews of the school. DEFINITIONS NEW SECTION WAC 388-180-0110 What are the definitions for this chapter? The following definitions apply to this chapter: "CAIN" means child abuse or neglect as defined in chapter 26.44 WAC. "Department" means the department of social and health services (DSHS). "DLR" means the division of licensed resources, a divi- sion of children's administration, department of social and health services. "Residential staff'' means individuals in charge of supervising the day-to-day living situation of the children in the residential portion of the school. "School" means the Washington State School for the Deaf. "Superintendent" means the superintendent of the Washington State School for the Deaf. "WSD" means the Washington State School for the Deaf. Permanent WSR 03-04-013 Washington State Register, Issue 03-04 CHILD PROTECTIVE SERVICES The health and safety standards that apply to WSD are as (CPS) INVESTIGATIONS follows: (1) All residential program personnel and volunteer staff • at the school must comply with the mandatory reporting • NEW SECTION requirements of child abuse or neglect, RCW 26.44.020. WAC 388-180-0120 Is CPS required to investigate (2) The school must comply with all applicable fire mar- allegations of CAIN of students at the school? The depart- shal and department of health requirements. ment's child protective services (CPS) must investigate refer- Written policies and procedures rals of alleged child abuse or neglect occurring at the Wash- (3) The department will be reviewing the written policies ington State School for the Deaf. This includes alleged inci- and procedures of the school that: dents of students abusing other students. (a) Promote a program aimed at providing personal safety and protection of all students residing at the school; NEW SECTION (b) Provide sufficient staffing levels on all shifts to meet the physical, emotional, and safety needs of all students, as WAC 388-180-0130 What is included in the CPS required under RCW 72.40.240; investigation? (1) A CPS investigation at the school must (c) Implement and maintain effective admission and determine if: retention policies that protect all students from sexual victim- (a) Abuse or neglect is substantiated or "founded"; and ization, as required under RCW 72.40.270; (b) A referral to law enforcement is appropriate. (d) Implement and maintain an effective communication (2) CPS must send a copy of the investigative report for system between educational staff and residential staff and incidents of alleged abuse or neglect to the school's superin- parents and/or legal guardians; tendent. (e) Ensure that the residential facility meets all applica- (3) CPS may include recommendations for increasing ble fire and health requirements and promote environmental student safety to the superintendent and the board of trustees safety against physical risk or harm to students; or its successor board. (f) Minimize student-to-student conflict or harm when HEALTH AND SAFETY REVIEWS transporting students; (g) Conduct and document background and CAIN checks on all staff to determine each employee's suitability NEW SECTION for employment at the school (see chapter 388-06 WAC); • WAC 388-180-0140 What health and safety reviews (h) Provide all students with training on self-protection • are required? The department must complete health and from abuse or neglect, as required under RCW 72.40.230 and safety reviews of the school as follows. 72.40.260; ( 1) A comprehensive health and safety review of WSD (i) Implement and maintain effective child protection must be completed every three years; and policies that include proper reporting of incidents, notifica- (2) Monitoring health and safety reviews must be com- tion, documentation, and cooperation with the department pleted at least quarterly until December 1, 2006. and law enforcement; U) Describe what procedures staff must follow when they have reason to believe a student may have been abused NEW SECTION or neglected, as defined under RCW 26.44.020; and WAC 388-180-0150 Who receives a copy of the com- (k) Maintain adequate documentation of all abuse or pleted health and safety reports? (1) The department must neglect incidents. provide a copy of the comprehensive health and safety review report of the school to: NEW SECTION (a) The Governor; (b) The legislature; WAC 388-180-0170 What specific areas must be (c) The superintendent; and included in the comprehensive health and safety review? (d) The school's board of trustees or its successor board. (1) In conducting a comprehensive health and safety review (2) The department provides a copy of the periodic mon- of the school, the department must review the children's itoring health and safety review reports of the school to the administration's case and management information system superintendent and to the Governor. (CAMIS) records for any child abuse or neglect referrals and the disposition of the investigations. (2) The reviewers must: NEW SECTION (a) Examine the residential facilities for health and safety WAC 388-180-0160 What health and safety stan- (a specific list of elements for review are outlined in WAC dards and written policies will the monitors be looking for 388-180-0230); • when conducting their health and safety reviews of the (b) Develop appropriate questionnaires or survey tools. school? Reporting requirements for interviews; Permanent [ 10] Washington State Register, Issue 03-04 WSR 03-04-013 (c) Conduct interviews of staff, students, parent, teacher, NEW SECTION and community stakeholders for concerns of student health • and safety at the school. WAC 388-180-0200 Must WSD allow the depart- • (d) Review facility Jogs, including incident reports and ment access to all students and staff for the reviews? Con- daily shift logs; sistent with federal law, the school must give the department (e) Review medication policies, including documenta- complete access to students and staff requested by the tion of medicine disbursement when and by whom; reviewers in monitoring and conducting the reviews of the (f) Review admissions and expulsion policies for com- school. pliance with RCW 72.40.040; (g) Review staff coverage policies for compliance with NEW SECTION RCW 72.40.240 and 72.40.270; (h) Review behavior management policy for compliance WAC 388-180-0210 What must be included in the with RCW 72.40.220, including a description of the de-esca- incident documentation? The incident log documentation lation techniques used with different ages or developmental must include: levels of students; (1) The students involved (not identified to the review- (i) Review employee/volunteer supervision policies for ers); compliance with RCW 72.40.250; (2) The date and time of the incident; U) Review policies for protecting students from abuse or neglect policies for compliance with RCW 72.40.250; (3) A description of what occurred, any injury and sever- ity of injury; (k) Review any corrective action plans including imple- menting the written plan of action to assure health and safety (4) Any other persons present at the time of the incident; and prevention of abuse or neglect incidents as directed in and RCW 72.40.250; (5) Any action taken by WSD staff, including notifica- (I) Review the documentation of awareness and preven- tion of the child's parents. tion training of staff for compliance with RCW 72.40.230 and 72.40.260; and NEW SECTION (m) Sample criminal history and CAIN checks of school employees for compliance with the school's criminal history WAC 388-180-0220 What are the staffing require- inquiry and FBI fingerprinting process. ments for the residential portion of the school? ( 1) A staff- t participating in elective activities. ing ratio of 1 :7 must be maintained for residential students NEW SECTION while students are in dorms or cottages and when they are WAC 388-180-0180 What health and safety areas (2) A staffing ratio of 1 :9 must be maintained for visiting must be included in the monitoring review? (1) The health and day students while they are in the residential settings. and safety areas covered in the monitoring review must include, but are not limited to, the following: (a) Inspection and evaluation of the school's incident log; NEW SECTION (b) Child protective services investigation documenta- WAC 388-180-0230 What are the physical environ- tion; (c) Residential program policies and procedures; ment safety requirements for the residential facilities? (d) Residential facilities, cafeteria, nurse's station, and all The school must ensure that the residential facilities comply other venues where residential students frequent; with the applicable state fire marshal and department of (e) Staff, student, and parent interviews; and health regulations, including the following: (f) Review any corrective action plans including imple- (1) The grounds, office, Jiving areas, kitchen, bedrooms, menting the written plan of action to assure health and safety bathrooms, shops, recreational areas, and laundry areas are and prevention of abuse or neglect incidents. clean and free of hazardous conditions. (2) The monitoring review may include, but is not lim- (2) Furnishings are clean, comfortable, durable, and safe. ited to, the following: (3) Cleaning products and toxic chemicals are securely (a) Written personnel policies and procedures; stored. (b) Personnel records including background check (4) Medications are securely stored. results; and (5) First-aid supplies are readily available. (c) Job descriptions and history of personnel training. (6) Emergency lighting devises are available. (7) Kitchen and bathrooms are ventilated. NEW SECTION (8) The facilities regularly conduct and document fire WAC 388-180-0190 Must WSD allow the depart- drills. ment access to the records of the school? Consistent with (9) Smoke detectors are regularly inspected and the • federal law, the school must give the department complete results of the inspections are documented . • access to all records and documents requested by the review- ( 10) Procedures for evacuation and other emergencies ers in monitoring and conducting the reviews of the school. are posted, reviewed, and tested at regular intervals. [ 11] Permanent WSR 03-04-022 Washington State Register, Issue 03-04 WSR 03-04-022 or, if none, by the college or university president, where the PERMANENT RULES applicant completed his or her approved preparation pro- STATE BOARD OF EDUCATION gram, that indicates that a designated college or university [Filed January 27, 2003, 2:36 p.m.] official has contacted several faculty members who person- Date of Adoption: January 17, 2003. ally know or knew the applicant and has no knowledge of any Purpose: WAC 180-79A-155, amendment clarifies and relevant information related to the applicant's character or fit- simplifies the process for the submission of the dean's affida- ness that would adversely affect the applicant's ability to vit regarding the certificate applicant's moral character. serve in a certificated role or a statement from such affiant of Citation of Existing Rules Affected by this Order: the reasons why it is not possible to make such an affidavit. AmendingX [WAC 180-79A-155]. (4) If the affidavit described in subsection (3) of this sec- Statutory Authority for Adoption: RCW 28A.410.010. tion is impossible or impractical to obtain, the applicant shall Adopted under notice filed as WSR 02-24-043 on submit to the superintendent of public instruction the follow- December 3, 2002. ing: Number of Sections Adopted in Order to Comply with (a) ((A stateffieHt as to why it is iffipossible or iffipraeti Federal Statute: New 0, Amended 0, Repealed 0; Federal ea! to seeure the affidavit required by subseetioH (3) of this Rules or Standards: New 0, Amended 0, Repealed 0; or seetioH; Recently Enacted State Statutes: New 0, Amended 0, fbJ)) A complete employment history, including the Repealed 0. names, addresses, and phone numbers of the immediate Number of Sections Adopted at Request of a Nongov- supervisor of such applicant when an employee; and ernmental Entity: New 0, Amended 0, Repealed 0. ((fet)) .(hl The names, addresses, and phone numbers of Number of Sections Adopted on the Agency's Own Ini- three character references who are not related to the appli- tiative: New 0, Amended 1, Repealed 0. cant. Number of Sections Adopted in Order to Clarify, (5) If the applicant holds or has held a certificate in any Streamline, or Reform Agency Procedures: New 0, other state, such applicant shall prepare one of the following Amended 0, Repealed 0. affidavits for each such state: Number of Sections Adopted Using Negotiated Rule (a) An affidavit that such certificate has not been sus- Making: New 0, Amended 1, Repealed O; Pilot Rule Mak- pended, surrendered, or revoked. The superintendent of pub- ing: New 0, Amended 0, Repealed 0; or Other Alternative lic instruction shall determine the status of certificates held Rule Making: New 0, Amended 0, Repealed 0. by applicants in any other state to find if such certificates Effective Date of Rule: Thirty-one days after filing. have been suspended, surrendered or revoked. January 23, 2003 (b) An affidavit which shall fully disclose the reasons for Larry Davis the suspension, surrender, or revocation of the certificate. Such affidavit shall be submitted directly to the superinten- Executive Director dent of public instruction. AMENDATORY SECTION (Amending WSR 01-09-006, filed 4/5/01, effective 5/6/01) WSR 03-04-023 WAC 180-79A-1SS Good moral character and per- PERMANENT RULES sonal fitness-Necessary supporting evidence by appli- STATE BOARD OF EDUCATION cants. All applicants for certification shall submit the follow- [Filed January 27, 2003, 2:39 p.m.] ing: (1) An affidavit from the applicant indicating that he or Date of Adoption: January 17, 2003. she has not been convicted of any crime or a complete disclo- Purpose: WAC 180-82-110, amendment clarifies lan- sure of all arrests and subsequent dispositions of such arrests. guage to align the special education endorsement waiver with In the event of a conviction for any arrest, the applicant shall the performance-based endorsements. state reasons why such conviction does not reflect adversely Citation of Existing Rules Affected by this Order: on the requirement to possess good moral character and be Amending X [WAC 180-82-110]. personally fit. Statutory Authority for Adoption: RCW 28A.410.010. (2) An affidavit from the applicant that he or she has no Adopted under notice filed as WSR 02-24-045 on history of serious behavioral problems or a complete disclo- December 3, 2002. sure of the nature and status of all such problems, including Number of Sections Adopted in Order to Comply with the names and addresses of health practitioners who have Federal Statute: New 0, Amended 0, Repealed O; Federal treated the applicant within the past ten years and an executed Rules or Standards: New 0, Amended 0, Repealed O; or consent form permitting the superintendent of public instruc- Recently Enacted State Statutes: New 0, Amended 0, tion to contact and consult with such health practitioners and Repealed 0. for such health practitioners to fully disclose medical infor- Number of Sections Adopted at Request of a Nongov- mation related to such behavioral problems. ernmental Entity: New 0, Amended 0, Repealed 0. • (3) An affidavit from the dean of the college or school of Number of Sections Adopted on the Agency's Own Ini- • education or one or more officials designated by such dean, tiative: New 0, Amended 1, Repealed 0. Permanent [ 12] Washington State Register, Issue 03-04 WSR 03-04-024 Number of Sections Adopted in Order to Clarify, employed as a special education teacher. ((+fie)) All remain- • Streamline, or Reform Agency Procedures: New 0, ing ((eredits aAd all eAdorsemeRt)) requirements shall be • Amended 0, Repealed 0. completed within five years of service as a special education Number of Sections Adopted Using Negotiated Rule teacher. Teachers who hold certificates endorsed in special Making: New 0, Amended 1, Repealed O; Pilot Rule Mak- education or who have received waivers from the special edu- ing: New 0, Amended 0, Repealed O; or Other Alternative cation office prior to September 1, 2000, shall not be affected Rule Making: New 0, Amended 0, Repealed 0. by the requirements of this subsection. Effective Date of Rule: Thirty-one days after filing. January 23, 2003 Larry Davis WSR 03-04-024 Executive Director PERMANENT RULES STATE BOARD OF EDUCATION AMENDATORY SECTION (Amending WSR 00-18-063, [Filed January 27, 2003, 2:41 p.m.] filed 9/1/00, effective 10/2/00) Date of Adoption: January 17, 2003. WAC 180-82-110 Exceptions to classroom teacher Purpose: WAC 180-79A-535, amends the rule to allow assignment policy. Exceptions to the classroom teacher an individual contracted as a teacher in a state agency provid- assignment policy specified in WAC 180-82-105 shall be ing educational services for students to enroll in a profes- limited to the following: sional certificate program. (1) Upon determination by school districts that teachers Citation of Existing Rules Affected by this Order: have the competencies to be effective teachers in areas other Amending X [WAC 180-79A-535]. than their endorsed areas, individuals with initial, residency, Statutory Authority for Adoption: RCW 28A.410.010. endorsed continuing, or professional teacher certificates who Adopted under notice filed as WSR 02-24-080 on have completed provisional status with a school district under December 4, 2002. RCW 28A.405.220 may be assigned to classes other than in Number of Sections Adopted in Order to Comply with their areas of endorsement. If teachers are so assigned, the Federal Statute: New 0, Amended 0, Repealed O; Federal following shall apply: Rules or Standards: New 0, Amended 0, Repealed O; or (a) A designated representative of the district and any Recently Enacted State Statutes: New 0, Amended 0, • such teacher so assigned shall mutually develop a written Repealed 0 . • plan which provides for necessary assistance to the teacher, Number of Sections Adopted at Request of a Nongov- and which provides for a reasonable amount of planning and ernmental Entity: New 0, Amended 0, Repealed 0. study time associated specifically with the out-of-endorse- Number of Sections Adopted on the Agency's Own Ini- ment assignment; tiative: New 0, Amended 1, Repealed 0. (b) Such teachers shall not be subject to nonrenewal or Number of Sections Adopted in Order to Clarify, probation based on evaluations of their teaching effectiveness Streamline, or Reform Agency Procedures: New 0, in the out-of-endorsement assignments; Amended 0, Repealed 0. (c) Such teaching assignments shall be approved by a Number of Sections Adopted Using Negotiated Rule formal vote of the local school board for each teacher so Making: New 0, Amended 1, Repealed O; Pilot Rule Mak- assigned; and ing: New 0, Amended 0, Repealed 0; or Other Alternative (d) The assignment of such teachers for the previous Rule Making: New 0, Amended 0, Repealed 0. school year shall be reported annually to the state board of Effective Date of Rule: Thirty-one days after filing. education by the employing school district as required by January 23, 2003 WAC 180-16-195. Included in the report shall be the number Larry Davis of teachers in out-of-endorsement assignments and the spe- Executive Director cific assistance being given to the teachers. (2) Teachers with initial, residency, endorsed continu- AMENDATORY SECTION (Amending WSR 02-18-037, ing, or professional teacher certificates who have not com- filed 8/26/02, effective 9/26/02) pleted provisional status with a school district under RCW 28A.405.220 may be assigned to one out-of-endor~ement WAC 180-78A-535 Approval standard-Program assignment for a maximum of two periods (not more than design. The following requirements shall govern the design forty percent full-time equivalent) a day. Conditions of the professional certificate program: described in subsection ( l)(a) through (d) of this section shall (1) Teacher. apply to teachers so assigned. (a) To be eligible to apply for admission to a professional (3) After August 31, 2000, a teacher who has completed certificate program, a candidate shall hold a contract as a twenty-four quarter credit hours (sixteen semester credit teacher in a public or a state board of education approved pri- • hours) of ((the req1 1ired s13eeial ed1 1eatioA eo1 1rse work iA vate school or state agency providing educational services for • WAC 180 82 360)) course work applicable to a special edu- students and shall have completed provisional status with a cation endorsement shall be eligible for a waiver from the school district under RCW 28A.405.220 or the equivalent special education office which will allow that person to be with an approved private school or state agency providing [ 131 Permanent WSR 03-04-024 Washington State Register, Issue 03-04 educational services for students: Provided, That a candidate statewide as essential to "leadership" as defined in WAC 180- for the professional teacher's certificate may enroll in and 78A-540(3). complete the preassessment seminar described in subsection (v) A culminating seminar in which the candidate pre- • (4)(a) of this section prior to admission to a professional cer- sents his/her final documentation and evidence of profes- • tificate program. sional certificate level knowledge, skill and performance; (b) The professional certificate program must be avail- positive impact on student learning; identification of future able to all qualified candidates. goals and professional/career interests; and specification of (c) Using the set of common performance indicators as areas for continuing education and development. The candi- approved by the state board of education and published by the · date must provide multiple forms of evidence which shall office of the superintendent of public instruction, which may include, but are not limited to, the set of common perfor- not be changed without prior state board approval, the profes- mance indicators as approved by the state board of education sional certificate program shall be developed by a college or and published by the office of the superintendent of public university and its professional education advisory board. instruction, which may not be changed without prior state Additional agencies may participate in the development of board approval. the program if the college or university and professional edu- (vi) Candidates who do not successfully complete a cul- cation advisory board so choose. minating seminar shall receive an individualized analysis of ( d) Each program shall consist of: strengths and weaknesses and a plan for appropriate assis- (i) A preassessment seminar which considers input from tance and instruction. the candidate's "professional growth team" (WAC 180-78A- (vii) No limits shall be placed on the number of times a 505), the candidate's past experience, the context in which candidate with a valid residency certificate may participate in he/she teaches, information from past annual evaluations if the culminating seminar. the individual chooses, the candidate's personal and profes- (2) Principal/program administrator. sional goals, his/her self-evaluation, and evidences of the (a) To be eligible to apply for admission to a professional candidate's impact on student learning. certificate program, a candidate shall hold a contract as an The seminar will culminate in preparation and approval administrator for which the credential is required in a public of the candidate's individual professional growth plan school or state board of education approved private school. designed to provide the candidate with the knowledge and (b) The professional certificate program must be avail- skills needed to demonstrate successfully the standards and able to all qualified candidates. criteria required by WAC 180-78A-540. A representative of the college/university and the candi- (c) Using the six knowledge and skills standards, and the standards-based benchmarks as approved by the state board • date shall develop the professional growth plan to be reviewed and agreed upon after input from and consultation • of education and published by the office of the superinten- and "collaboration" (WAC 180-78A-010(9)) with his/her dent of public instruction, which may not be changed without "professional growth team" (WAC 180-78A-010(10)). state board approval, the professional certificate program shall be developed by a college or university and its profes- The individual professional growth plan shall be based sional education advisory board. Additional agencies may on: (A) An analysis of the instructional context and teaching participate in the development of the program if the college or university and professional education advisory board so assignment(s) to determine strategies which the teacher choose. should use to achieve a positive impact on student learning. (B) An assessment of the candidate's ability to demon- (d) Each program shall consist of: strate successfully the professional certificate standards and (i) A preassessment seminar during which the profes- criteria. sional growth plan shall be developed. The plan will be (C) Specifications of assistance and instructional compo- agreed upon after input from and consultation with his/her nents needed and any required course work. professional growth team (WAC 180-78A-010 (lO)(b)). The (ii) Course work, past and current experience, inservice, individual professional growth plan shall be based on an continuing education and other activities directed at develop- assessment of the candidate's ability to demonstrate six stan- ing and verifying that the candidate has achieved acceptable dards at the professional certificate benchmark level (WAC knowledge, skill and performance on all criteria required 180-78A-270 (2)(b)), performance evaluation data, and an statewide as essential to "effective teaching" as defined in analysis of the administrative context and assignment. WAC 180-78A-540(1 ). (ii) Formalized learning opportunities, past and current (iii) Course work, past and current experience, inservice, experience, professional development opportunities, and continuing education and other activities directed at develop- other activities directed at developing and verifying that the ing and verifying that the candidate has achieved acceptable candidate has achieved acceptable knowledge, skill, and per- knowledge, skill and performance on all criteria required formance at the professional certificate benchmark level, or statewide as essential to "professional development" as above, on all standards as defined in WAC 180-78A-270 defined in WAC 180-78A-540(2). (2)(b). (iv) Course work, past and current experience, inservice, (iii) A culminating seminar in which the candidate pre- continuing education and other activities directed at develop- sents his/her final documentation and evidence of profes- • ing and verifying that the candidate has achieved acceptable sional certificate level knowledge, skill and performance; • knowledge, skill and performance on all criteria required positive impact on student learning; development of a profes- Permanent [ 14] Washington State Register, Issue 03-04 WSR 03-04-025 sional growth plan that includes the identification of future a professional certificate, the residency teacher will need to goals and professional/career interests as well as a five-year complete (([provisioaal status with a school district uader • plan for professional development designed to meet the RCW 28A.405.220 or the equivaleat with aa approved pri • requirements for certificate renewal. vate school aHd ·.vill aeed to complete])) a state board of edu- (e) Candidates who do not successfully complete a cul- minating seminar shall receive an individualized analysis of cation approved professional certificate program collabora- strengths and weaknesses and a plan for assistance. tively developed by a college/university and the professional (f) No limit shall be placed on the number of times a can- educational advisory board (PEAB). (([The caHdidate shall didate with a valid residency certificate may enroll in the cul- complete proYisioaal status, with a school district uader minating seminar. RCW 28A.405.220 or the equivaleat with aa approved pri vate school, prior to admissioa to a professioaal certificate prograFH, eirnludiag the preassessmeat semiaar.])) The candi- WSR 03-04-025 date shall complete provisional status, with a school district PERMANENT RULES under RCW 28A.405.220 or the equivalent with an approved STATE BOARD OF EDUCATION private school or state agency providing educational services [Filed January 27, 2003, 2:43 p.m.) for students, prior to admission to a professional certificate Date of Adoption: January 17, 2003. program, excluding the preassessment seminar. Purpose: WAC 180-78A-505, (a) to allow an individual The professional certificate requires successful demon- teaching in a state agency to be eligible for admission to a stration of three standards (effective teaching, professional professional certificate program; (b) removes the require- development, and leadership) and (((17] [18])) 11 criteria, ment that an individual has to complete provisional status pursuant to WAC 180-78A-540, related to these standards. employment to be eligible for a professional certificate; and Wherever appropriate, the residency teacher will need to pro- (c) requires a candidate for the professional certificate to vide evidence that his/her teaching has had a positive impact complete provisional status employment prior to admission to a professional certificate program. on student learning as defined in WAC 180-78A-010(8). Citation of Existing Rules Affected by this Order: The candidate and college or university shall develop an Amending X [WAC 180-78A-505]. individual professional growth plan to be reviewed and Statutory Authority for Adoption: RCW 28A.410.010. agreed upon after input from and consultation and collabora- Adopted under notice filed as WSR 02-24-044 on tion (WAC 180-78A-010(9)) with his/her professional t December 3, 2002. growth team. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed O; Federal The individual professional growth plan will be based on Rules or Standards: New 0, Amended 0, Repealed O; or an analysis of the student/learning context in that teacher's Recently Enacted State Statutes: New 0, Amended 0, assignment and a preassessment of that teacher's ability to Repealed 0. demonstrate the standards and criteria set forth in WAC l 80- Number of Sections Adopted at Request of a Nongov- 78A-540. ernmental Entity: New 0, Amended 1, Repealed 0. The individual professional growth plan shall include Number of Sections Adopted on the Agency's Own Ini- tiative: New 0, Amended 0, Repealed 0. instruction and assistance components for each residency Number of Sections Adopted in Order to Clarify, teacher. The instruction and assistance components will be Streamline, or Reform Agency Procedures: New 0, designed to give the residency teacher the necessary knowl- Amended 0, Repealed 0. edge and skills needed to demonstrate successfully the stan- Number of Sections Adopted Using Negotiated Rule dards and criteria set forth in WAC 180-78A-540. Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- ing: New 0, Amended 0, Repealed O; or Other Alternative The final component of the program will be a culminat- Rule Making: New 0, Amended 1, Repealed 0. ing assessment seminar in which the residency teacher's abil- Effective Date of Rule: Thirty-one days after filing. ity to demonstrate the standards and criteria cited above will January 23, 2003 be evaluated. These assessments shall include multiple forms Larry Davis of data collected over time, including evidence of positive Executive Director impact on student learning, where appropriate. As part of the program development, the college/univer- AMENDATORY SECTION (Amending WSR 02-18-037, sity and the PEAB shall establish criteria and procedures for filed 8/26/02, effective 9/26/02) determining when the residency teacher has successfully WAC 180-78A-505 Overview-Teacher professional completed the program. When the program administrator has •certificate program. By September 1, 2001, all colleges and verified to the superintendent of public instruction that the •universities offering a professional certificate program must candidate has completed the approved program, the state will be in compliance with the new program standards. To obtain issue the residency teacher a professional certificate. · [ 15] Permanent WSR 03-04-026 Washington State Register, Issue 03-04 WSR 03-04-026 education agency to collaborate with the sovereign tribal PERMANENT RULES government's language/culture program; STATE BOARD OF EDUCATION (e) It is within the statutory authority of the state board of • [Filed January 27, 2003, 2:45 p.m.] education to enhance the learning opportunities for all stu- • Date of Adoption: January 17, 2003. dents by helping prevent the loss of first peoples' languages Purpose: To establish a first people's language certifica- through assisting the state's sovereign neighbors to sustain, tion pilot program by adding a new section, WAC 180-78A- maintain or recover their linguistic heritage, history and cul- 700. ture; Statutory Authority for Adoption: RCW 28A.305.130 (t) From the Multi-Ethnic Think Tank position state- and 28A.410.010. ment, June 2001: Adopted under notice filed as WSR 02-24-047 on (i) " ... A culturally inclusive pedagogy will ensure the December 3, 2002. success of all students, who will develop greater appreciation Number of Sections Adopted in Order to Comply with of other cultures and world views;" Federal Statute: New 0, Amended 0, Repealed O; Federal (ii) "All students have prior experiences that frame their Rules or Standards: New 0, Amended 0, Repealed O; or worldview; learn from childbirth and are lifelong learners; Recently Enacted State Statutes: New 0, Amended 0, can academically achieve at high levels when they are appro- Repealed 0. priately taught; and are entitled to learn in a multicultural Number of Sections Adopted at Request of a Nongov- context;" ernmental Entity: New 0, Amended 0, Repealed 0. (g) Research has shown that students who study another Number of Sections Adopted on the Agency's Own Ini- language may benefit in the following ways: Greater aca- tiative: New 1, Amended 0, Repealed 0. demic success in other areas of study, including reading, Number of Sections Adopted in Order to Clarify, social studies, and mathematics; a clearer understanding of Streamline, or Reform Agency Procedures: New 0, the English language including function, vocabulary and syn- Amended 0, Repealed 0. tax; and an increase on standardized test scores, especially in Number of Sections Adopted Using Negotiated Rule verbal areas; Making: New 1, Amended 0, Repealed O; Pilot Rule Mak- (h) From the Native American Languages Act, Public ing: New 0, Amended 0, Repealed O; or Other Alternative Law 101-477, Section 102, 1990: Rule Making: New 0, Amended 0, Repealed 0. (i) "The traditional languages of Native Americans are Effective Date of Rule: Thirty-one days after filing. an integral part of their cultures and identities and form the • January 23, 2003 basic medium for the transmission, and thus survival, of • Larry Davis Native American cultures, literatures, histories, religions, Executive Director political institutions, and values;" (ii) "Languages are the means of communication for the NEW SECTION full range of human experiences and are critical to the sur- vival of cultural and political integrity of any people"; and WAC 180-78A-700 First peoples' language/culture (i) There are many sovereign tribal nations in the state of certification pilot program-Findings, purposes and Washington and they serve the needs of many groups of first intent-Definitions-Pilot program established-Tribal peoples, each possessing unique languages, cultures and eligibility to participate-Pilot program requirements- worldviews. Assignment of teachers-Reports. (1) FINDINGS. The state (2) PURPOSES. The purpose of this section is to establish board of education endorses the following: a pilot program to accomplish the following goals: (a) Teaching first peoples' languages can be a critical (a) To honor the sovereign status of tribal governments factor in successful educational experiences and promoting in their sole expertise in the transmission of their indigenous cultural sensitivity for all students. The effect is particularly languages, heritage, cultural knowledge, customs, traditions strong for native American students; and best practices for the training of first peoples' lan- (b) First peoples' languages are falling silent. Despite guage/culture teachers; tribal efforts, first peoples' languages are not fully incorpo- (b) Contribute to a positive impact on student learning by rated into the school systems. This is a loss to the cultural promoting continuous improvement of student achievement heritage of the affected tribes and to the cultural resources of of the sovereign tribal government's language/culture learn- Washington state; (c) Recognition of native American languages under ing goals, as established by each sovereign tribal govern- RCW 28A.230.090(3) and 28B.80.350(2), as satisfying state ment's language/culture program, and by supporting the goals or local graduation requirements and minimum college for multi-cultural education included in the 2001 position statement developed by the Washington state Multi-Ethnic admission requirements, while concentrating on promoting a Think Tank; positive impact on student learning through state policies, is (c) Contribute to the preservation, recovery, revitaliza- insufficient to meet the educational needs of native American students; tion, and promotion of first peoples' languages and cultures; • (d) The potential to have a positive impact on student (d) Meaningfully acknowledge that language is inher- • learning is in part dependent on the willingness of the local ently integral to native American culture and ways of life; Permanent [ 16] Washington State Register, Issue 03-04 (e) Implement in a tangible way the spirit of the 1989 • Cente~nial Accord betw~en Washington sta~e and the sover- • eign tnbal governments m the state of Washington. (t) Provide a mechanism for the state board of education to recognize tribally qualified language/culture teachers as eligible to receive a Washington state first peoples' lan- guage/culture teaching certificate; and (g) Provide the opportunity for native American students to learn first peoples' languages and cultures while at school and provide another avenue for students to learn core curric- ula through first peoples' world views. (3) INTENT. It is the intent of the state board of education to work in collaboration with the sovereign tribal govern- ments of Washington state to establish a Washington state first peoples' language/culture teacher certification program on a pilot basis in order to: (a) Act in a manner consistent with the policy as speci- fied in the Native American Languages Act, P.L. 101-477 Sec. 104(1) "preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages"; (b) Act in a manner consistent with Washington state's government-to-government relationship with Washington state sovereign tribal governments and use the Washington state first peoples' language/culture certification pilot pro- grams to model effective government-to-government rela- tionships; (c) Act in a manner consistent with the goal of the state • Basic Education Act under RCW 28A.150.210; • (d) Act in a manner consistent with the following pur- poses of Public Law 107-110, "No Child Left Behind Act": (i) "Holding schools, local education agencies, and States accountable for improving the academic achievement of all students, and identifying and turning around low-per- forming schools that have failed to provide a high-quality education to their students, while providing alternatives to students in such schools to enable the students to receive a high-quality education," [Sec. 1002(4)]; (ii) "Providing children an enriched and accelerated edu- cational program, including the use of schoolwide programs or additional services that increase the amount and quality of instructional time," [Sec. 1002(8)]; (iii) "Promoting schoolwide reform and ensuring the access of children to effective, scientifically based instruc- tional strategies and challenging academic content," [Sec. 1002(9)]; (iv) " ... Supporting local education agencies, Indian tribes, organizations, postsecondary institutions and other entities to meet the unique education, culturally related aca- demic needs of American Indian and Alaskan Native Stu- dents" [Sec. 7102(a)]; (e) Act on its involvement with and adoption of the 1991 joint policy statement on Indian education: "K-12 American Indian dropout prevention is a priority of schools. Effective education needs to be implemented • throughout the K-12 school system if the American Indian • student is to achieve academic and personal success"; (f) Acknowledge that there is a public responsibility to make available to all students in the state of Washington an [ 17] accurate and balanced study of the American Indian experi- ences with and contributions to life on this continent; (g) Act on the following state board beliefs: (i) In order to meet the needs of all students, highly qual- ified teachers are required; (ii) All state board of education policies and activities should meet the needs of the state's diverse student popula- tion; (iii) In order for all students to achieve at high levels, multiple learning styles and needs must be supported; and (h) Act on the following goals from the state board's 2002-05 work plan: (i) Professional education and certification requirements are aligned with education reform and support a positive impact on student learning; (ii) All students shall be provided equitable educational opportunities. (4) DEFINITIONS. (a) "Positive impact on student learning" shall mean: (i) The same as under WAC 180-78A-010(8) and 180- 16-220 (2)(b); and (ii)(A) Supporting the goal of basic education under RCW 28A.150.210, " ... to provide students with the opportu- nity to become responsible citizens, to contribute to their own economic well-being and to that of their families and com- munities, and to enjoy productive and satisfying lives ... "; (B) Promoting continuous improvement of student achievement of the state learning goals and the sovereign tribal government's language/culture learning goals as estab- lished by each sovereign tribal government's language/cul- ture program; (C) Recognizing nonacademic student learning and growth related, but not limited, to: Oral traditions, commu- nity involvement, leadership, interpersonal relationship skills, teamwork, self-confidence, resiliency, and strength- ened unique cultural identities; (iii) Developing greater appreciation of other cultures and worldviews; (b) A "culturally sensitive environment" honors the unique history, culture, values, learning styles, and commu- nity of the student. For example, to demonstrate the value of the language and culture, the homeroom teacher participates in the language/culture classroom. A "culturally sensitive environment" also includes those provisions as outlined in the Washington state joint policy on equity in education, revised in May 2000. (c) For the purpose of this section, "highly qualified teachers" shall mean those teachers who meet the standards of the sovereign tribal government's language/culture pro- gram. (5) PILOT PROGRAM ESTABLISHED. A Washington state first peoples' language/culture teacher certification pro- gram is established in February 2003 and will continue through the 2005-06 school year. At the end of the 2005-06 school year, the program will be extended, modified or made permanent, as determined by the state board of education in consultation with participating sovereign tribal governments . (6) TRIBAL ELIGIBILITY TO PARTICIPATE. Any sover- eign tribal government in the state of Washington shall be eli- Permanent WSR 03-04-045 Washington State Register, Issue 03-04 gible to participate individually on a government-to-govern- consultation with any local education agency from entering into an inter-governmental agreement or compact ment basis in the pilot program. related to (7) PROJECT REQUIREMENTS. the teaching of first peoples' languages and cultures in order to address unique issues related to individual sovereign tribal (a) Each sovereign tribal government will appoint and governments. certify individuals who meet the tribe's criteria for certifica- (8) ASSIGNMENT OF TEACHERS. tion as instructors in the Washington state first peoples' lan- (a) The holder of a Washington state first peoples' lan- guage/culture pilot program. (b) Each sovereign tribal government's language/culture guage/culture teacher certificate shall be deemed qualified to project shall submit to the state board of education the fol- be a teacher of first peoples' language/culture with the ability lowing information for each eligible language/culture teacher to meet individual tribal competency criteria for lan- desiring to participate in the pilot project: guage/culture, history, and English. (i) Written documentation that each designated teacher (b) A Washington state first peoples' language/culture has completed the sovereign tribal government's lan- teacher certificate qualifies the holder to accept a teaching guage/culture teacher certification program; position in a public school district. (ii) Written documentation that each designated teacher (c) The holder of a Washington state first peoples' lan- has completed the background check required under RCW guage/culture teacher certificate who does not also hold an 28A.410.010 and WAC 180-79A-150 (1) and (2); initial or residency certificate shall be assigned to teach only the language(s)/culture(s) designated on the certificate, and (iii) Written documentation that each designated teacher no other subject. has completed a course on issues of abuse as required by (d) The Washington state first peoples' language/culture RCW 28A.410.035 and WAC 180-79A-030(6); teacher certificate is recognized by the state of Washington (iv) Designation of which language(s), or dialects for as long as the teacher holds a valid language/culture cer- thereof, shall be listed on the Washington state first peoples' tificate from a participating sovereign tribal government. language/culture certificate; (e) A Washington state first peoples' language/culture (c) After meeting the requirements of subsection (8)(b) teacher certificate will serve as the endorsement in first peo- of this section and receiving state board of education ples' language/culture for anyone holding an initial or resi- approval, the office of the superintendent of public instruc- dency certificate. tion shall issue each teacher a Washington state first peoples' (9) REPORTS. language/culture teaching certificate; (a) Annually, for the duration of the pilot program, each (d) To support a positive impact on student learning, the partici~atin~ tribe shall su~mit a repo1:1 to th~ state board of. local education agency in consultation with the sovereign education with documentation of how its particular project is • tribal government's language/culture program is strongly having a positive impact on student learning. encouraged to provide: (b) Not later than October 31, 2006, the professional (i) A minimum of one contact hour per day, five days a development and certification committee of the state board of week; education, in consultation with the participating sovereign (ii) Access to the same students from year to year, to the tribal governments and the professional educator standards extent possible, so that students who receive instruction dur- board, shall create and submit a report to the state board of ing the first year of the project can continue to receive education with the following information: instruction throughout the three years of the project; (i) An end of program analysis of the positive impact on (iii) A culturally sensitive environment as defined in sub- student learning of each pilot project; section (4)(b) of this section; or (ii) An appraisal of the government-to-government rela- (iv) Some combination of (d)(i), (ii), and (iii) of this sub- tionships established under the program, at both the state and section which will allow a positive impact on student learn- local levels; and ing; (iii) The report shall include a recommendation on (e) To support a positive impact on student learning, the whether to extend, modify or make permanent the Washing- sovereign tribal government's language/culture program will ton state first peoples' language/culture teacher certification provide written documentation of how teaching the first peo- pilot program. ples' language/culture has supported the promotion of contin- Reviser's note: The brackets and enclosed material in the text of the uous improvement of student achievement of the program above section occurred in the copy filed by the agency and appear in the Reg- learning goals as established by each sovereign tribal govern- ister pursuant to the requirements of RCW 34.08.040. ment's language/culture program; (f) To support a greater understanding of the govern- ment-to-government relationship, the professional develop- ment and certification committee of the state board of educa- WSR 03-04-045 tion and the professional educator standards board are PERMANENT RULES strongly encouraged to make site visits and attend meetings DEPARTMENT OF HEALTH with the local education agency and the sovereign tribal gov- (Board of Pharmacy) ernment's language/culture program; [Filed January 28, 2003, 4:22 p.m.] (g) Nothing in this section shall be interpreted as pre- cluding any eligible tribe in consultation with the state or in Date of Adoption: January 8, 2003. Permanent [ 18] Washington State Register, Issue 03-04 WSR 03-04-053 Purpose: The proposed rule will promote public health 90-120, 180-90-123, 180-90-125, 180-90-133, 180-90-135 by improving the quality of life of persons afflicted with mul- and 180-90-137; and amending WAC 180-90-105, 180-90- • tiple sclerosis (MS) by allowing health care practitioners to 112, 180-90-130, 180-90-141, and 180-90-160 . • prescribe, administer, and dispense Schedule II nonnarcotic Statutory Authority for Adoption: RCW 28A.195.040. stimulants for the purpose of treating fatigue in patients with Adopted under notice filed as WSR 02-24-049 on MS. December 3, 2002. Citation of Existing Rules Affected by this Order: Changes Other than Editing from Proposed to Adopted Amending chapter 246-887 WAC. Statutory Authority for Adoption: RCW 69.50.402. Version PROPOSED AMENDMENT On page 143, (OTS- Other Authority: RCW 18.64.005(7). 5551.2 - WAC 180-90-112), line 7 of subsection (5)(a)(iii), after "and" strike "vocational" and insert: "career and techni- Adopted under notice filed as WSR 02-24-078 on cal." December 4, 2002. Number of Sections Adopted in Order to Comply with EFFECT/RATIONALE: Technical update of language. Federal Statute: New 0, Amended 0, Repealed O; Federal Number of Sections Adopted in Order to Comply with Rules or Standards: New 0, Amended 0, Repealed 0; or Federal Statute: New 0, Amended 0, Repealed O; Federal Recently Enacted State Statutes: New 0, Amended 0, Rules or Standards: New 0, Amended 0, Repealed O; or Repealed 0. Recently Enacted State Statutes: New 0, Amended 0, Number of Sections Adopted at Request of a Nongov- Repealed 0. ernmental Entity: New l, Amended 0, Repealed 0. Number of Sections Adopted at Request of a Nongov- Number of Sections Adopted on the Agency's Own Ini- ernmental Entity: New 0, Amended 0, Repealed 0. tiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's Own Ini- Number of Sections Adopted in Order to Clarify, tiative: New 0, Amended 5, Repealed 7. Streamline, or Reform Agency Procedures: New 0, Number of Sections Adopted in Order to Clarify, Amended 0, Repealed 0. Streamline, or Reform Agency Procedures: New 0, Number of Sections Adopted Using Negotiated Rule Amended 5, Repealed 7. Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- Number of Sections Adopted Using Negotiated Rule ing: New 0, Amended 0, Repealed O; or Other Alternative Making: New 0, Amended 5, Repealed 7; Pilot Rule Mak- Rule Making: New 1, Amended 0, Repealed 0. ing: New 0, Amended 0, Repealed O; or Other Alternative Effective Date of Rule: Thirty-one days after filing. Rule Making: New 0, Amended 0, Repealed 0. January 15, 2003 Effective Date of Rule: Thirty-one days after filing. Donna Dockter January 23, 2003 Chair Larry Davis Executive Director NEW SECTION WAC 246-887-045 Prescribing, dispensing, or AMENDATORY SECTION (Amending WSR 90-17-009, administering of Schedule II nonnarcotic stimulants. The filed 8/6/90, effective 9/6/90) Schedule II stimulants listed in WAC 246-887-040 may be WAC 180-90-105 Purnose and authority. (1) The pur- prescribed, dispensed, or administered to patients for the fol- pose of this chapter is to establish the procedures and condi- lowing disease states or conditions: (1) Disease states or conditions listed in RCW 69.50.402 tions governing the approval of private schools by the state (3)(ii); board of education and rescission of such approval. (2) Multiple sclerosis. ill The authority for this chapter is RCW 28A.195.040 which authorizes the state board of education to promulgate rules and regulations for the approval of private schools for the purpose of implementing RCW 28A.225.010. WSR 03-04-053 PERMANENT RULES AMENDATORY SECTION (Amending Order 23-85, filed STATE BOARD OF EDUCATION 12/2/85) [Filed January 29, 2003, 2:00 p.m.] WAC 180-90-112 Definition~( ( !.1JtpPeved JtFivate Date of Adoption: January 17, 2003. selteel)). ((As usecl iA this ehapter the term "apprm·ecl pri,·ate Purpose: To clarify the employment of non-Washington sehool" shall meaA a priYate sehool)) The definitions in this state certificated teachers in approved private schools and the section apply throughout this chapter unless the context procedures for loss of private school approval. In addition, clearly requires otherwise. the revisions reflect minor changes consistent with recent Cl) "Approved private school" means a nonpublic school State Board of Education rule changes and sequence of simi- or nonpublic school district conducting a program consisting ar or related concepts. of kindergarten and at least grade one, or a program consist- Citation of Existing Rules Affected by this Order: ing of any or all of grades one through twelve which has been Repealing WAC 180-90-110, 180-90-115, 180-90-119, 180- approved by the state board of education in accordance with ' [ 19] Permanent WSR 03-04-053 Washington State Register, Issue 03-04 the minimum standards for approval as prescribed in this Ci) The educational program offered by the private chapter. school will be significantly improved with the employment (2)(a) "Reasonable health reguirements" means those of a non-Washington state certificated teacher. Each teacher ~ standards contained in chapter 248-64 WAC as adopted by not holding a valid Washington state certificate shall have • the state board of health. experience or academic preparation appropriate to K-12 Cb) "Reasonable fire safety reguirements" means those instruction and consistent with the school's mission. Such standards adopted by the state fire marshal pursuant to chap- experience or academic preparation shall be consistent with ter 48.48 RCW. the provisions of (c) of this subsection; and (3)(a) "Minor deviation" means a variance from the stan- (ii) The school which employs a non-Washington state dards established by these regulations which represents little certificated teacher or teachers pursuant to this subsection or no threat to the health or safety of students and school per- employs at least one person certified pursuant to rules of the sonnel, and which does not raise a guestion as to the ability of state board of education and (c) of this subsection to every the school to provide an educational program which is in sub- twenty-five FTE students enrolled in grades kindergarten stantial compliance with the minimum standards set forth in through twelve. The school will report the academic prepara- WAC 180-90-160. and which. therefore. does not preclude tions and experience of each teacher providing K-12 instruc- the granting of full approval. tion; and (b) "Major deviation" means a variance from the stan- (iii) The non-Washington state certificated teacher of the private school, employed pursuant to this section and as ver- dards established by these regulations which represents little ified by the private school. meets the age. good moral charac- or no threat to the health or safety of students and school per- sonnel but raises a question as to the ability of the school to ter. and personal fitness reguirements of WAC 180-79A-150 provide an educational program which substantially complies (1) and (2). has not had his or her teacher's certificate revoked with the minimum standards set forth in WAC 180-90-160, by any state or foreign country. (WAC 180-79A-155 (5)(a).) (c) "Unusual competence": As applied to an exceptional but is not so serious as to constitute an unacceptable devia- case wherein the educational program as specified in RCW tion. 28A.195.010 and WAC 180-90-160(7) will be significantly (c) "Unacceptable deviation" means a variance from the improved with the employment of a non-Washington state standards established by these regulations which either: certificated teacher as defined in (a) of this subsection. (i) Constitutes a serious, imminent threat to the health or (d) "General supervision" means that a Washington state safety of students or school personnel; or certificated teacher or administrator shall be generally avail- (ii) Demonstrates that the school is not capable of pro- able at the school site to observe and advise the teacher • viding an educational program which substantially complies employed under provision of (c) of this subsection and shall • with the minimum standards set forth in WAC 180-90-160. evaluate pursuant to policies of the private school. ( 4) "Total instructional hour offering" means those hours when students are provided the opportunity to engage in edu- cational activity planned by and under the direction of school AMENDATORY SECTION (Amending Order 23-85, filed staff. as directed by the administration and board of directors. 12/2/85) inclusive of intermissions for class changes, recess and WAC 180-90-130 Approval-Annual certification== teacher/parent-guardian conferences which are planned and Adverse findings. ill At least ninety days prior to the com- scheduled by the approved private school for the purpose of mencement of the annual school term or period, the chief discussing students' educational needs for progress. and administrator of each private school shall file with the super- exclusive of time actually spent for meals. intendent of public instruction, in accordance with proce- (5)(a) "Non-Washington state certificated teacher" dures established by the superintendent of public instruction, means a person who has: a certificate of compliance in the form and substance set forth (i) A K-12 teaching certificate from a nationally accred- in WAC 180-90-160. ited preparation program, other than Washington state, recog- ill The superintendent of public instruction shall review nized by the U.S. Department of Education; or each certificate. The review shall be completed within thirty (ii) A minimum of forty-five quarter credits beyond the days after receipt of a completed application. baccalaureate degree with a minimum of forty-five quarter (3) If the superintendent of public instruction finds no credits in courses in the subject matter to be taught or in minor. major. or unacceptable deviations. the superintendent courses closely related to the subject matter to be taught; or of public instruction shall so notify the private school and (iii) A minimum of three calendar years of experience in shall recommend full approval of the private school to the a specialized field. For purposes of this subsection the term state board of education. "specialized field" means a specialized area of the curriculum ( 4) If the superintendent of public instruction finds devi- where skill or talent is applied and where entry into an occu- ation. the private school shall be notified in writing of any pation in such field generally does not reguire a baccalaureate minor. major, or unacceptable deviations. degree. including. but not limited to, the fields of art. drama. (5) If the superintendent of public instruction finds dance. music. physical education. and career and technical or minor. major, or unacceptable deviations. the superintendentt occupational education. of public instruction shall not transmit the recommendation (b) "Exceptional case" means that a circumstance exists regarding approval status to the state board of education until within a private school in which: the private school submits a narrative report indicating agree- Permanent [ 20] Washington State Register, Issue 03-04 WSR 03-04-053 ment or not with the findings of the superintendent of public I, ...... , do hereby certify that I am the superintendent instruction and any proposed remedial action to address the of the above named private school district; and that the pri- ~ reported deviations. Upon receipt of the narrative report, the vate schools under my jurisdiction are scheduled to meet • superintendent of public instruction shall transmit the recom- mendation and the narrative report to the state board of edu- throughout the school year, the following standards with the cation. exception only of such deviations as are set forth in an attach- ment to this certificate of compliance; and that a list of such schools, including the grades conducted and the projected AMENDATORY SECTION (Amending Order 7-87, filed enrollment for each school, accompanies this certificate: 4114/87) Following initial approval as a private school by the state WAC 180-90-141 Loss of private school approval ((ef board of education, evidence of current accreditation by a e RaRapeFetiRg pFir;ete sehaal)). ((AH approves private state board of education approved accrediting body may be sehool whieh Eioes Hot have st1:1EieHts earolleel for aHy siJ< eoa submitted annually in lieu of approval documents described see1:1tive ealeHEiar ff!OHths aaEi whieh fails to proYiele evieleHee in 1-12. of st1 1Eleat earnllffleHt 1 1poH req1 1est of the s1 1periHteHEieHt of (1) The minimum school year for instructional purposes p1 1elie iHstfl letioH for the saiel perioel of tiff!e shall lose its consists of no less than 180 school days or the equivalent in approYal stat1:1s for the reff!aiHEier of the sehool year.)) Cl) The annual minimum ((prograffl)) instructional hour offerings as superintendent of public instruction is authorized to rescind prescribed in RCW 28A.150.220. approval of a private school for one or more of the following (2) On each school day, pupils enrolled in the school are reasons: provided the opportunity to be engaged in educational activ- (a) Failure to have students enrolled for any six consecu- ity planned by and under the direction of the staff, as directed tive calendar months or failure to provide evidence of student by the administration and/ or governing board; and that pupils enrollment upon request of the superintendent of public are provided a total ((program)) instructional hour offering as instruction for the said period of time. prescribed in RCW 28A.150.220 except that the percentages (b) Failure to provide verification that the approved pri- for basic skills, work skills, and optional subjects and activi- vate school teaching staff meet the provision of WAC 180- ties prescribed in RCW 28A.150.220 do not apply to private 90-112 (5)(b)(ii). schools and that the total ( (prograff!)) instructional hour (c) Failure to provide verification that the physical facil- offering, except as otherwise specifically provided in RCW • ities of the school meet the health and fire safety standards. 28A.150.220, made available is at least: • (2) The superintendent of public instruction shall notify (a) 450 hours for students in kindergarten. the state board of education of decisions to rescind approval. ((2700 ho1 1rs for stuEieHts iH graEies oae thro1 1gh three 2970 ho1 1rs for st1 1EieHts iH graeles fo1 1r thro1 1gh six El) 1980 ho1 1rs for st1 1Eie1Hs iH graeles seveH aael eight AMENDATORY SECTION (Amending WSR 96-15-099, (e) 4320)) 1000 hours for students in grades ((Hffie)) one filed 7/22/96, effective 8/22/96) through twelve. WAC 180-90-160 Minimum standards and certifi- (3) All classroom teachers hold appropriate Washington cate form. The annual certificate required by WAC 180-90- State certification except for: 130 shall be in substantial compliance with the form and sub- (a) Teachers for religious courses or courses for which stance of the following: no counterpart exists in the public schools: Provided, That a religious course is a course of study separate from the courses CERTIFICATE OF COMPLIANCE of study defined in RCW 28A.195.010 including occupa- WITH STATE STANDARDS tional education, science, mathematics, language, social stud- ies, history, health, reading, writing, spelling, and the devel- opment of the appreciation of art and music all in sufficient ESD/County/Public units for meeting state board of education graduation require- School District ments; and/or Private School/ (b) A person of unusual competence who is not certified District Address but who will teach students in an exceptional case under the general supervision of a ((eertifieel)) Washington state certif- I, ...... , do hereby certify that I am the principal or icated teacher or administrator pursuant to WAC ({l 80 90 chief administrator of the above named school; that said ill)) 180-90-112. The ((HOHcertifieEI efflployee)) non-Wash- school is located at the address listed above, and conducts ington state certificated teacher, the ((eertifieel)) Washington grades ...... through ...... with a projected enrollment of state certificated person who will supervise, and the excep- ...... ; and that said school is scheduled to meet throughout tional circumstances are listed on the addendum to this certif- the . . . . . . school year, the following standards with the icate: Provided, That if a ((aormertifieEi persoH)) non-Wash- • exception only of such deviations, if any, as are set forth in an ington state certificated teacher is employed subsequent to the filing of this certificate, this same information shall be .attachment to this certificate of compliance forwarded to the superintendent of public instruction within or thirty days from the date of employment. [ 21) Permanent WSR 03-04-054 Washington State Register, Issue 03-04 (4) If the school operates an extension program for par- private school and shall be considered in subsequent applica- ents, guardians, or persons having legal custody of a child to tion for approval as a private school. teach children in their custody, the extension program meets Dated this .... day of ...... , 19 .. . the following requirements: (a) The parent, guardian, or custodian is supervised by a person certified under chapter 28A.410 RCW and who is (signed) employed by the school; (b) The planning by the certified person and the parent, (title) guardian, or person having legal custody includes objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section; (phone number) (c) The certified person spends a minimum average each month of one contact hour per week with each student under REPEALER his or her supervision who is enrolled in the extension pro- The following sections of the Washington Administra- gram; (d) Each student's progress is evaluated by the certified tive Code are repealed: person; and WAC 180-90-110 Purpose. (e) The certified person does not supervise more than thirty students enrolled in the approved private school's WAC 180-90-115 Definition-Private school. extension program. WAC 180-90-119 Definition-Reasonable (5) Measures have been taken to safeguard all permanent health and fire safety require- records against loss or damage through either the storage of ments. such records in fire-resistant containers or facilities, or the retention of duplicates in a separate and distinct area; WAC 180-90-120 Definitions-Deviations. (6) The physical facilities of the school are adequate to WAC 180-90-123 Definition-Total program meet the program offered, and all school facilities and prac- hour offering. tices are in substantial compliance with reasonable health and fire safety standards, as substantiated by current inspection WAC 180-90-125 Definitions-Exceptional reports of appropriate health and fire safety officials which case, unusual competence, are on file in the chief administrator's office; and general supervision. (7) The school's curriculum includes instruction in the WAC 180-90-133 SPI report to SBE-No basic skills of occupational education, science, mathematics, adverse findings. language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and WAC 180-90-135 SPI adverse findings- music in sufficient units for meeting state board of education Report to private school. graduation requirements, as set forth in chapter 180-51 WAC 180-90-137 SPI report to SEE-Adverse WAC; findings. (8) The school or its organized district maintains up-to- date policy statements related to the administration and oper- ation of the school or district; (9) The school does not engage in a policy of racial seg- WSR 03-04-054 regation or discrimination; PERMANENT RULES (10) The governing authority of this private school or STATE BOARD OF EDUCATION private school district has been apprised of the requirements [Filed January 29, 2003. 2:03 p.m.] of chapter 180-90 WAC relating to the minimum require- ments for approval of private schools and such governing Date of Adoption: January 17, 2003. authority has further been apprised of all deviations from the Purpose: To shift focus of the WAC language from rule:.; and regulations of the state board of education and the work experience for credit to work based learning for credit. standards contained in chapter 180-90 WAC. I have reported Citation of Existing Rules Affected by this Order: all such deviations herewith. Amending WAC 180-50-315. ( 11) Approval by the state board of education is contin- Statutory Authority for Adoption: RCW 28A.305.130 gent upon on-going compliance with the standards certified (8), (9), and 28A.230.100. herein. The superintendent of public instruction shall be noti- Adopted under notice filed as WSR 02-24-048 on fied of any deviation from these standards which occurs after December 3, 2002. the action taken by the state board of education. Such notifi- Number of Sections Adopted in Order to Comply with cation shall be filed within thirty days of occurrence of the Federal Statute: New 0, Amended 0, Repealed O; Federal t deviation. Rules or Standards: New 0, Amended 0, Repealed 0; or (12) Failure to comply with the requirements of this Recently Enacted State Statutes: New 0, Amended 0, chapter may result in the revocation of the approval of the Repealed 0. Permanent [ 22] Washington State Register, Issue 03-04 WSR 03-04-054 Number of Sections Adopted at Request of a Nongov- include a description of the formal accident prevention pro- ernmental Entity: New 0, Amended 0, Repealed 0. gram of the worksite. • Number of Sections Adopted on the Agency's Own Ini- CD "Instructional work based learning" means a work • tiative: New 0, Amended 1, Repealed 0. based learning experience in which no appreciable benefit is Number of Sections Adopted in Order to Clarify, rendered to the worksite by the presence of the minor student, Streamline, or Reform Agency Procedures: New 0, in accordance with WAC 296-125-043. Amended 1, Repealed 0. (g) "Cooperative work based learning" means a work Number of Sections Adopted Using Negotiated Rule based learning experience in which an employer/employee Making: New 0, Amended 1, Repealed 0; Pilot Rule Mak- relationship exists-the work performed by the student ing: New 0, Amended 0, Repealed O; or Other Alternative results in a net increase in productivity or profitability for the Rule Making: New 0, Amended 0, Repealed 0. business or organization. Effective Date of Rule: Thirty-one days after filing. ill The work based learning experience ((a-aiAiAg)) shall January 23, 2003 be ((s1:1pervised b)' the scheel; Larry Davis (2) The work eRperieHee traifliAg shall be related to the Executive Director school program of the st1:1deAt; (3) Credit giveA fer werk experieAce traiAiAg shall repre seRt growth iA the studeAt aAd the type of werk deRe, shall AMENDATORY SECTION (Amending WSR 00-19-106, iAYo!Ye Ofle or more of the state learniAg goals aRd related filed 9/20/00, effective 10/21/00) esseAtial academie learniRg reEJuiremeAts, aRd shall be awarded iA aceord with WAC 180 51 050(1); WAC 180-50-315 Equivalency course of study- Credit for work ((extterieeee)) based learning. School dis- (4) A ·.vork experieAee traiHiHg program shall be supple tricts may accept work ((experieAce traiAiAg)) based learning meAted by aR adequate program of guidaRee, placemeflt, fol low up, aRd coordiAatioA betv,•eeA job aAd school; in lieu of either required or elective high school credits if such work ((eRperieAce traiAiAg)) based learning meets the (5) Work eilperieHee as a plaAAed part of a school subjeet ((followiAg)) standards((.;.)) under subsections (1) through (5) may be iReluded iA tae credit gi~·eA for that s1:1bject; of this section. Schools and school districts are strongly (e) 0Ae credit may be graRted fer Aot less thaA four huR encouraged to review the nonbinding work based dred fiye hours of work eitperieRee trniAiAg related to a stu learning guidelines on the website of the superintendent of public deAt's sel=mol program; • instruction in their consideration of making this credit option (7) A studeAt participatiAg iR a work eilperieAee traiAiflg • available to students. shall be legally employee afld shall Rot be less thaR sixteeA (1) Definitions: years old; (a) "Work based learning" means a learning experience (8) AH employer's report of the stttdeAt's work reeord, that connects knowledge and skills obtained in the classroom iHdieatiAg satisfactory progress OH the job, shall be filed with to those needed outside the classroom. and comprises a range the school; aRd of activities and instructional strategies designed to assist stu- (9) The regular state appreAtieeship program, ifl which dents in developing or fulfilling their education plans. the traiRiRg is worked out eooperatively 'Nith the school aRd (b) "Work based learning agreement" means a contract meets the staRdards for high sehool grnduatioA, is accept that specifies the terms and conditions under able)) connected to the education plan of the student. which the work based learning experience shall occur. It is agreed to and (a) The education plan shall involve one or more of the signed by the school district, worksite supervisor. student. state learning goals and related essential academic learning and the student's parents/guardians. requirements. (c) "Worksite supervisor" means an adult employee or (b) Counseling and guidance services. particularly career volunteer of the worksite responsible for overseeing the work guidance. shall be available to students seeking work based based learning experience and acting as liaison between the learning experience. worksite and school district. (c) The education plan should relate to a specific career (d) "Orientation" means a meeting conducted by a work and/or educational pathway chosen by the student. based learning coordinator giving information to a worksite (d) The education plan should extend at least one year supervisor about the work based learning program of the beyond high school graduation. school. The orientation clarifies program objectives. estab- (3) The student shall be placed in a worksite that is lishes support systems, and delineates the responsibilities and appropriate to the previous learning experience and educa- rights of the various parties-school/district. worksite, stu- tional goals of the student and shall be formalized through a dents. and parents/guardians. work based learning agreement and work based learning (e) "New employee orientation" means an orientation plan. program for the student facilitated by a worksite supervisor (a) The work based learning plan shall articulate the con- or designee (e.g .. human resources) that identifies worksite nection between the education plan of the student and the afet rocedures and ractices workers' ri hts and res onsi- work based learning experience. bilities. issues related to harassment. and employer policies, (b) The work based learning plan shall articulate clear, procedures and expectations. The orientation shall also measurable learning objectives. [ 23] Permanent WSR 03-04-055 Washington State Register, Issue 03-04 (c) Evaluation of learning progress related to the work (6) The superintendent of public instruction shall report based learning plan shall occur during the work based learn- biennially at the state board's fall meeting on the use of the ing experience. work based learning credit option authorized in this section. (i) Learning objectives shall be evaluated and updated on a regular basis as outlined in the work based learning agree- ment. (ii) Documentation of progress shall be on file in the dis- WSR 03-04-055 trict as outlined in the work based learning agreement. PERMANENT RULES (4) The work based learning experience shall be super- STATE BOARD OF EDUCATION vised by the school. A work based learning coordinator shall [Filed January 29, 2003, 2:05 p.m.) be identified in accordance with WAC 180-77-068 and shall Date of Adoption: January 17, 2003. be responsible for: Purpose: To change the state standardized high school (a) Aligning the work based learning experience to the transcript to conform with the new state minimum high education plan of the student; school graduation requirements. (b) Identifying and developing work based learning sites. Citation of Existing Rules Affected by this Order: establishing work based learning agreements and work based Amending WAC 180-57-050, 180-57-055, and 180-57-070. learning plans. orienting and coordinating with a worksite Statutory Authority for Adoption: RCW 28A.305.220. supervisor on the work based learning site. and assessing and Adopted under notice filed as WSR 02-24-046 on reporting student progress; December 3, 2002. (c) Ensuring that a worksite supervisor: Number of Sections Adopted in Order to Comply with (i) Has received an orientation on the work based learn- Federal Statute: New 0, Amended 0, Repealed O; Federal ing program of the school prior to placement of the student on Rules or Standards: New 0, Amended 0, Repealed O; or the worksite; and Recently Enacted State Statutes: New 0, Amended O, (ii) Has provided the student with a new-employee orien- Repealed 0. tation upon placement; and Number of Sections Adopted at Request of a Nongov- (d) Applying legal requirements of the employment of ernmental Entity: New 0, Amended 0, Repealed 0. minors in accordance with chapters 296-125 and 296-131 Number of Sections Adopted on the Agency's Own Ini- WAC. particularly on issues of occupational health and tiative: New 0, Amended 3, Repealed 0. safety. discrimination. harassment, worker/employer rights Number of Sections Adopted in Order to Clarify, and responsibilities. and work rules for minors. Streamline, or Reform Agency Procedures: New O, • (5) One credit may be granted for no less than one hun- Amended 3, Repealed 0. • dred eighty hours for instructional work based learning expe- Number of Sections Adopted Using Negotiated Rule rience. and not less than three hundred sixty hours of cooper- Making: New 0, Amended 3, Repealed 0; Pilot Rule Mak- ative work based learning experience, or one credit may be ing: New 0, Amended 0, Repealed O; or Other Alternative granted on a competency basis as provided under WAC 180- Rule Making: New 0, Amended 0, Repealed 0. 51-050 (l)(b). Effective Date of Rule: Thirty-one days after filing. (a) A student participating in an instructional work based January 23, 2003 learning experience shall receive instruction supervised by Larry Davis the school. Executive Director (i) Instruction shall be provided by an instructor with a teaching certificate, preferably endorsed in the subject area for which credit will be awarded the student for the work AMENDATORY SECTION (Amending WSR 01-74-093, based learning experience. filed 12/4/01, effective 114/02) (ii) The work based learning experience shall be an embedded component of the instructional program appropri- WAC 180-57-050 Grade reporting and calculation ate to the subject area for which credit will be awarded the system. (1) The standardized high school transcript shall student for the work based learning experience. report the marks/ grades earned by students in courses as fol- (b) A student participating in a cooperative work based lows( (; proYided, that there is RO requiremeRt}). It is not learning experience shall be legally employed and shall not required to adopt a marking/ grading system that uses be less than sixteen years old. ((miRuses or)) pluses or minuses or, if adopted, to report (i) The cooperative work based learning experience shall ((miRuses or)) pluses or minuses on standardized tran- be supervised either by a work based learning coordinator or scripts((:-) t an instructor with a teaching certificate. preferably endorsed (a) A = 4.0 in the subject area for which credit will be awarded the stu- 3.7 dent for the work based learning experience; (b) A- = (ii) The cooperative work based learning experience (c) B+ = 3.3 shall be a direct extension of a course related to the work (d) B = 3.0 based learning experience and taken either concurrently with (e) B- = 2.7 the work based learning experience or taken in a school term prior to the work based learning experience. (f) C+ = 2.3 Permanent [ 24] Washington State Register, Issue 03-04 WSR 03-04-055 (g) c = 2.0 (d) Credits attempted for courses taken more than once (h) C- 1.7 to improve a grade may count toward the number of credits (i) D+ reguired for graduation on the condition that the letter grades = 1.3 earned for all attempts are included in the calculation of the U) D = 1.0 student's grade point average. Districts and schools shall not (k) E orF 0.0 convert letter grades to nonnumerical grades/marks for the pumose of this subsection. (2) The minimal passing mark/ grade is D = 1.0. Nonnu- merical marks/grades such as pass/fail, pass/no pass. credit/ no credit, and satisfactory/ unsatisfactory marks also AMENDATORY SECTION (Amending WSR 01-09-013, may be used. A mark/grade of "W" shall be used to indicate filed 4/6/01, effective 5/7/0 l) a withdrawal from a course. WAC 180-57-070 Mandatory high school transcript (3) If high school credit is awarded on a competency contents-Items. The standardized high school transcript basis as authorized under state board of education policy shall contain only the following information in order to meet WAC 180-51-050(2), the district may use either of the fol- the statutory reguirement under RCW 28A.305.220 for a lowing options for noting the students' performance on the statewide standardized transcript. Any other information the state standardized transcript under state board of education district or school may desire to include may be stapled to the policy WAC 180-57-070: transcript or otherwise provided with the transcript. Informa- (a) Determine locally the equivalent passing mark/grade tion that is not listed below shall not be included on the state as listed under subsection (1) of this section; or standardized transcript: (b) Designate "pass" or "fail" or "no pass" in the appro- (1) The student's legal name (last name, first name, and priate manner on the transcript. middle name(s) or middle initial(s)), and other or former names used; AMENDATORY SECTION (Amending WSR 01-24-093, (2) ((The stt1deHt's current address, address at gradt1a filed 12/4/01, effective 1/4/02) tion, or address at withdra·t't'al from sehool (street, city, state, zip eode); WAC 180-57-055 Definition-Grade point average. ~)) The namew ((aRd address)) of parent(s) or guard- (1) Each student's "grade point average" shall be the sum of ian(s) (((street, eity, state, zip code) if sueh information is the point values, as defined in WAC 180-57-050, of all the available)); .marks/grades received for all courses attempted, divided by ((f41)) Ql The student's ((birth date aad se*)) birthdate; • the sum of the credits for all courses attempted. ((~)) ffi The student's school district identification , (2) The grade point value shall be rounded by multiply- number (if applicable); ing the numerical value of the mark/ grade earned by the ((f&t)) ill The school((!s)) name, address. phone number. number of credits assigned to the course. and name of the school district issuing the transcript; (3) Grade point averages shall be ((calctilated to two)) (((7) The sehool's address (street, eity, state, zip code, rounded to the third decimal place((s)) and reported for each and teleflhone n1:1meer); trimester/semester or other term and for the cumulative cred- (8) The dates of tl'le stt1deF1t's eatry, reentry, Vl'ithdrawal, its earned for all courses attempted in high school. and grad1:1ation (if applicable) related to the sehool iss1:1ing the transcript; (4) All marks/grades for all courses taken shall be included in the calculation of grade point averages except for: f-91)) @ A list of previous ((fli-gh)) schools attended where credit was attempted (school name, city, state, and (a) Nonnumerical marks/grades shall be excluded from month and year of entrance and exit); the calculation of grade point averages; and ( ( ( 10) The stt1deat's atteadaaee record (total 1:1ne1teused (b) ((Tl'le lowest)) Only the highest mark/grade earned abseaees. "UHeJ<c1:1sed aeseHee" shall meaa the same as for a class/course taken more than once to improve a defined 1:1ader RCW 28A.225.02.0(2)) ey year; mark/grade shall be ((e*eluded from)) included in the calcu- fl·l·1)) ill The student's academic history for all high lation of grade point averages. school ((fgrttde)) level ((and date of cot1rse completioR)) This exception shall not apply to recurring courses. courses attempted, including courses taken under RCW Recurring courses are not considered repeated courses taken 28A.230.090( 4) and including those courses where a student for the purpose of improving a mark/grade. Recurring has withdrawn, and listed by major reporting period for the courses are those taken by a student to further develop their grade level (month and year), course ((titles, inclt1diHg the understanding and skills in the subject (e.g., journalism, high school departffieat)) code and ( (course nt1mber)) advanced art or drama, concert band, etc.), or is taken by the description, marks/ grades earned as defined in WAC 180-57- student more than once to satisfy different credit require- 050 (a mark/grade of "W" will be used to indicate a with- ments (e.g., advanced drama taken three times to meet an drawal from a course), credits earned as defined in WAC elective requirement, an art requirement, and the occupa- 180-57-040, credits attempted as defined i"n WAC 180-57- .tional education requirement). 040, and grade point average as defined in WAC 180-57- • (c) Credits attempted for courses taken more than once to 055((m. Credits attempted for courses taken more than once improve a grade/mark may count only once toward the num- to improve a grade/mark may count only once toward the ber of credits reguired for graduation. number of credits required for graduation. Credits attempted [ 25] Permanent WSR 03-04-092 Washington State Register, Issue 03-04 WSR 03-04-092 for courses taken more than once to improve a grade may PERMANENT RULES count toward the number of credits required for graduation DEPARTMENT OF LICENSING on the condition that the letter grades earned for all attempts [Filed February 4, 2003, 10:37 a.m.] are included in the calculation of the student's grade point average. Districts and schools shall not convert letter grades Date of Adoption: February 1, 2003. Purpose: Set forth vehicle registration requirements to nonnumerical grades/marks for the purpose of this subsec- for out-of-state registered vehicles entering Washington for pur- tion. The transcript shall include a term and cumulative sum- poses of repair. . mary of the student's high school level academic history; Citation of Existing Rules Affected by this Order: (8) The transcript shall include notation that the high Amending 1 [WAC 308-99-040]. school + education plan requirement was completed (noting Statutory Authority for Adoption: RCW 46.85.060. month and year) or not completed by the student; Adopted under notice filed as WSR 02-23-068 on November 19, 2002. (9) The transcript shall include notation that the culmi- Number of Sections Adopted in Order to Comply with nating project requirement was completed (noting month and Federal Statute: New 0, Amended 0, Repealed 0; Federal year) or not completed by the student; Rules or Standards: New 0, Amended 0, Repealed O; or ((~)) .Ll..Q} The following courses, for which college Recently Enacted State Statutes: New 0, Amended 0, credit can be earned, shall be designated on the transcript ((as Repealed 0. dual credit (die) courses)) with the designation coding indi- Number of Sections Adopted at Request of a Nongov- cated. Courses completed and credits earned through running ernmental Entity: New 0, Amended 1, Repealed 0. Number of Sections Adopted on the Agency's Own Ini- start shall be noted with an "RS" designation. Courses com- tiative: New 0, Amended 0, Repealed 0. pleted and credits earned through advanced placement shall Number of Sections Adopted in Order to Clarify, be noted with an "AP" designation. Courses completed and Streamline, or Reform Agency Procedures: New 0, credits earned through college in the high school shall be Amended 0, Repealed 0. noted with a "CHS" designation. Courses completed and Number of Sections Adopted Using Negotiated Rule credits earned through an international baccalaureate pro- Making: New 0, Amended 1, Repealed O; Pilot Rule Mak- gram shall be noted with an "IB" designation. Courses com- ing: New 0, Amended 0, Repealed O; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. pleted which earn college credit through tech-prep and/or the Effective Date of Rule: Thirty-one days after filing. • corresponding credits or certification earned shall be noted January 17, 2003 • with a "TP" designation. Courses that meet or satisfy higher Fred Stephens education coordinating board core course requirements shall Director be noted with a "HC" designation; ((fl-31)) ( l l)(a) At such time as the state board of educa- AMENDATORY SECTION (Amending WSR 00-20-064, tion determines that the high school Washington assessments filed 10/3/00, effective 11/3/00) of student learning are sufficiently reliable and valid and that WAC 308-99-040 Restrictions and conditions. Is a retake opportunities are available. the transcript shall then vehicle properly licensed or registered in another jurisdiction include notation that the student has met or exceeded (noting able to be operated in Washington without further registra- the month and year) or not met the standard on each of the tion requirements? Yes, as provided in RCW 46.85.060 and required secondary Washington assessment~ of student learn- 46.85.080 the following conditions and restrictions apply: ing and/or earned (noting the month and year) or not earned (1) Nonresident students: The student must be in full- the state certificate of mastery, or that the particular Wash- time attendance at an institution of higher learning in Wash- ington assessment of student learning was waived or not ington accredited by the Northwest Association of Schools taken; and Colleges or at a private vocational school as that term is defined by RCW 28C.10.020(7) and maintain their legal (b) For purposes of this subsection. "exceeded" shall home of record at a location outside the state of Washington. mean the performance standard on each of the required high Students' vehicles must be registered in their name or the school Washington assessments of student learning as deter- name of their parent or legal guardian in the resident state of mined by the superintendent of public instruction; record. The student must carry, in the vehicle, documentation (12) Each issuance of the transcript shall include a report issued by the institution that readily establishes the nonresi- date, version number, and page number {'x' of 'y); and dent status. Employment incidental to the full-time student status is permitted. The spouse of a nonresident student has ((~)) .Lll} The signature ((and/or seal)) of the autho- the same licensing privilege as long as the vehicle is regis- rized school official (name, title, and date) and seal of the dis- tered to the student or jointly to the student and spousel trict. if available. regardless of the spouse's legal residence or employment. (14) Subsections (8) and ·(9) of this section shall take (2) Nonresident military personnel: Vehicles must be effect for students who begin ninth grade in fall 2004. currently registered in the name of the military person at [ 26] Permanent Washington State Register, Issue 03-04 WSR 03-04-099 his/her official home of record. A vehicle licensed at the last Make the rule at-least-as-effective-as OSHA; and • duty station may be operated until expiration of the registra- Make necessary housekeeping changes . • tion at which time it must be licensed in the home of record Citation of Existing Rules Affected by this Order: or in Washington. The spouse of a nonresident military per- Amending WAC 296-304-01001 Definitions, 296-304- son has the same licensing privilege as long as the vehicle is 01003 Reference specifications, standards, and codes, 296- registered to the military person or jointly to the military per- 304-02007 Hot work, 296-304-02009 Maintenance of safe son and spouse, regardless of the spouse's legal residence or conditions, 296-304-03007 Painting, 296-304-04001 Venti- employment. lation and protection in welding, cutting and heating, 296- (3) Borrowed vehicle: A borrowed vehicle currently 304-05001 Scaffolds or staging, 296-304-05003 Ladders, licensed in another jurisdiction may be operated by a Wash- 296-304-05005 Guarding of deck openings and edges, 296- ington resident for a period not to excted ten days in any one 304-05009 Access to and guarding of dry docks and marine calendar year. If the period of use exceeds ten days the vehi- railings, 296-304-05013 Working surfaces, 296-304-06003 cle must be registered and licensed in Washington. This pro- Illumination, 296-304-07009 Hoisting and hauling equip- vision does not apply to business vehicles. ment, 296-304-07011 Use of gear, 296-304-07013 Qualifica- (4) Vehicles undergoing repairs: Commercial vehicles tions of operators, 296-304-08001 General precautions, 296- having a gross weight or combined gross weight of over 304-09017 Lifesaving equipment, 296-304-09021 Personal 26.000 pounds and properly registered and licensed in fall arrest systems, 296-304-09023 Positioning device sys- another state or Canadian Province may enter Washington for tems, 296-304-10003 Ship's piping systems, and 296-304- purposes of repair under the following conditions: 10007 Ship's deck machinery. (a) The vehicle must enter the state unladen and proceed Statutory Authority for Adoption: RCW 49.17.010, immediately to the repair facility. 49.17.040, 49.17.050, and 49.17.060. (b) The vehicle must immediately leave the state. Adopted under notice filed as WSR 02-21-107 on Octo- unladen. upon completion of repairs. ber 22, 2002. (c) The vehicle cannot engage in any commercial activ- Number of Sections Adopted in Order to Comply with ity while in Washington. Federal Statute: New 0, Amended 0, Repealed O; Federal (d) The repair facility must be located within fifteen Rules or Standards: New 0, Amended 21, Repealed O; or miles of the Washington border. Recently Enacted State Statutes: New 0, Amended 0, (e) While in Washington. the vehicle must carry the fol- Repealed 0. .lowing documentation: Number of Sections Adopted at Request of a Nongov- • (i) An "out-of-state vehicle repair statement of fact." ernmental Entity: New 0, Amended 0, Repealed 0. Blank forms are available from the department of licensing Number of Sections Adopted on the Agency's Own Ini- Internet site at www.gov.wa/dol. tiative: New 0, Amended 0, Repealed 0. (ii) A copy of the vehicle repair work order issued by the Number of Sections Adopted in Order to Clarify, repair facility before the vehicle enters Washington. Streamline, or Reform Agency Procedures: New 0, Cf) The repair facility must maintain a copy of the "out- Amended 0, Repealed 0. of-state vehicle repair statement of fact" and vehicle repair Number of Sections Adopted Using Negotiated Rule work order for a period of five years. The repair facility must Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- make the forms available for inspection by state agency rep- ing: New 0, Amended 0, Repealed O; or Other Alternative resentatives. Rule Making: New 0, Amended 21, Repealed 0. Effective Date of Rule: August 1, 2003. February 4, 2003 Paul Trause WSR 03-04-099 PERMANENT RULES Director DEPARTMENT OF LABOR AND INDUSTRIES AMENDATORY SECTION (Amending WSR 98-02-006, [Filed February 4, 2003, 1:17 p.m., effective August I, 2003] filed 12/26/97, effective 3/1/98) Date of Adoption: February 4, 2003. WAC 296-304-01001 Definitions. "Anchorage" - A Purpose: Shipbuilding, ship repairing and shipbreaking, secure point to attach lifelines, lanyards, or deceleration chapter 296-304 WAC. The purpose of this rule making is to devices. make technical and typographical changes to the Washington "Body belt" - A strap with means to both secure it Industrial Safety and Health Act's (WISHA) shipbuilding, around the waist and to attach it to a lanyard, lifeline, or ship repairing and shipbreaking rules (chapter 296-304 deceleration device. Body belts may be used only in fall WAC) in response to the Occupational Safety and Health restraint or positioning device systems and may not be used .Administration's (OSHA) rule on Occupational Safety and for fall arrest. Body belts must be at least one and five- ~ealth Standards for Shipyard Employment, 29 C.F.R. Part ei ghths inches ( 4.13 cm) wide. 1915, which were effective July 3, 2002. These changes are "Body harness" - Straps to secure around an employee necessary to: so that fall arrest forces are distributed over at least the thighs, [ 27 J Permanent WSR 03-04-099 Washington State Register, Issue 03-04 shoulders, chest and pelvis with means to attach it to other "Free fall distance" - The vertical displacement of the components of a personal fall arrest system. fall arrest attachment point on the employee's body harness • "Cold-work" - Work that does not involve riveting, between onset of the fall and just before the system begins to • welding, burning, or other fire-producing or spark-producing apply force to arrest the fall. This distance excludes decelera- operations. tion distance, and lifeline/lanyard elongation, but includes "Competent person" - A person who can recognize and any deceleration device slide distance or self-retracting lifeline/lanyard extension before the device operates and fall evaluate employee exposure to hazardous substances or to arrest forces occur. other unsafe conditions and can specify the necessary protec- tion and precautions necessary to ensure the safety of "Gangway" - A ramp-like or stair-like means to board employees as required by these standards. or leave a vessel including accommodation ladders, gang- planks and brows. "Confined space" - A small compartment with limited "Hazardous substance" - A substance likely to cause access such as a double bottom tank, cofferdam, or other small, confined space that can readily create or aggravate a injury because it is explosive, flammable, poisonous, corro- hazardous exposure. sive, oxidizing, irritant, or otherwise harmful. "Connector" - A device used to connect parts of a per- "Hot-work" - Riveting, welding, burning or other fire sonal fall arrest system or parts of a positioning device sys- or spark producing operations. tem together. It may be: "Lanyard" - A flexible line of rope, wire rope, or strap • An independent component of the system (such as a which generally has a connector at each end for connecting carabiner); or the body belt or body harness to a deceleration device, life- line, or anchorage. • An integral component ·of part of the system (such as a buckle or D-ring sewn into a body belt or body harness or a "Lifeline" - A component consisting of a flexible line to snaphook spliced or sewn to a lanyard or self-retracting lan- connect to an anchorage at one end to hang vertically (verti- yard). cal lifeline), or to connect to anchorages at both ends to stretch horizontally (horizontal lifeline), and which serves as "Deceleration device" - A mechanism, such as a rope a means for connecting other components of a personal fall grab, rip stitch lanyard, specially woven lanyard, tearing or arrest system to the anchorage. deforming lanyard, or automatic self-retracting lifeline/ "Lower levels" - Those areas or surfaces to which an lanyard, that serves to dissipate a substantial amount of energy during a fall arrest, or to limit the energy imposed on employee can fall. Such areas or surfaces include but are not limited to ground levels, floors, ramps, tanks, materials, • an employee during fall arrest. water, excavations, pits, vessels, structures, or portions • "Deceleration distance" - The additional vertical dis- thereof. tance a falling employee travels, excluding lifeline elonga- "Personal fall arrest system" - A system used to arrest tion and free fall distance, before stopping, from the point at an employee in a fall from a working level. It consists of an which the deceleration device begins to operate. It is mea- anchorage, connectors, body harness and may include a lan- sured from the location of an employee's body belt or body yard, a deceleration device, a lifeline, or a suitable combina- harness attachment point at the moment of activation (at the tion. onset of fall arrest forces) of the deceleration device during a fall, to the location of that attachment point after the "Portable unfired pressure vessel" - A pressure con- employee comes to a full stop. tainer or vessel used aboard ship, other than the ship's equip- ment, containing liquids or gases under pressure. This does "Director" - The director of the department of labor and not include pressure vessels built to ((IGG)) Department of industries or a designated representative. Transportation regulations under 49 CFR Part 78, Subparts C "Employee" - Any person engaged in ship repairing, andH. ship building, or ship breaking or related employment as "Positioning device system" - A body belt or body har- defined in these standards. ness system rigged to allow an employee to be supported at "Employer" - An employer with employees who are an elevated vertical surface, such as a wall or window, and to employed, in whole or in part, in ship repair, ship building be able to work with both hands free while leaning. and ship breaking, or related employment as defined in these "Powder actuated fastening tool" - A tool or machine standards. that drives a stud, pin, or fastener by means of an explosive "Enclosed space" - A space, other than a confined charge. space, that is enclosed by bulkheads and overhead. It includes "Qualified person" - A person who has successfully cargo holds, tanks, quarters, and machinery and boiler demonstrated the ability to solve or resolve problems related spaces. to the subject matter and work by possessing a recognized "Equivalent" - Alternative designs, materials, or meth- degree or certificate of professional standing or by extensive ods to protect against a hazard which the employer can dem- knowledge, training, and experience. onstrate will provide an equal or greater degree of safety for "Related employment" - Any employment related to or • employees than the method or item specified in the standard. performed in conjunction with ship repairing, ship building. "Free fall" - To fall before a personal fall arrest system or ship breaking work, including, but not limited to, inspect- begins to apply force to arrest the fall. ing, testing, and serving as a watchman. Permanent [ 28] Washington State Register, Issue 03-04 WSR 03-04-099 "Restraint (tether) line" - A line from an anchorage, or Threshold Limit Values, American Conference of Govern- between anchorages, to which the employee is secured so as mental Industrial Hygienists, 1014 Broadway, Cincin- .o prevent the employee from walking or falling off an ele- nati, Ohio 45202, .,ated work surface. United States of America Standards Safety Code for the Use, Note: A restraint line is not necessarily designed to withstand Care, and Protection of Abrasive Wheels, B 7. l-1964, forces resulting from a fall. United States of America Standards Institute, Inc., 10 East 40th Street, New York, N.Y. 10016. "Rope grab" - A deceleration device that travels on a lifeline and automatically, by friction, engages the lifeline and locks to arrest the fall of an employee. A rope grab usu- AMENDATORY SECTION (Amending WSR 95-22-015, ally uses the principle of inertial locking, cam/level locking filed 10/20/95, effective 1/16/96) or both. WAC 296-304-02007 Hot work. (1) Hot work requir- "Shall" or "must" - Mandatory. ing testing by a marine chemist or Coast Guard authorized "Ship breaking" - Breaking down a vessel's structure to person. scrap the vessel, including the removal of gear, equipment or (a) The employer shall ensure that hot work is not per- any component part of a vessel. formed in or on any of the following confined and enclosed "Ship building" - Construction of a vessel, including spaces and other dangerous atmospheres, boundaries of the installation of machinery and equipment. spaces or pipelines until the work area has been tested and "Ship repairing" - Repair of a vessel including, but not certified by a marine chemist or a U.S. Coast Guard autho- rized person as "safe for hot work": limited to, alterations, conversions, installations, cleaning, painting, and maintenance. (i) Within, on, or immediately adjacent to spaces that contain or have contained combustible or flammable liquids "Vessel" - Every watercraft for use as a means of trans- or gases. portation on water, including special purpose floating struc- (ii) Within, on, or immediately adjacent to fuel tanks that tures not primarily designed for or used as a means of trans- contain or have last contained fuel; and portation on water. (iii) On pipelines, heating coils, pump fittings or other accessories connected to spaces that contain or have last con- AMENDATORY SECTION (Amending Order 74-25, filed tained fuel. t 5/7/74) which meet the standards for oxygen, flammability and toxic- (iv) Exception: On dry cargo, miscellaneous and passen- WAC 296-304-01003 Reference specifications, stan- ger vessels and in the landside operations within spaces dards, and codes. Specifications, standards, and codes of ity in WAC 296-304-02003, but are adjacent to spaces con- agencies of the U.S. government, to the extent specified in taining flammable gases or liquids, as long as the gases or liq- the text, form a part of these regulations. In addition, the uids ((h&Ye)) with a flash point below 150 deg. F (65.6 deg. specifications, standards, and codes of organizations which C) ((frftd)) when the distance between such spaces and the are not agencies of the U.S. government, in effect on the date work is 25 feet (((M)) 7.62 m) or greater. of the promulgation of these regulations as listed below, to the extent specified in the text, form a part of these standards: Note: For flammable liquids with flash points above 150 deg. F (65.6 deg. C), see subsection (2) of this section. National Fire Protection Association, 60 Batterymarch Note to (I )(a): The criteria for "safe for hot work" is located in the Street, Boston, Mass.02110, definition section, WAC 296-304-020(2). Underwriters' Laboratories, Inc., 207 East Ohio Street, Chi- (b) The certificate issued by the marine chemist or Coast cago, 111.60611, Guard authorized person shall be posted in the immediate United States of America Standard Safety Code for Portable vicinity of the affected operations while they are in progress Wood Ladders, Al4.l-((+%9)) 1975, United States of and kept on file for a period of at least three months from the America Standards Institute, Inc., 10 East 40th Street, date of the completion of the operation for which the certifi- New York, N.Y. 10016, cate was generated. United States of America Standard Safety Code for Portable (2) Hot work requiring testing by a competent person. Metal Ladders, Al4.2-((-l-9:)6)) 1972, United States of (a) Hot work is not permitted in or on the following America Standards Institute, Inc., 10 East 40th Street, spaces or adjacent spaces or other dangerous atmospheres New York, N.Y. 10016, until they have been tested by a competent person and deter- United States of America Standard Safety Code for Head, mined to contain no concentrations of flammable vapors Eye, and Respiratory Protection, Z2. l-1959, United equal to or greater than 10 percent of the lower explosive States of America Standards Institute, Inc., 10 East 40th limit: Street, New York, N.Y. 10016, (i) Dry cargo holds; American Society of Mechanical Engineers, Boiler and Pres- (ii) The bilges; sure Vessel Code, Section VIII, Rules for Construction (iii) The engine room and boiler spaces for which a • of Unfired Pressure Vessels, American Society of marine chemist or a Coast Guard authorized person certifi- • Mechanical Engineers, 345 East 47th Street, New York, cate is not required under subsection (l)(a)(i) of this section; N.Y. 10017, and [ 29] Permanent WSR 03-04-099 Washington State Register, Issue 03-04 (iv) Vessels and vessel sections for which a marine (5) Tests to maintain a competent person's findings. chemist or Coast Guard authorized person certificate is not After a competent person has conducted a visual inspection required under subsection (l)(a)(i) of this section; and and tests required in WAC 296-304-02003, 296-304-02005, • (v) Land-side confined and enclosed spaces or other dan- and 296-304-02007 and determined a space to be safe for an • gerous atmospheres not covered by subsection (l)(a) of this employee to enter, he or she shall continue to test and visually section. inspect spaces as often as necessary to ensure that the (b) If the concentration of flammable vapors or gases is required atmospheric conditions within the tested space are maintained. equal to or greater than 10 percent of the lower explosive (6) Changes in conditions determined by competent per- limit in the space or an adjacent space where the hot work is son's findings. After the competent person has determined to be done, then the space shall be labeled "not safe for hot initially that a space is safe for an employee to enter and he or work" and ventilation shall be provided at volumes and flow she finds subsequently that the conditions within the tested rates sufficient to ensure that the concentration of flammable space fail to meet the requirements of WAC 296-304-02003, vapors or gases is below 10 percent by volume of the lower 296-304-02005, and 296-304-02007, as applicable, work explosive limit. The warning label may be removed when the concentration of flammable vapors and gases are below 10 shall be stopped until the conditions in the tested space are percent of the lower <!Xplosive limit. corrected to comply with WAC 296-304-02003, 296-304- 02005, and 296-304-02007, as applicable. Note to WAC 296-304-02007: See WAC 296-304-02013-Appendix A, for AMENDATORY SECTION (Amending WSR 98-02-006, additional information relevant to performing hot filed 12/26/97, effective 3/1/98) work safely. WAC 296-304-03007 Painting. All respirators required by this section must meet the requirements of chapter 296-62 AMENDATORY SECTION (Amending WSR 95-22-015, WAC,PartE. filed 10/20/95, effective 1/16/96) (1) Paints mixed with toxic vehicles or solvents. WAC 296-304-02009 Maintenance of safe conditions. (a) When employees spray paints mixed with toxic vehi- (1) Preventing hazardous materials from entering. Pipelines cles or solvents, the employer must ensure that the following that could carry hazardous materials into spaces that have conditions are met: been certified "safe for workers" or "safe for hot work" shall (i) In confined spaces, employees continuously exposed be disconnected, blanked off, or otherwise blocked by a pos- to spraying are protected by air line respirators. • itive method to prevent hazardous materials from being dis- (ii) In tanks or compartments, employees continuously • charged into the space. exposed to spraying are protected by air line respirators. (2) Alteration of existing conditions. When a change that Where mechanical ventilation is provided, employees are could alter conditions within a tested confined or enclosed protected by respirators. space or other dangerous atmosphere occurs, work in the (iii) In large and well ventilated areas, employees affected space or area shall be stopped. Work may not be exposed to spraying are protected by respirators. resumed until the affected space or area is visually inspected (b) The employer must ensure that where employees and retested and found to comply with WAC 296-304-02003, apply by brush paints with toxic solvents in confined spaces 296-304-02005, and 296-304-02007, as applicable. or other areas where lack of ventilation creates a hazard, the Note to (2): Examples of changes that would warrant the stoppage employees are protected by filter respirators. of work include: The opening of manholes or other (c) When flammable paints or vehicles are used, precau- closures or the adjusting ofa valve regulating the flow tions shall be taken in accordance with the requirements of of hazardous materials. WAC 296-304-03009. (3) Tests to maintain the conditions of a marine chemist's (d) The metallic parts of air moving devices, including or Coast Guard authorized person's certificates. A competent fans, blowers, and jet-type air movers, and all duct work shall person shall visually inspect and test each space certified as be electrically bonded to the vessel's structure. "safe for workers" or "safe for hot work," as often as neces- (2) Paints and tank coatings dissolved in highly volatile, sary to ensure that atmospheric conditions within that space toxic and flammable solvents. Several organic coatings, ((is)) are maintained within the conditions established by the adhesives and resins are dissolved in highly toxic, flammable certificate after the certificate has been issued. and explosive solvents with flash points below 80°F. Work (4) Change in the conditions of a marine chemist's or involving such materials shall be done only when all of the Coast Guard authorized person's certificate. If a competent following special precautions have been taken: person finds that the atmospheric conditions within a certi- (a) Sufficient exhaust ventilation shall be provided to fied space fail to meet the applicable requirements of WAC keep the concentration of solvent vapors below ten percent of 296-304-02003, 296-304-02005, and 296-304-02007, work the lower explosive limit. Frequent tests shall be made by a in the certified space shall be stopped and may not be competent person to ascertain the concentration. resumed until the space has been retested by a marine chemist (b) If the ventilation fails or if the concentration of sol-. or Coast Guard authorized person and a new certificate issued vent vapors ((rises abo•re)) reaches or exceeds ten percent of. in accordance with WAC 296-304-02007(1). the lower explosive limit, painting shall be stopped and the Permanent [ 30] Washington State Register, Issue 03-04 WSR 03-04-099 compartment shall be evacuated until the concentration again (n) The employer must ensure that all employees doing falls below ten percent of the lower explosive limit. If the exterior paint spraying with such paints are protected by suit- ~oncentration does not fall when painting is stopped, addi- able filter cartridge type respirators and by suitable protective .tional ventilation to bring the concentration down to ten per- clothing. cent of the lower explosive limit shall be provided. (c) Ventilation shall be continued after the completion of AMENDATORY SECTION (Amending WSR 95-04-006, painting until the space or compartment is gas free. The final filed 1/ 18/95, effective 3/ 10/95) determination as to whether the space or compartment is gas free shall be made after the ventilating equipment has been WAC 296-304-04001 Ventilation and protection in shut off for a least ten minutes. welding, cutting and heating. (I) Mechanical ventilation (d) Exhaust ducts shall discharge clear of working areas requirements. and away from sources of possible ignition. Periodic tests (a) For the purposes of this section, mechanical ventila- shall be made to ensure that the exhausted vapors are not tion shall meet the following requirements: accumulating in other areas within or around the vessel or dry (i) Mechanical ventilation shall consist of either general dock. mechanical ventilation systems or local exhaust systems. (e) All motors and control equipment shall be of the (ii) General mechanical ventilation shall be of sufficient explosion-proof type. Fans shall have nonferrous blades. Por- capacity and so arranged as to produce the number of air table air ducts shall also be of nonferrous materials. All changes necessary to maintain welding fumes and smoke motors and associated control equipment shall be properly within safe limits. maintained and grounded. (iii) Local exhaust ventilation shall consist of freely (f) Only nonsparking paint buckets, spray guns and tools movable hoods intended to be placed by the welder or burner shall be used. Metal parts of paint brushes and rollers shall be as close as practicable to the work. This system shall be of insulated. Staging shall be erected in a manner which ensures sufficient capacity and so arranged as to remove fumes and that it is nonsparking. smoke at the source and keep the concentration of them in the (g) Only 'explosion proof lights, approved by the Under- breathing zone within safe limits. writers' Laboratories for use in Class I, Group D atmo- (iv) Contaminated air exhausted from a working space spheres, or approved as permissible by the U.S. Bureau of shall be discharged into the open air or otherwise clear of the Mines or the U.S. Coast Guard, shall be used. source of intake air. (h) A competent person shall inspect all power and light- (v) All air replacing that withdrawn shall be clean and respirable . • ng cables to ensure that the insulation is in excellent condi- ~ion, free of all cracks and worn spots, that there are no con- (vi) Oxygen shall not be used for ventilation purposes, nections within fifty feet of the operation, that lines are not comfort cooling, blowing dust or dirt from clothing, or for cleaning the work area. overloaded, and that they are suspended with sufficient slack to prevent undue stress or chafing. (2) Welding, cutting and heating in confined spaces. (a) Except as provided in WAC 296-304-04001 (2)(c) (i) The face, eyes, head, hands and all other exposed and (3)(b), either general mechanical or local exhaust ventila- parts of the bodies of employees handling highly volatile tion meeting the requirements of (1) of this section shall be paints must be protected according to WAC 296-304-090. All provided whenever welding, cutting or heating is performed footwear must be nonsparking, such as rubbers, rubber boots in a confined space. or rubber soled shoes without nails. Coveralls or other outer (b) The means of access shall be provided to a confined clothing must be made of cotton. Rubber gloves, instead of space and ventilation ducts to this space shall be arranged in plastic gloves, must be used to protect against the danger of accordance with WAC 296-304-05011 (2)(a) and (b). static sparks. (c) When sufficient ventilation cannot be obtained with- (j) No matches, lighted cigarettes, cigars, or pipes, and out blocking the means of access, employees in the confined no cigarette lighters or ferrous articles shall be taken into the space shall be protected by air line respirators in accordance area where work is being done. with the requirements of chapter 296-62 WAC, Part E, and an .(k) All solvent drums taken into the compartment shall employee on the outside of such a confined space shall be be placed on nonferrous surfaces and shall be grounded to the assigned to maintain communication with those working vessel. Metallic contact shall be maintained between contain- within it and to aid them in an emergency. ers and drums when materials are being transferred from one (3) Welding, cutting or heating of metals of toxic signif- to another. icance. (I) Spray guns, paint pots, and metallic parts of connect- (a) Welding, cutting or heating in any enclosed spaces ing tubing shall be electrically bonded, and the bonded aboard the vessel involving the metals specified in this sub- assembly shall be grounded to the vessel. section shall be performed with either general mechanical or (m) The employer must ensure that all employees contin- local exhaust ventilation meeting the requirements of (1) of uously in a compartment in which such painting is per- this section. formed, are protected by air line respirators and by suitable (i) Zinc-bearing base or filler metals or metals coated rotective clothing. Employees entering such compartments with zinc-bearing materials. ~ for a limited time must be protected by filter cartridge type (ii) Lead base metals. respirators. (iii) Cadmium-bearing filler materials. [ 31] Permanent WSR 03-04-099 Washington State Register, Issue 03-04 (iv) Chromium-bearing metals or metals coated with may normally be done without mechanical ventilation or res- chromium-bearing materials. piratory protective equipment, but where, because of unusual (b) Welding, cutting, or heating in any enclosed spaces physical or atmospheric conditions, an unsafe accumulation aboard the vessel involving the metals specified in ·this sub- of contaminants exists, suitable mechanical ventilation or section shall be performed with local exhaust ventilation in respiratory protective equipment shall be provided. accordance with the requirements of (1) of this section or (b) Employees performing any type of welding, cutting employees shall be protected by air line respirators in accor- or heating shall be protected by suitable eye protective equip- dance with the requirements of chapter 296-62 WAC, Part E. ment in accordance with the requirements of ((WAC 296 (i) Metals containing lead, other than as an impurity, or 304 09001 (l) aREl (3))) Tables 1-lA and B (see below). metals coated with lead-bearing materials. (6) Residues and cargos of metallic ores. (ii) Cadmium-bearing or cadmium coated base metals. ((fa1)) Residues and cargos of metallic ores of toxic sig- (iii) Metals coated with mercury-bearing metals. nificance shall be removed from the area or protected from (iv) Beryllium-containing base or filler metals. Because the heat before welding, cutting or heating is begun. of its high toxicity, work involving beryllium shall be done with both local exhaust ventilation and air line respirators. TABLE I-IA (c) Employees .~erforming such operations in the open air shall be protected by filter type respirators in accordance FILTER LENSES FOR PROTECTION AGAINST with the requirements of WAC 296-304-09003, except that RADIANT ENERGY employees performing such operations on beryllium-contain- ing base or filler metals shall be protected by air line respira- MINIMUM torsin accordance with the requirements of chapter 296-62 ELECTRODE ARC PROTECTIVE WAC,PartE. OPERATIONS SIZE 1/32 IN CURRENT SHADE (d) Other employees exposed to the same atmosphere as Shielded metal arc Less than 3 Less than 60 I the welders or burners shall be protected in the same manner welding 3-5 60-I60 ii as the welder or burner. 5-8 I60-250 IO 250-550 11 (4) Inert-gas metal-arc welding. More than 8 (a) Since the inert-gas metal-arc welding process Gas metal arc welding Less than 60 I 60-160 IO involves the production of ultraviolet radiation of intensities and flux cored arc weld- ing I60-250 IO of 5 to 30 times that produced during shielded metal-arc 250-550 10 welding, the decomposition of chlorinated solvents by ultra- Gas Tungsten arc weld- Less than 50 ii violet rays, and the liberation of toxic fumes and gases, ing 50-150 ii employees shall not be permitted to engage in, or be exposed 150-500 10 to the process until the following special precautions have Air carbon arc cutting Less than 500 IO been taken: 500-1000 11 (i) The use of chlorinated solvents shall be kept at least Plasma arc welding Less than 20 Q two hundred feet from the exposed arc, and surfaces prepared 20-100 ii with chlorinated solvents shall be thoroughly dry before 100-400 10 welding is permitted on such surfaces. 400-800 11 (ii) Helpers and other employees in the area not pro- Plasma arc cutting !Light)** Less than 300 ii tected from the arc by screening as provided in WAC 206- (Medium)** 300-400 2 304-04011 (5) shall be protected by filter lenses meeting the (Heavy)** 400-800 10 requirements of ((WAC 296 304 09001 (l) aREl (3))) Tables Torch brazing J 1-lA and B (see below). When two or more welders are Torch soldering l exposed to each other's arc, filter lens goggles of a suitable Carbon Arc welding 14 type meeting the requirements of WAC 296-304-09001 (1) and (3) shall be worn under welding helmets or hand shields **These values apply where the actual arc is clearly seen. Lighter filters to protect the welder against flashes and radiant energy when may be used when the arc is hidden by the workplace. either the helmet is lifted or the shield is removed. (iii) Welders and other employees who are exposed to TABLEI-IB radiation shall be suitably protected so that the skin is cov- ered completely to prevent burns and other damage by ultra- FILTER LENSES FOR PROTECTION AGAINST violet rays. Welding helmets and hand shields shall be free of RADIANT ENERGY leaks and openings, and free of highly reflective surfaces. (iv) When inert-gas metal-arc welding is being per- PLATE MINIMUM* formed on stainless steel, the requirements of (3)(b) of this THICKNESS ... PROTECTIVE section shall be met to protect against dangerous concentra- OPERATIONS INCHES MM SHADE tions of nitrogen dioxide. Gas welding (5) General welding, cutting and heating. Light Under 1/8 Under 3.2 1 (a) Welding, cutting and heating not involving condi- Medium 1/8 - 112 3.2- 12.7 ~ t tions or materials described in (2), (3) or (4) of this section Heavy Over 1/2 Over 12.7 Q Permanent [ 32] Washington State Register, Issue 03-04 WSR 03-04-099 PLATE MINIMUM* cleat shall be nailed to the lower section to form a support for THICKNESS ... PROTECTIVE the upper section except when bolted connections are used. ~PERATIONS INCHES MM SHADE (c) All other poles to be spliced shall be squared at the Ox i gen cutting ends of each splice, abutted, and rigidly fastened together by Light Under I Under 25 l not less than two cleats securely nailed or bolted thereto. Medium l...:...Q 25 - 100 1 Each cleat shall overlap each pole end by at least 24 inches Heav:i: Over 6 Over 150 ~ and shall have a width equal to the face of the pole to which *As rule of thumb. start with a shade that is too dark to see the weld it is attached. The combined cross sectional area of the cleats zone. Then go to a lighter shade which gives sufficient view of the shall be not less than the cross sectional area of the pole. weld zone without going below the minimum. In owfuel gas welding (d) Ledgers shall extend over two consecutive pole or cutting where the torch produces a high i ellow light, it is desirable spaces and shall overlap the poles at each end by not less than to use a filter lens that absorbs the i ellow or sodium line in the viable 4 inches. They shall be left in position to brace the poles as light of the (spectrum) operation. the platform is raised with the progress of the work. Ledgers shall be level and shall be securely nailed or bolted to each AMENDATORY SECTION (Amending Order 76-7, filed pole and shall be placed against the inside face of each pole. 3/1176) (e) All bearers shall be set with their greater dimension WAC 296-304-05001 Scaffolds or staging. ( l) General vertical and shall extend beyond the ledgers upon which they requirements. rest. (a) All scaffolds and their supports whether of lumber, (f) Diagonal bracing shall be provided between the par- steel or other material, shall be capable of supporting the load allel poles, and cross bracing shall be provided between the they are designed to carry with a safety factor of not less than inner and outer poles or from the outer poles to the ground. four. (g) Minimum dimensions and spacing of members shall (b) All lumber used in the construction of scaffolds shall be in accordance with Table E-1 in WAC 296-304-07011. (h) Platform planking shall be in accordance with the be spruce, fir, long leaf yellow pine, Oregon pine or wood of equal strength. The use of hemlock, short leaf yellow pine, or requirements of (8) of this section. (i) Back.rails and toeboards shall be in accordance with short fiber lumber is prohibited. the requirements of (9) of this section. (c) Lumber dimensions as given are nominal except where given in fractions of an inch. (3) Independent pole metal scaffolds. • (d) All lumber used in the construction of scaffolds shall (a) Metal scaffold members shall be maintained in good • be sound, straight-grained, free from cross grain, shakes and repair and free of corrosion . large, loose or dead knots. It shall also be free from dry rot, (b) All vertical and horizontal members shall be fastened large checks, worm holes or other defects which impair its together with a coupler or locking device which will form a strength or durability. positive connection. The locking device shall be of a type (e) Scaffolds shall be maintained in a safe and secure which has no loose parts. condition. Any component of the scaffold which is broken, (c) Posts shall be kept plumb during erection and the burned or otherwise defective shall be replaced. scaffold shall be subsequently kept plumb and rigid by means (f) Barrels, boxes, cans, loose bricks, or other unstable of adequate bracing. objects shall not be used as working platforms or for the sup- (d) Posts shall be fitted with bases supported on a firm port of planking intended as scaffolds or working platforms. foundation to distribute the load. When wooden sills are (g) No scaffold shall be erected, moved, dismantled or used, the bases shall be fastened thereto. altered except under the supervision of competent persons. (e) Bearers shall be located at each set of posts, at each (h) No welding, burning, riveting or open flame work level, and at each intermediate level where working platforms shall be performed on any staging suspended by means of are installed. fiber rope. (f) Tubular bracing shall be applied both lengthwise and (i) Lifting bridles on working platforms suspended from crosswise as required. cranes shall consist of four legs so attached that the stability (g) Platform planking shall be in accordance with the of the platform is assured. requirements of (8) of this section. U) Unless the crane hook has a safety latch or is moused, (h) Back.rails and toeboards shall be in accordance with the lifting bridles on working platforms suspended from the requirements of (9) of this section. cranes shall be attached by shackles to the lower lifting block (4) Wood trestle and extension trestle ladders. or other positive means shall be taken to prevent them from (a) The use of trestle ladders, or extension sections or becoming accidentally disengaged from the crane hook. base sections of extension trestle ladders longer than 20 feet (2) Independent pole wood scaffolds. is prohibited. The total height of base and extension may, (a) All pole uprights shall be set plumb. Poles shall rest however, be more than 20 feet. on a foundation of sufficient size and strength to distribute (b) The minimum dimensions of the side rails of the tres- .the load and to prevent displacement. tle ladder, or the base sections of the extension trestle ladder, • (b) In light-duty scaffolds not more than 24 feet in shall be as follows: height, poles may be spliced by overlapping the ends not less (i) Ladders up to and including those 16 feet long shall than 4 feet and securely nailing them together. A substantial have side rails of not less than l 5116 x 2 3/4 inch lumber. [ 33] Permanent WSR 03-04-099 Washington State Register, Issue 03-04 (ii) Ladders over 16 feet long and up to and including (d) Each end of the scaffold platform shall be supported those 20 feet long shall have side rails of not less than l 5/ 16 by a wrought iron or mild steel stirrup or hanger, which in • x 3 inch lumber. turn is supported by the suspension ropes. • (c) The side rails of the extension section of the exten- (e) Stirrups shall be constructed so as to be equivalent in sion trestle ladder shall be parallel and shall have minimum strength to wrought iron 3/4 inch in diameter. dimensions as follows: (f) The stirrups shall be formed with a horizontal bottom (i) Ladders up to and including 12 feet long shall have member to support the platform, shall be provided with side rails of not less than l 5/ 16 x 2 1/4 inch lumber. means to support the guardrail and midrail and shall have a (ii) Ladders over 12 feet long and up to and including loop or eye at the top for securing the supporting hook on the those 16 feet long shall have side rails ofnot less than l 5116 block. x 2 112 inch lumber. (g) Two or more swinging scaffolds shall not at any time (iii) Ladders over 16 feet long and up to and including be combined into one by bridging the distance between them those 20 feet long shall have side rails of not less than l 5/ 16 with planks or any other form of platform. x 3 inch lumber. (Rev. 2-17-76) (h) No more than two ((ffteft)) persons shall be permitted to work at one time on a swinging scaffold built to the mini- (d) Trestle ladders and base sections of extension trestle mum specifications contained in this section. Where heavier ladders shall be so spread that when in an open position the construction is used, the number of ((ffteft)) persons permitted spread of the trestle at the bottom, inside to inside, shall be to work on the scaffold shall be determined by the size and not less than 5 1/2 inches per foot of the length of the ladder. the safe working load of the scaffold. (e) The width between the side rails at the bottom of the (i) Backrails and toeboards shall be in accordance with trestle ladder or of the base section of the extension trestle the requirements of (9) of this section. ladder shall be not less than 21 inches for all ladders and sec- U) The swinging scaffold platform shall be one of the tions 6 feet or less in length. For longer lengths of ladder the three types described in (k), (I), and (m) of this section. width shall be increased at least l inch for each additional (k) The ladder-type platform consists of boards upon a foot of length. The width between the side rails of the exten- horizontal ladder-like structure, referred to herein as the lad- sion section of the trestle ladder shall be not less than 12 der, the side rails of which are parallel. If this type of platform inches. is used the following requirements shall be met: (f) In order to limit spreading, the top ends of the side (i) The width between the side rails shall be no more than rails of both the trestle ladder and of the base section of the 20 inches. extension trestle ladder shall be beveled, or of equivalent (ii) The side rails of ladders in ladder-type platforms • construction, and shall be provided with a metal hinge. shall be equivalent in strength to a beam of clear straight- • (g) A metal spreader or locking device to hold the front grained spruce of the dimensions contained in Table E-2 in and back sections in an open position, and to hold the exten- WAC ((296 304 07013)) 296-304-07011. sion section securely in the elevated position, shall be a com- (iii) The side rails shall be tied together with tie rods. The ponent of each trestle ladder or extension trestle ladder. tie rods shall be not less than 5116 inch in diameter, located (h) Rungs shall be parallel and level. On the trestle lad- no more than 5 feet apart, pass through the rails, and be riv- der, or on the base section of the extension trestle ladder, eted up tight against washers at both ends. rungs shall be spaced not less than 8 inches nor more than 18 (iv) The rungs shall be of straight-grained oak, ash, or inches apart; on the extension section of the extension trestle hickory, not less than l 1/8 inches diameter, with 7/8 inch ladder, rungs shall be spaced not less than 6 inches nor more tenons mortised into the side rails not less than 7 /8 inch and than 12 inches apart. shall be spaced no more than 18 inches on centers. (i) Platform planking shall be in accordance with the (v) Flooring strips shall be spaced no more than 5/8 inch requirements of (8) of this section, except that the width of apart except at the side rails, where l inch spacing is permis- the platform planking shall not exceed the distance between sible. the ((siderails)) side rails. (vi) Flooring strips shall be cleated on their undersides. U) Backrails and toeboards shall be in accordance with (I) The plank-type platform consists of planks supported the requirements of (9) of this section. on the stirrups or hangers. If this type of platform is used, the (5) Painters' suspended scaffolds. following requirements shall be met: (a) The supporting hooks of swinging scaffolds shall be (i) The planks of plank-type platforms shall be not less constructed to be equivalent in strength to mild steel or than 2 x 10 inch lumber. wrought iron, shall be forged with care, shall be not less than (ii) The platform shall be no more than 24 inches in 7/8 inch in diameter, and shall be secured to a safe anchorage width. at all times. (iii) The planks shall be tied together by cleats of not less (b) The ropes supporting a swinging scaffold shall be than l x 6 inch lumber, nailed on their undersides at intervals equivalent in strength to first-grade 3/4 inch diameter manila of not more than 4 feet. rope properly rigged into a set of standard 6 inch blocks con- (iv) The planks shall extend not less than 6 inches nor sisting of at least one double and one single block. more than 18 inches beyond the supporting stirrups. • (c) Manila and wire ropes shall be carefully examined (v) A cleat shall be nailed across the platform on the. before each operation and thereafter as frequently as may be underside at each end outside the stirrup to prevent the plat- necessary to ensure their safe condition. form from slipping off the stirrup. Permanent [ 34] Washington State Register, Issue 03-04 WSR 03-04-099 (vi) Stirrup supports shall be not more than 10 feet apart. (c) Platform planking shall project beyond the support- (m) The beam-type platform consists of longitudinal side ing members at either end by at least 6 inches but in no case • stringers with cross beams set on edge and spaced not more shall project more than 12 inches unless the planks are fas- • than 4 feet apart on which longitudinal platform planks are tened to the supporting members. laid. If this type platform is used the following requirements (d) Table E-4 in WAC 296-304-07011 shall be used as a shall be met: guide in determining safe loads for scaffold planks. (i) The side stringers shall be of sound, straight-grained lumber, free from knots, and of not less than 2 x 6 inch lum- (9) Backrails and toeboards. ber, set on edge. (a) Scaffolding, staging, runways, or working platforms (ii) The stringers shall be supported on the stirrups with which are supported or suspended more than 5 feet above a a clear span between stirrups of not more than 16 feet. solid surface, or at any distance above the water, shall be pro- (iii) The stringers shall be bolted to the stirrups by U- vided with a railing which has a top rail whose upper surface bolts passing around the stirrups and bolted through the is from 42 to 45 inches above the upper surface of the staging, stringers with nuts drawn up tight on the inside face. platform, or runway and a midrail located halfway between (iv) The ends of the stringers shall extend beyond the the upper rail and the staging, platform, or runway. stirrups not Jess than 6 inches nor more than 12 inches at each (b) Rails shall be of 2 x 4 inch lumber, flat bar or pipe. end of the platform. When used with rigid supports, taut wire or fiber rope of ade- (v) The platform shall be supported on cross beams of 2 quate strength may be used. If the distance between supports x 6 inch lumber between the side stringers securely nailed is more than 8 feet, rails shall be equivalent in strength to 2 x thereto and spaced not more than 4 feet on centers. 4 inch lumber. Rails shall be firmly secured. Where exposed (vi) The platform shall be not more than 24 inches wide. (vii) The platform shall be formed of boards 7/8 inch in to hot work or chemicals, fiber rope rails shall not be used. thickness by not less than 6 inches in width, nailed tightly (c) Rails may be omitted where the structure of the ves- together, and ~xtending to the outside face of the stringers. sel prevents their use. When rails are omitted employees (viii) The ends of all platform boards shall rest on the top working more than 5 feet above solid surfaces shall be pro- of the cross beams, shall be securely nailed, and at no inter- tected by safety belts and life lines meeting the requirements mediate points in the length of the platform shall there by any of WAC ((296 304 09007)) 296-304-09021(2), and employ- cantilever ends. ees working over water shall be protected by personal flota- (6) Horse scaffolds. tion devices meeting the requirements of WAC ((296 304 (a) The minimum dimensions of lumber used in the con- 0900+)) 296-304-09017(1). struction of horses shall be in accordance with Table E-3 in (d) Employees working from swinging scaffolds which t WAC 296-304-07011. are triced out of a vertical line below their supports or from (b) Horses constructed of materials other than lumber scaffolds on paint floats subject to surging, shall be protected shall provide the strength, rigidity and security required of against falling toward the vessel by a railing or a safety belt horses constructed of 1 umber. and line attached to the backrail. ( c) The lateral spread of the legs shall be equal to not less than one-third of the height of the horse. (e) When necessary, to prevent tools and materials from (d) All horses shall be kept in good repair, and shall be falling on men below, toeboards of not Jess than 1 x 4 inch properly secured when used in staging or in locations where lumber shall be provided. they may be insecure. (10) Access to staging. (e) Platform planking shall be in accordance with the (a) Access from below to staging more than 5 feet above requirements of (8) of this section. a floor, deck or the ground shall consist of well secured stair- (f) Backrails and toeboards shall be in accordance with ways, cleated ramps, fixed or portable ladders meeting the (9) of this section. (7) Other types of scaffolds. applicable requirements of WAC 296-304-05003 or rigid type noncollapsible trestles with parallel and level rungs. (a) Scaffolds of a type for which specifications are not contained in this section shall meet the general requirements (b) Ramps and stairways shall be provided with 36-inch of (1), (8) and (9) of this section, shall be in accordance with handrails with midrails. recognized principles of design and shall be constructed in (c) Ladders shall be so located or other means shall be accordance with accepted standards covering such equip- taken so that it is not necessary for employees to step more ment. than one foot from the ladder to any intermediate landing or (8) Scaffold or platform planking. platform. (a) Except as otherwise provided in (5)(k) and (m), plat- (d) Ladders forming integral parts of prefabricated stag- form planking shall be of not less than 2 x 10 inch lumber. ing are deemed to meet the requirements of these regulations. Platform planking shall be straight-grained and free from large or loose knots and may be either rough or dressed. (e) Access from above to staging more than 3 feet below (b) Platforms of staging shall be not less than two 10 inch . the point of access shall consist of a straight, portable ladder • planks in width except in such cases as the structure of the meeting the applicable requirements of WAC 296-304-05003 • vessel or the width of the trestle ladders make it impossible to or a Jacob's ladder properly secured, meeting the require- provide such a width. ments of WAC 296-304-05007(4). [ 35 l Permanent WSR 03-04-099 Washington State Register, Issue 03-04 AMENDATORY SECTION (Amending Order 74-25, filed (g) Cleats (meaning rungs rectangular in cross section 517174) with the wide dimension parallel to the rails) shall be of the material used for side rails, straight-grained and free from • WAC 296-304-05003 Ladders. (1) General require- knots. Cleats shall be mortised into the edges of the side rails • ments. 1/2 inch, or filler blocks shall be used on the rails between the (a) The use of ladders with broken or missing rungs or cleats. The cleats shall be secured to each rail. with three lOd steps, broken or split side rails, or other faulty or defective common wire nails or fastened with through bolts or other construction is prohibited. When ladders with such defects fasteners of equivalent strength. Cleats shall be uniformly are discovered, they shall be immediately withdrawn from spaced not more than 12 inches apart. service. Inspection of metal ladders shall include checking (h) Cleats 20 inches or less in length shall be at least for corrosion of interiors of open end, hollow rungs. 25/32 x 3 inches in cross section. Cleats over 20 inches but (b) When sections of ladders are spliced, the ends shall not more than 30 inches in length shall be at least 25/32 x be abutted, and not fewer than 2 cleats shall be securely 3 3/4 inches in cross section. nailed or bolted to each rail. The combined cross sectional area of the cleats shall be not less than the cross sectional area (3) Construction of portable wood cleated ladders from 30 to 60 feet in length. of the side rail. The dimensions of side rails for their total length shall be those specified in (2) or (3) of this section. (a) Ladders from 30 to.60 feet in length shall be in accor- (c) Portable ladders shall be lashed, blocked or otherwise dance with the specifications of (2) of this section with the following exceptions: secured to prevent their being displaced. The side rails of lad- ders used for access to any level shall extend not less than 36 (i) Rails shall be of not less than 2,x 6 inch lumber. inches above that level. When this is not practical, grab rails (ii) Cleats shall be of not less than 1 x 4 inch lumber.. which will provide a secure grip for an employee moving to (iii) Cleats shall be nailed to each rail with five lOd com- or from the point of access shall be installed. mon wire nails or fastened with through bolts or other fasten- (d) Portable metal ladders shall be of strength equivalent ings of equivalent strength. to that of wood ladders. Manufactured portable metal ladders provided by the employer shall be in accordance with the pro- AMENDATORY SECTION (Amending Order 74-25, filed visions of the United States of America Standard Safety Code 517/74) for Portable Metal Ladders, Al4.2. (e) Portable metal ladders shall not be used near electri- WAC 296-304-05005 Guarding of deck openings and cal conductors nor for electric arc welding operations. edges. (1) When employees are working in the vicinity of • (f) Manufactured portable wood ladders provided by the flush manholes and other small openings of comparable size • employer shall be in accordance with the provisions of the in the deck and other working surfaces, such openings shall United States of America Standard Safety Code for Portable be suitably covered or guarded to a height of not less than 30 Wood Ladders, ((Al4:+)) A-14. inches, except where the use of such guards is made imprac- (2) Construction of portable wood cleated ladders up to ticable by the work actually in progress. 30 feet in length. (2) When employees are working around open hatches (a) Wood side rails shall be made from west coast hem- not protected by coamings to a height of 24 inches or around .. lock, eastern spruce, Sitka spruce, or wood of equivalent other large openings, the edge of the opening shall be strength. Material shall be seasoned, straight-grained wood, guarded in the working area to a height of 36 to 42 inches, and free from shakes, checks, decay or other defects which except where the use of such guards is made impracticable by will impair its strength. The use of low density woods is pro- the work actually in progress. hibited. (3) When employees are exposed to unguarded edges of (b) Side rails shall be dressed on all sides, and kept free decks, platforms, flats, and similar flat surfaces, more than 5 of splinters. feet above a solid surface, the edges shall be guarded by ade- ( c) All knots shall be sound and hard. The use of material quate guardrails meeting the requirements of WAC 296-304- containing loose knots is prohibited. Knots shall not appear 05001 ( l )(a) and (b ), unless the nature of the work in progress on the narrow face of the rail and, when in the side face, shall or the physical conditions prohibit the use or installation of be not more than 1/2 inch in diameter or within 1/2 inch of the such guardrails. edge of the rail or nearer than 3 inches to a tread or rung. (4) When employees are working near the unguarded (d) Pitch pockets not exceeding 1/8 inch in width, 2 edges of decks of vessels afloat, they shall be protected by inches in length and 1/2 inch in depth are permissible in wood buoyant ((work Yests)) personal flotation devices, meeting side rails, provided that not more than one such pocket the requirements of WAC ((290 304 09007)) 296-304- appears in each 4 feet of length. 09017( 1). (e) The width between side rails at the base shall be not (5) Sections of bilges from which floor plates or gratings less than 11 1/2 inches for ladders 10 feet or less in length. have been removed shall be guarded by guardrails except For longer ladders this width shall be increased at least 1/4 where they would interfere with work in progress. If these inch for each additional 2 feet in length. open sections are in a walkway at least two IO~inch planks • (f) Side rails shall be at least 1 5/8 x 3 5/8 inches in cross placed side by side, or equivalent, shall be laid across the • section. opening to provide a safe walking surface. Permanent [ 36] Washington State Register, Issue 03-04 WSR 03-04-099 (6) Gratings, walkways, and catwalks, from which sec- (b) Employees must work from scaffolds when visually • tions or ladders have been removed, shall be barricaded with restricted by: • adequate guardrails. • Blasting hoods; •Welding helmets; and AMENDATORY SECTION (Amending Order 74-25, filed • Burning goggles; except 517/74) • For the initial and final welding or burning operation to start or complete a job such as the erection and dismantling of WAC 296-304-05009 Access to and guarding of dry hung scaffolding; or docks and marine ((reiliegs)) railways. (1) A gangway, •Other similar, nonrepetitive jobs of brief duration. ramp or permanent stairway of not less than 20 inches walk- (3) For work performed in restricted quarters, such as ing surface, of adequate strength, maintained in safe repair behind boilers and in between congested machinery units and and securely fastened, shall be provided between a floating piping, work platforms at least 20 inches wide meeting the dry dock and the pier or bulkhead. requirements of WAC 296-304-05001 (8)(b) shall be used. (2) Each side of such gangway, ramp or permanent stair- Backrails may be omitted if bulkheading, boilers, machinery way, including those which are used for access to wing walls units, or piping afford proper protection against falling. from dry dock floors, shall have a railing with a midrail. Such (4) When employees are boarding, leaving, or working railings on gangways or ramps shall be approximately 42 from small boats or floats, they shall be protected by personal inches in height; and railings on permanent stairways shall be flotation devices meeting the requirements of WAC ((±96- not less than approximately 30 or more than approximately 3Q4 09QQ7)) 296-304-09017(1). 34 inches in height. Rails shall be of wood, pipe, chain, wire, or rope and shall be kept taut at all times. AMENDATORY SECTION (Amending Order 74-25, filed (3) Railings meeting the requirements of (2) of this sec- 517174) tion shall be provided on the means of access to and from the floors of graving docks. WAC 296-304-06003 Illumination. ( 1) All means of (4) Railings approximately 42 inches in height, with a access and walkways leading to working areas as well as the ((Htid rail)) midrail, shall be provided on the edges of wing working areas themselves shall be adequately illuminated. walls of floating dry docks and on the edges of graving docks. (2) Temporary lights shall meet the following require- Sections of the railings may be temporarily removed where ments: • necessary to permit line handling while a vessel is entering or (a) Temporary lights shall be equipped with guards to • leaving the dock. prevent accidental contact with the bulb, except that guards (5) When employees are working on the floor of a float- are not required when the construction of the reflector is such ing dry dock where they are exposed to the hazard of falling that the bulb is deeply recessed. into the water, the end of the dry dock shall be equipped with (b) Temporary lights shall be equipped with heavy duty portable stanchions and 42 inch railings with a midrail. When electric cords with connections and insulation maintained in such a railing would be impracticable or ineffective, other safe condition. Temporary lights shall not be suspended by effective means shall be provided to prevent ((ffteft)) employ- their electric cords unless cords and lights are designed for ees from falling into the water. this means of suspension. Splices which have insulation (6) Access to wingwalls from floors of dry docks shall be equal to that of the cable are permitted. by ramps, permanent stairways or ladders meeting the appli- ( c) Cords shall be kept clear of working spaces and walk- cable requirements of WAC 296-304-05003. ways or other locations in which they are readily exposed to · (7) Catwalks on stiles of marine railways shall be no less damage. than 20 inches wide and shall have on at least one side a (3) Exposed noncurrent-carrying metal parts of tempo- guardrail and midrail meeting the requirements of WAC 296- rary lights furnished by the employer shall be grounded either 304-05001 (9)(a) and (b). through a third wire in the cable containing the circuit con- ductors or through a separate wire which is grounded at the AMENDATORY SECTION (Amending WSR 98-02-006, source of the current. Grounding shall be in accordance with filed 12/26/97, effective 3/1/98) the requirements of WAC 296-304-08003(2). (4) Where temporary lighting from sources outside the WAC 296-304-05013 Working surfaces. (1) When vessel is the only means of illumination, portable emergency firebox floors present tripping hazards of exposed tubing or lighting equipment shall be available to provide illumination of missing or removed refractory, sufficient planking to for safe movement of employees. afford safe footing shall be laid while work is being carried (5) Employees shall not be permitted to enter dark spaces on within the boiler. without a suitable portable light. The use of matches and (2) The employer must provide and ensure the use of fall open flame lights is prohibited. In nongas free spaces, porta- protection when employees work aloft or elsewhere at eleva- ble lights shall meet the requirements of WAC 296-304- • tions more than 5 feet above a solid surface. 02005 (2)fil. • (a) Employees must be protected by the use of scaffolds, (6) Temporary lighting stringers or streamers shall be so ladders, or personal protection equipment according to WAC arranged as to avoid overloading of branch circuits. Each 296-304-09021, or 296-304-09023. branch circuit shall be equipped with overcurrent protection [ 37] Permanent WSR 03-04-099 Washington State Register, Issue 03-04 of capacity not exceeding the rated current carrying capacity (5) Slings shall be padded by means of wood blocks or of the cord used. other suitable material where they pass over sharp edges or comers of loads so as to prevent cutting or kinking. • (6) Skips shall be rigged to be handled by not less than 3 • AMENDATORY SECTION (Amending Order 74-25, filed 517174) legged bridles, and all legs shall always be used. When open end skips are used, means shall be taken to prevent the con- WAC 296-304-07009 Hoisting and hauling equip- tents from falling. ment. (1) Derrick and crane certification: (7) Loose ends of idle legs of slings in use shall be hung (a) Derricks and cranes which are part of, or regularly on the hook. placed aboard barges, other vessels, or on wingwalls of float- (8) Employees shall not be permitted to ride the hook or ing drydocks, and are used to transfer materials or equipment the load. from or to a vessel or drydock, shall be tested and certificated (9) Loads (tools, equipment or other materials) shall not in accordance with the standards provided in WAC 296-304- be swung or suspended over the heads of employees. 130 gear certification, by persons accredited for that purpose. ( 10) Pieces of equipment or structure susceptible to fall- (b) Subsection (a) of this section shall take effect 180 ing or dislodgement shall be secured or removed as early as days after the effective date of the amendment. possible. (2) The moving parts of hoisting and hauling equipment (11) An individual who is familiar with the signal code shall be guarded. in use shall be assigned to act as a signalman when the hoist (3) Mobile crawler or truck cranes used on a vessel: operator cannot see the load being handled. Communications (a) The maximum manufacturer's rated safe working shall be made by means of clear and distinct visual or audi- loads for the various working radii of the boom and the max- tory signals except that verbal signals shall not be permitted. imum and minimum radii at which the boom may be safely (12) Pallets, when used, shall be of such material and used with and without outriggers shall be conspicuously construction and so maintained as to safely support and carry the loads being handled on them. posted near the controls and shall be visible to the operator. A radius indicator shall be provided. (13) A section of hatch through which materials or (b) The posted safe working loads of mobile crawler or equipment are being raised, lowered, moved, or otherwise truck cranes under the conditions of use shall not be shifted manually or by a crane, winch, hoist, or derrick, shall be completely opened. The beam or pontoon left in place exceeded. adjacent to an opening shall be sufficiently lashed, locked or ( 4) Accessible areas within the swing radius of the outer- t otherwise secured to prevent it from ((being ttnshipped)) most part of the body of a revolving derrick or crane ((eithef)) moving so that it cannot be displaced by accident. whether permanently or temporarily mounted, shall be (14) Hatches shall not be opened or closed while guarded in such a manner as to prevent an employee from being in such a position as to be struck by the crane or caught employees are in the square of the hatch below. between the crane and fixed parts of the vessel or of the crane (15) Before loads or empty lifting gear are raised, low- itself. ered, or swung, clear and sufficient advance warning shall be given to employees in the vicinity of such operations. (5) Marine railways: (16) At no time shall an employee be permitted to place (a) The cradle or carriage on the marine railway shall be himself in hazardous position between a swinging load and a positively blocked or secured when in the hauled position to fixed object. prevent it from being accidentally released. TABLEE·l AMENDATORY SECTION (Amending Order 74-25, filed 517174) DIMENSIONS AND SPACING OF WOOD INDEPENDENT-POLE SCAFFOLD MEMBERS WAC 296-304-07011 Use of gear. (1) Loads shall be safely rigged before being hoisted. Light duty Heavy duty (2) Plates shall be handled on and off hulls by means of <Up to 25 pounds {25 to 75 pounds Structural per sguare foot) shackles whenever possible. Clips or pads of ample size shall Members be welded to the plate to receive the shackle pins whenever Height in feet there are no holes in the plate. When it is not possible to make <24 >24<40 40<60 <24 >24<40 40<60 Poles or uprights (in holes in or to weld pads to the plate, alligator tongs, grab inches) . . . . . . . . . . . . . . . . . 2x4 3x4 hooks, grab clamps or screw clamps may be used. In such cases special precautions shall be taken to keep employees Q[ from under such lifts. Bearers <in inches) . . . . . . . . 2x4 2x6 2x8 2x10 (3) Tag lines shall be provided on loads likely to swing Ledgers <in inches) . . . . . . . 2x6 2x6 2x8 or to need guidance. Stringer{notsupport- (4) When slings are secured to eyebolts, the slings shall ing bearers) fin be so arranged, using spreaders if necessary, that the pull is inches) ................ Ix6 lx6 Ix6 within 20 degrees of the axis of the bolt. Braces <in inches) lx4 Jx6 lx6 Jx6 lx6 Permanent [ 38] Washington State Register, Issue 03-04 WSR 03-04-099 Light duty Heavy duty Lumber Span in Feet (Up to 25 pounds (25 to 75 pounds dimensions Structural per square foot) in inches 8 JO 11. Members Height in feet A-3 x 8 < 24 >24<40 40<60 <24 >24<40 40<60 B-2 5/8 x 7 1/2 Pole spacing-longi- A-3 x IO tudinally (in feet) . . . . . . . 7 1/2 7 112 1 B-2 5/8 x 9 112 Pole spacing-trans- versely (in feet) . . . . . . . . 6 112 7 1/2 min 8 112 6 112 A-3 x 12 lQ B-2 5/8 x 11 1/2 Ledger spacing-verti- (Ab-Rough lumber. cally <in feet) . . . . . . . . . . 1 IB}--Dressed lumber. TABLE G-1 TABLEE-2 MANILA ROPE SPECIFICATIONS FOR SIDE RAILS OF LADDERS <in pounds or tons of 2000 pounds) Cross section <in inches) At ends At center Cir- Dia- 15 ......................... I 7/8 x 2 3/4 cum- meter I 718 x 3 3/4 fer- in 16 ......................... I 7/8 x 2 3/4 I 7/8 x 3 3/4 ence Inches 17 ......................... I 7/8 x 3 I 7/8 x 4 ? 18 ......................... I 7/8 x 3 I 7/8x4 3/4 114 120 lbs. 204 lbs. 170 lbs. 120 lbs. 20 ......................... I 7/8 x 3 I 7/8 x 4 1/2 l 5116 200 346 282 200 24 ......................... I 7/8 x 3 I 7/8 x 4 1/2 1-1/8 3/8 270 467 380 270 1-114 7/16 350 605 493 350 TABLEE-3 1-3/8 15/32 450 775 635 450 SPECIFICATIONS FOR THE CONSTRUCTION OF HORSES 1-112 1/2 530 915 798 530 1-3/4 9116 690 1190 973 690 • Structural Height in feet I' ~~~--=M=e=m=b=er=s'--~~~~~<=l=0~~--'>==10<==1=6~~~16_<_2_0~ 2 5/8 880 1520 1240 880 2-114 314 1080 1870 1520 I080 Inches 2-112 13/16 1300 2250 1830 1300 Legs .................. . 2x4 3x4 4x6 2-3/4 7/8 1540 2660 2170 1540 Bearers or headers 2x6 2x8 4x6 1. l 1800 3120 2540 1800 Crossbraces ............ . 2x4 2x6 3-114 1-1/16 1.0 tons 1.7 tons 1.4 tons 1.0 tons Q[ 3-1/2 1-1/8 u Jx8 Ll u 3-3/4 1-1/4 Longitudinal braces ...... . ill 2.3 2x4 .L2 ill 2x6 1- 1-5/16 Ll. 2.6 u Ll. 4-1/2 1-1/2 ll li ll TABLEE-4 i. 1-5/8 2.25 3.9 2.25 5-1/2 1-3/4 2.6 SAFE CENTER LOADS FOR SCAFFOLD PLANK 4.5 2.6 OF 1.100 POUNDS FIBRE STRESS Q_ 2 .Ll. 5.4 .Ll. 6-1/2 2-1/8 3.6 6.2 3.6 [Codification note: The graphic presentation of this table has been varied in order that it would fall within the printing specifi- TABLEG-2 cations for the Washington Administrative Code. The following table had lumber dimensions in the table heading typed in verti- RATED CAPACITIES FOR IMPROVED PLOW cally across the page while the remainder of the table was typed STEEL. INDEPENDENT WIRE ROPE CORE. horizontally on the page. The "Span in Feet" materials (6 through WIRE ROPE AND WIRE ROPE SLINGS 16) which ran top to bottom has been switched to run left to right (in tons of 2000 pounds) on the page. The "Lumber dimensions in inches" which ran left to right on the page has been switched to run top to bottom on the SINGLE LEG ~ Rope Lumber Span in Feet Dia. dimensions Inches A B c in inches IO 6Xl9 CLASSIFICATION A-2 x IO 114" .59 .53 .44 .40 B-1 5/8 x 9 112 ill 3/8" .Ll. Ll .98 .86 A-2 x 12 112" 2.3 2.0 Ll B-15/8 x II 112 309 232 186 155 133 116 5/8" 3.6 3.0 2.7 2.2 [ 39] Permanent WSR 03-04-099 Washington State Register, Issue 03-04 SINGLE LEG TWO - LEG BRIDLE OR BASKET HITCH Rope Dia. Inches A B c A 3/4" D 4.9 4.2 3.8 Dia. 7/8" 6.9 6.6 5.5 5.2 Inches A B c l'.'. 9.0 8.5 7.2 6.7 6Xl9 CLASSIFICATION 1-118" 11.0 10.0 9.0 8.5 1/4" .56 6X37 CLASSIFICATION 3/8" il ti Ll 1-114" 9.2 112" 3.2 .1.l 2.8 2.2 1-3/8" lL 5/8" D 4.8 4.2 3.4 1-112" ll 3/4" 7.2 6.9 5.9 4.9 1-3/4" lli. 7/8" 9.8 9.3 7.8 6.6 £'. 23. l'.'. 8.5 ll lb ill 2-114" 29. 1-118" 16. li ll ill 6X37 CLASSIFICATION (A) - Socket or swaged terminal attachment 1-1/4" (8) - Mechanical sleeve attachment. 1-3/8" (C) - Hand tucked splice attachment. 1-112" 1-3/4" TABLEG-3 2" RATED CAPACITIES FOR 2-1/4" IMPROVED PLOW STEEL. (A) - Socket or swaged terminal attachment. INDEPENDENT WIRE ROPE CORE. (B) - Mechanical sleeve attachment. WIRE ROPE SLINGS (C) - Hand tucked splice attachment. (in tons of 2000 pounds) TABLEG-4 [Codification note: The graphic presentation of this table has been varied slightly in order that it would fall within the printing RATED CAPACITIES FOR specifications for the Washington Administrative .Code. The fol- IMPROVED PLOW STEEL, lowing table was too wide to be accommodated •.n .the width of FIBER CORE. WIRE ROPE AND the WAC column. The table as codified has been d1v1ded mto two WIRE ROPE SLINGS tables covering the "TWO LEG BRIDLE OR BASKET (in tons of 2000 pounds) HITCH" for 6xl9 Classification and for 6x37 Classification. Part One has Rope Diameter in Inches for Vertical and 60° within the SINGLE LEG two classifications. Part Two has Rope Diameter in Inches for Rope 45° and 30° within the two classifications.] Dia. Inches A TWO - LEG BRIDLE OR BASKET HITCH 6Xl9 CLASSIFICATION <TABLE G-3: Part 1 Vertjcal and 60° Positions) .38 .37 .u .Ll .85 .80 Rope li 2.0 il Ll. lA Dia. 3.3 2.8 2.3 .li li Inches A B c A 4.8 4.4 3.9 3.3 2.9 6Xl9 CLASSIFICATION 4.5 3.9 6.4 5.9 D 114" Ll .1.Q .92 l 8.4 7.7 6.7 ~ 5.0 3/8" 2.6 2.5 2.3 2.0 1-1/8 10. 9.5 8.4 6.3 L.l ll£'. 4.6 4.4 3.9 3.4 6X37 CLASSIFICATION 5/8" 7.2 6.8 6.0 5.2 1-114 7.4 3/4" ill 9.7 8.4 7.3 1-3/8 8.9 li 7/8" 1±, ll lL 9.6 1-112 ill .lL l'.'. lli. .lL 1±, li lb 1-3/4 24. Ho 1-118" 23. 21. 18. lli. ~ 2 31. lli. 6X37 CLASSIFICATION (A) - Socket or swaged terminal attachment. 1-1/4" li lli. (B) - Mechanical sleeve attachment. 1-3/8" 25. 22. (C) - Hand tucked splice attachment. 1-1/2" 30. 26. 1-3/4" 1L 35. £'. 53. 46. 2-114" 66. 57. Permanent [ 40] Washington State Register, Issue 03-04 WSR 03-04-099 TABLE G-5 TABLE G-6 RATED CAPACITIES FOR IMPROVED PLOW NUMBER AND SPACING OF U-BOL T WIRE STEEL. FIBER CORE. WIRE ROPE SLINGS ROPE CLIPS (in tons of 2000 pounds) !Codification note: The graphic presentation of this table has been varied Number of Clips slightly in order that it would fall within the printing specifications for the Improved Washington Administrative Code. The following table was too wide to be plow accommodated in the width of the WAC column. The table as codified has steel rope Minimum been divided into two tables covering the "TWO - LEG BRIDLE OR BAS- diameter spacing KET HITCH" for 6xl9 Classification and for 6x37 Classification. Part One inches (inches) has Rope Diameter in Inches for Vertical and 60° within the two classifica- tions. Part Two has Rope Diameter in Inches for 45° and 30° within the two * classifications.] 1/2 ............ . J. 5/8 ............ . 3 3/4 TWO - LEG BRIDLE OR BASKET HITCH 3/4 ............ . 4 1/2 (TABLE G-5: Part 1-Vertical and 60° Positions) 7/8 ............ . 5 1/4 Rope I . . . . . . . . . . . . . . . Q Dia. I 1/8 ............ . 6 3/4 I 1/4 ............ . Inches 7 112 I 3/8 ............ . 6Xl9 CLASSIFICATION 8 114 .95 Ll .L.Q I 1/2 ............ . .99 9 2.4 2.2 il u *Three clips shall be used on wire size less than 1/2-inch diamete·r. 4.3 3.9 3.7 3.4 3.2 TABLEG-7 6.7 6.2 5.6 5.8 5.3 4.8 9.5 8.8 7.8 8.2 7.6 6.8 WROUGHT IRON CHAIN .ll R .ill. lL .ill. 8.9 (in pounds or tons of 2000 pounds) lL li .ll lL Nominal Single 60° 45° 30° lL 1.2., lL .lQ, li. Size 1&g 6X37 CLASSIFICATION Chain Stock 1-114 1.2., lL Inch 1-3/8 23. 20. 1-112 27. 24. * 1/4 1060 1835 1500 1060 1-3/4 37. 33. * 5116 1655 2865 2340 1655 l 48. 43. 3/8 2385 3370 2385 .u * 7116 3250 2.8 2.3 3250 TWO - LEG BRIDLE OR BASKET HITCH 1/2 ill <TABLE G-5: Part 2-45° and 30° Positions) ill .LlJ) ill * 9/16 ill H& ill Rope 30° ~ 5/8 -.c ill ......_ ill 14.7 ill Dia. I 3/4 14.8 ID .lhl ~ Inches 7/8 ill m ill 6X 19 CLASSIFICATION l ill ID 12.0 ill .77 .72 .70 .55 .21 .49 I- 118 10.0 ill li.l 10.0 .Ll .L.Q .Ll. Ll. Ll 1- 114 12.4 21.4 ill 12.4 3.0 2.8 2.6 u 2.0 il I- 3/8 15.0 25.9 lLl li,Q 4.7 4.4 4.0 3.3 .11 2.8 1- 112 ill 30.8 25.2 ill 6.7 6.2 5.5 4.8 4.4 3.9 1- 5/8 20.9 36.2 29.5 20.9 2J. 8.4 7.3 6.4 5.9 .u I- 3/4 24.2 42.0 34.3 24.2 R lL 9.4 8.4 7.7 6.7 I- 7/8 27.6 47.9 m 27.6 li .ll R IO. 9.5 8.4 l 31.6 54.8 44.8 ill 6X37 CLASSIFICATION *These sizes of wrought iron chain are no longer manufactured in 1-1/4 9.8 the United States. 1-3/8 R 1-112 li. 1-3/4 1.2., 2 25. CA> - Socket or swaged terminal attachment. (B) - Mechanical sleeve attachment. (C) - Hand tucked splice attachment. [ 41] Permanent WSR 03-04-099 Washington State Register, Issue 03-04 TABLEG-8 Material Pin Safe size diameter working ALLOY STEEL CHAIN (inches) load (in tons of 2000 pounds) 1 1/4 .............................. . 1 3/8 8.2 Nominal 1 3/8 .............................. . I 1/2 10.0 ~ Size 1 1/2 .............................. . I 5/8 ill Chain 1 3/4 .............................. . l 16.2 Stock ~ 8 21.2 2 ................................. . 81~1 2 1/4 Inch .Lfil. 2.82 2.27 .Lfil. AMENDATORY SECTION (Amending WSR 98-02-006, 3.30 5.70 4.65 3.30 filed 12/26/97, effective 3/1/98) 5.62 9.75 7.90 5.62 WAC 296-304-07013 Qualifications of operators. ( 1) 8.25 14.25 11.65 8.25 When ship's gear is used to hoist materials aboard, a compe- ill ~ .lQ,l ill tent person shall determine that the gear is properly rigged, .!..D. 24.9 20.3 14.3 that it is in safe condition, and that it will not be overloaded l m 33.4 27.3 m by the size and weight of the lift. 1-1/8 22.2 38.5 ill 22.2 (2) Only those employees who understand the signs, 1-1/4 28.7 49.7 40.5 28.7 notices, and operating instructions, and are familiar with the 1-3/8 n.2 58.0 47.0 33.5 signal code in use, shall be permitted to operate a crane, 1-1/2 39.7 68.5 56.0 39.7 winch, or other power operated hoisting apparatus. 1-5/8 42.5 73.5 59.5 42.5 (3) No employee known to have defective uncorrected 1-3/4 47.0 lli 62.0 47.0 eyesight or hearing, or to be suffering from heart disease, epi- lepsy, or similar ailments which may suddenly incapacitate TABLEG-9 him, shall be permitted to operate a crane, winch or other power operated hoisting apparatus. MAXIMUM ALLOWABLE WEAR AT ANY POINT OF LINK (4) No minor under eighteen years of age shall be employed in occupations involving the operation of any Maximum power-driven hoisting apparatus or assisting in such opera- allowable tions by work such as hooking on, loading slings, rigging • wear in gear, etc. • Chain size fraction in inches of inches 1/4 (9/32) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3/64 ({Tt.BbE E 1 3/8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5164 DIMB!'ISIONS Al'ID SPACl!'IC Of WOOD 1/2................................................. 7/64 INDBPB!'IDB!'IT POLB SCAffOLD MBMBBRS 5/8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9/64 314 ................................................ . 5/32 Light Eluty Heav~· Eluty 7/8 ................................................ . 1/64 (Ufl le 25 JlellABS (25 le 75 JlellABS Strnemral 1 ................................................... . Jler SE(llare feet) 3/16 7/32 1 1/8 ............................................... . Height iA feet 1 1/4 ............................................... . 1/4 I 3/8 ............................................... . 9/32 Peles er uprights (iA 1 1/2 ............................................... . 5/16 iHehes1- .. ......... : 1 3/4 ............................................... . 1/32 er ~ TABLE G-10 Bearers (iA iAehes) . . . . . 2*4 ~ ~ LeElgers (iA iAehes) . . . . ~ ~ ~ SAFE WORKING LOADS FOR SHACKLES StriAger (net Sllflflerl (in tons of 2.000 pounds) iAg bearers) (iA Material Pin Safe -iAehest- ............ . .J.*6 size diameter working Braees (iA iAehes) .... . -k4 .J.*6 (inches) finches) load Pele SJlaeiAg leAgi 1/2 ............................. . !A t11Elinally (in feet) ..... ~ ~ ~ + 5/8 ............................. . 2.2 Pele SJlaeing trans 3/4 ............................. . versely (in feet) ..... . 6-1-4- 7--l+2- 8--14- e-IR -Hl min 7/8 ............................. . min l 4.3 Ledger SJlaeiAg 1 ................................ . \\u2022erti 1 1/8 5.6 eally (in feet) ..... . 4-l-12 + t 1 1/8 ..................... . 1 114 6.7 Permanent [ 42 J lll lUl!Wl ld [ £t>] 8tt-t t 6(fl ft(j 66tt 6(fl 'Jtf6 ttH ()ti gut ff6 ()ti ffl" ffl-t 6tt ffl ft± 6tt ffi§t 65f f61> Sffl 65f ~ ttt-t 6t't 68f ~ 6t't %tf &tt-t Wt 't%C m OO't 'JttS t ~~ ~ ~ vtt 1'tf- ·111awqaeue aa!1ds pai1ara_ flHBH (;J) - eaua "1119llilf91!'!!'0 9,\99fS fll9!Hlllf99t'<i (g) -l9j 111a11111aene 1e11RU1a1 aage:ns 10 1a)fa0« iv) vv V36~ m9lll '"St '6t "'ff "'Sf 'tt ;;ttH ~ *ST ~ -l!ffi -if.:) '6C 'ff '"St ~ '6f 'ff ..c ~ '§"t '%t '"6t '6C 1'C ~ ;;ttH speR0i I OOOcJ0 s110110 sp11110i I 111) 'tt 'ff "'Vt 'ff "'tt '6T ;;Vt-t 'ildOtl V91NVt'll % 'tt "Ct 'ff '§"t ~ ~ ;;TtH I D 39H'¢± (ft ft 6'6 itt ~ 'ff l<!Ol±V:Jld!SSV"IJ t£X9 ·1alflllRI passao1a ffi1 %") ft 6'U tffit lftt ~ "19lflliRj ljgR91:1 M tt H ft 'Et ft {f6 -;;i" Wt m t>OV ttv Sffl tm Cll II 1c 8/s c H tt ft tt ~ ;;%ft tt*rV tt ft tt ft ;;ttf OSt m fft oev 069 t')'} m 61E8tsc s: ft (ff tt ;;i!fS 6t*f-V ft tt ft (ft ft ;;iff" t6t m ~ '}ff ffi 9't"S m tJE8tsc s: ~ w &tr ft ft ~ %*t-V 8V' l¥ w fr ~ ~ ;;ttt '1tt fft §"St ~ ffC 66f Cll 1 l Jc 8/s I H NOl±\fL)hf!Sv • ·~ v•M ~ tt*'t-'v' J tt \f J tt v ~ "'ll!G 6tt 8tt fft 't6"t 9S't C/161~- ~ '}t tt ft 6t % 9 ~ 5119!51181!l!fl gill a1g1115 1aa.i 111 uei:I« ~ (SfJllR0i:I OOO't j0 se0111!) 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'~ '~ I 6'% '6t 'tt '6t 'C"t 'ff %1t ~ ~ ~ ~ %") ft ~ ft %'% ft trtf ~ JaEfl6 11&.itt ~ a!leJ 1aa15 ft tt t'9 tt m WR!ll!ll!~'i Met4 3 ft v 3 ft v 5altaut ea;o.011iw1 ~ sll1n 10 J88WR Id *6'J ~ 660-P0-£0 llSM P0·£0 anss1 '.1alS!~a3 a18lS UO:J~U!QSBM WSR 03-04-099 Washington State Register, Issue 03-04 TABLel IA PILTBR beJ>ISeS FOR PROTBCTIOl>I AGAIJ>IST ~ ~ 68 OPeRATIONS S16e l/32 11>1 RADIANT el>rnRGY CURReJ>IT SHADB Mll>llMUM eLeCTRODe A-Rb PROTeCTJl,1e U.,'.7- 49,.'.7 ~ U.,'.7- ~ 4+.Q ~ Shielded metal are Less thaR 3 Less thaR 61:l + ¥).;I. weldillg H @-].@ s ~ H ~ +l:l ~ ~ ~ H Mefe lhaR 8 ~ 4+.Q 8-H ~ 4+.Q Gas mellll w-e weldi11g Less thaR 61:l + aRd !l11ll eered afe weld @-].@ +l:l TABLeG 9 ffig ~ +l:l ~ +l:l MAXIMUM ALLOWABLE; WeAR AT Less thaR Sl:l Gas T11RgsteR aFe •deld Al>IY POINT Of Lil>IK s ffig ~ s Mallim11m ~ +l:l allewable Aif eaFbe11 afe e11!1iRg Less 1h1111 Sl ll l +l:l welll'-ffi Sl ll l Hll ll l H ChaiR size ffaetieft Plasma afe weldiRg Less thaR 2l:l 6 iR-tttehes eHaehes 2l:l-J.OO s 114 (9/32) .................................... . ~ .].00-400 +l:l m ................................................ . ~ 400-%00 H .]..g ................................................ . Plasma afe e111tiRg (Ltghttil Less th1111 31 ll l s (Medi11m)** ~ ,)18 ................................................ . 9 (Heav)')** ~ ................................................ . 400-%00 +l:l ; TeFeh bmziRg +!% ................................................ . TeFeh selderi11g 2 CaFbeR Afe .. veldiRg .].4 +-1./& ............................................... . .J-1./4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -1-14 **These Yal11es apply •Nhefe lhe aet11al aFe is eleaFI)' seeR. bightef filtefS • +.yg ................................................ ~ ffill)' be l!Sed ""heR the afe is hidde11 by the wefl<plaee. • -1-m ················································ ~ .J--Y4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +.-1-m TABLel lB TABLeG Hl flbTeR bel>ISeS FOR PROTBCTIOl>I AGAINST RADIAl>IT e!>rnRGY SAFI; WORKING LOADS FOR SHACKLeS (iR te11s ef 2,l:lOO f!011i!dS) PLA-TI1. PLATe Mil>llMUM~ THICKNeSS ... THICKl>leSS ... PROTeCTIVe OPeR.A,TIONS ~ MM SHADB Gas weldi11g Light URdef 1/8 U11def 3.2 4 .]..g. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,)lg .J-4 MeQitHll .J-/&-l/2 3.2 12.+ ,} ,)lg.............................. ~ H Heavy Gvef-1.12 Ovef 12.+ 6 ~.............................. m ~ OKygeR e11t1iRg +!% ............................. . ~ Light ~ ~ ; + ................................ . ~ MeQitHll +-6 2:S-lOO 4 +-1./& ............................. . Heavy OveF-6 0vef--l-SQ (,.;+ ,} .J-1./4 ............................. . %4 *As rule ef tl111mb, slllfl with a shade Iha! is lee dllfk te see the weld +.yg ............................. . .J-M zeRe. The11 ge le a lightef shade whieh gives s11fHeieRt •1iew ef the -1-m ............................. . -1+.9 weld zeRe wilhe11t geieg belew !he mi11iffi11m. 111 Bll)'fllel gas weldiRg .J--Y4 ............................. . M,2 er e11tliRg ""'here lhe teFeh f!Fed11ees a high yellew lighl, it is desimble le 11se a fillef leRs that abserbs the )'ellew er sedi11m liRe iR the Yiable 2 ................................ . 2h2 light ef the (Sf!eelflim) eperatie11.)) Permanent [ 46] Washington State Register, Issue 03-04 WSR 03-04-099 AMENDATORY SECTION (Amending Order 76-7, filed TypeofPFD General Description 3/1176) ~ Off-shore life jacket - effec- WAC 296-304-08001 General precautions. (1) Hand tive for all waters or where lines, slings, tackles of adequate strength, or carriers such as rescue may be delayed. tool bags with shoulder straps shall be provided and used to Near-shore buoyant vest - handle tools, materials, and equipment so that employees will intended for calm, inland have their hands free when using ship's ladders and access water or where there is a ladders. The use of hose or electric cords for this purpose is prohibited. good chance of quick res- cue. (2) When air tools of the reciprocating type are not in use, the discs and tools shall be removed. Type III Flotation aid - good for calm, inland water. or where (3) All portable, power-driven circular saws shall be equipped with guards above and below the base plate or shoe. there is a good chance of The upper guard shall cover the saw to the depth of the teeth, rescue. except for the minimum arc required to permit the base to be TypeV Flotation aids such as board- tilted for bevel cuts. The lower guard shall cover the saw to sailing vests, deck suits, the depth of the teeth, except for the minimum arc required to work vests and inflatable allow proper retraction and contact with the work. When the PFDs marked for commer- tool is withdrawn from the work, the lower guard shall auto- cial use. matically and instantly return to the covering position. Note: • Commercially available PFDs are marked or imprinted ( 4) The moving parts of machinery on dry docks shall be with the Type of PFD. guarded. • Type JV PFDs are throwable devices. They are used to aid persons who have fallen into the water. (5) Before use, pneumatic tools shall be secured to the • The requirements for USCG approval are in 46 CFR Part extension hose or whip by some positive means to prevent the 160, Coast Guard Lifesaving Equipment Specifications. tool from becoming accidentally disconnected from the whip. (6) The moving parts of drive mechanisms, such as gear- The employer must ensure that each personal flotation ing and belting on large portable tools, shall be adequately device is inspected before use for dry rot, chemical damage, guarded. or other defects that may affect its strength and buoyancy. Defective personal floatation devices shall not be used. (7) Headers, manifolds, and widely spaced hose connec- (2) Ring life buoys and ladders. tions on compressed air lines shall bear the word "air" in let- (a) The employer must ensure that when work is per- ters at least 1 inch high, which shall be painted either on the formed on a floating vessel 200 feet (61 m) or more in length, manifold~ or separate hose connections, or on signs perma- nently attached to the manifolds or connections. Grouped air at least three 30-inch (0.76 m) U.S. Coast Guard approved connections may be marked in one location. ring life buoys with lines attached are located in readily visi- ble and accessible places. Ring life buoys must be located (8) Before use, compressed air hose shall be examined. one forward, one aft, and one at the access to the gangway. Visibly damaged and unsafe hose shall not be used. (b) On floating vessels under 200 feet (61 m) in length, at least one 30-inch (0.76 m) U.S. Coast Guard approved ring AMENDATORY SECTION (Amending WSR 98-02-006, life buoy with line attached must be located at the gangway. filed 12/26/97, effective 3/1/98) (c) At least one 30-inch (0.76 m) U.S. Coast Guard approved ring life buoy with a line attached must be located WAC 296-304-09017 Lifesaving equipment. (1) Per- on each staging alongside of a floating vessel on which work sonal flotation devices (PFD). is performed. ((a) The employer m1 1st ef1s1 1re that each persoflal flota (d) At least 90 feet((~)) (27.43 m) of line must be tiofl device (life preserYers, life jackets afld ·.vork vests) worn attached to each ring life buoy. ey afl affected employee is: (e) There must be at least one portable or permanent lad- - Uflited States Coast G1:1ard (USCG) appro¥ed afld der near each floating vessel on which work is performed. marked Type I PFD, Type II PFD, or T)·pe III PFD; or The ladder must be long enough to help an employee reach safety in the event of a fall into the water. - USCG approved Type V PFD, marked for 1:1se as a work vest, for commercial 1 1se, or for 1 1se Ofl vessels AMENDATORY SECTION (Amending WSR 98-02-006, Nate; The FequifemeHls fef USCG aJIJ!fB»'al are iH 46 CfR Part filed 12/26/97, effective 3/1/98) 160, Sullf!art Q, Ceast Guan! LifesaYiHg Bq11ijlment Sjleei ~ WAC 296-304-09021 Personal fall arrest systems fb1)) • You must provide your employees with PFDs (PF AS). Personal fall arrest systems must meet the require- approved by the United States Coast Guard for use on com- ments of this section. mercial or merchant vessels. The following are appropriate (1) The employer must ensure that connectors and or allowable United States Coast Guard approved PFDs: anchorages meet the following criteria: [ 47] Permanent WSR 03-04-099 Washington State Register, Issue 03-04 (a) Connectors are made of drop forged, pressed, or (ii) Bring a falling employee to a complete stop and limit formed steel or of materials with equivalent strength. the maximum deceleration distance an employee travels to (b) Connectors have a corrosion-resistant finish, and all 3.5 feet (1.07 m); and • surfaces and edges are smooth to prevent damage to the inter- (iii) Are strong enough to withstand twice the potential • facing parts of the system. impact energy of an employee free falling a distance of 6 feet (c) D-rings and snaphooks can sustain a minimum tensile ( 1.8 m), or the free fall distance permitted by the system, load of 5,000 pounds (((22.2 KR))) (22.24 Kn). whichever is less. (d) D-rings and snaphooks are proof-tested to a mini- (g) The employer must ensure that personal fall arrest mum tensile load of 3,600 pounds (16 Kn) without cracking, systems are rigged so that an employee can neither free fall more than 6 feet ((fhS-m1)) Cl.83 m) nor contact any lower breaking, or being permanently deformed. level. (e) Snaphooks lock and are designed and used to prevent (3) The employer must select, use, and care for systems disengagement of the snaphook by contact of the snaphook and system components according to the following require- keeper with the connected part. ments: (t) On suspended scaffolds or similar work platforms (a) Lanyards are attached to employees using personal with horizontal lifelines that may become vertical lifelines, fall arrest systems, as follows: the devices used for connection to the horizontal lifeline can The attachment point of a body harness is in the center of lock in any direction on the lifeline. the wearer's back near the shoulder level, or above the (g) Anchorages used for attachment of personal fall wearer's head. If the maximum free fall distance is less than arrest equipment are independent of any anchorage used to 20 inches, the attachment point may be located in the chest support or suspend platforms. position. (h) Anchorages can support at least 5,000 pounds ((flH (b) Ropes and straps (webbing) used in lanyards, life- Kft))) (22.24 Kn) per employee attached, or are designed, lines and strength components of body harnesses are made installed, and used as follows: from synthetic fibers or wire rope. (i) As part of a complete personal fall arrest system that (c) Ropes, harnesses, and lanyards are compatible with maintains a safety factor of at least two; and their hardware. (ii) Under the direction and supervision of a qualified (d) Lifelines and lanyards are protected against cuts, person. abrasions, burns from hot work operations and deterioration (2) The employer must ensure that lifelines, lanyards, by acids, solvents, and other chemicals. and personal fall arrest systems meet the following criteria: (e) Personal fall arrest systems are inspected before each (a) When vertical lifelines are used, each employee has a use for mildew, wear, damage, and other deterioration. separate lifeline. Defective components are removed from service. (b) Vertical lifelines and lanyards have a minimum ten- (t) Personal fall arrest systems and components sub- sile strength of 5,000 pounds (((22.2 KR))) (22.24 Kn). jected to impact loading are immediately removed from ser- vice and not used again for employee protection until (c) Self-retracting lifelines and lanyards that automati- inspected and determined by a qualified persons to be cally limit free fall distances to 2 feet (0.61 m) or less can sus- undamaged and suitable for reuse. tain a minimum tensile load of 3000 pounds (((LU KR))) (g) The employer must provide for prompt rescue of (13.34 Kn) applied to a self-retracting lifeline or lanyard with employees in the event of a fall or must ensure that employ- the lifeline or lanyard in the fully extended position. ees are able to rescue themselves. (d) Self-retracting lifelines and lanyards which do not (h) Personal fall arrest systems and components are used limit free fall distance to 2 feet (0.61 m) or less, ripstitch lan- only for employee fall protection and not to hoist materials. yards and tearing and deforming lanyards can sustain a mini- (4) Training. Before using personal fall arrest equip- mum static tensile load of 5,000 pounds (((22.2 KR))) (22.24 ment, the employer must ensure that each affected employee Kn) applied to the device when they are in the fully extended is trained to understand the application limits of the equip- position. ment and proper hook-up, anchoring, and tie-off techniques. (e) Horizontal lifelines are designed, installed, and used Affected employees must also be trained to demonstrate the under the supervision of a qualified person, and only used as proper use, inspection, and storage of their equipment. part of a complete personal fall arrest system that maintains a safety factor of at least two. AMENDATORY SECTION (Amending WSR 98-02-006, Note: The system strength needs below are based on a maximum filed 12/26/97, effective 3/1/98) combined weight of employee and tools of 310 pounds. If combined weight is more than 310 pounds (140.62 kg), WAC 296-304-09023 Positioning device systems. The appropriate allowances must be made or the system will not employer must ensure that positioning device systems and be in compliance. their use meet the requirements of this section. (t) Effective April 20, 1998, the employer must ensure ( 1) The employer must ensure that connectors and that personal fall arrest systems: anchorages meet the following criteria: t (i) Limit the maximum arresting force on a falling (a) Connectors have a corrosion-resistant finish, and all employee to 1,800 pounds (8 Kn) when used with a body har- surfaces and edges are smooth to prevent damage to interfac- ness; ing parts of this system. Permanent [ 481 Washington State Register, Issue 03-04 WSR 03-04-101 (b) Connecting assemblies have a minimum tensile shutoff valves connecting the dead system with the live sys- strength of 5,000 pounds (((22.2 KR))) (22.24 Kn). tem or systems shall be secured, locked, and tagged. • (c) Positioning device systems are secured to an anchor- ((fb1)) ill Drain connections to the atmosphere on all of • age that can support at least twice the potential impact load of the dead interconnecting systems shall be opened for visual an employee's fall. observation of drainage. ( d) Only" locking type snaphooks are used in positioning device systems. AMENDATORY SECTION (Amending Order 74-25, filed (2) The employer must ensure that positioning device 517174) systems meet the following criteria: (a) Restraint (tether) lines have a minimum breaking WAC 296-304-10007 Ship's deck machinery. (1) strength of 3,000 pounds (((13.3 KR))) (13.34 Kn). Before work is performed on the anchor windlass or any of its (b) Beginning April 20, 1998, the following system per- attached accessories, the employer shall ensure that the fol- formance criteria for positioning device systems are met: lowing steps are taken: (i) A window cleaner's positioning system can withstand (a) The devil claws (also known as chain toppers) shall without failure, a drop test consisting of a 6-foot (l.83 m) be made fast to the anchor chains. drop of a 250-pound (((113 kg))) (113.34 kg) weight. The (b) The riding pawls shall be in the engaged position. system limits the initial arresting force to a maximum of (c) In the absence of devil claws and riding pawls, the 2,000 pounds (8.89 Kn), with a maximum duration of 2 mil- anchor chains shall be secured to a suitable fixed structure of liseconds. The system limits any subsequent arresting forces the vessel. imposed on the falling employee to a maximum of 1,000 pounds (4.45 Kn); (ii) All other positioning device systems can withstand without failure a drop test consisting of a 4-foot ((~)) WSR 03-04-101 (l.22 m) drop of a 250-pound (((113 kg))) (113.34 kg) PERMANENT RULES weight. (3) The employer must ensure that a positioning device HIGHER EDUCATION system is used and cared for according to the following COORDINATING BOARD requirements: [Filed February 4, 2003, 3:36 p.m.] (a) Positioning device systems are inspected before each Date of Adoption: February 4, 2003 . • use for mildew, wear, damage, and other deterioration. • Defective components are removed from service. Purpose: To amend the rules by detailing priorities for the awarding of the matching grant. (b) A positioning device system or component subjected to impact loading is immediately removed from service and Citation of Existing Rules Affected by this Order: not used again for employee protection, unless inspected and Amending chapter 250-69 WAC. determined by a qualified person to be undamaged and suit- Statutory Authority for Adoption: RCW 28B.240 and able for reuse. .370 [28B.80.240 and 28B.80.370]. (4) Training. Before using a positioning device system, Adopted under notice filed as WSR 02-22-085 on the employer must ensure that employees are trained in the November 5, 2002. application limits, proper hook-up, anchoring and tie-off Number of Sections Adopted in Order to Comply with techniques, methods of use, inspection, and storage of posi- Federal Statute: New 0, Amended 0, Repealed 0; Federal tioning device systems. Rules or Standards: New 0, Amended 0, Repealed O; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0. AMENDATORY SECTION (Amending Order 74-25, filed 517174) Number of Sections Adopted at Request of a Nongov- ernmental Entity: New 0, Amended 0, Repealed 0. WAC 296-304-10003 Ship's piping systems. ((fB)) Number of Sections Adopted on the Agency's Own Ini- Before work is performed on a valve, fitting, or section of tiative: New 0, Amended 0, Repealed 0. piping in a piping system where employees may be subject to Number of Sections Adopted in Order to Clarify, injury from the direct escape of steam, or water, oil, or other Streamline, or Reform Agency Procedures: New 0, medium at a high temperature, the employer shall insure that Amended 8, Repealed 1. the following steps are taken: Number of Sections Adopted Using Negotiated Rule ((fa1)) ill The isolation and shutoff valves connecting Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- the dead system with the Ii ve system or systems shall be ing: New 0, Amended 0, Repealed O; or Other Alternative secured, blanked, and tagged indicating that employees are Rule Making: New 0, Amended 0, Repealed 0. working on the systems. This tag shall not be removed nor the Effective Date of Rule: Thirty-one days after filing. valves unblanked until it is determined that this may be done • without creating a hazard to the employees working on the February 4, 2003 • system, or until the work on the system is completed. Where Betty Gebhardt valves are welded instead of bolted at least two isolation and Associate Director [ 49] Permanent WSR 03-04-101 Washington State Register, Issue 03-04 Chapter 250-69 WAC ited by a nationally recognized accrediting body. The recog- nized accrediting bodies are: COMMUNITY SCHOLARSHIP ((FOUNDf.TION (a) The Northwest Association of Schools and Colleges • DEMONSTRl..TION PROJECT)) MATCHING GRANT or a similar regional accrediting body as determined by the • PROGRAM board; (b) The Accrediting Bureau of Health Education Schools; AMENDATORY SECTION (Amending WSR 90-09-003, (c) The Accrediting Council for Continuing Education filed 4/5/90, effective 5/6/90) and Training; WAC 250-69-010 Purpose. The purpose of the com- (d) The Accrediting Commission of Career Schools and munity scholarship ((foundation demonstration project)) Colleges of Technology; matching grant program is to provide ((oAe time)) two thou- (e) The Accrediting Council for Independent Colleges sand dollar state-funded matching awards as an incentive to and Schools; Washington community scholarship foundations to raise Cf) The National Accrediting Commission of Cosmetol- money and award scholarships to community residents who ogy Arts and Sciences; (g) The Middle States Association of Colleges and wish to pursue higher education. The community scholarship Schools, Commission on Higher Education; ((foundation)) matching grant program encourages commu- (h) The New England Association of Schools and Col- nity organizations to generate local dollars to complement efforts funded by the state. In making awards, ((priority shall leges; be gi.,.en to new organizations formed after the date of this (i) The North Central Association of Colleges and aet)) preference will be given to organizations affiliated with Schools; the citizens' scholarship foundation. An organization may (j) The Southern Association of Colleges and Schools; receive more than one two thousand dollar matching grant (k) The Western Association of Schools and Colleges. per biennium. (5) "Board" means the higher education coordinating board. When a duty or responsibility of the board is refer- enced in this chapter, the authority needed to discharge that AMENDATORY SECTION (Amending WSR 90-09-003, responsibility lies with the executive director or his or her filed 4/5/90, effective 5/6/90) designee. WAC 250-69-020 Authority to administer. As defined (6) "Washington resident" means a resident as defined in in RCW 28B.80.240, the higher education coordinating RCW ((28B.15.0ll thr0t1gh 28B.15.0l3 aAd ifl eoard board is charged with the administration of ((demonstration adopted rules and regulatiOAS pertaifliflg to the determiRatioA • projects designed to prepare lifld assist perSOflS to oetaifl a of resideRcy)) 28B .15.012 (2)(a) through (d) and board • higher educatiofl ifl this state (as defiRed B)' RCW adopted rules and regulations pertaining to the determination 28B.80.180))) any state program or state administered federal of Washington state residency. program of student financial aid now or hereafter established. (7) "New money" means funds raised during a twelve- month period designated and described in the annual program application. These funds cannot include interest income from AMENDATORY SECTION (Amending WSR 90-09-003, endowments or interest from other funds raised previous to filed 4/5/90, effective 5/6/90) July 1 of the year of application. WAC 250-69-030 Program definitions. (1) "Matching (8) "Permanent and irrevocable scholarship endowment award" means the state appropriated funding for ((one time)) fund" means contributions received and deposited into an two thousand dollar grants available to selected eligible com- investment fund with the permanent purpose of using only munity scholarship foundations that raise at least two thou- the interest earnings from the principal of the contribution for sand dollars for student scholarships. the scholarships. (2) "Community scholarship foundation" means a non- profit, tax exempt 501 (c)(3) Internal Revenue Service Code, AMENDATORY SECTION (Amending WSR 90-09-003, community-based organization, formed in part or in full for filed 4/5/90, effective 5/6/90) the purpose of providing higher education scholarships for local residents. WAC 250-69-040 Eligibility criteria. To be eligible to (3) "Higher education scholarship program" means a apply for a matching award a community organization must: program which would provide awards to community resi- (1) Have or establish a higher education scholarship pro- dents to attend institutions of higher education in Washington gram and, ((after June 30, 1989)) during a twelve-month state. period designated and described in the annual application, (4) "Washington institutions of higher education" or raise at least two thousand dollars in new money for student "institution" means a degree-granting college or university in scholarships; the state of Washington ((which is a memeer iRstitutiofl of afl (2) Obtain and maintain tax exempt status under section accrediting association recognized ey rule of the eoard for the 501 (c)(3) of the Internal Revenue Code for the fund support- purposes of this chapter, or a Washingtofl puelic vocatimial ing the student scholarship program; • technical institute)) whose campus or branch campus is phys- (3) Award student scholarships without regard to age, • ically located in the state of Washington, and who is accred- sex, marital status, race, creed, color, religion, national ori- Permanent [sol Washington State Register, Issue 03-04 WSR 03-04-103 gin, or the presence of any mental, sensory, or physical hand- Priority 3: Recipients of the matching grant in previous • icap; and years that agree to raise new money for student scholarships. • (4) ((Have not previously received a ffiatching award When the number of organizations applying exceeds from this program.)) If the recipient of the matching grant is available matching award funds, those which: a college foundation, agree to award student scholarships (1) Solicit broad-based community support in their fund- funded by the grant and the matching money only to graduat- raising activities and are representative of the community in ing students for the specific purpose of continuing their their structure; higher education. College foundations must be registered (2) Conduct fund-raising activities with volunteers and with the attorney general's office under the Charitable Trust not with paid or contracted fund raisers; and Act, chapter 11.110 RCW. (3) Have primary focus of awarding scholarships to Washington residents attending Washington institutions of AMENDATORY SECTION (Amending WSR 90-09-003, higher education shall be given further preference. filed 4/5/90, effective 5/6/90) WAC 250-69-050 Application procedure. Community AMENDATORY SECTION (Amending WSR 90-09-003, organizations ((which meet)) meeting eligibility criteria will filed 4/5/90, effective 5/6/90) be considered for selection after they complete an application for the matching award on a form provided by the higher edu- WAC 250-69-070 Award amount. The community cation coordinating board. scholarship foundation matching award is a ((one time)) two thousand dollar grant based on available funding. AMENDATORY SECTION (Amending WSR 90-09-003, filed 4/5/90, effective 5/6/90) AMENDATORY SECTION (Amending WSR 90-09-003, filed 4/5/90, effective 516190) WAC 250-69-060 Selection criteria. Community orga- nizations which meet the eligibility criteria in ((section 040 WAC 250-69-090 Reporting requirements. Commu- ab&ve)) WAC 250-69-040 and have raised two thousand dol- nity organizations will submit, on a form provided by the lars in new money during the twelve-month period desig- board, reports of scholarships awarded from their two thou- nated and described in the annual application will be selected sand dollar contribution and the two thousand dollar match- for a matching award, ((during the demonstration period,)) in ing award. Reporting information will include, but is not lim- .the following priority order((~ ited to, recipients names and addresses, scholarship amounts • (1) Organizations which after June 30, 1989, begin a and the higher education institution the recipient plans to higher education scholarship program, establish a nonprofit, attend. Or if the organization receives an endowment match- taJ< exempt 501 (c)(3) Internal Revenue Service Code sd1ol ing grant, a report indicating the endowment account number, arship foundation, and raise t·n·o thousand dollars to be used name, the amount of the matching grant and the community for student scholarships. match deposited along with a copy of the deposit receipt from (2) Organizations which have had prior scholarship pro the financial institution. grams but reorganize after June 30, 1989, to meet the eligibil ity criteria of the demonstration project and raise two thou REPEALER sand dollars to be used for student scholarships. (3) Organizations which had scholarship programs and The following section of the Washington Administrative met the eligibility criteria of the program prior to June 30, Code is repealed: 1989, and raise an additional two thousand dollars for student scholarships after June 30, 1989. WAC 250-69-110 Duration of demonstration Among applying organizations, those which (a) solicit project. broad based community support in their fund raising activi ties and are representative of the community in their struc ture; (b) conduct fund raising activities with volunteers and not with paid or contracted fund raisers; and (c) have a pri WSR 03-04-103 mary focus of awarding scholarships to Washington residents PERMANENT RULES attending Washington institutions of higher education shall DEPARTMENT OF ECOLOGY be given preference when the number of organizations apply [Order 99-24A-Filed February 4, 2003, 4:24 p.m.] ing exceeds available matching award funds)). Preference is given to those organizations affiliated with citizens' scholar- Date of Adoption: January 10, 2003. ship foundation. Purpose: To file a correction to WAC 173-350-600 Priority l: Eligible organizations that have not previ- Financial assurance requirements. This correction is to ously received the matching grant. change subsection ( l )(b) to the language as proposed, and Priority 2: Recipients of the matching grant in previous which was adopted by the director of ecology. ears that a ree to raise new mone and lace that mone and Statutory Authority for Adoption: Chapter 70.95 RCW. the matching grant into a permanent and irrevocable scholar- Adopted under notice filed as WSR 02-14-061 on June ship endowment fund. 27, 2002. [ 51] Permanent WSR 03-04-103 Washington State Register, Issue 03-04 Number of .Sections Adopted in Order to Comply with Department. A standby trust fund for closure qr post-closure Federal Statute: New 0, Amended 0, Repealed O; Federal shall also be established by the owner or operator to receive • Rules or Standards: New 0, Amended 0, Repealed O; or any funds that may be paid by the operator or surety com- • Recently Enacted State Statutes: New 0, Amended 0, pany. The surety shall become liable for the bond obligation Repealed 0. if the owner or operator fails to perform as guaranteed by the Number of Sections Adopted at Request of a Nongov- bond. The surety may not cancel the bond until at least one ernmental Entity: New 0, Amended 0, Repealed 0. hundred twenty days after the owner or operator, the jurisdic- Number of Sections Adopted on the Agency's Own Ini- tional health department and the department have received tiative: New 0, Amended 0, Repealed 0. notice of cancellation. If the owner or operator has not pro- Number of Sections Adopted in Order to Clarify, vided alternate financial assurance acceptable under this sec- Streamline, or Reform Agency Procedures: New 0, tion within ninety days of the cancellation notice, the surety Amended 0, Repealed 0. shall pay the amount of the bond into the standby closure or Number of Sections Adopted Using Negotiated Rule post-closure trust account. The following types of surety Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- bonds are options: ing: New 0, Amended 0, Repealed O; or Other Alternative (i) Surety bond; or Rule Making: New 0, Amended 0, Repealed 0. (ii) Surety bond guaranteeing that the owner or operator Effective Date of Rule: Thirty-one days after filing. will perform final closure or post-closure activities. February 4, 2003 (d) Irrevocabl~ letter of credit issued by an entity which Tom Fitzsimmons has the authority to issue letters of credit and whose letter of Director credit operations are regulated and examined by a federal or state agency. Standby trust funds for closure and post-clo- sure shall also be established by the owner or operator to NEW SECTION receive any funds deposited by the issuing institution result- WAC 173-350-600 Financial assurance require- ing from a draw on the letter of credit. The letter of credit ments. (1) Financial assurance requirements -Applicability. shall be irrevocable and issued for a period of at least one This section is applicable to: year, and renewed annually, unless the issuing institution (a) Waste tires storage facilities regulated under WAC notifies the owner or operator, the jurisdictional health 173-350-350; department and the department at least one hundred twenty (b) Moderate risk waste facilities regulated under WAC days before the current expiration date. If the owner or oper- • 173-350-360; and ator fails to perform activities according to the closure or • (c) Limited purpose landfills regulated under WAC 173- post-closure plan and permit requirements, or if the owner or 350-400. operator fails to provide alternate financial assurance accept- (2) Financial assurance requirements - Definitions. For able to the jurisdictional health department within ninety days after notification that the letter of credit will not be the purposes of this section, the following definitions apply: extended, the jurisdictional health department may require (a) Public facility means a publicly or privately owned that the financial institution provide the funds from the letter facility that accepts solid waste generated by other persons. of credit to the jurisdictional health department to be used to (b) Private facility means a privately owned facility complete the required closure and post-closure activities; maintained on private property solely for the purpose of man- (e) Insurance policies issued by an insurer who is aging waste generated by the entity owning the site. licensed to transact the business of insurance or is eligible as (3) Financial assurance requirements - Instrument an excess or surplus line insurer in one or more states, the options. Financial assurance options are available, based on content of which: facility type as defined in WAC 173-350-600(2), ownership and permittee. Contents of all instruments must be accept- (i) Guarantees that the funds will be available to com- able to the jurisdictional health department. The following plete those activities identified in the approved closure or post-closure plans; instrument options exist: (a) Reserve accounts that are managed as either: (ii) Guarantees that the insurer will be responsible for (i) Cash and investments accumulated and restricted for paying out funds for those activities; acti".ities identified in the closure or post-closure plans, with (iii) Provides that the insurance is automatically renew- the equivalent amount of fund balance reserved in the fund; able and that the insurer may not cancel, terminate, or fail to or renew the policy except for failure to pay the premium; (ii) Cash and investments held in a nonexpendable trust (iv) Provides that if there is a failure to pay the premium, fund. the insurer may not terminate the policy until at least one (b) Trust funds to receive, manage and disburse funds for hundred twenty days after the notice of cancellation has been activities identified in the approved closure and post-closure received by the owner or operator, the jurisdictional health plans. Trust funds shall be established with an entity that has department and the department; authority to act as a trustee and whose trust operations are (v) Provides that termination of the policy may not occur • regulated and examined by a federal or state agency. and the policy shall remain in full force and effect if: • (c) Surety bond(s) issued by a surety company listed as (A) The jurisdictional health department determines the acceptable in Circular 570 of the United States Treasury facility has been abandoned; Permanent [ 52] Washington State Register, Issue 03-04 WSR 03-04-103 (B) Closure has been ordered by the jurisdictional health (C) Guarantees that closure and post-closure activities department or a court of competent jurisdiction; will be completed according to the closure or post-closure • (C) The owner or operator has been named as debtor in a plan and permit requirements; • voluntary or involuntary proceeding under Title 11 U.S.C., (D) Guarantees that within thirty days if written notifica- Bankruptcy; or tion is received from the jurisdictional health department that (D) The premium due is paid; the owner or operator no longer meets the criteria of the (vi) The owner or operator is required to maintain the financial test, the owner or operator shall provide an alterna- policy in full force and until an alternative financial assur- tive form of financial assurance consistent with the require- ance guarantee is provided or when the jurisdictional health ments of this section; department has verified that closure, and/or post-closure, as appropriate, have been completed in accordance with the (E) Guarantees that the owner or operator's chief finan- approved closure or post-closure plan; cial officer will notify in writing the jurisdictional health (vii) For purposes of this rule, "captive" insurance com- department and the department within fifteen days any time panies as defined in WAC 173-350-100, are not an accept- that the owner or operator no longer meets the criteria of the able insurance company. financial test or is named as debtor in a voluntary or involun- (f) Financial Test/corporate guarantee allows for a pri- tary proceeding under Title 11 U.S.C., Bankruptcy; vate corporation meeting the financial test to provide a corpo- (F) Acknowledges that the corporate guarantee is a bind- rate guarantee those activities identified in the closure and ing obligation on the corporation and that the chief financial post-closure plans will be completed. officer has the authority to bind the corporation to the guaran- (i) To qualify, a private corporation owner or operator tee; shall meet the criteria of either option A or B: (G) Attaches a copy of the independent certified public (A) Option A - to pass the financial test under this option accountant's report on examination of the owner or operator's the private corporation shall have: financial statements for the latest completed fiscal year; and (I) Two of the following three ratios: A ratio of total lia- (H) Attaches a special report from the owner or opera- bilities to net worth less than 2.0; a ratio of the sum of net tor's independent certified public accountant (CPA) stating income plus depreciation, depletion, and amortization to total that the CPA has reviewed the information in the letter from liabilities greater than 0.1; or a ratio of current assets to cur- the owner or operator's chief financial officer and has deter- rent liabilities greater than 1.5; mined that the information is true and accurate. (II) Net working capital and tangible net worth each at • least si~ times the sum of the current closure and post-closure (iii) The jurisdictional health department may, based on .cost estimates; a reasonable belief that the owner or operator no longer meets the criteria of the financial test, require reports of the finan- (III) Tangible net worth of at least ten million dollars; cial condition at any time in addition to the annual report. and The jurisdictional health department will specify the informa- (IV) Assets in the United States amounting to at least ninety percent of its total assets or at least six times the sum tion required in the report. If the jurisdictional health depart- ment finds, on the basis of such reports or other information, of the current closure and post-closure cost estimates. that the owner or operator no longer meets the criteria of the (B) Option B - to pass this alternative financial test, the financial test, the owner or operator shall provide an alterna- private corporation shall have: tive form of financial assurance consistent with the require- (I) A current rating of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as issued by ments of this section, within thirty days after notification by the jurisdictional health department. Moody's; (II) Tangible net worth at least six times the sum of the (iv) If the owner or operator fails to perform final closure current closure and post-closure cost estimates; and, where required, provide post-closure care of a facility (III) Tangible net worth of at least ten million dollars; covered by the guarantee in accordance with the approved and closure and post-closure plans, the guarantor will be required (IV) Assets in the United States amounting to at least to complete the appropriate activities. ninety percent of its total assets or at least six times the sum (v) The guarantee will remain in force unless the guaran- of the current closure and post-closure cost estimates. tor sends notice of cancellation by certified mail to the owner (ii) The owner or operator's chief financial officer shall or operator, the jurisdictional health department and the provide a corporate guarantee that the corporation passes the department. Cancellation may not occur, however, during financial test at the time the closure plan is filed. This corpo- the one hundred twenty days beginning on the date of receipt rate guarantee shall be reconfirmed annually ninety days after of the notice of cancellation by the owner or operator, the the end of the corporation's fiscal year by submitting to the jurisdictional health department and the department. jurisdictional health department a letter signed by the chief (vi) If the owner or operator fails to provide alternate financial officer that: financial assurance as specified in this section and obtain the (A) Provides the information necessary to document that written approval of such alternate assurance from the juris- the owner or operator passes the financial test; dictional health department witlitn ninety days after receipt of • (B) Guarantees that the funds to finance closure and a notice of cancellation of the guarantee from the guarantor, ~Ost-closure activities according to the closure or post-clo- the guarantor will provide such alternative financial assur- sure plan and permit requirements are available; ance in the name of the owner or operator. [ 53 J Permanent WSR 03-04-103 Washington State Register, Issue 03-04 (4) Financial assurance requirements - Eligible finan- may accept, or require a revision of the cost estimate in accor- cial assurance instruments. The financial assurance instru- dance with its evaluation. ments identified in subsection (3) of this section are available (6) Financial assurance requirements - Cost estimate for for use based on facility category and whether the permittee post-closure. The owner or operator shall: part of is a public or private entity as follows: (a) Prepare a written post-closure cost estimate as (a) For a public facility, as defined in subsection (2) of the facility post-closure plan. The post-closure cost estimate this section, when the permittee is a public entity, the follow- shall: ing options are available: (i) Be in current dollars and represent the total cost of (i) Reserve account; completing post-closure activities for the facility for a (ii) Trust account; twenty-year post-closure period or a time frame determined (iii) Surety bond (payment or performance); or by the jurisdictional health department; (iv) Insurance; (ii) Provide a detailed written estimate, in current dollars, (b) For a public facility as defined in subsection (2) of of the cost of hiring a third party to conduct post-closure care this section, where the permittee is a private entity, the fol- for the facility in compliance with the post-closure plan; lowing options are available: (iii) Project intervals for withdrawal of post-closure (i) Trust account; funds from the post-closure financial assurance instrument to (ii) Surety bond (payment or performance); complete the activities identified in the approved post-closure (iii) Letter of credit; or plan; and (iv) Insurance; (iv) Not reduce by allowance for salvage, value of equip- (c) For private facilities as defined in subsection (2) of ment, or resale value of property or land. this section, the following options are available: (b) Prepare a new post-closure cost estimate for the (i) Trust account; remainder of the post-closure care period in accordance with (ii) Surety bond (payment or performance); (a) of this subsection, whenever a change in the post-closure (iii) Letter of credit; plan increases or decreases the cost of post-closure care. (iv) Insurance; or (c) During the operating life of the facility, the owner or (v) Financial test/corporate guarantee. operator must review the post-closure cost estimate by March (5) Financial assurance requirements - Cost estimate for 1st of each calendar year. The review will be submitted to the closure. The owner or operator shall: jurisdictional health department, with a copy to the depart- (a) Prepare a written closure cost estimate as part of the ment by April l st of each calendar year stating that the facility closure plan. The closure cost estimate shall: review was completed and the finding of the review. The (i) Be in current dollars and represent the cost of closing review shall examine all factors, including inflation, involved in estimating the post-closure cost estimate. Any changes in the facility; costs shall be factored into a revised post-closure cost esti- (ii) Provide a detailed written estimate, in current dollars, mate. The new estimate shall be submitted to the jurisdic- of the cost of hiring a third party to close the facility at any tional health department for approval. The jurisdictional time during the active life when the extent and manner of its health department shall evaluate each cost estimate for com- operation would make closure the most expensive in accor- pleteness, and may accept, or require a revision of the cost dance with the approved closure plan; estimate in accordance with its evaluation. (iii) Project intervals for withdrawal of closure funds (7) Financial assurance requirements - Closure/post- from the closure financial assurance instrument to complete closure financial assurance account establishment and the activities identified in the approved closure plan; (iv) Not reduce by allowance for salvage value of equip- reporting. ment, solid waste, or the resale value of property or land; (a) Closure and post-closure financial assurance funds (b) Prepare a new closure cost estimate in accordance generated shall be provided to the selected financial assur- with (a) of this subsection whenever: ance instrument at the schedule specified in the closure and (i) Changes in operating plans or facility design affect post-closure plans, such that adequate closure and post-clo- the closure plan; or sure funds will be generated to ensure full implementation of (ii) There is a change in the expected year of closure that the approved closure and post-closure plans. affects the closure plan; (b) The facility owner or operator with systematic depos- (c) Review the closure cost estimate by March 1st of its shall establish a procedure with the financial assurance each calendar year. The review shall be submitted to the instruments trustee for notification of nonpayment of funds to jurisdictional health department, with a copy to the depart- be sent to the jurisdictional health department and the depart- ment, by April 1st of each calendar year stating that the ment. review was completed and the findings of the review. The (c) The owner or operator shall file with the jurisdic- review will examine all factors, including inflation, involved tional health department, no later than April 1st of each year, in estimating the closure cost. Any cost changes shall be fac- an annual audit of the financial assurance accounts estab- tored into a revised closure cost estimate and submit the lished for closure and post-closure activities, and a statement of the percentage of user fees, as applicable, diverted to the • revised cost estimate to the jurisdictional health department for review and approval. The jurisdictional health depart- financial assurance instruments, for the previous calendar • ment shall evaluate each cost estimate for completeness, and year: Permanent [ 54] Washington State Register, Issue 03-04 WSR 03-04-103 (i) For facilities owned and operated by municipal corpo- rations, the financial assurance accounts shall be audited • according to the audit schedule of the office of state auditor. • A certification of audit completion and summary findings shall be filed with the jurisdictional health department and the department, including during each of the post-closure care years. (ii) For facilities not owned or operated by municipal corporations: (A) Annual audits shall be conducted by a certified pub- lic accountant licensed in the state of Washington. A certifi- cation of audit completion and summary findings shall be filed with the jurisdictional health department and the depart- ment, including during each of the post-closure care years. (B) The audit shall also include, as applicable, calcula- tions demonstrating the proportion of closure or post-closure, completed during the preceding year as specified in the clo- sure and post-closure plans. (d) Established financial assurance accounts shall not constitute an asset of the facility owner or operator. (e) Any income accruing to the established financial assurance account(s) will be used at the owner's discretion upon approval of the jurisdictional health department. (8) Financial assurance requirements - Fund with- drawal for closure and post-closure activities. (a) The owner or operator will withdraw funds from the closure and/or post-closure financial assurance instrument as specified in the approved closure/post-closure plans; (b) If the withdrawal of funds from the financial assur- .ance instrument exceeds by more than five percent the with- .drawal schedule stated in the approved closure and/or post- closure plan over the life of the permit, the closure and/or post-closure plan shall be amended. (c) After verification by the jurisdictional health depart- ment of facility closure, excess funds remaining for closure in a financial assurance account shall be released to the facility owner or operator. (d) After verification by the jurisdictional health depart- ment of facility post-closure, excess funds remaining for post-closure in a financial assurance account shall be released to the facility owner or operator. [SS] Permanent Washington State Register, Issue 03-04 WSR 03-03-115 sibilities of the representative payee?, and 388-825-600 Does EMERGENCY RULES DSHS make exceptions to the requirements of this chapter? DEPARTMENT OF The department has filed a CR-10 l Preproposal state- SOCIAL AND HEALTH SERVICES ment of inquiry (WSR 02-17-068) and has initiated a rule- (Aging and Disability Services Administration) making proceeding to adopt permanent rules on this subject [Filed January 21, 2003, 3:52 p.m.] matter. These rules supersede emergency rules filed as WSR 02-20-045 on September 25, 2002. Date of Adoption: January 14, 2003. Citation of Existing Rules Affected by this Order: Purpose: The Division of Developmental Disabilities Amending WAC 388-820-020, 388-820-060, 388-820-120, has been directed by the 2002 Washington state legislature to 388-825-020, 388-825-055, 388-825-100, 388-825-120, 388- begin paying an income supplemental, called state supple- 825-180, 388-825-205' 388-825-252, 388-825-254, 388-850- mentary payment (SSP). Implementation of this directive 035, and 388-850-045. requires amendment of rules in chapters 388-820, 388-825 and 388-850 WAC, as well as adoption of new WAC 388- Statutory Authority for Adoption: RCW 71 A.12.030, 825-500 through 388-825-600, Division of Development 7 lA.10.020. Disabilities state supplemental payment. Other Authority: 2001-03 Supplemental Budget, ESSB Amended Rules: WAC 388-820-020 What definitions 6387, (chapter 371, Laws of 2002). apply to this chapter?, 388-820-060 Who may receive resi- Under RCW 34.05 .350 the agency for good cause finds dential services?, 388-820-120 Who pays for a client's resi- that state or federal law or federal rule or a federal deadline dential services?, 388-825-020 Definitions, 388-825-055 for state receipt of federal funds requires immediate adoption Authorization for services, 388-825-100 Notification, 388- of a rule. 825-120 Adjudicative proceeding, 388-825-180 Eligible per- sons, 388-825-205 Who is eligible to participate in the family Reasons for this Finding: The state legislature in adopt- support opportunity program?, 388-825-252 Family support ing ESSB 6387 (chapter 371, Laws of 2002), has directed the services, 388-825-254 Service need level rates, 388-850-035 Division of Developmental Disabilities to begin paying an Services-Developmental disabilities, and 388-850-045 income supplement, called state supplementary payment. In Funding formula-Developmental disabilities. its published "Final Budget - Statewide Agency Detail" for New Rules: WAC 388-825-500 What is the state sup- ESSB 6387, the legislature also clearly stated its intent that .plemental payment that will be administered by the division "Beginning July 2002, state supplemental payments will no • of development disabilities?, 388-825-505 What are the eligi- longer be provided automatically to all persons receiving a bility requirements for the DDD/SSP program?, 388-825-510 federal SSI benefit. SSI recipients will continue to receive What are the financial eligibility requirements to receive their federal benefits and their federally provided annual cost DDD/SSP?, 388-825-515 What are the programmatic of living increases each January. Some recipients who are requirements for DDD/SSP?, 388-825-520 How often will dependent on larger state supplements will be provided a my eligibility for DDD/SSP be redetermined?, 388-825-525 transitional state supplemental payment. The remaining How will I know if I am eligible to receive a DDD/SSP pay- amount of state supplemental payments required by federal ment?, 388-825-530 Can I choose not to accept DDD/SSP rules will be used to support low ... income families who are payments?, 388-825-535 Can I apply for the DDD/SSP pro- struggling to continue to care for children and other relatives gram if I am not identified by DDD as eligible for the DDD/ with developmental disabilities." Emergency adoption of SSP program?, 388-825-540 What are my appeal rights if these rules is necessary to implement ESSB 6387 and the leg- DDD determines that I am not eligible for DDD/SSP?, 388- islature's intent. 825-545 How much money will I receive?, 388-825-546 May I voluntarily remove myself from the community alternatives Number of Sections Adopted in Order to Comply with program (CAP) waiver in order to increase the amount of my Federal Statute: New 0, Amended 0, Repealed 0; Federal SSP?, 388-825-550 How often will I receive my DDD/SSP Rules or Standards: New 0, Amended 0, Repealed O; or warrant/check?, 388-825-555 Who will the warrant/check be Recently Enacted State Statutes: New 25, Amended 13, sent to?, 388-825-560 How will the warrant/check be sent?, Repealed 0. 388-825-565 When will DDD/SSP begin issuing payments?, Number of Sections Adopted at Request of a Nongov- 388-825-570 Are there rules restricting how I use my DDD/ ernmental Entity: New 0, Amended 0, Repealed 0. SSP money?, 388-825-571 May I purchase services from a Number of Sections Adopted on the Agency's Own Ini- provider who lives outside the state of Washington?, 388- tiative: New 0, Amended 0, Repealed 0. 825-575 What changes must I report to the qepartment?, 388- 825-576 Do I have additional responsibilities when I pur- Number of Sections Adopted in Order to Clarify, chase my own services?, 388-825-580 What happens if I do Streamline, or Reform Agency Procedures: New 0, not spend my DDD/SSP money as required by WAC 388- Amended 0, Repealed 0. W25-570?, 388-825-585 When will the department stop send- Number of Sections Adopted Using Negotiated Rule · .ng my DDD/SSP money?, 388-825-590 What is a represen- Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- tative payee?, 388-825-591 Who can be a representative ing: New 0, Amended 0, Repealed O; or Other Alternative payee for my DDD/SSP?, 388-825-592 What are the respon- Rule Making: New 25, Amended 13, Repealed 0. [ 1 ] Emergency WSR 03-03-115 Washington State Register, Issue 03-04 Effective Date of Rule: Immediately. "IISP" refers to the individual instruction and support January 14, 2003 plan for clients. (See WAC 388-820-560 through 388-820- Bonita H. Jacques 580.) for Brian H. Lindgren, Manager "Individual with community protection issues" Rules and Policies Assistance Unit means a client identified by DDD as needing one or more of the following criteria: · ((a.)) ill The person has been convicted of or charged AMENDATORY SECTION (Amending WSR 01-22-020, with a crime of sexual violence as defined in chapter 71.09 filed 10/26/01, effective 111/02) RCW, including, but not limited to, rape, statutory rape, rape WAC 388-820-020 What definitions apply to this of a child, and child molestation; chapter? "Agency" means an entity interested in becoming ((a.)) ill The person has been convicted of or charged a service provider that offers residential instruction and sup- with acts directed towards strangers or individuals with port services to clients. whom a relationship has been established or promoted for the "Certification" means the determination by DSHS that primary purpose of victimization; an agency or service provider has satisfactorily complied ((a.)) ill The person has been convicted of or charged with the requirements outlined in this chapter and in the with a sexually violent offense and/or predatory act, and may department contract. constitute a future danger; "Client" means a person who: ((a.)) ill The person has not been convicted and/or ((a.)) ill Has a developmental disability; charged, but has a history of stalking, sexually violent, pred- ((a.)) ill Is eligible under RCW 7 lA.10.020 (for eligibil- atory, and/or opportunistic behavior which demonstrates a ity criteria, see chapter 388-825 WAC); and likelihood to commit a sexually violent and/or predatory act ((a.)) ill Is authorized by DDD to receive residential ser- based on current behaviors that may escalate to violence; vices outlined in this chapter or privately purchases residen- ((a.)) ill The person has committed one or more violent tial services. (((For eligibility criteria, see chapter 388 825 crimes, such as murder, attempted murder, arson, first degree l,\lAG;))) assault, kidnapping, or use of a weapon to commit a crime. "Client services" means instruction and support activi- "Instruction" means goal-oriented teaching that is ties that benefit clients, as specified under WAC 388-820-450 designed for acquiring and enhancing skills. through 388-820-510. "ISP" refers to the individual service plan for clients .• "Community alternatives program (CAP)" means a (See WAC 388-820-520 through 388-820-550.) • Title XIX Medicaid waiver program that serves a specific "Nursing assistant" means a person who is registered number of individuals. This waiver is for particular home- or certified by department of health under chapter 18.88A and community-based services not covered under the Medic- RCW. A nursing assistant performs certain nursing care tasks aid state plan. (See WAC 388-825-170 for more details.) that are delegated by a registered nurse for a specific client in "Community protection services" (Community Pro- authorized settings. (See chapter 246-841 WAC for more tection Intensive Supported Living Services, or CP-ISLS) details.) means intensive supported living services provided to clients "Reprisal" means any negative action taken as retalia- who meet the criteria of "Individual with Community Protec- tion against an employee. tion Issues." "Residential service" means client services offered by "DDD" refers to the division of developmental disabili- certified service providers. ties at DSHS. "Secretary" means the secretary of the department of "DSHS" refers to the department of social and health social and health services or the secretary's designee. services of Washington state. "Service provider" means an agency certified by and "Exceptions" means DSHS' approval of a written contracted with DDD to provide residential services to cli- request for an exception to a rule in this chapter. (There are ents. no exceptions to RCWs.) "Severity" means the seriousness of an incident. This is "Group home" means residential services provided in a determined by the extent to which a client's physical, mental, dwelling that is: or psychosocial well-being is or may be compromised or ·((a.)) ill Owned, leased, or rented by an entity other than threatened. the client; "Support" means assistance as requested or needed by ((a.)) ill Licensed by the applicable state authority; and a client, based on their abilities, needs, and goals. ((a.)) ill Operated by a provider. (See WAC 388-820-090 for further details.) "Supported living" means residential services provided "Group training home" means a certified nonprofit to clients living in their own homes, which are owned, rented, residential facility that provides full-time care, treatment, or leased by the clients or their legal representatives. (See training, and maintenance for clients, as defined under RCW WAC 388-820-080 for more details.) • 7 lA.22.020(2). "Trust account" means a bank account containing two. "IFP" refers to individual financial plan. (See WAC or more clients' funds where the service provider has the 388-820-620.) authority to make deposits and withdrawals. Emergency [ 21 Washington State Register, Issue 03-04 WSR 03-03-115 AMENDATORY SECTION (Amending WSR 01-22-020, "Attendant care" means provision of physical and/or filed 10/26/01, effective 1/1102) behavioral support to protect the safety and well being of a client. t WAC 388-820-060 Who may receive residential ser- vices? Clients ((whe)) may receive residential services if "Best interest" includes, but is not limited to, client- they are at least eighteen years old and either authorized by centered benefits to: DDD ((may receive)) or have an agreement with the service ( 1) Prevent regression or loss of skills already acquired; provider to purchase residential services from their own (2) Achieve or maintain economic self-support; resources. (3) Achieve or maintain self-sufficiency; (4) Prevent or remedy neglect, abuse, or exploitation of individuals unable to protect their own interest; AMENDATORY SECTION (Amending WSR 01-22-020, (5) Preserve or reunite families; and filed 10/26/01, effective 1/1/02) (6) Provide the least-restrictive setting that will meet the WAC 388-820-120 Who pays for a client's residential person's medical and personal needs. services? (1) DSHS must pay for residential services pro- "Client or person" means a person the division deter- vided to department-funded clients under department con- mines under RCW 71 A.16.040 and WAC 388-825-030 eligi- tract at the contracted rate. ble for division-funded services. ((DSHS m1 1st reEJ1 1ire a clieflt to sfiare t1'le cost of ser "Community support services" means one or more of vices when mandated ey federal or state statute or reg1:1la the services listed in RCW 7 lA.12.040 including, but not tioft)) Clients not included in the department contract may limited to the following services: Architectural, case man- purchase services privately through a separate agreement agement, early childhood intervention, employment, coun- with the service provider. seling, family support, respite care, information and referral, (3) The service provider must inform DSHS when the health services and equipment, therapy services, and residen- ((eJ.ief!t)) department-funded clients requires additional sup- tial support. ports. "Comoanion home" means the same as "intensive (a) The service provider must submit a written request individual supported living suoport." with justification for additional service hours. "Department" means the department of social and (b) DSHS may approve and provide payment for addi- health services of the state of Washington. • tional expenses or services. "Director" means the director of the division of devel- • (c) The service provider must retain a copy of depart- opmental disabilities. ment approval. "Division or DDD" means the division of developmen- (4) For a client who is receiving group home services tal disabilities of the department of social and health services. and support: "Emergency" means a sudden, unexpected occurrence (a) The client must pay for cost of care or services from demanding immediate action. earnings or other financial resources. Clients receiving SSI "Exemption" means the department's approval of a are responsible only for the cost of room and board. written request for an exception to a rule in this chapter. (b) DSHS may pay for these services only after a depart- "Family" means individuals, of any age, living together ment-funded client has used his or her own financial in the same household and related by blood, marriage, adop- resources. tion or as a result of sharing legal custody of a minor child. (c) When a client's guardian or legal representative con- "Family resources coordinator" means the person trols the client's income, estate, or trust fund, they must reim- who is: burse the service provider as described in WAC 388-820- (1) Recognized by the IDEA Part C lead agency; and 120. (2) Responsible for: (5) Clients receiving supported living services must pay (a) Providing family resources coordination; for their own housing, utilities, food, clothing, and other per- (b) Coordinating services across agencies; and sonal and incidental expenses from earnings and other finan- (c) Serving as a single contact to help families receiving cial resources. assistance and services for their eligible children who are under three years of age. AMENDATORY SECTION (Amending WSR 02-16-014, "ICF/MR" means a facility certified as an intermediate filed 7/25/02, effective 8/25/02) care facility for the mentally retarded by Title XIX to provide services to the mentally retarded or persons with related con- WAC 388-825-020 Definitions. "Abandonment" ditions. means action or inaction by a person or entity with a duty to "ICF/MR Eligible" for admission to an ICF/MR means care for a vulnerable adult that leaves the vulnerable person a person is determined by DDD as needing active treatment • without the means or ability to obtain necessary food, cloth- as defined in CFR 483.440. Active treatment requires: .ing, shelter, or health care. (I) Twenty-four hour supervision; and "Adolescent" means a DDD eligible child age thirteen (2) Continuous training and physical assistance in order through seventeen years. to function on a daily basis due to deficits in the following [3] Emergency WSR 03-03-115 Washington State Register, Issue 03-04 areas: Toilet training, personal hygiene, dental hygiene, self- adult family homes, adult residential care services, nursing feeding, bathing, dressing, grooming, and communication. homes, and children's foster homes. "Individual" means a person applying for services from "Respite care" means temporary residential services • the division. provided to a person and/or the person's family on an emer- • "Individual alternative living" means provision of gency or planned basis. community-based individualized client training, assistance "Secretary" means the secretary of the department of and/or ongoing support to enable a client to live as indepen- social and health services or the secretary's designee. dently as possible with minimal services. "State supplementary payment (SSP)" is the state (("lHdividual supportive liviAg service" (also kAOWA as paid cash assistance program for certain DDD eligible SSI eompaAioA home) meaAs pro\·isioA of tweAty fo1:1r hour resi clients. deAtial s1:1pport iA a AOAlieeAsed home fur oAe adult persoA "Vacancy" means an opening at a RHC, which when with developmeAtal disaeilities.)) filled, would not require the RHC to exceed its 1997 biannu- "Intelligence quotient score" means a full scale score ally budgeted capacity, minus: on the Wechsler, or the intelligence quotient score on the (1) Twenty-six beds designated for respite care use; and Stanford-Binet or the Leiter International Performance Scale. (2) Any downsizing related to negotiations with the "Intensive individual supported living support" (also Department of Justice regarding community placements. known as companion home) means provision of twenty-four "Vulnerable adult" means a person who has a develop- hour residential support in a nonlicensed home for no more mental disability as defined under RCW 7 lA.10.020. than one adult person with developmental disabilities in a regular family residence approved and contracted by the AMENDATORY SECTION (Amending WSR 02-16-014, department ensuring client health, safety and well-being. filed 7 /25/02, effective 8/25/02) "Medicaid personal care" is the provision of medically necessary personal care tasks as defined in chapter 388-15 WAC 388-825-055 Authorization of services. (1) The WAC. division's field services section shall be responsible for "Nonresidential programs" means programs includ- authorizing state paid services agreed to by the person/family ing, but not limited to, county-funded habilitation services. including, but not limited to: "Nursing facility eligible" means a person is assessed (a) Placement to and from residential habilitation cen- by DDD as meeting the requirements for admission to a ters; licensed nursing home as defined in WAC 388-71-0700 (3) (b) Community residential services; .• through (5). The person must require twenty-four hour care (c) Family support services; and • provided by or under the supervision of a licensed nurse. (d) Nonresidential programs. "Other resources" means resources that may be avail- (2) The division's authorization of services shall be able to the client, including but not limited to: based on the ((availaeility of)) services and funding avail- (1) Private insurance; able. (2) Medicaid; (a) Persons must meet the programmatic and financial (3) Indian health care; eligibility requirements for the specific services; (4) Public school services through the office of the (b) Funding for state paid services is available in the superintendent of public instruction; and state operating budget; and (5) Services through the department of health. (c) SSP funding is not available to the client. The avail- "Part C" means early intervention for children from ability of SSP funding makes the client ineligible for state birth through thirty-five months of age as defined in the Indi- funding for the same service. viduals with Disabilities Education Act (IDEA), Part C and (3) The division will include the following persons when 34 CFR, Part 303 and Washington's federally approved grant. determining authorized services: "Residential habilitation center" or "RHC" means a (a) The person; state-operated facility certified to provide ICF/MR and/or (b) The person's parent or guardian and may include: nursing facility level of care for persons with developmental (i) The person's advocate; or disabilities. (ii) Other responsible parties. "RHC capacity" means the maximum number of eligi- (4) Per RCW 71A.16.010 the division shall offer adults ble persons that can reside in a residential habilitation center the choice "of admittance to a residential habilitaiion center if without exceeding its 1997 legislated budgeted capacity. all of the following conditions exist: "Residential programs" means provision of support (a) An RHC vacancy is available; for persons in community living situations. Residential pro- (b) Funding, specifically designated for this purpose in grams include DDD certified community residential services the state operating budget, is available for alternative com- and support, both facility-based such as, licensed group munity support services; homes, and non-facility based, i.e., supportive living, inten- (c) The person or their family is requesting residential services; sive tenant support, and state-operated living alternatives • (SOLA). Other residential programs include individual alter- (d) The person meets ICF/MR or nursing facility eligibil-· native living, intensive individual supportive living services, ity for the available RHC vacancy; Emergency [ 4] Washington State Register, Issue 03-04 WSR 03-03-115 (e) The person is the most in need of residential services AMENDATORY SECTION (Amending WSR 02-16-014, as determined by DDD after reviewing all persons deter- filed 7 /25/02, effective 8/25/02) • mined eligible for ICF/MR or nursing facility level of care. .DDD will make this selection based on the following criteria: WAC 388-825-100 Notification. (1) The department (i) The person is age eighteen or older; shall notify the client or applicant, the parent when the client (ii) The person's/family's health and safety is in jeopardy or applicant is a minor, and the guardian when the client or due to the lack of necessary residential support and supervi- applicant is an adult, of the following decisions: sion: (a) Denial or termination of eligibility set forth in WAC (A) Priority is given to eligible persons/families cur- ((388 825 100)) 388-825-030 and 288-825-035; rently without necessary residential supports; (b) Development or modification of the individual ser- (B) Other eligible persons will be considered based on vice plan set forth in WAC 388-825-050; their risk of losing residential supports due to unstable or (c) Authorization, denial, reduction, or termination of deteriorating circumstances. services or payment of SSP set forth in WAC ((388 825 (f) The person's alternative DDD funded community -100)) 388-825-055; and support services would cost seventy percent or more of the (d) Admission or readmission to, or discharge from, a average RHC rate, assuming a minimum household size of residential habilitation center. three persons. (2) The notice shall set forth appeal rights pursuant to (5) If RHC capacity is not being used for permanent res- WAC 388-825-120 and a statement that the client's case man- idents, the division will make these vacancies available for ager can be contacted for an explanation of the reasons for the respite care or any other services the department determines action. are needed and allowable within the rules governing the use (3)(a) The department shall provide notice of a denial or of federal funds. partial authorization of a family support services request and (a) Admission of a child or adolescent to an RHC for a statement of reason for denial or partial authorization, or respite care requires the written approval of the division reduction to the person or persons described in subsection (1) director or designee. of this section. The department shall send such notice no later (b) Respite care exceeding thirty days in a calendar year than five working days before the end of the month previous is subject to subsection (6) of this section. to the month for which service was requested; (6) The division shall not make an emergency or tempo- (b) The department shall make available an administra- rary admission of a person to a residential habilitation center tive review of a decision to deny or partially authorize ser- ~or thirty-one days or more without the written approval of vices upon receipt of a written request by a person or persons phe division director or the director's designee if the admis- described in subsection (1) of this section to the administrator sion is not a choice provided under subsection (4) of this sec- of the region in which the client is living. The regional office tion. must receive a request for administrative review by the last (a) Children twelve years of age and younger shall not be working day of the month; admitted to an RHC. (c) The client shall state in the written request why the (b) Admission of an adolescent to an RHC can only client or client's family believes their service priority desig- occur if: nation is not correct; (i) DDD determines that foster placement services can- (d) Upon receipt of request for administrative review, the not meet the emergency needs of the child/family; and regional administrator or designee shall review the request (ii) A voluntary placement plan is in place with DDD and the client file; and with the goal of community placement or family reunifica- (e) The department shall send the results of the adminis- tion; and trative review to the client and/or family within the first five (iii) Progress towards placement planning is reported to working days of the service month for which the client is the division director at least every ninety days. being denied or receiving a partial authorization for services. (7) The division shall authorize county-funded services (4) The department shall provide at least thirty days' only when the((:- advance notice of action to terminate a client's eligibility, ter- faj)) §.ervice is included in a department contract((-;-ftfld minate or reduce a client's service, or discharge a client froni fbj));_ a residential habilitation center to the community. Transfer or (a) The person is at least twenty-one years of age and removal of a client from a service set forth in WAC 388-825- ((graat1atea from sehool 6t1riag their tweat)' first year; or))!.§. 120 (5)(f) is governed by that section, and reduction of family no longer attending school; or support funding during the service authorization period is (b) The person is age twenty and graduates prior to covered by subsection (3)(a) of this section. his/her July or August twenty-first birthday; or (5) All parties affected by such department decision shall (c) ((Persoa is tweaty two years of age or older; or be consulted, whenever possible, during the decision process (a) Persoa)) The child is two years of age or younger and by the responsible field services regional office in person eligible for early intervention services. and/ or by telephone. • (8) The department shall require a person to participate (6) The division shall ensure notification to the school .n defraying the cost of services provided when mandated by district in which a school-aged child is to be placed when a state or federal regulation or statute. placement decision is reached. [5] Emergency WSR 03-03-115 Washington State Register, Issue 03-04 AMENDATORY SECTION (Amending WSR 02-16-014, ti.ill The client's service provider is no longer able.to pro- filed 7/25/02, effective 8/25/02) vide services due to: (A) Termination of the provider's contract; • WAC 388-825-120 Adjudicative proceeding. (1) A (B) Decertification of the provider; • client, former client, or applicant acting on the applicant's (C) Nonrenewal of provider's contract; own behalf or through an authorized representative has the (D) Revocation of provider's license; or right to an adjudicative proceeding to contest the following (E) Emergency license suspension. department actions: (a) Denial or termination of eligibility set forth in WAC ((fffi1)) fly} The client, the parent when the client is a ((388 825 100)) 388-825-030 and 388-825-035; minor, or the guardian when the client is an adult, approves (b) Development or modification of the individual ser- the decision. vice plan set forth in WAC 388-825-050; (6) When the appellant files an application to contest a (c) Authorization, denial, reduction, or termination of decision to return a resident of a state residential school to the community, the procedures specified in RCW 7 lA.10.050(2) services or payment of SSP set forth in WAC ((388 825 -100)) 388-825-055; shall govern the proceeding. These procedures include: ( d) Admission or readmission to, or discharge from, a (a) A placement decision shall not be implemented dur- residential habilitation center; ing any period during which an appeal can be taken or while ( e) A claim the client, former client, or applicant owes an an appeal is pend.ing and undecided unless the: overpayment debt; (i) Client's or the client's representative gives written (f) A decision of the secretary under RCW 71A.10.060 consent; or or 71A.10.070; (ii) Administrative law judge (or review judge) after (g) A decision to change a client's placement from one notice to the parties rules the appellant has caused an unrea- category of residential services to a different category of res- sonable delay in the proceedings. idential services. (b) The burden of proof is on the department; and (2) Adjudicative proceedings are governed by the (c) The burden of proof is whether the specific place- Administrative Procedure Act (chapter 34.05 RCW), RCW ment proposed by the department is in the best interests of the 71A.10.050, the rules in this chapter, and by chapter 388-02 resident. WAC. If any provision in this chapter conflicts with chapter (7) The ((iRitial order shall be made)) administrative law 388-02 WAC, the provision in this chapter shall govern. judge shall issue an initial or final order within sixty days of (3) The applicant's application for an adjudicative pro- the department's receipt of the application for an adjudicative ceeding shall be in writing and filed with the DSHS office of proceeding. When a party files a petition for administrative. appeals within twenty-eight days of receipt of the decision review, allowed under WAC 388-02-0215 (4)(w)(x) and/or. the appellant wishes to contest. ,(y1 the review order shall be made within sixty days of the (4) The department shall not implement the following department's receipt of the petition. The decision~rendering actions while an adjudicative proceeding is pending: time is extended by as many days as the proceeding is contin- (a) Termination of eligibility; · ued on motion by, or with the assent of, the appellant. (b) Reduction or termination of service, except when the action to reduce or terminate the service is based on the avail- AMENDATORY SECTION (Amending WSR 84-07-018 ability of funding and/ or service; or (Order 2086) [99-19-104], filed 9/20/99, effective 9/20/99) (c) Removal or transfer of a client from a service, except when a condition in subsection (5)(f) of this section is WAC 388-825-180 Eligible persons. (1) To be eligible to apply for community alternatives program (CAP) services, present. (5) The department shall implement the following the individual must: actions while an adjudicative proceeding is pending: (a) Meet the criteria for the division of developmental (a) Denial of eligibility; disabilities (DDD) eligibility. (b) Development or modification of an individual ser- (b) Meet the criteria for disability as established in the v,ice plan; Social Security Act. (c) Denial of service; (c) Have an income ofless than three hundred percent of (d) Reduction or termination of service when the action the federal Supplemental Security Income (SSI) benefit amount. to reduce or terminate the service is based on the availability · of funding or service; (d) Need an IMR level of care as determined by a DDD (e) After notification of an administrative law judge's (or nursing care consultant. review judge) ruling that the appellant has caused an unrea- (i) Require twenty-four hour care and require services sonable delay in the proceedings; or that cannot be provided by a family member, and (f) Removal or transfer of a client from a service when: (ii) Have a documented need for habilitation services and (i) An immediate threat to the client's life or health is training. present; (e) Does not have SSP funding for the needed habilita- (ii) Service termination or transfer for a specific group of tion services and training. • clients in order to meet the intent of and comply with sections (2) Participation in CAP is by choice of the otherwise. 205 and 207. chapter 371. Laws of 2002; !MR-eligible person. Emergency [ 6] Washington State Register, Issue 03-04 WSR 03-03-115 Reviser's note: The bracketed material preceding the section above department and do not govern services purchased by the fam- was supplied by the code reviser's office. ily with SSP (state supplementary payment) funding (see WAC 388-825-570). t AMENDATORY SECTION (Amending WSR 02-16-014, ill Up to nine hundred dollars of the service need level filed 7/25/02, effective 8/25/02) amount in WAC ((388 825 252)) 388-825-254 may be used WAC 388-825-205 Who is eligible to participate in during a one year period for flexible use as follows. The requested service must be necessary as a result of the disabil- the family support opportunity program? (1) All individ- ity of the client. uals living with their families determined to be developmen- (a) Training and supports including parenting classes tally disabled according to WAC 388-825-030 and 388-825- and disability related support groups; 035 are eligible to participate in the program if their family (b) Specialized equipment and supplies including the requires assistance in meeting their needs. However, the pro- purchase, rental, loan or refurbishment of specialized equip- gram will fund or provide support services only as funding is ment or adaptive equipment not covered by another resource available. including Medicaid. Mobility devices such as walkers and (2) Persons currently receiving services under WAC wheelchairs are included, as well as communication devices ((388 825 030)) 388-825-252, Family support services, may and medical supplies such as diapers for those more than volunteer to participate in the program. three years of age; ·· (3) Families will receive program services based on one (c) Environmental modification including home repairs or more of the following criteria: The date of application, eli- for damages, and modifications to the home needed because gibility for SSP or other available funding, and/or CAP of the disability of the client; waiver status. (d) Medical/dental services not covered by any other (4) Availability of the SSP makes the family ineligible resource. This may include the payment of insurance premi- for other state funding for the same service. ums and deductibles and is limited to the premiums and deductibles of the client; AMENDATORY SECTION (Amending WSR 02-16-014, (e) Special formulas or specially prepared foods needed filed 7/25/02, effective 8/25/02) because of the disability of the client; (f) Parent/family counseling dealing with a diagnosis, WAC 388-825-252 Family support services. (1) The grief and loss issues, genetic counseling and behavior man- purpose of the family support program is to: agement; (a) Reduce or eliminate the need for out-of-home resi- (g) Specialized clothing adapted for a physical disability, • dential placement of a client where the in-home placement is excessive wear clothing, or specialized footwear; • in the client's best interest; (h) Specialized utility costs including extraordinary sup- (b) Allow a client to live in the most independent setting plemental utility costs related to the client's disability or med- possible; and ical condition; · (c) Have access to services best suited to a client's needs. (i) Transportation costs for gas or tickets (ferry fare, tran- (2) The department's family support services shall sit cost) for a client to get to essential services and appoint- include, the following services: ments, if another resource is not available; (a) Respite care, including the use of community activi- (j) Other services approved by the DDD regional admin- ties which provide respite; istrator or designee that will replace or reduce ongoing (b) Attendant care; departmental expenditures and will reduce the risk of out-of- (c) Nursing services provided by a registered nurse or home placement. Exemption requests under this section are licensed practical nurse, that cannot be provided by an unli- not subject to appeal. censed caregiver, including but not limited to, ventilation, ((f41)) ® Recommendations will be made to the catheterization, insulin injections, etc., when not covered by regional admfoistrator by a review committee. The regional another resource; administrator will approve or disapprove the request and will (d) Therapeutic services, provided these therapeutic ser- communicate reasons for denial to the committee. vices are not covered by another resource such as medicaid, ((~))ill Payment for services specified in subsection private insurance, public schools, or child development ser- ((f31)) ill. except ((f31)) ill(a) and (h), shall cover only the vices funding, including: portion of cost attributable to the client. (i) Physical therapy; ((f67)) .(fil Requests must be received by DDD no later (ii) Occupational therapy; than midway through the service authorization period unless (iii) Behavior management therapy; and circumstances exist justifying an emergency. (iv) Communication therapy; or ((f71)) .(2} A plan shall be developed jointly by the family (v) Counseling for the client relating to a disability. and the department for each service authorization period. The (3) Receiving family support services is based on: department may choose whether to contract directly with the (a) Funding for state paid services available in the state vendor, to authorize purchase by another agency, or may operating budget; or reimburse the parent of the client. • (b) SSP funding available to the client/family. ((f-81)) .Ll.Q} Emergency Services. Emergency funds may • (4) The following rules. subsections (5) through (9). be requested for use in response to a single incident or situa- apply only to family support services authorized by the tion or short term crisis such as care giver hospitalization, (7) Emergency WSR 03-03-115 Washington State Register, Issue 03-04 absence, or incapacity. The request shall include anticipated (B) If the combined total of family support services at resolution of the situation. Funds shall be provided for a lim- this maximum plus in-home support is less than fifty-six hun- ited period not to exceed two months. All requests are to be dred four dollars, additional family support can be authorized • reviewed and approved or denied by the regional administra- to bring the total to four hundred fifty-six dollars. • tor or designee. · (iii) Clients designated for service need level three ((f91)) illl A departmental service authorization shall (WAC 388-825-256) may receive up to two hundred fifty-six state the type, amount, and period (duration) of service. Each dollars per month provided the client is not receiving Medic- department authorization shall constitute a new service for a aid personal care. If the client is receiving Medicaid personal new period. care or other DSHS in-home residential support service, the ((f-1-0t)) .Ll2l If the client becomes eligible and begins to maximum receivable through family support shall be one receive Medicaid Personal Care services as defined in WAC hundred twenty-eight dollars per month; and ((388 15 202 thr01:1gh 388 15 203)) 388-71-0202 and 388- (iv) Clients designated for service level four <WAC 388- 71-0203, the family support funding will be reduced at the 825-256) may receive up to one hundred twenty-eight dollars beginning of the next month of service. The family will per month family support services. receive notice of the reconfiguration of services at least five ((fe1))@ Availability of family support funding; working days before the beginning of the month. ((fdt)) U<l Authorization by a review committee, in each ((f-1-B)) illl If requested family support services are not regional office, which reviews each request for service; authorized, such actions shall be deemed a denial of services. ((fe1)) ill The amounts designated in subsection (l)(b)(i) ((fh!1)) 1..M). Family support services may be authorized through (iv) of this section are subject to periodic increase if below the amount requested by the family for the period. vendor rate increases are mandated by the legislature. When, during the authorized service period, family support (2) The department shall authorize family support ser- services are reduced or terminated below the amount speci- vices contingent upon the applicant providing accurate and fied in service authorizations, the department shall deem such complete information on disability-related requests. actions as a reduction or termination of services. (3) The department shall ensure service authorizations do not exceed maximum amounts for each service need level based on the availability of funds. ! • '. AMENDATORY SECTION (Amending WSR 02-01-074, (4) The department shall not authorize a birth parent, filed 12/14/01, effective 1/14/02) adoptive parent, or stepparent living in the same household as WAC 388-825-254 Service need level rates. ( 1) The the client as the direct care provider for respite, attendant, department shall base periodic service authorizations on: nursing, therapy, or counseling services for a child seventeen (a) Requests for family support services described in years of age or younger. 41 WAC 388-825-252(2) ((of this seetioR)) and (5); (b) Service need levels ((as deseribeEI iR WAC 388 825 NEW SECTION 252(3) of this ehapter)). The amount of SSP (state supple- mentary payment) available to a client will be included when WAC 388-825-500 What is the State Supplementary calculating the monthly allocation of state family support Payment that will be administered by the division of dollars. developmental disabilities (DDD)? The State Supplemen- .(£l Service need level lid amounts are as follows: tary Payment (SSP) is a state-paid cash assistance program (i) Clients designated for service need level one (WAC for certain clients of the division of developmental disabili- 388-825-256) may receive up to one thousand one hundred ties. fifty-six dollars per month or two thousand four hundred sixty-two dollars per month if the client requires licensed NEW SECTION nursing care in the home: (A) If a client is receiving funding through Medicaid WAC 388-825-505 What are the eligibility require- Personal Care or other DSHS in-home residential support, the ments for the DDD/SSP program? To be eligible to receive maximum payable through family support shall be five hun- DDD/SSP, you must be determined DDD eligible under dred twelve dollars per month; RCW 7 lA.10.020 and meet all of the financial and program- (B) If the combined total of family support services at matic criteria for DDD/SSP. this maximum plus in-home support is less than one thousand one hundred fifty-six dollars additional family support can be NEW SECTION authorized to bring the total to one thousand one hundred fifty-six dollars. WAC 388-825-510 What are the financial eligibility (ii) Clients designated for service need level two (WAC requirements to receive DDD/SSP? You must have been 388-825-256) may receive up to four hundred fifty-six dol- eligible for SSI cash assistance in March 2002 and currently lars per month ifnot receiving funding through Medicaid per- be eligible for SSI cash assistance. sonal care: (A) If a client is receiving funds through Medicaid per- NEW SECTION sonal care or other DSHS in-home residential support ser- vice, the maximum receivable through family support shall WAC 388-825-515 What are the programmatic 41 be two hundred fifty-six dollars per month; requirements for DDD/SSP? (1) You received one or more Emergency [ 81 Washington State Register, Issue 03-04 WSR 03-03-115 of the following ser\:'ices from DDD with state-only funding receive no CAP waiver services from DDD other than transi- between March l, 2001 and February 28, 2002, were tion' e~ployment/day program services, you will receive approved by Di:i>D for one of these services in July 2002 and transition employment/day program services according to are approved by DDD to receive one of these services. WAC 388-825-055(7). You will not receive SSP for these (a) Certain voluntary placement program services, which services. include: (5) For employment/day programs services for persons (i) Foster care basic maintenance, born prior to September 1, 1979, you have been assessed by (ii) Foster care specialized support, DDD, the division of vocational rehabilitation (DVR) or the (iii) Agency specialized support, department of services for the blind to be in need of long- (iv) Staffed residential home, term support, and: (v) Out-of-home respite care, (a) You were authorized by DDD and the county for (vi) Agency in-home specialized support, employment/day program services for December 2002; and (vii) Group care basic maintenance, (b) These services were funded totally with state funds; (viii) Group care specialized support, and (ix) Transportation, (c) You were born prior to September 1, 1979; and (x) Agency attendant care, (d) You continue to receive services from a county or (xi) Child care, county-contracted provider. (xii) Professional services, (xiii) Nursing services, NEW SECTION (xiv) Interpreter services, (b) Family support; WAC 388-825-520 How often will my eligibility for (c) Residential services from one or more of the follow- DDD/SSP be re-determined? Redetermination of eligibility ing licensed, certified and/or contracted providers: for the DDD/SSP program will be conducted at least every (i) Adult family home, twelve months, or more frequently if deemed necessary by (ii) Adult residential care facility, DDD. (iii) Alternative living, (iv) Group home, NEW SECTION (v) Supported living, (vi) Agency attendant care, WAC 388-825-525 How will I know if I am eligible to • (vii) Supported living or other residential service allow- receive a DDD/SSP payment? You will receive a written • ance, notification from DDD if you have been identified as eligible (viii) Intensive individual supported living support for this program. (companion homes). (2) For individuals with community protection issues as NEW SECTION defined in WAC 388-820-020, the department will determine eligibility for SSP on a case-by-case basis. WAC 388-825-530 Can I choose not to accept (3) For new authorizations of family support opportu- DDD/SSP payments? If your service funding has been con- nity, verted to the DDD/SSP program, DDD/SSP payments are the (a) You were on the family support opportunity waiting only way you can receive that funding. list prior to January 1, 2003; and (1) If you choose not to receive DDD/SSP payments, you (b) You are on the CAP waiver; and will not receive department funding for that service. (c) You continue to meet the eligibility requirements for (2) Your community alternatives program (CAP) waiver the family support opportunity program. service(s) not funded by DDD/SSP payments will not be (4) For transition employment/day program services: affected by your choice to receive or reject DDD/SSP pay- (a) You received or will receive transition employ- ments. ment/day program services from a county or a county-con- tracted provider funded by DDD between July 1, 2001 and NEW SECTION June 30, 2003, and: (i) You have been assessed by DDD, the division of WAC 388-825-535 Can I apply for the DDD/SSP vocational rehabilitation (DVR) or the department of services program if. I am not identified by DDD as eligible for the for the blind to be in need of long-term support; and DDD/SSP program'? You can apply through your case (ii) Were born between September 1, 1979 and August resource manager to determine eligibility for SSP but eligi- 31, 1981; and bility is limited to those meeting the eligibility requirements (iii) Receive services from ·a county or a county-con- in WAC 388-825-505, 388-825-510 and 388-825-515. tracted provider; and (iv) You have developed a plan with DDD for employ- NEW SECTION • ment/day program services. • (b) If you are on the community alternatives program WAC 388-825-540 What are my appeal rights if (CAP) waiver and received transition employment/day pro- DDD determines that I am not eligible for DDD/SSP? ( 1) gram services between July 1, 2001 and August 31, 2002, but You have the right to appeal the department's denial,, termina- [9) Emergency WSR 03-03-115 Washington State Register, Issue 03-04 tion, or reduction of services. Your rights to an adjudicative NEW SECTION proceeding are in WAC 388-825-120. WAC 388-825-550 How often will I receive my DDD/ • (2) Your current services will not be continued while the SSP warrant/check? You will receive a monthly war- • matter is being appealed if the service termination or transfer rant/check from the state. is for a specific group of clients in order to meet the legisla- tive intent of and comply with sections 205 and 207, chapter NEW SECTION 371, Laws of2002. WAC 388-825-555 Who will the warrant/check be sent to? (1) If you are a child under the age of eighteen, the NEW SECTION warrant/check will be sent to your legal representative or pro- WAC 388-825-545 How much money will I receive? tective payee or representative payee. The department will determine your payment amount. (2) If you are a person age eighteen and older, the war- (1) For residential and VPP services, the amount of your rant/check will be sent directly to your protective payee or representative payee if you have one. SSP will be based on the amount of state-only dollars spent (3) If you do not have a protective payee or representa- on certain services for July 2002. tive payee, the warrant/check will be sent directly to you. (2) For family support services, refer to WAC 388-825- 200 through 388-825-284. NEW SECTION (a) If you are on the community alternatives program (CAP) waiver: WAC 388-825-560 How will the warrant/check be (i) You will receive nine hundred dollars DDD/SSP sent? You may choose to have your check delivered through the US Postal Service, or as an electronic funds transfer. money per year to use as you determine; (ii) The remainder up to the maximum allowed may be NEW SECTION authorized by DDD to purchase CAP waiver services and will be paid directly to the provider. WAC 388-825-565 When will DDD/SSP begin issu- (b) If you are not on the CAP waiver, you will receive the ing payments? Payments will begin in August 2002 for Sep- yearly maximum allowed in the form of DDD/SSP money to tember 2002 services for all services except new authoriza- use as you determine. tions for family support opportunity and employment/day t (c) The yearly amount of DDD/SSP money will be pro- program services. New authorizations for family support rated into monthly amounts. You will receive one twelfth of opportunity will begin in January 2003 for February 2003 the yearly amount each month. services. For transition employment/day program services, payments will be phased in, beginning in September 2002 for (d) You may have already received services paid by October 2002 services. For other employment/day program DDD before the DDD/SSP program began. The amount you services, payments will be phased in, beginning in November already received will be subtracted from the yearly amounts 2002 for December 2002 services. stated above, and the remainder will be prorated by the num- ber of months remaining in your service year. NEW SECTION EXAMPLE: Your service year runs from July 2002 through June WAC 388-825-570 Are there rules restricting how I 2003. You are on the CAP waiver. You received three hun- use my DDD/SSP money? (1) For family support: dred dollars before the DDD/SSP program began. In Sep- (a) If you are on the CAP waiver: tember, you have ten months remaining in your service year. (i) Nine hundred dollars DDD/SSP money per year may The remaining amount of six hundred dollars (nine hundred be used as you determine; dollars minus three hundred dollars already received) will be (ii) The remainder up to the maximum allowed may be prorated for ten months. You will receive sixty dollars per authorized by DDD and paid directly to the provider for the following CAP waiver services: month for September through June 2003. (A) Respite care, not including community activities; (3) For transition and other employment/day program (B) Attendant care; services, the department will individually determine the (C) Nursing services; amount of your payment. (D) Therapies, including: (I) Physical therapy; NEW SECTION (II) Occupational therapy; (III) Behavior management therapy; and WAC 388-825-546 May I voluntarily remove myself (IV) Communication therapy; or from the community alternatives program (CAP) waiver (V) Counseling for the client relating to a disability. t in order to increase the amount of my SSP? You may vol- (E) Family consultation and training; untarily remove yourself from the CAP waiver but your SSP (F) Specialized equipment and supplies; will not increase because of this action. (G) Environmental modifications; Emergency [ 10] Washington State Register, Issue 03-04 WSR 03-03-115 (H) Medications not covered by Medicaid; and (3) There is a change in your living arrangement that (I) Transportation costs. affects your eligibility for the receipt of service. • (b) If you are not on the CAP waiver, you may use the • maximum allowed in the form of DDD/SSP money as you NEW SECTION determine. (2) For voluntary placement program (VPP): WAC 388-825-576 Do I have additional responsibili- (a) DDD/SSP funds for current VPP children under age ties when I purchase my own services? (1) When you pur- eighteen must be used to purchase VPP services from a state chase in-home services from individuals, you become the contracted and/or licensed provider. employer. As the employer, you may have tax liabilities. If (b) DDD/SSP funds for current VPP persons age eigh- you have questions regarding employer tax issues, you can teen through age twenty must be used to purchase VPP ser- contact the Internal Revenue Service. vices from a provider who is contracted by the state and is (2) If you want to obtain a criminal background check of either licensed or certified. any employee who will have unsupervised access to children (3) For adult residential services, requirements will vary or adults with developmental disabilities, you may get the background check done through the State Highway Patrol or according to residence: (a) Persons currently receiving services from a certified DSHS. You can ask DDD to assist you with completing or licensed provider must use their DDD/SSP money to pur- these background checks. chase residential services. Examples of these residential pro- viders: adult family home, adult residential care, group NEW SECTION home, supported living, and agency attendant care. WAC 388-825-580 What happens if I do not spend (b) Persons receiving alternative living or companion my DDD/SSP money as required in WAC 388-825-570? home services from an individual contracted with DSHS/ DDD and who choose to continue to use an individual pro- DSHS has the right to recover any SSP benefit issued by DDD and terminate eligibility for SSP if it is determined that: vider, must use persons contracted with DSHS/DDD. ( 1) The SSP benefits were not spent as required in WAC (4) For service allowance or other residential client 388-825-570; or allowance, you are required to use this money for necessary (2) You no longer are eligible for SSI cash benefits, and living expenses only; i.e., rent, food, utilities. continued to collect DDD/SSP; or (5) For transition employment/day program services, (3) Your living situation changed, the living situation you are required to use this money to purchase transition impacts eligibility for funding, and you continued to collect employment/day program services from a county or a DDD/SSP. t county-contracted provider. (6) For other employment/day program services, you are required to use this money to purchase employment/day pro- NEW SECTION gram services from a county or a county-contracted provider. WAC 388-825-585 When will the department stop sending my DDD/SSP money? The department will stop NEW SECTION sending your DDD/SSP money when: ( 1) You no longer are eligible for SSI; WAC 388-825-571 May I purchase services from a (2) Your living arrangement changes and the change provider who lives outside the state of Washington? The affects your eligibility for service; provider does not have to live within the state, subject to the (3) You no longer require the service; or following limitations. (4) Your DDD eligibility is terminated. (1) For family support, you may use your SSP as you determine best. (2) For employment/day program services, you must NEW SECTION purchase services from a county of the state of Washington or WAC 388-825-590 What is a representative payee? A from a provider who has a contract with a county of the state representative payee is a person, organization, institution or of Washington. agency that manages your DDD/SSP and ensures that the (3) For all other services, you must purchase services funds are spent on services contained in WAC 388-825-570. from a person or provider who is licensed or certified by and They may also provide services such as helping you manage contracted with the state of Washington. your money. NEW SECTION WAC 388-825-575 What changes must I report to WAC 388-825-591 Who can be a representative the department? You must report changes in your circum- payee for my DDD/SSP? ( 1) A representative payee may be: stances within ten days from the date you become aware of (a) The person, organization, institution or agency who the change. You must tell us if: acts as your representative payee for Supplemental Security t (1) Your SSI stops; Income (SSI); (2) You address changes; or (b) Your parent, if you are under eighteen; [ 11] Emergency WSR 03-03-115 Washington State Register, Issue 03-04 {c) Your spouse; or (d) A person, organization, institution or agency you select if the department approves your selection. (2) If you select a representative payee under subsection (l)(d) of this section, the department will evaluate the selec- tion according to the following criteria: (a) The relationship of the payee to you; (b) The amount of interest the payee shows in you; (c) Any legal authority the payee has to act on your behalf; (d) Whether the payee has custody of you; and (e) Whether the payee is in a position to know of and look after your needs. (3) The DOD director or designee will approve or deny your request for a representative under subsection (l)(d) of this section. NEW SECTION WAC 388-825-592 What are the responsibilities of a representative payee? A representative payee has the responsibility to: (1) Use the payments received only for the purpose for which they were intended; (2) Notify the department if any event happens that may affect the amount of benefits you receive; (3) Submit to the department, upon our request, a written report accounting for the payments received; and (4) Notify the department if any change in the payee's circumstances that would affect performance of the payee responsibilities. NEW SECTION WAC 388-825-600 Does DSHS make exceptions to the requirements in this chapter? DSHS may grant excep- tions to the requirements specified in this chapter as long as the following conditions are met: (1) You or your case manager may request an exception to a rule in this chapter. (2) The case manager must submit a written request for an exception to his or her DOD regional administrator. (3) DSHS will evaluate requests for exceptions, consid- ering: (a) The federal and state rules governing SSP; (b) The health and safety of the clients; ( c) The quality and necessity of the services; ( d) The availability of the services through normal chan- nels; (e) The impact on the client ifthe service is not provided; and (f) The impact on other clients of the program. (4) The ODD regional administrator will forward the request to the DOD director together with the regional administrator's recommendation to approve or deny the request. (5) The DOD director or designee will approve or deny the request in writing within sixty calendar days after receiv- ing the request from the case manager. (6) The department will notify you of the decision. Emergency [99-19-104], filed 9/20/99, effective 9/20/99) WAC 388-850-035 Services-Developmental disabil- ities. (1) A county may purchase and provide services listed under chapter 7 lA.14 RCW. .UU The department shall pay a county for department authorized services provided to an eligible developmentally disabled person~ (b) DD eligible persons who receive SSP funding for transition services shall pay the county or a county contracted provider for services. (2) A county may· purchase or provide authorized ser- vices. Authorized services may include, but are not limited to: (a) Early childhood intervention services; (b) Employment services; (c) Community access services; (d) Residential services; (e) Individual evaluation; (t) Program evaluation; (g) County planning and administration; ((-aOO)) (h) Consultation and staff development; and (i) SSP oversight. Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office. AMENDATORY SECTION (Amending WSR 92-13-032 (Order 3404) [99-19-104], filed 9/20/99, effective 9/20/99) WAC 388-850-045 Funding formula-Developmen- tal disabilities. (1) For the purposes of this section, "county" shall mean the legal subdivision of the state, regardless of any agreement with another county to provide developmental dis- abilities services jointly. (2) The allocation of funds to counties shall be based on the following criteria: (a) Each county shall receive a base amount of funds. The amount shall be based on the prior biennial allocation, including any funds from budget provisos from the prior biennium, and subject to the availability of state and federal funds; (b) The distribution of any additional funds provided by the legislature or other sources shall be based on a distribu- tion formula which best meets the needs of the population to be served as follows: (i) On a basis which takes into consideration minimum grant amounts, requirements of clients residing in an ICF/MR or clients on one of the division's Title XIX home and com- munity-based waivers, and the general population of the county, and special education enrollment as well as the pop- ulation eligible for county-funded developmental disabilities services; (ii) On a basis that takes into consideration the popula- tion numbers of minority groups residing within the county; [ 12 J Washington State Register, Issue 03-04 WSR 03-04-007 (iii) A biennial adjustment shall be made after these fac- Reviser's note: The bracketed material preceding the section above tors are considered; and was supplied by the code reviser's office. (iv) Countries not receiving any portion of additional funds pursuant to this formula shall not have their base allo- cation reduced due to application of this formula. (c) Funding appropriated through legislative proviso, WSR 03-04-007 including vendor rate increases, shall be distributed to the EMERGENCY RULES population directed by the legislature utilizing a formula as DEPARTMENT OF directed by the legislature or using a formula specific to that FISH AND WILDLIFE population or distributed to identified people; [Order 03-09-Filed January 24, 2003, 2:57 p.m.) ( d) The ability of the community to provide funds for the developmental disability program provided in chapter Date of Adoption: January 24, 2003. 7 lA.14 RCW may be considered with any or all of the above. Purpose: Amend commercial fishing regulations. (3)ll!} A county may utilize seven or less percent of the Citation of Existing Rules Affected by this Order: county's allocated funds for county administrative expenses. Repealing WAC 220-52-04600P; and amending WAC 220- 52-046. A county may utilize more than seven percent for county administration with approval of the division director. A Statutory Authority for Adoption: RCW 77.12.047. county electing to provide all services directly, in addition to Under RCW 34.05.350 the agency for good cause finds county administration, is exempt from this requirement~ that immediate adoption, amendment, or repeal of a rule is (b) A county may receive funds for oversight of employ- necessary for the preservation of the public health, safety, or ment/day program services purchased by DDD clients with general welfare, and that observing the time requirements of their SSP. based on the following conditions: notice and opportunity to comment upon adoption of a per- (i) The SSP oversight funds for the recipients described manent rule would be contrary to the public interest. below will be allocated at the same rate that the county Reasons for this Finding: The state may not authorize received in their original 2001-2003 DDD county program commercial shellfish harvest absent agreed planning or com- agreement for administrative expenses for these same indi- pliance with a process. The provisions of this rule are in con- viduals. These funds will be calculated by using the date the formity with agreed plans with applicable tribes which have recipient began receiving SSP. if the recipient: been entered as required by the court order. There is insuffi- CA) Was born between September l, 1979 and August cient time to promulgate permanent rules. 31. 1981; and Number of Sections Adopted in Order to Comply with (B) Received a county or county-contracted service Federal Statute: New 0, Amended 0, Repealed O; Federal between July 1. 2001 and June 30. 2002; and Rules or Standards: New 0, Amended 0, Repealed O; or CC) Continues to receive a county or county-contracted Recently Enacted State Statutes: New 0, Amended 0, service. Repealed 0. (ii) SSP oversight funds for the recipients described Number of Sections Adopted at Request of a Nongov- below will be allocated at the same rate that the county ernmental Entity: New 0, Amended 0, Repealed 0. received in their original 2001-2003 DDD county program Number of Sections Adopted on the Agency's Own Ini- agreement for administrative expenses for these same indi- tiative: New 1, Amended 0, Repealed 1. viduals. These funds will be calculated by using the date the Number of Sections Adopted in Order to Clarify, recipient began receiving SSP. if the recipient: Streamline, or Reform Agency Procedures: New O, CA) Was born prior to September 1. 1979; and Amended 0, Repealed 0. (B) Was authorized by DDD and the county for employ- Number of Sections Adopted Using Negotiated Rule ment/day program services for December. 2002; and Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- CC) Continues to receive a county or county-contracted ing: New 0, Amended 0, Repealed O; or Other Alternative service. Rule Making: New 0, Amended 0, Repealed 0. (iii) The SSP oversight funds for recipients described Effective Date of Rule: Immediately. below shall egual up to seven percent of the amount of the January 24, 2003 SSP received by the recipient. if the SSP recipient: J. P. Koenings CA) Was born between September 1. 1979 and August Director 31. 1981; and (B) Received no county or county-contracted service NEW SECTION prior to July 1. 2002; and CC) Received or will receive a county or county-con- WAC 220-52-04600P Coastal crab fishery-Special tracted service between July 1. 2002 and June 30. 2003; and management area. Notwithstanding the provisions of WAC CD) Continues to receive a county or county-contracted 220-52-046, effective immediately until further notice, it is service. unlawful for non-Indian commercial fishers to fish for or take (4) The department may withhold five or less percent of crab for commercial purposes, or place gear, in the following allocated funds for new programs, for statewide priority pro- areas during the periods indicated: grams, and for emergency needs. (I) The following area is closed through March 14, 2003: [ 13] Emergency WSR 03-04-027 Washington State Register, Issue 03-04 (a) Coastal waters between 47°40.50' N and 47°54.00'N, ing: New 0, Amended 0, Repealed O; or Other Alternative and east of a line described by the following points: Rule Making: New 0, Amended 0, Repealed 0. • Southern point: 47°40.50'Nl24°40.00'W Effective Date of Rule: Immediately. • Northern point: 47°54.00'Nl24°47.00'W January 23, 2003 (2) The following area is closed through March 31, 2003: Larry Davis (a) Coastal waters between 48°07.SO'N and 48°22.86'N, Executive Director and east of a line described by the following points: Southwest point: 48°07.50'Nl24°51.50'W Northwest point: 48°20.00'Nl24°50.00'W AMENDATORY SECTION (Amending WSR 01-13-108, filed 6/20/01, effective 7/21/01) Cape Flattery: 48°22.86'Nl24°43.83'W WAC 180-82-204 Endorsement requirements. (1) REPEALER Candidates for all primary teaching endorsements shall com- plete college/university programs approved by the state board The following section of the Washington Administrative of education pursuant to chapter 180-78A WAC, which Code is repealed effective 12:01 a.m. April 1, 2003: include methodology (See WAC 180-78A-264(5)) and field experience/internship (See WAC 180-78A-264(7)). WAC 220-52-04600P Coastal crab fishery-Spe- (2) Candidates for all supporting teaching endorsements cial management areas. shall complete college/university programs approved by the state board of education pursuant to chapter 180-78A WAC, which shall include methodology (see WAC 180-78A-264 (5)). The requirement for field experience/internship for a WSR 03-04-027 supporting endorsement shall be at the discretion of the col- EMERGENCY RULES lege/university: Provided, That in cases where programs STATE BOARD OF EDUCATION require a field experience/internship the colleges and univer- [Filed January 27, 2003, 2:47 p.m.] sities should make every attempt to allow the individual to complete field-based requirements for the endorsement Date of Adoption: January 17, 2003. within the confines of the individual's existing schedule. Purpose: To allow individuals who hold National Board (3) Teachers may add an endorsement by achieving for Professional Teaching Standards (NBPTS) certification to have the endorsements on their national certificates placed National Board certification in a Washington teaching t endorsement area and possessing a valid National Board cer- on their Washington state teaching certificates. tificate. Citation of Existing Rules Affected by this Order: Amending WAC 180-82-204. ffi The state board of education shall approve teacher preparation programs for each endorsement program at Statutory Authority for Adoption: RCW 28A.410.010. Washington colleges and universities, pursuant to chapter Under RCW 34.05.350 the agency for good cause finds 180-78A WAC. that immediate adoption, amendment, or repeal of a rule is ((f41)) ill Candidates from out-of-state shall be required necessary for the preservation of the public health, safety, or to present verification that they completed a state-approved general welfare, and that observing the time requirements of program in a Washington endorsement area, except as other- notice and opportunity to comment upon adoption of a per- wise provided in WAC 180-79A-257 (l)(d). manent rule would be contrary to the public interest. ((f§t)) @ Course work used to meet endorsement Reasons for this Finding: Individuals with National requirements must be completed through a regionally accred- Board for Professional Teaching Standards (NBPTS) certifi- ited college/university. cation are not always eligible to have the same teaching ((fej)) ill Only course work in which an individual endorsements on their Washington teaching certificates. received a grade of C (2.0) or higher or a grade of pass on a This causes them to be ineligible to accept teaching positions pass-fail system of grading shall be counted toward the in a district where a need exists. course work required for the approved endorsement program. Number of Sections Adopted in Order to Comply with ((f+t)) (fil Nothing within this chapter precludes a col- Federal Statute: New 0, Amended 0, Repealed O; Federal lege or university from adopting additional requirements as Rules or Standards: New 0, Amended 0, Repealed O; or conditions for recommendation, by such college or univer- Recently Enacted State Statutes: New 0, Amended 0, sity, to the superintendent of public instruction for a particu- Repealed 0. lar subject area endorsement. Number of Sections Adopted at Request of a Nongov- ernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's Own Ini- tiative: New 0, Amended 1, Repealed 0. WSR 03-04-028 Number of Sections Adopted in Order to Clarify, EMERGENCY RULES Streamline, or Reform Agency Procedures: New 0, STATE BOARD OF EDUCATION Amended 0, Repealed 0. [Filed January 27, 2003, 2:48 p.m.] Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed O; Pilot Rule Mak- Date of Adoption: January 17, 2003. Emergency [ 14 J Washington State Register, Issue 03-04 WSR 03-04-031 Purpose: To allow individuals who hold National Board versity. Provided, that in cases where programs require a for Professional Teaching Standards (NBPTS) certification field experience/internship, the colleges/universities should • to have the endorsements on their national certificates placed make every attempt to allow the individual to complete field- • on their Washington teaching certificates. based requirements for the endorsement within the confines Citation of Existing Rules Affected by this Order: of the individual's teaching schedule_;_m: Amending WAC 180-82A-204. (b) Achieve National Board certification in a Washing- Statutory Authority for Adoption: RCW 28A.410.010. ton teaching endorsement area and hold a valid National Under RCW 34.05.350 the agency for good cause finds Board certificate. that immediate adoption, amendment, or repeal of a rule is (3) Candidates from out-of-state shall be required to necessary for the preservation of the public health, safety, or present verification that they completed a state-approved pro- general welfare, and that observing the time requirements of gram (equivalent to a major) in a Washington endorsement notice and opportunity to comment upon adoption of a per- area. manent rule would be contrary to the public interest. (4) Course work used to meet endorsement requirements Reasons for this Finding: Individuals with National must be completed through a regionally accredited col- Board for Professional Teaching Standards (NBPTS) certifi- lege/university. cation are not always eligible to have the same teaching (5) Only course work in which an individual received a endorsements on their Washington teaching certificates. grade of C (2.0) or higher or a grade of pass on a pass-fail sys- This causes them to be ineligible to accept teaching positions tem of grading shall be counted toward the course work in a district where a need exists. required for the approved endorsement program. Number of Sections Adopted in Order to Comply with (6) Nothing within this chapter precludes a college or Federal Statute: New 0, Amended 0, Repealed O; Federal university from adopting additional requirements as condi- Rules or Standards: New 0, Amended 0, Repealed O; or tions for recommendation, by such college or university, to Recently Enacted State Statutes: New 0, Amended 0, the superintendent of public instruction for a particular sub- Repealed 0. ject area endorsement. Number of Sections Adopted at Request of a Nongov- ernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's Own Ini- tiative: New 0, Amended 1, Repealed 0. WSR 03-04-031 Number of Sections Adopted in Order to Clarify, EMERGENCY RULES •Streamline, or Reform Agency Procedures: New 0, DEPARTMENT OF REVENUE • Amended 0, Repealed 0. [Filed January 27, 2003, 3:29 p.m.] Number of Sections Adopted Using Negotiated Rule Date of Adoption: January 27, 2003. Making: New 0, Amended 1, Repealed O; Pilot Rule Mak- ing: New 0, Amended 0, Repealed O; or Other Alternative Purpose: Persons who distribute or cause to be distrib- Rule Making: New 0, Amended 0, Repealed 0. uted any article of tangible personal property, except newspa- pers, the primary purpose of which is to promote the sale of Effective Date of Rule: Immediately. products or services are subject to use tax on the value of the January 23, 2003 property. RCW 82.12.010, 82.12.020, and chapter 367, Laws Larry Davis of 2002. WAC 458-20-17803 explains how use tax applies Executive Director when such property is delivered to persons other than the consumer from outside the state of Washington. This rule AMENDATORY SECTION (Amending WSR 02-04-013, explains what are considered to be promotional materials, filed 1/24/02, effective 2/24/02) who is liable for the use tax, the measure of use tax, and how to determine the appropriate local use tax rate/jurisdiction. WAC 180-82A-204 Endorsement requirements. (1) Statutory Authority for Adoption: RCW 82.32.300 and Candidates completing endorsements required to obtain a 82.01.060(2). residency certificate, shall complete college/university Under RCW 34.05.350 the agency for good cause finds teacher preparation programs approved by the state board of that immediate adoption, amendment, or repeal of a rule is education pursuant to chapter 180-78A WAC, which include necessary for the preservation of the public health, safety, or methodology (see WAC 180-78A-264(5)) and field experi- general welfare, and that observing the time requirements of ence/internship (see WAC 180-78A-264(6)) and pursuant to notice and opportunity to comment upon adoption of a per- endorsement program approval requirements in this chapter. manent rule would be contrary to the public interest. (2) In order to add an additional endorsement, the candi- Reasons for this Finding: This rule was previously date shall,;. adopted on an emergency basis effective September 28, 2002 (a) Have completed a state-approved endorsement pro- (WSR 02-20-061). The rule provides tax-reporting instruc- gram which includes methodology (see WAC 180-78A- tions to persons who are subject to the tax. The department is • 264(5)) and addresses all endorsement-specific competencies again adopting Rule 17803 on an emergency basis because a • adopted by the state board of education and published by the permanent rule cannot be adopted before the expiration date superintendent of public instruction. The requirement for of the previous emergency adoption. There have been no field experience shall be at the discretion of the college/uni- changes to the rule being adopted with this filing. Adoption [ 15] Emergency WSR 03-04-031 Washington State Register, Issue 03-04 of this rule will continue to provide tax information to tax- tributes or causes the distribution of the promotional material. payers, tax practitioners, and department staff to use in deter- A consumer as defined in this rule is responsible for remitting • mining the taxability of persons distributing or causing the use tax only if the consumer has nexus in Washington. • distribution of promotional materials. For example, a department store located in Washington Number of Sections Adopted in Order to Comply with contracts with a printer in Vancouver, British Columbia, to Federal Statute: New 0, Amended 0, Repealed O; Federal print a catalog promoting merchandise available during an Rules or Standards: New 0, Amended 0, Repealed O; or upcoming sales event. The printer delivers the catalogs to a Recently Enacted State Statutes: New 1, Amended 0, Seattle mailing bureau with which the department store has Repealed 0. contracted for distribution to the department store's custom- Number of Sections Adopted at Request of a Nongov- ers. The department store is the consumer of the catalogs and ernmental Entity: New 0, Amended 0, Repealed 0. is liable for use tax on promotional material distributed to Number of Sections Adopted on the Agency's Own Ini- customers located in Washington. Neither the printer, nor the tiative: New 1, Amended 0, Repealed 0. mailing bureau, nor the department store's customers are con- Number of Sections Adopted in Order to Clarify, sumers of this promotional material. Streamline, or Reform Agency Procedures: New 0, (4) When does tax liability arise? Liability for the use Amended 0, Repealed 0. tax arises when a consumer first uses the promotional mate- Number of Sections Adopted Using Negotiated Rule rial in this state. The terms "use," "used," "using," or "put to Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- use" include any act by which a person takes or assumes ing: New 0, Amended 0, Repealed O; or Other Alternative dominion or control over the article, and include the distribu- Rule Making: New 1, Amended 0, Repealed 0. tion of promotional material in Washington. Chapter 367, Effective Date of Rule: Immediately. Laws of 2002. January 27, 2003 (5) What is promotional material? Promotional mate- AlanR. Lynn rial is any tangible personal property displayed or distributed Rules Coordinator in the State of Washington for the primary purpose of pro- Legislation and Policy Division moting the sale of products or services. Examples of promo- tional material include, but are not limited to, advertising lit- erature, circulars, catalogs, brochures, inserts (but not news- NEW SECTION paper inserts), flyers, applications, order forms, envelopes, WAC 458-20-17803 Use tax on promotional materi- folders, posters, coupons, displays, signs, free gifts, or sam- • als. (1) Introduction. Persons who distribute or cause to be pies (such as carpet or textile samples). • distributed any article of tangible personal property, except Promotional material does not include invoices, state- newspapers, the primary purpose of which is to promote the ments of account, and similar documents that are used exclu- sale of products or services, are subject to use tax on the value sively for non-promotional purposes. of the property. RCW 82.12.010, RCW 82.12.020, and chap- (a) Are billing statements promotional materials? ter 367, Laws of 2002. This rule explains how use tax applies Billing statements and statements of account generally are when such property is delivered directly to persons other than not considered promotional materials. However, information the consumer from outside Washington. For the purposes of promoting the sale of products or services that is affixed to, is this rule, the term "promotional material" will be used in attached to, or is an extension of a billing statement or state- describing such property where applicable. This rule pro- ment of account is promotional material. The value of the vides numerous examples. For the purposes of these exam- promotional material is subject to use tax. If the consumer ples, presume the promotional material is delivered to per- cannot separately identify the costs attributable to the promo- sons within Washington. tional material, the full value of the billing statement is sub- Persons within this state providing printing or mailing ject to use tax. For additional information regarding the mea- bureau services should refer to WAC 458-20-141 (Duplicat- sure of tax, refer to subsection (6) of this rule. ing industry and mailing bureaus) and WAC 458-20-144 (i) Example. A Richland attorney contracts with a Uma- (Printing industry). tilla, Oregon, firm to print and mail monthly billing state- (2) What is the use tax? The use tax compliments the ments and return remittance envelopes to the attorney's cli- retail sales tax by imposing a tax of a like amount when a ents. The contract also includes the printing and insertion of consumer uses tangible personal property or certain retail ser- a flyer promoting the attorney's estate planning services. The vices within this state. RCW 82.12.020. The tax does not flyers are promotional material. The billing statements are apply to the use of any property or service if the present user, not promotional material. donor, or bailor previously paid retail sales tax under chapter (ii) Example. Store A prints its monthly billing state- 82.08 RCW with respect to the property used or the service ments for its store credit card in Atlanta, Georgia, and mails obtained. See WAC 458-20-178 (Use tax) for a detailed them to customers located in Washington. Although the bill- explanation of the use tax and use tax reporting requirements. ing statement includes three sentences noting an upcoming (3) Who is liable for the use tax on promotional mate- sale, this information is not affixed or attached to the billing • rial? The use tax is imposed on the consumer. The law pro- statement, nor does it otherwise extend the length of the bill- • vides that with respect to promotional material distributed to ing statement. The billing statements are not promotional persons within this state, the consumer is the person who dis- material. Emergency [ 16] Washington State Register, Issue 03-04 WSR 03-04-031 (iii) Example. The following month, Store A's billing the retail selling price at place of use of similar materials of statement includes a detachable coupon for fifteen percent like quality and character. RCW 82.12.010. • ( 15%) off selected items purchased during a specified period. A consumer who has paid retail sales or use tax that is • The detachable coupon is promotional material. due in another state with respect to promotional material that (iv) Example. In the third month, the bottom of Store is subject to use tax in this state may take a credit for the A's billing statement is lengthened to include information amount of tax so paid. RCW 82.12.035. For further informa- promoting the grand reopening of one of its locations. The tion, refer to WAC 458-20-178 (Use tax). lengthened portion of the billing statement containing the (a) Is postage included in the measure of tax? Postage information promoting the grand reopening is promotional is included in the measure of tax if the cost is included in the material. total charge to the consumer by the seller of the promotional (b) When are envelopes considered promotional material. It is immaterial if the postage charges are stated or material? Envelopes are considered promotional material if shown separately on invoices. Postage is not included in the used exclusively to mail promotional material, or accept measure of tax only if it is not included in the consideration offers solicited with promotional material. To the extent pro- paid by the consumer to the seller of the promotional mate- motional material is attached, affixed, or otherwise extends rial. the envelope, the consumer is distributing or causing the dis- (i) Example. A College Place fast-food restaurant con- tribution of promotional material. The value of the promo- tracts with a Hermiston, Oregon, printer to produce and mail tional material is subject to use tax. If the consumer cannot 10,000 coupons to Walla Walla County residents. The separately identify the costs attributable to the promotional printer pays for the postage and invoices the restaurant for the information, the full value of the envelopes is subject to use actual amount for the postage. Postage is part of the total tax. For additional information regarding the measure of tax, consideration paid by the restaurant and is included in the refer to subsection (6) of this rule. measure of tax. (i) Example. Bank A mails one million brochures, (ii) Example. A Vancouver coffee retailer contracts applications, and return envelopes from Atlanta, Georgia, to with a Portland, Oregon, firm to print and mail 10,000 flyers Washington addresses promoting the bank's credit card. The promoting the retailer's drive-thru window to neighborhood envelopes used to mail brochures and applications are pro- businesses and residents. The retailer provides the printer motional material. The return envelopes provided for the with retailer's U.S. Postal Service bulk mail permit imprint to return of credit card applications is also promotional material. be printed on the flyer. While payment to the U.S. Postal Ser- • (ii) Example. A telephone company mails its monthly vice for use of the bulk mail permit is the exclusive responsi- • billing statements to Washington customers from St. Louis, bility of the retailer, the printer advances payment to the U.S . Missouri. Inserts promoting the sale of various telephone Postal Service to ensure the mailing of the flyers. The printer accessories are included. The inserts identify a toll-free num- itemizes the cost of the postage the printer paid to the U.S. ber to call for those customers wishing to purchase the acces- Postal Service on behalf of retailer on the sales invoice to sories. Return envelopes to be used in making payment of the retailer. The itemized charge for the postage is not included statement amount are also enclosed. Neither the envelopes in the measure of tax. used to mail the billing statements and inserts nor the return (b) What is the measure of tax when a consumer man- envelopes used to make payment are promotional material. ufactures its own promotional materials? The measure of (iii) Example. A national mortgage company mails its tax is the value of the promotional material. Refer to WAC monthly billing statements to Washington residents from its 458-20-112 (Value of products). A consumer who manufac- administrative offices in Nevada. The enclosed return enve- tures its own promotional material may also be conducting lope for customers to use in making payment includes an manufacturing activities and should refer to WAC 458-20- attachment promoting additional banking services. The 134 (Commercial or industrial use) and WAC 458-20-136 envelopes containing the billing statements are not promo- (Manufacturing, processing for hire, fabricating). tional materials. The attachment to the return envelopes is ( c) What is the tax result when a consumer contracts promotional material. with separate firms to perform printing activities and to ( 6) What is the measure of tax? The measure of the use provide mailing bureau services? The acquisition of pro- tax is the value of the article used. For the purposes of com- motional material and the mailing bureau services associated puting the use tax due on promotional material, the measure with the distribution of this material are separate taxable inci- of tax is the total consideration paid for the promotional dents. A consumer who distributes or causes the distribution material without deduction for the cost of materials, labor, of promotional material into Washington is the consumer of author's alterations, or other service charges, even though such material, and thus, is taxable to the extent the promo- such charges may be stated or shown separately on invoices. tional material has not been subjected to retail sales tax. It also includes the amount of any freight, delivery, or other Mailing bureau services consist of installing, altering, like transportation charge paid or given by the consumer to imprinting, or improving tangible personal property and are the seller. The value of the promotional material also retail services. The consumer is subject to use tax on these • includes any tariffs or duties paid. If the total consideration services if the property upon which the service was per- • paid does not represent the true value of the article used, the formed is distributed into Washington. Chapter 367, Laws of value must be determined as nearly as possible according to 2002. [ 17 J Emergency WSR 03-04-033 Washington State Register, Issue 03-04 (i) Example. A Bellingham real estate company con- (ii) Example. Store C, headquartered in Nevada, orders tracts with a Vancouver, British Columbia, company to print 100,000 flyers from a Portland, Oregon, printer to be mailed 5,000 flyers on a bi-monthly basis to promote its new listings. to Washington households announcing the opening of its new The flyers are delivered to a Portland, Oregon, mailing store in Spokane. Customers will receive a ten percent (10%) bureau that mails the flyers to Whatcom County residents. discount on all items purchased at the Spokane store. This The measure of tax is the consideration paid to the Vancou- discount will not apply to purchases made at Store C's other ver, British Columbia, printer and the Portland mailing Washington locations. The local use tax rate for Spokane is bureau. the applicable rate. (ii) Example. A window manufacturer contracts with a (iii) Example. A regional restaurant with locations in Boise, Idaho, printer to produce a flyer offering a discount on western Washington manages the operations of all Washing- purchases of the manufacturer's windows at participating ton locations from its headquarters located in Portland, Ore- retailers. The printer delivers the flyers to light and power gon. The restaurant contracts to have coupon books printed companies in Washington for inclusion in utility statements. and mailed to households in Clark and Cowlitz counties. The The window manufacturer owes use tax on the amount of coupons are accepted only at the Vancouver and Longview consideration paid to the printer for producing the flyer and to locations. The value of the promotional material must be the utility companies for distributing the flyers. equally apportioned to both locations. (7) Determining the applicable local use tax rate. For (iv) Example. A manufacturer located in Ohio has no the purposes of determining the applicable rate of local use offices, warehouses, or storefront locations in Washington. tax for promotional material, the following guidelines must A salesperson operating from her Kent home solicits sales be followed unless the consumer obtains prior written from Washington distributors for the manufacturer. The approval from the department to use an alternative method. manufacturer mails promotional material to its distributors' Refer to (c) of this subsection for an explanation of the cir- customers in Washington. The local use tax rate for Kent is cumstances under which the department will consider the applicable rate. approving alternate methods and how to obtain such (v) Example. A wholesale business located in Michigan approval. has no offices, warehouses, or storefront locations in Wash- (a) Operations directed from within Washington. ington, but does send a salesperson into Washington to solicit The applicable local taxing jurisdiction and tax rate is the in- sales. The wholesale business mails promotional material to state location from where the consumer directs or manages its potential customers in Washington. The applicable local use Washington operations. tax rate is a uniform statewide local rate of .005. (i) Example. Store A operates ten locations in western (c) Are there alternative methods for determining the Washington. The company's corporate headquarters, the place of first use? For purposes of reporting use tax on pro- location from where it manages its in-state operations, is in motional material, the Department may agree to allow a con- Seattle. The local use tax rate for Seattle is the applicable sumer to use another method of determining the applicable rate. local use tax rate provided that the method proposed by the (ii) Example. Store B, a national company with head- consumer results in an equal or more equitable distribution of quarters in Chicago, Illinois, operates multiple locations in the tax. A consumer may request written approval for the use Washington. The company manages its Washington opera- of an alternative method by contacting the department's tax- tions from a location in Spokane. The local use tax rate for payer services division at: Spokane is the applicable rate. Department of Revenue (b) Operations directed from outside Washington. A Taxpayer Services consumer that manages or directs its Washington activities P.O. Box 47478 from outside the state must equally apportion the value of the Olympia, WA 98504-7478 promotional material among the local tax jurisdictions and tax rates from where the consumer conducts its business activities. Promotional material that is targeted to specific business locations of the consumer must be apportioned WSR 03-04-033 solely between those business locations. Targeted material is EMERGENCY RULES material the consumer can demonstrate was specifically dis- DEPARTMENT OF tributed to promote sales of products or services solely at a FISH AND WILDLIFE specific location(s) and at a different price(s) or terms than [Order 03-07-Filed January 27, 2003, 4: 12 p.m.] those offered at all other Washington locations. (i) Example. Retailer C directs the operations of its four Date of Adoption: January 27, 2003. Washington stores from its headquarters in Sacramento, Cal- Purpose: Amend commercial fishing rules. ifornia. The store locations are in Seattle, unincorporated Citation of Existing Rules Affected by this Order: King County, Tacoma, and Everett. For purposes of deter- Repealing WAC 220-33-0lOOOY and 220-33-0lOOOZ; and mining use tax liability, twenty-five percent (25%) of the amending WAC 220-33-010. value of the promotional material must be equally appor- Statutory Authority for Adoption: RCW 77.12.047. tioned to Seattle, unincorporated King County, Tacoma, and Under RCW 34.05.350 the agency for good cause finds Everett. that immediate adoption, amendment, or repeal of a rule is Emergency [ 18] Washington State Register, Issue 03-04 WSR 03-04-035 necessary for the preservation of the public health, safety, or ing, smelt gill nets; and while smelt fishing, fishers may have general welfare, and that observing the time requirements of stored onboard their boats, gill nets of a size that meets the • notice and opportunity to comment upon adoption of a per- commercial salmon/sturgeon mesh size, weight, and length • manent rule would be contrary to the public interest. restrictions for the open salmon/sturgeon season. Reasons for this Finding: The season that was adopted on December 18, 2002, has been modified to stay within the REPEALER sturgeon harvest guideline for the winter season fishery. The fishery will provide an opportunity for the commercial fish- The following section of the Washington Administrative ers to harvest a portion of their sturgeon allocation during a Code is repealed: time frame when impacts to salmonids is minimal. Regula- tion is consistent with the management guidelines and obj~c­ WAC 220-33-0lOOOY Columbia River season tives adopted by the Fish and Wildlife Commission and is below Bonneville. (02-306) consistent with compact action of January 24, 2003. There is The following section of the Washington Administrative insufficient time to promulgate permanent regulations. Code is repealed effective 6:01 p.m. February 4, 2003: Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed O; Federal WAC 220-33-0lOOOZ Columbia River season Rules or Standards: New 0, Amended 0, Repealed O; or below Bonneville. Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at Request of a Nongov- ernmental Entity: New 0, Amended 0, Repealed 0. WSR 03-04-035 Number of Sections Adopted on the Agency's Own Ini- EMERGENCY RULES tiative: New l, Amended 0, Repealed 2. DEPARTMENT OF Number of Sections Adopted in Order to Clarify, SOCIAL AND HEALTH SERVICES Streamline, or Reform Agency Procedures: New 0, (Children's Administration) Amended 0, Repealed 0. [Filed January 27, 2003, 4:25 p.m.] Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- Date of Adoption: January 16, 2003. ing: New 0, Amended 0, Repealed O; or Other Alternative Purpose: The purpose of the emergency rules for group • Rule Making: New 0, Amended 0, Repealed 0. receiving centers (GRC), new chapter 388-140 WAC, is to • Effective Date of Rule: Immediately. establish licensing standards immediately for facilities pro- January 27, 2003 viding out-of-home receiving or emergency care to children J.P. Koenings for up to thirty days. Licensing standards do not currently exist for GRCs. The emergency rules would provide protec- Director tion for children placed in facilities in emergency situations. by Larry Peck Currently, the one group receiving center in operation is licensed under standards that do not accurately or adequately NEW SECTION address the program. Statutory Authority for Adoption: RCW 74.15.030(2), WAC 220-33-0IOOOZ Columbia River season below 74.08.090. Bonneville. Notwithstanding the provision of WAC 220-33- Under RCW 34.05.350 the agency for good cause finds 010, and 220-33-020, it is unlawful for a person to take or that state or federal law or federal rule or a federal deadline possess salmon or sturgeon taken for commercial purposes for state receipt of federal funds requires immediate adoption from Columbia River Salmon Management and Catch of a rule. Reporting Areas lA, lB, lC, lD, and lE, except as provided Reasons for this Finding: Children's Administration has in the following subsections. licensed a facility as a group care program with several waiv- AREA: SMCRA lA, lB, lC, lD, and lE ers as there are no current licensing standards for a group SEASON 6 00 a.m. to 6 00 p.m. Tuesday January 28, receiving center. After consulting with the assistant attorney 2003 general and representatives of the federal IV-E program, we 6 00 a.m. to 6 00 p.m. Tuesday February 4, 2003 have learned that the approval of waivers jeopardizes federal GEAR: 9 inch minimum mesh and 9-3/4 inch maximum funds received by Children's Administration to support ser- mesh vices to children. Children's Administration is working with ALLOW ABLE SALE: Sturgeon and adipose fin-clipped stakeholders for the permanent adoption of rules appropriate salmon. to this type of facility, and the department has initiated a rule- SANCTUARIES: Sandy River. making proceeding by filing a preproposal statement of OTHER: Quick reporting required for Washington whole- inquiry as WSR 02-20-016. The client age range and other sale dealers, WAC 220-69-240. sections may be modified during the permanent rule-making • MISCELLANEOUS: Notwithstanding the provisions of process . • WAC 220-20-010, during open salmon and/or sturgeon sea- Number of Sections Adopted in Order to Comply with sons fishers may have stored onboard their boats, while fish- Federal Statute: New 0, Amended 0, Repealed O; Federal [ 19] Emergency WSR 03-04-040 Washington State Register, Issue 03-04 Rules or Standards: New 0, Amended 0, Repealed O; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at Request of a Nongov- ernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's Own Ini- tiative: New 0, Amended 0, Rep~aled 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 125, Amended 0, Repealed 0. Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- ing: New 0, Amended 0, Repealed O; or Other Alternative Rule Making: New 125, Amended 0, Repealed 0. Effective Date of Rule: Immediately. January 16, 2003 Bonita H. Jacques for Brian H. Lindgren, Manager Rules and Policies Assistance Unit Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-06 issue of the Register. WSR 03-04-040 EMERGENCY RULES DEPARTMENT OF TRANSPORTATION [Filed January 28, 2003, 3:40 p.m.] Date of Adoption: January 27, 2003. Purpose: Amendment of this WAC will detail departc ment procedures for regulating wireless communication access to limited access state highways. Citation of Existing Rules Affected by this Order: Amending WAC 468-58-080. Statutory Authority for Adoption: RCW 47.52.027. Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a per- manent rule would be contrary to the public interest. Reasons for this Finding: The current rules do not allow wireless communication property sites direct access onto lim- ited access highways under any circumstances. The adoption of this rule would provide an immediate avenue for the review and assessment of such access applications to facili- tate the provision of wireless communication services to the public. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed O; Federal Rules or Standards: New 0, Amended 0, Repealed O; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at Request of a Nongov- ernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's Own Ini- tiative: New 0, Amended 1, Repealed 0. Emergency Streamline, or Reform Agency Procedures: New 0, Amended l, Repealed 0. Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed O; Pilot R~le Mak- ing: New 0, Amended 0, Repealed O; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Immediately. January 27, 2003 John F. Conrad Assistant Secretary Engineering and Regional Operations AMENDATORY SECTION (Amending Order 109, filed 7/8/87) WAC 468-58-080 Guides for control of access on crossroads and interchange ramps. (1) Fully controlled highways, including interstate. (a) There shall be no connections to abutting property or local service or frontage roads within the full length of any "off' or "on" interchange ramp from a fully controlled limited access highway. Such ramp shall be considered to terminate at its intersection with the local road which undercrosses or overcrosses the limited access facility, provided that in urban areas "off' and "on" ramps may be terminated at local streets other than crossroads where necessary to service existing local traffic. (b) There shall be no direct connections from the limited access facility in rural areas to local service or frontage roads except through interchanges. (c) In both urban and rural areas access control on a fully controlled highway shall be established along the crossroad at an interchange for a minimum distance of three hundred feet beyond the centerline of the ramp or terminus of transi- tion taper. If a frontage road or local road is located in a gen- erally parallel position within three hundred fifty feet of a ramp, access control should be established along the cross- road and in addition for a minimum distance of one hundred thirty feet in all directions from the center of the intersection of the parallel road and crossroad. (d) Full control of access should be provided along the crossroad from the centerline of a ramp or terminus of a tran- sition taper for a minimum distance of three hundred feet. Upon determination by the department, full control of access may be provided for the first one hundred thirty feet from the centerline of the ramp or terminus of a transition taper and partial control or modified control of access may be provided for the remainder of the distance to the frontage road or local road for a total minimum distance for the two types of control of three hundred feet. Type A, B, C, D ((ftftti))~E. and F road approaches, as defined hereafter under subsection (3) of this section, "general," may be permitted on that portion of the crossroad on which partial or modified control of access is established. (2) Partially controlled highways. (a) There shall be no connections to abutting property or local service or frontage roads within the full length of any [ 20] Washington State Register, Issue 03-04 "off" or "on" interchange ramp from a partially controlled limited access highway. Such ramp shall be considered toter- minate at its intersection with the local road which under- crosses or overcrosses the limited access facility, provided that in urban areas "off' and "on" ramps may be terminated at local streets other than crossroads where necessary to service existing local traffic. (b) In both urban and rural areas access control on a par- tially controlled highway shall be established along the cross- road at an interchange for a minimum distance of three hun- dred feet beyond the centerline of the ramp or terminus of transition taper. If a frontage road or local road is located in a generally parallel position within three hundred fifty feet of a ramp, access control should be established along the cross- road and in addition for a minimum distance of one hundred thirty feet in all directions from the center of the intersection of the parallel road and crossroad. (c) Access control limits at the crossroads on a partially controlled highway should be established along the crossroad at a grade intersection for a minimum distance of three hun- dred feet from the centerline of the nearest directional road- way. If a parallel road is located within three hundred fifty feet of said grade intersection, access control should be estab- lished along the crossroad and in addition for a minimum dis- tance of one hundred thirty feet in all directions from the cen- ter of the intersection of the parallel road and crossroad. Type D ((flfld)). E. and F approaches may be permitted closer than one hundred thirty feet from the center of the intersection only when they already exist and cannot reasonably be relo- cated. (d) Access control limits at intersections on modified control highways should be established along the cross road for a minimum distance of one hundred thirty feet from the centerline of a two-lane highway or for a minimum of one hundred thirty feet from centerline of the nearest directional roadway of a four-lane highway. Type D ((ftfld)). E. and F approaches should be allowed within this area only when no other reasonable alternative is available. (3) General. (a) Access control may be increased or decreased beyond or under the minimum requirements to fit local conditions if so determined by the department. (b) Type A, B, C, D ((flfld)). E. and F approaches are defined as follows: (i) Type A approach. Type A approach is an off and on approach in legal manner, not to exceed thirty feet in width, for sole purpose of serving a single family residence. It may be reserved by abutting owner for specified use at a point sat- isfactory to the state at or between designated highway sta- tions. (ii) Type B approach. Type B approach is an off and on approach in legal manner, not to exceed fifty feet in width, for use necessary to the normal operation of a farm, but not for retail marketing. It may be reserved by abutting owner for specified use at a point satisfactory to the state at or between designated highway stations. (iii) Type C approach. Type C approach is an off and on approach in legal manner, for special purpose and width to be agreed upon. It may be specified at a point satisfactory to the state at or between designated highway stations. [ 21 J tory to the state at or between designated highway stations. (vi) Type F approach is an off and on approach in a legal manner. not to exceed thirty feet in width, for the sole pur- pose of serving a wireless communication site. It may be specified at a point satisfactory to the state at or between des- ignated highway stations. The state shall only authorize such approach by the issu- ance of a yearly nonassignable permit. which may be can- celed upon thirty days written notice for any reason. and only if it meets all state criteria. including, but not limited to. design and safety standards. Only one access user per permit shall be allowed, but more than one permit may be issued for a single Type F approach. Each permitted access user shall be required to pay to the state the full fair market rental value of the access break. as solely determined by the state, at the time of the issuance of the permit and on each yearly renewal date of the permit. The permit shall automatically terminate should permittee not make full rental payment to the state. Since the state is the owner of the access, Type F approach permits shall not be issued pursuant to chapter 47.50 RCW and shall not confer a property right upon the permittee(s). An applicant for a Type F approach permit shall pay a nonre- fundable access application fee when application is made in the amount of two thousand five hundred dollars to defray state review. inspection and appraisal costs. (c) Under no circumstances will a change in location or width of an approach be permitted unless approved by the secretary. Noncompliance or violation of these conditions will result in the immediate closure of the approach. (d) Commercial approaches shall not be permitted within the limits of access control except where modified access control has been approved by the department. (e) All access control shall be measured from the center- line of the ramps, crossroads or parallel roads or from the ter- minus of transition tapers. On multiple lane facilities mea- surement shall be from the centerline of the nearest direc- tional roadway. Emergency WSR 03-04-040 Washington State Register, Issue 03-04 , r rr rRCJ<r &II ROAD locat td l50' or 1u.s froe ttw CWT1 .. h of tl'll r~ 11nht. 60' h J.CO ~ CXlHTRCl llCl f be 11 f a'ldfd d ~ectlons. r Emergency [ 22] Digitized from Best Copy Available Washington State Register, Issue 03-04 WSR 03-04-040 [ 23] Emergency Digitized from Best Copy Available WSR 03-04-040 Washington State Register, Issue 03-04 * For Frontage road located 350' or less from the centerline of the ramp terminal, extend 130' in all directions . __,.__ ...-....__ ;;;; -- - - - -==;:...-- 130' Min. b (") i:~ : I ~ ACCESS CONTROL FOR TYPICALINTERCHANGE I I Emergency [ 24] Washington State Register, Issue 03-04 WSR 03-04-040 • For Frontage road located 350' or less from the centerline of the ramp terminal, extend 130' in all directions. - - - -==c--- --=- 300' Min. UJ ~ .... 0 b LO <") ------~ ACCESS CONTROL FOR TYPICAL INTERCHANGE [ 25 J Emergency WSR 03-04-040 State Register, Issue 03-04 Washington 2 --- --r-"'t( Begin Taper control NOTE: Access extends 300' Min. beyond end of farthest taper. End Taper CONTROL AT ACCESS RAMP TERMINATION f ·Emergency [ 26] Washington State Register, Issue 03-04 WSR 03-04-040 • Extend Access Control 300' from the end of Spitter Island in all directions. ACCESS CONTROL FOR TYPICAL ROUNDABOUT ----- .--·-·· ·-·--··· -·---·-··-····· ·····--·-----·--·-·· .. :,· [ 27] Emergency WSR 03-04-040 Washington State Register, Issue 03-04 • For Frontage road located 350' or less from the centerline of the nearest directional roadway, access control should be extended 130' in all directions. "C al 0 c::: z. c: ::i 0 (.) County Road ------- - ------- c:: 300' Min. I :E b C') I ..--- I 130' Min. I * 350' I AT GRADE INTERSECTION WITH COUNTY ROAD AND PARALLEL I COUNTY ROAD. I Emergency [ 28] Washington State Register, Issue 03-04 WSR 03-04-040 Access Control Limits at Intersections I .. Modified Control Hig hways :1:: I Two-Lane Ill 3· r-3· CD I 130' Min. I . 130' Min. ~:~ 7;) ~ -------~- <t Access Control Limits at Intersections Modified Control Highways : I~ I 5· Multi-Lane I r- I 5· CD I 130' Min. I 130' Min. --~~~~~~~~~~~~~~~~~~~~~~~~-~-~- ACCESS CONTROL LIMITS AT INTERSECTIONS [ 29 J Emergency WSR 03-04-046 Washington State Register, Issue 03-04 WSR 03-04-046 extends from Possession Point to the green number 1 buoy at EMERGENCY RULES Possession Point thence following the 200 foot contour DEPARTMENT OF northward to a point due east from the Glendale Dock, thence • FISH AND WILDLIFE extending due west to the Whidbey Island shore. • [Order 03-10--Filed January 28, 2003, 4:26 p.m., effective February 2, (2) Notwithstanding the provisions of WAC 220-52-046, 2003, 12:01 a.m.] it is unlawful to fish for Dungeness Crab for commercial pur- poses as provided herein: Date of Adoption: January 28, 2003. (a) Effective 12:01 a.m. February 2, 2003 until further Purpose: Amend commercial fishing rules. Citation of Existing Rules Affected by this Order: notice, it is unlawful to fish for or possess crab taken for com- Repealing WAC 220-52-04600N; and amending WAC 220- mercial purposes from those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 25D, 52-046. 25B, 25C and 26A West. Statutory Authority for Adoption: RCW 77.12.047. (b) Effective 12:01 a.m. February 16, 2003 until further Under RCW 34.05.350 the agency for good cause finds notice, it is unlawful to fish for or possess commercial crab that immediate adoption, amendment, or repeal of a rule is taken from those waters of Marine Fish-Shellfish Manage- necessary for the preservation of the public health, safety, or ment and Catch Reporting Areas 24A, 24B, 24C, 24D, and general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a per- 26A East. manent rule would be contrary to the public interest. Reasons for this Finding: Adjustments made to bound- REPEALER aries of noncommercial zones are made to be consistent with The following section of the Washington Administrative state/tribal management plans. The closure of Areas 23A, Code is repealed effective 12:01 a.m. February 2, 2003: 23B, 25D, 25B, 25C, and 26A West is to maintain state com- mercial quota plans. The closure of Areas 24A, 24B, 24C, WAC 220-52-04600N Crab fishery-Seasons and 24D, and 26A East is due to high percentages of soft crab. areas. (02-305) There is insufficient time to promulgate permanent rules. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed O; Federal Rules or Standards: New 0, Amended 0, Repealed O; or Recently Enacted State Statutes: New 0, Amended 0, WSR 03-04-047 Repealed 0. EMERGENCY RULES Number of Sections Adopted at Request of a Nongov- DEPARTMENT OF ernmental Entity: New 0, Amended 0, Repealed 0. FISH AND WILDLIFE Number of Sections Adopted on the Agency's Own Ini- [Order 03-08-Filed January 28, 2003, 4:26 p.m.] tiative: New 1, Amended 0, Repealed 1. Number of Sections Adopted in Order to Clarify, Date of Adoption: January 28, 2003. Streamline, or Reform Agency Procedures: New 0, Purpose: Amend personal use fishing rules. Amended 0, Repealed 0. Citation of Existing Rules Affected by this Order: Number of Sections Adopted Using Negotiated Rule Repealing WAC 232-28-61900B and 232-28-61900E; and Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- amending WAC 232-28-619. ing: New 0, Amended 0, Repealed 0; or Other Alternative Statutory Authority for Adoption: RCW 77.12.047. Rule Making: New 0, Amended 0, Repealed 0. Under RCW 34.05.350 the agency for good cause finds Effective Date of Rule February 2, 2003, 12 01 a.m that immediate adoption, amendment, or repeal of a rule is January 28, 2003 necessary for the preservation of the public health, safety, or J. P. Koenings general welfare, and that observing the time requirements of Director notice and opportunity to comment upon adoption of a per- manent rule would be contrary to the public interest. Reasons for this Finding: NOAA fisheries approved NEW SECTION hatchery steelhead fisheries in the Upper Columbia steelhead WAC 220-52-04600Q Crab fishery-Seasons and evolutionary significant unit in October 2002. These fisher- areas. (1) Notwithstanding the provisions of WAC 220-52- ies may continue with modifications to the emergency rules 046, it is lawful to fish for Dungeness Crab for commercial issued previously. There is insufficient time to promulgate purposes as provided herein: permanent rules. (a) Effective immediately until further notice, that por- Number of Sections Adopted in Order to Comply with tion of Marine Fish/Shellfish Catch Area 2 lB in Samish Bay Federal Statute: New 0, Amended 0, Repealed O; Federal south of a line from Fish Point and Point Williams in water Rules or Standards: New 0, Amended 0, Repealed O; or deeper than 60 feet. Recently Enacted State Statutes: New 0, Amended 0, (b) Effective immediately until 12:01 a.m. February 16, • Repealed 0. 2003, those waters of Marine.Fish-Shellfish Management Number of Sections Adopted at Request of a Nongov-· and Catch Reporting Area 26A east and north of a line that ernmental Entity: New 0, Amended 0, Repealed 0. Emergency [ 30] Washington State Register, Issue 03-04 WSR 03-04-058 Number of Sections Adopted on the Agency's Own Ini- The following section of the Washington Administrative tiative: New 1, Amended 0, Repealed l. Code is repealed effective 12:01 a.m. April 1, 2003: • Number of Sections Adopted in Order to Clarify, • Streamline, or Reform Agency Procedures: New 0, WAC 232-28-61900E Exceptions to statewide Amended 0, Repealed 0. rules-Columbia, Methow, Number of Sections Adopted Using Negotiated Rule Okanogan and Similkameen Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- rivers. ing: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately. January 28, 2003 WSR 03-04-058 J. P. Koenings EMERGENCY RULES Director DEPARTMENT OF FISH AND WILDLIFE [Order 03-11-Filed January 30, 2003, 8:55 a.m.] NEW SECTION WAC 232-28-61900E Exceptions to statewide Date of Adoption: January'29, 2003. rules-Columbia, Methow, Okanogan and Similkameen Purpose: Amend commercial fishing regulations. rivers. Notwithstanding the provisions of WAC 232-28-619, Citation of Existing Rules Affected by this Order: effective immediately until further notice it is unlawful to Repealing WAC 220-44-05000R; and amending WAC 220- 44-050. violate the following provisions in the following waters: Statutory Authority for Adoption: RCW 77.12.047. (1) Columbia River from Highway 395 bridge at Pasco to the Old Hanford townsite wooden power line towers Under RCW 34.05.350 the agency for good cause finds upstream of Ringold Springs Rearing Facility - Open to fish that immediate adoption, amendment, or repeal of a rule is for and possess up to two hatchery steelhead per day through necessary for the preservation of the public health, safety, or March 31, 2003. general welfare, and that observing the time requirements of (2) Columbia River from Rocky Reach Dam to Chief notice and opportunity to comment upon adoption of a per- Joseph Dam - Open through March 31, 2003. Night closure. manent rule would be contrary to the public interest. • Reasons for this Finding: This Daily limit may contain up to two hatchery steelhead. regulation is needed to close the state directed pollock fishery while providing for • (3) Methow River - Mouth upstream to the confluence with the Chewuch River. Open through March 31, 2003. landings of incidental catches of pollock in the directed Selective gear rules except it is lawful to fish from motorized coastal groundfish fisheries of up to 20% of the landing by vessels. Night closure. Whitefish gear rules do not apply. weight. The incidental catch allowance accommodates fish- Daily limit may contain up to two hatchery steelhead. ers who are targeting other coastal groundfish who may encounter small amounts of pollock as bycatch in those fish- (4) Okanogan River - Mouth upstream open through eries. There is insufficient time to promulgate permanent March 31, 2003 rules. a) Except closed from Zosel Dam downstream to one- Number of Sections Adopted in Order to Comply with quarter mile below railroad trestle. Federal Statute: New 0, Amended 0, Repealed 0; Federal b) Except closed February 16, 2003 through March 31, Rules or Standards: New 0, Amended 0, Repealed 0; or 2003 in those waters between Highway 97 Bridge at Omak Recently Enacted State Statutes: New 0, Amended 0, and a line 500 feet above Omak Creek. Repealed 0. Selective gear rules except lawful to fish from motorized Number of Sections Adopted at Request of a Nongov- vessels. Night closure. Daily limit may contain up to two ernmental Entity: New 0, Amended 0, Repealed 0. hatchery steelhead. Number of Sections Adopted on the Agency's Own Ini- (5) Similkameen River - Mouth to 400 feet below Enloe tiative: New 1, Amended 0, Repealed l. Dam - Open through March 31, 2003. Selective gear rules. Number of Sections Adopted in Order to Clarify, Night closure. Whitefish gear rules do not apply. Daily limit Streamline, or Reform Agency Procedures: New 0, may contain up to two hatchery steelhead. Amended 0, Repealed 0. Number of Sections Adopted Using Negotiated Rule REPEALER Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- ing: New 0, Amended 0, Repealed O; or Other Alternative The following section of the Washington Administrative Rule Making: New 0, Amended 0, Repealed 0. Code is repealed: Effective Date of Rule: Immediately. WAC 232-28-61900B Exceptions to statewide January 29, 2003 rules-Columbia, Methow, J.P. Koenings Okanogan and Similkameen Director rivers. (02-292) by Larry Peck [ 31] Emergency I I I 11 WSR 03-04-066 Washington State Register, Issue 03-04 NEW SECTION ticket in the area reserved for dealer's use if any bottomfish t fish receiving ticket in the space reserved for dealer's use. The NMFS scientist in charge must sign the fish receiving WAC 220-44-0SOOOS Coastal bottom fish catch lim- its. Notwithstanding the provisions of WAC 220-44-050, are landed during authorized NMFS research. If the fish are effective immediately until further notice: landed under the authority of an EFP as payment for research (1) It is unlawful to possess, transport through the waters work, the EFP number must be listed in the dealer's use of the state, or land into any Washington port bottom fish space. taken from Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A-l, 59A-2, 60A-l, 60A-2, 61, 62, REPEALER or 63 in excess of the amounts or less than the minimum sizes, or in violation of any gear, handling or landing require- The following section of the Washington Administrative ment, established by the Pacific Fisheries Management Code is repealed: Council and published in the Federal Register, Volume 67, No. 224, published November 20, 2002. Therefore, persons WAC 220-44-05000R Coastal bottomfish catch lim- must consult the federal regulations, which are incorporated its. (02-291) by reference and made a part of Chapter 220-44 WAC. Where rules refer to the fishery management area, that area is extended to include Washington State waters coterminous with the Exclusive Economic Zone. A copy of the federal WSR 03-04-066 rules may be obtained by contacting Evan Jacoby at (360) EMERGENCY RULES 902-2930. DEPARTMENT OF (a) Effective immediately until further notice, it is SOCIAL AND HEALTH SERVICES unlawful to possess, transport through the waters of the state, (Economic Services Administration) or land into any Washington port, walleye pollock taken with [Filed January 30, 2003, 5:06 p.m., effective February I, 2003] trawl gear from Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A-l, 59A-2, 60A-l, 60A-2, Date of Adoption: January 29, 2003. 61, 62, or 63, except by trawl vessels participating in the Purpose: The proposed amendment will eliminate the directed Pacific whiting fishery and the directed coastal transitional work expense from authorized WorkFirst support groundfish fishery. services. {b) Effective immediately until further notice, it is Citation of Existing Rules Affected by this Order: • unlawful for trawl vessels participating in the directed Pacific Amending WAC 388-310-0800. • whiting and/or the directed coastal groundfish fishery to land Statutory Authority for Adoption: RCW 74.08.090, incidental catches of walleye pollock greater than twenty per- 74.04.050, and 78.08A.340. cent of their total landing by weight. Under RCW 34.05.350 the agency for good cause finds (2) At the time of landing of coastal bottom fish into a that state or federal law or federal rule or a federal deadline Washington port, the fish buyer receiving the fish is required for state receipt of federal funds requires immediate adoption to clearly mark on the fish receiving ticket, in the space of a rule. · reserved for dealer's use, all legally defined trawl gear aboard Reasons for this Finding: This change is necessary to the vessel at the time of delivery. The three trawl gear types save federal T ANF funds that are currently being overex- are: midwater trawl, roller trawl and small foot rope trawl pended. If we overexpend federal T ANF funds, we must use (foot rope less than eight inches in diameter). The notation of general state funds to make up the overexpenditure. We do the gear type(s) aboard the vessel is required prior to the sign- not have the authority to do this because funds have not been ing of the fish receiving ticket by the vessel representative. appropriated for this purpose. (3) Vessels engaged in chartered research for National Number of Sections Adopted in Order to Comply with Marine Fisheries Service (NMFS) may land and sell bottom- Federal Statute: New 0, Amended 0, Repealed O; Federal fish caught during that research without the catch being counted toward any trip or cumulative limit for the participat- Rules or Standards: New 0, Amended 0, Repealed O; or ing vessel. Vessels that have been compensated for research Recently Enacted State Statutes: New 0, Amended 1, Repealed 0. work by NMFS with an Exempted Fishing Permit (EFP) to land fish as payment for such research may land and sell fish Number of Sections Adopted at Request of a Nongov- authorized under the EFP without the catch being counted ernmental Entity: New 0, Amended 0, Repealed 0. toward any trip or cumulative limit for the participating ves- Number of Sections Adopted on the Agency's Own Ini- sel. Any bottomfish landed during authorized NMFS tiative: New 0, Amended 1, Repealed 0. research or under the authority of a compensating EFP for Number of Sections Adopted in Order to Clarify, past chartered research work must be reported on a separate Streamline, or Reform Agency Procedures: New 0, fish receiving ticket and not included on any fish receiving Amended 0, Repealed 0. ticket reporting bottomfish landed as part of any trip or cumu- Number of Sections Adopted Using Negotiated Rule fative limit. Bottomfish landed under the authority of NMFS Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- • research work or an EFP com.pensating research with fish ing: New 0, Amended 0, Repealed 0; or Other Alternative • must be clearly marked "NMFS Compensation Trip" on the Rule Making: New 0, Amended 1, Repealed 0. Emergency [ 32] Washington State Register, Issue 03-04 WSR 03-04-066 Effective Date of Rule: February 1, 2003. (2) Why do I receive support services? January 29, 2003 Although not an entitlement, you may receive support Brian H. Lindgren, Manager services for the following reasons: Rules and Policies Assistance Unit (a) To help you participate in work and WorkFirst activ- ities that lead to independence. AMENDATORY SECTION (Amending WSR 02-11-130, (b) To help you to participate in job search, accept a job, filed 5/21/02, effective 711/02) keep working, advance in your job and/or increase your WAC 388-310-0800 WorkFirst-Support services. wages. (1) Who can get support services? (c) You can also get help in paying your child care People who can get support services include: expenses through the working connections child care assis- (a) WorkFirst participants who receive a TANF cash tance program. (Chapter 388-290 WAC describes the rules grant; for this child care assistance program.) (b) Sanctioned WorkFirst participants during the two- (3) What type of support services may I receive and week participation before the sanction is lifted; what limits apply? (c) Unmarried or pregnant minors who are income eligi- There is a limit of three thousand dollars per person per ble to receive TANF and are: program year (July 1st to June 30th) for WorkFirst support (i) Living in a department approved living arrangement services you may receive. Most types of support services (WAC 388-486-0005) and are meeting the school require- have dollar limits. ments (WAC 388-486-0010); or (ii) Are actively working with a social worker and need The chart below shows the types of support services that support services to remove the barriers that are preventing are available for the different activities (as indicated by an "x") and the limits that apply. them from living in a department approved living arrange- ments and/or meeting the school requirements. Definitions: (d) Former WorkFirst recipients who are working at least • Work-related activities include looking for work or twenty hours or more per week for up to one year after leav- participating in workplace activities, such as community jobs ing T ANF if they need support services to meet a temporary or a work experience position. emergency. This can include up to four weeks of support ser- •• Safety-related activities include meeting significant or vices if they lose a job and are looking for another one (see emergency family safety needs, such as dealing with family .also WAC 388-310-1800); or violence. When approved, safety-related support services can • (e) American Indians who receive a T ANF cash grant exceed the dollar or category limits listed below. and have identified specific needs due to location or employ- •••Some support services are available if you need them ment. for other required activities in your IRP. . .. ... Type of support service . Limit Work Safety Other Reasonable accommodation for employment $1,000 for each request x Clothing/uniforms $200 per adult per program year x Diapers $50 per child per month x Haircut $40 per each request x Lunch Sarne rate as established by OFM for state employees x Personal hygiene $50 per adult per program year x Professional, trade, association, union and bonds $300 for each fee x Relocation related to employment (can.include rent, hous- $1,000 per program year x ing, and deposits) Short-term lodging and meals in connection with job Sarne rate as established by OFM for state employees x interviews/tests Tools/equipment $500 per program year x Car repair needed to restore car to operable condition $500 per program year x License/fees/liability insurance $600 per program year x Mileage, transportation, and/or public transportation Same rate as established by OFM for state employees x Transportation allotment Up to: x $10 for immediate need, or $20 twice a month if you live within 40 miles of your local WorkFirst office, or $30 twice a month if you live more than 40 miles from your local WorkFirst office. I Counseling No limit x [33] Emergency WSR 03-04-067 Washington State Register, Issue 03-04 . .. ... Type of support service Other Limit Work Safety Educational expenses x $300 for each request if it is an approved activity in your !RP and you do not qualify for sufficient student financial aid to meet the cost Medical exams (not covered by Medicaid) x $150 per exam $150permonth x Public transportation x $200 each x Testing-diagnostic x WSR 03-04-067 (4) What are the other requirements to receive sup- EMERGENCY RULES port services? Other restrictions on receiving support services are DEPARTMENT OF SOCIAL AND HEALTH SERVICES determined by the department or its agents. They will decide what support services you receive, as follows: (Economic Services Administration) (a) It is within available funds; and [Filed January 30, 2003, 5:10 p.m., effective February 1, 2003) (b) It does not assist, promote, or deter religious activity; and Date of Adoption: January 29, 2003. (c) There is no other way to meet the cost. Purpose: In order to limit expenditures under the addi- tional requirements for emergent needs (AREN) program, we (5) What ((is)) was a transitional work expense? must reduce the maximum payment from $1,500 to $750 per (a) A transitional work expense ((ts)) was a special type month. of support services that is only paid once in a lifetime. It ((ts)) Citation of Existing Rules Affected by this Order: was authorized in two payments of five hundred dollars to Amending WAC 388-436-0002. cover your work expenses and help you exit T ANF sooner Statutory Authority for Adoption: RCW 74.08.090, and stay off of assistance longer. ((The first paym eflt is m ade 74.04.510, and 74.08A.340. ifl the fflOAth after ymtr TANF graAt eloses if you cafl show you have a plafl for stayiAg em:ployed aAd off of TA.NF. Under RCW 34.05.350 the agency for good cause finds (a) To qualify for the first traAsitioAal work expeAse pay that state or federal law or federal rule or a federal deadline meflt of five huAdred dollars, yo1 1 m1 1st also meet the follow for state receipt of federal funds requires immediate adoption. of a rule. • iflg COflditiOflS: Reasons for this Finding: This change is necessary to i) Yo1 1 are iA 1 1Asuesidized em ploymeAt; or save federal T ANF funds that are currently being overex- ii) Yo1 1 are ifl s1 1esidized emplO)'meAt that does Rot 1 1se pended. If we overexpend federal T ANF funds, we must use TANF foAds or does Rot eAd with yo1:1r TANF graAt; aAd general state funds to make up the overexpenditure. We do (iii) Yott are ifl the assistaAce uAit afld gettiAg a not have the authority to do this because funds have not been TANF/SFA graAt of oAe huAdred dollars or less a fflOAth; aAd appropriated for this purpose. (iv) ~leither )'Ott or aAyoAe else ifl yottr assistaAce 1:1Ait is Number of Sections Adopted in Order to Comply with iA saActioA stat1:1s; aAd Federal Statute: New 0, Amended 0, Repealed 0; Federal (v) Yott volttfltarily stop gettiAg yo1:1r TANFISFA graflt. Rules or Standards: New 0, Amended 0, Repealed O; or Recently Enacted State Statutes: New 0, Amended 1, ~)) Effective February 1. 2003. transitional work Repealed 0. expenses are no longer available. Number of Sections Adopted at Request of a Nongov- (b) You may still qualify for the second payment of five ernmental Entity: New 0, Amended 0, Repealed 0. hundred dollars if you ((mttSt)) meet the following condi- tions: Number of Sections Adopted on the Agency's Own Ini- tiative: New 0, Amended 0, Repealed 0. (i) You received your first transitional work expense payment of five hundred dollars on or before January 31. Number of Sections Adopted in Order to Clarify, 2003;and Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. (ii) You have not received a TANF/SFA grant or diver- sion cash assistance (DCA) for three months after you Number of Sections Adopted Using Negotiated Rule stopped your T ANF/SFA grant; and Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- ing: New 0, Amended 0, Repealed O; or Other Alternative ((fti1)) (iii) You are still employed. Rule Making: New 0, Amended 1, Repealed 0. (6) What happens to my support services if I do not Effective Date of Rule: February 1, 2003. participate as required? January 29, 2003. The department will give you ten days notice, following Brian H. Lindgren, Manage. the rules in WAC 388-310-1600, then discontinue your sup- port services until you participate as required. Rules and Policies Assistance Unit Emergency [ 34] Washington State Register, Issue 03-04 WSR 03-04-067 AMENDATORY SECTION (Amending WSR 00-22-064, (ii) If you do not own the home, you must ask the land- t filed 10/27/00, effective 12/1/00) refuses to fix the damage or defect, we may pay for the repair lord in writing to fix the damage according to the Residential Landlord-Tenant Act at chapter 59.18 RCW. If the landlord WAC 388-436-0002 If my family has an emergency, can I get help from DSHS to get or keep our housing or or pay to move you to a different place whichever cost is utilities? DSHS has a program called additional require- lower. ments for emergent needs (AREN). If your family has an (e) If you receive TANF or SPA, WorkFirst support ser- emergency and you need a one-time cash payment to get or vices under WAC 388-310-0800 may be used to help you keep safe housing or utilities, you may be eligible. The spe- relocate to new housing to get a job, keep a job, or participate cial AREN payment is in addition to the regular monthly cash in WorkFirst activities. Nonhousing expenses, that are not grant your family may already get. covered under AREN, may be paid under WorkFirst support (1) To get AREN, you must: services. This includes expenses such as car repair, diapers, (a) Be eligible for temporary assistance for needy fami- or clothing. lies (TANF), state family assistance (SFA), or refugee cash (5) To get AREN, you must have a good reason for not assistance (RCA); having enough money to pay for your housing or utility costs. (b) Have an emergency housing or utility need; and You must prove that you: (c) Have a good reason that you do not have enough (a) Did not have money available that you normally use money to pay your housing or utility costs. to pay your rent and utilities due to an emergency situation (2) To get AREN, you must be eligible for TANF, SFA, that reduced your income (such as a long-term illness or or RCA. This means you must: injury); (a) Get benefits through TANF, SFA, or RCA. For RCA (b) Had to use your money to pay for necessary or emer- you must also be pregnant or have an eligible child; or gency expenses. Examples of necessary or emergency - (b) Apply for TANF, SFA, and RCA, and meet all eligi- expenses include: bility criteria including: (i) Basic health and safety needs for shelter, food and (i) The maximum earned income limit under WAC 388- clothing; 478-0035; (ii) Medical care; (ii) The requirement that your unearned income not (iii) Dental care needed to get a job or because of pain; exceed the grant payment standard; (iv) Emergency child care; (iii) The requirement that your countable income as (v) Emergency expenses due to a natural disaster, acci- • defined under WAC 388-450-0162 must be below the pay- dent, or injury; and • ment standard in WAC 388-478-0020 when you have both (vi) Other reasonable and necessary expenses. earned income and unearned income; (c) Are currently homeless; or (iv) The resource limits under chapter 388-470 WAC; (d) Had your family's cash grant reduced or suspended (v) The program summary rules for either TANF (WAC when we budgeted your expected income for the month, but 388-400-0005); SFA (WAC 388-400-0010); or RCA (WAC the income will not be available to pay for the need when the 388-400-0030); and payment is due. You must make attempts to negotiate later (vi) The requirement that you must be pregnant or have payments with your landlord or utility company before you an eligible child. can get AREN. (3) If you do not get or do not want to get T ANF, SFA or (6) In addition to having a good reason for not having RCA, you cannot get AREN to help with one-time housing or enough money to pay for your costs, you must also explain utility costs. We will look to see if you are eligible for diver- how you will afford to pay for the on-going need in the sion cash assistance (DCA) under WAC 388-432-0005. future. We may deny AREN if your expenses exceed your (4) To get AREN, you must have an emergency housing income (if you are living beyond your means). We may or utility need. You may get AREN to help pay to: approve AREN to help you get into housing you can afford. (a) Prevent eviction or foreclosure; (7) If you meet the above requirements, we decide the (b) Get housing if you are homeless or need to leave your amount we will pay based on the following criteria. home because of domestic violence; (a) AREN payments may be made up to a maximum of (c) Hook up or prevent a shut off of utilities related to ((f#teeft)) seven hundred fifty dollars. your health and safety. We consider the following utilities to (b) We can make the payment all at once or as separate be needed for health and safety: payments over a thirty-day period. The thirty-day period (i) Electricity or fuel for heating, lighting, or cooking; starts with the date of the first payment. (ii) Water; (c) The amount of AREN is in addition to the amount of (iii) Sewer; and your monthly T ANF, SFA, or RCA cash grant. (iv) Basic local telephone service if it is necessary for (d) We will decide the lowest amount we must pay to end your basic health and safety. your housing or utility emergency. We will contact your ( d) Repair damage or defect to your home when it causes landlord, utility company, or other vendor for information to a risk to your health or safety: make this decision. We may take any of the following steps • (i) If you own the home, we may approve AREN for the when deciding the lowest amount to pay: •least expensive method of ending the risk to your health or (i) We may ask you to arrange a payment plan with your safety; landlord or utility company. This could include us making a [ 35] Emergency WSR 03-04-078 Washington State Register, Issue 03-04 partial payment, and you setting up a plan for you to repay the Under RCW 34.05.350 the agency for good cause finds remaining amount you owe over a period of time. that immediate adoption, amendment, or repeal of a rule is (ii) We may have you use some of the money you have necessary for the preservation of the public health, safety, or available in cash, checking, or savings to help pay for the general welfare, and that observing the time requirements of expense. We will look at the money you have available as notice and opportunity to comment upon adoption of a per- well as your bills when we decide how much we will pay. manent rule would be contrary to the public interest. (iii) We may consider income that is excluded or disre- Reasons for this Finding: The closure is necessary so garded for cash assistance benefit calculations, such as SSI, that the non-Indian commercial fishery can stay within the as available to meet your emergency housing need. guideline of 1,500 sturgeon for the winter sturgeon season. A (iv) We may consider money other individuals such as protocol for annual sturgeon management will be adopted at family or friends voluntarily give you. We will not count the February 6, 2003, hearing. Regulation is consistent with loans of money that you must repay to friends or family compact action of January 31, 2003. There is insufficient members. time to promulgate permanent rules. (v) We may consider money from a nonneedy caretaker Number of Sections Adopted in Order to Comply with relative that lives in the home. Federal Statute: New 0, Amended 0, Repealed 0; Federal (vi) We may look at what other community resources Rules or Standards: New 0, Amended 0, Repealed O; or you currently have to help you with your need. Recently Enacted State Statutes: New 0, Amended 0, (8) Starting August 1, 2000, your family can get AREN Repealed 0. for your emergency housing or utility needs for one thirty- Number of Sections Adopted at Request of a Nongov- day period every twelve months: ernmental Entity: New 0, Amended 0, Repealed 0. (a) The thirty-day period starts on the date we issue your Number of Sections Adopted on the Agency's Own Ini- first AREN payment and lasts thirty consecutive days. tiative: New 0, Amended 0, Repealed l. (b) The twelve-month period starts the month we issued Number of Sections Adopted in Order to Clarify, your first AREN payment. The next time you could be eligi- Streamline, or Reform Agency Procedures: New 0, ble for AREN is the first day of the twelfth month after we Amended 0, Repealed 0. issued the first AREN payment. For example, if we issued Number of Sections Adopted Using Negotiated Rule you AREN on January 15th, you could be eligible again on Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- the first of January the next year. ing: New 0, Amended 0, Repealed O; or Other Alternative (c) The limit of one thirty-day period every twelve Rule Making: New 0, Amended 0, Repealed 0. months applies to the following people even if they leave the Effective Date of Rule: Immediately. assistance unit: January 31, 2003 t (i) Adults; and J.P. Koenings (ii) Minor parents that get AREN when no adults are in Director the assistance unit. by Larry Peck (d) We do not look at AREN benefits you received before August 1, 2000 when we look to see if you received REPEALER AREN in the last twelve months. (9) We pay AREN: The following section of the Washington Administrative (a) Directly to the landlord, mortgage company, utility, Code is repealed: or other vendor whenever we can. (b) If we cannot pay AREN directly to the landlord or WAC 220-33-0lOOOZ Columbia River season other vendor, we will issue the AREN as a part of your below Bonneville. (03-07) T ANF, SF A, or RCA cash grant. If we issue the AREN as a part of your grant, you must use it for your emergency need. (10) We may assign you a protective payee for your monthly grant under WAC 388-265-1250. WSR 03-04-088 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES WSR 03-04-078 (Economic Services Administration) EMERGENCY RULES [Filed February 3, 2003, 1:45 p.m.] DEPARTMENT OF FISH AND WILDLIFE Date of Adoption: January 28, 2003. [Order 03-12-Filed February 3, 2003, 11:19 a.m.] Purpose: On June 13, 2002, and October 8, 2002, the DSHS Division of Child Support (DCS) adopted emergency Date of Adoption: January 31, 2003. rules to bring the regulations and procedures of DCS into Purpose: Amend commercial fishing rules. agreement with statutory changes in the 2002 legislative ses- Citation of Existing Rules Affected by this Order: sion, namely changes to the Uniform Parentage Act (chapter. Repealing WAC 220-33-0lOOOZ. 302, Laws of 2002) and changes regarding the jurisdiction of. Statutory Authority for Adoption: RCW 77.12.047. DCS (chapter 199, Laws of 2002). DCS started the regular Emergency [ 36] Washington State Register, Issue 03-04 WSR 03-04-088 rule-making process at the same time. DCS continues to (b) Specifically relieves the noncustodial parent of a sup- work with stakeholders regarding the new rules and must do port obligation for the child(ren) named in the notice. • a third emergency filing to continue the existing rules in place (3) Whether support is based upon an administrative • while we develop permanent rules. order or a court order, DCS may serve a support establish- Citation of Existing Rules Affected by this Order: ment notice when parties to a paternity order subsequently Amending WAC 388-14A-3100, 388-14A-3102, 388-14A- marry each other and then separate, or parties to a decree of 3110, 388-14A-3115, 388-14A-3120, 388-14A-3370, and dissolution remarry each other and then separate. The 388-14A-3810. remaining provisions of the paternity order or the decree of Statutory Authority for Adoption: RCW 43.05.350 dissolution, including provisions establishing paternity, (l)(b), 74.08.090, 34.05.220(1), 74.20A.055, 74.20A.056, remain in effect. and 74.20A.310; chapter 302, Laws of 2002; chapter 199, ill Depending on the legal relationship between the NCP Laws of 2002. and the child for whom support is being set, DCS serves one Uqder RCW 34.05.350 the agency for good cause finds of the following support establishment notices: that state or federal law or federal rule or a federal deadline (a) Notice and finding of financial responsibility for state receipt of federal funds requires immediate adoption (NFFR), see WAC 388-14A-3115. This notice is used when of a rule. the NCP is either the mother or the legal father of the child. Reasons for this Finding: (1) Chapter 302, Laws of WAC 388-14A-3102 describes when DCS uses a NFFR to 2002, amends the Uniform Parentage Act regarding the affi- set the support obligation of a father who has signed ((a)) an davit or acknowledgment of paternity; (2) chapter 199, Laws acknowledgment or affidavit of paternity ((affidaYit)). of 2002, amends the statutory jurisdiction of DCS, with (b) Notice and finding of parental responsibility (NFPR), effective date of June 13, 2002; and (3) DCS continues to see WAC 388-14A-3120. This notice is used when the NCP work with stakeholders to develop permanent rules. was not married to the mother but has filed an affidavit or Number of Sections Adopted in Order to Comply with acknowledgment of paternity. WAC 388-14A-3102 Federal Statute: New 0, Amended 0, Repealed 0; Federal describes when DCS uses a NFPR to set the support obliga- Rules or Standards: New 0, Amended 0, Repealed O; or tion of a father who has signed ((a)) an acknowledgment or Recently Enacted State Statutes: New 1, Amended 7, affidavit of paternity ((affidaYit)). Repealed 0. (c) Notice and finding of medical responsibility Number of Sections Adopted at Request of a Nongov- (NFMR), see WAC 388-14A-3125. This notice is used when ernmental Entity: New 0, Amended 0, Repealed 0. DCS seeks to set only a medical support obligation instead of • Number of Sections Adopted on the Agency's Own Ini- a monetary child support obligation . • tiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, AMENDATORY SECTION (Amending WSR 00-15-016 Streamline, or Reform Agency Procedures: New 0, and 00-20-022, filed 7/10/00 and 9/25/00, effective 11/6/00) Amended 0, Repealed 0. Number of Sections Adopted Using Negotiated Rule WAC 388-14A-3102 When the parents have signed Making: New 0, Amended 0, Repealed O; Pilot Rule Mak- ((&))an acknowledgment or affidavit of paternity ((aftHI&- ing: New 0, Amended 0, Repealed O; or Other Alternative -¥#)),which support establishment notice does the division Rule Making: New 1, Amended 7, Repealed 0. of child support serve on the noncustodial parent? ( 1) Effective Date of Rule: Immediately. When the parents of a child are not married, they may sign an January 28, 2003 affidavit of paternity, also called an acknowledgment of Brian Lindgren, Manager paternity. The legal effect of the affidavit or acknowledgment Rules and Policies Assistance Unit depends on when it is filed, in what state it is filed, and whether both parents were over age eighteen when the affida- vit was signed. AMENDATORY SECTION (Amending WSR 00-15-016 and 00-20-022, filed 7/10/00 and 9125100, effective 1116/00) (2) For ((paternity)) affidavits or acknowledgments filed on or before August 14, 1997 with the center for health statis- WAC 388-14A-3100 How does the division of child tics in the state of Washington, the division of child support support establish a child support obligation when there is (DCS) serves a notice and finding of parental responsibility no child support order? (1) When there is no order setting (NFPR). See WAC 388-14A-3120. the amount of child support a noncustodial parent (NCP) (3) For paternity affidavits filed ((eH-eF)) after August should pay, the division of child support (DCS) serves a sup- 14, 1997 with the center for health statistics in the state of port establishment notice on the NCP and the custodial par- Washington, ((it depeHds oft hew ff1 t 1eh time has elapsed ent. A support establishment notice is an administrative siHee filiHg: notice that can become an enforceable order for support if (a) If less theft sixty clays have passed siRee filiHg, DCS nobody requests a hearing on the notice. senes a NFPR uRder WAC 388 14A 3120, l3ecause the par (2) DCS may serve a support establishment notice when eftts eaR resciRd (withdraw) the affidavit withiR sixt)' da)'S of • there is no order that: filiHg aRd request geHetic testiHg; er • (a) Establishes the noncustodial parent's support obliga- (13) If sixty or more days has passed siRce filiHg,)) DCS tion for the child(ren) named in the notice; or serves a notice and finding of financial responsibility (NFFR) [ 37) Emergency WSR 03-04-088 Washington State Register, Issue 03-04 under WAC 388-14A-3l15, because the affidavit or WAC 388-11-048 (or as later amended) within the following acknowledgment has become a conclusive presumption of time limits: paternity under ((RC'.V 26.26.040)) section 305, chapter 302, (a) The noncustodial parent must request genetic testing Laws of 2002. within twenty days of service, if the noncustodial parent was (4) For ((paternit}·)) acknowledgments or affidavits filed served in Washington state ((and the affidavit has not yet with the vital records agency of another state, DCS deter- becoffie a fiRal determination of paternity)). mines whether to serve a NFFR or NFPR depending on the (b) The noncustodial parent must request genetic testing laws of the state where the affidavit is filed. within sixty days of service, if the noncustodial parent was (5) DCS relies on ((paternity)) the acknowledgment or served outside of Washington state ((aRd the affidavit has Rot affidavit((s)), even if the mother ((fttld--the)) or father were yet eeeome a fiRal determinatiOfl of paternity)). eighteen years of age or older at the time they ((stgfted)) (c) The custodial parent must request genetic testing entered the acknowledgment or affidavit, ((or have reached within twenty days of service ((aRd may reEJuest geRetie test eighteeR years of age siRce sigRiRg the affidavit. A party who ing ORiy if the affidavit has Rot yet beeome a fiRal deterrniRa was t:mder eighteen at the time the affidavit was signed and tion of paternity. filed iR Washington after A1 1g1 1st 14, 1997 has siJlly da}'S (d) For parties who have filed paternity affidavits in after their eighteenth birthday to void the affidavit; for affida WashingtoR after August 14, 1997, a reEJuest for geRetie test 1>'its filed iR other states, the law of the state of filiRg deter iRg does Rot by itself operate to resciRd the affidavit)) of the mines ·uhether the affidavit is ''oidable)) under section 304, notice. chapter 302, Laws of 2002. (8) The noncustodial parent or custodial parent must (6) If the mother was married at the time of the child's make the hearing request or request for genetic testing, either birth, but not to the man acknowledging paternity, the man to in writing or orally, at any DCS office. See WAC 388-14-500 whom she was married must also have signed ((the affidavit (or as later amended) regarding oral requests for hearing. tEHlefty)) and filed a denial of paternity within ten days of the (9) After a timely request for hearing, the final order is child's birth. one of the following, whichever occurs latest: (7) If the acknowledgment or affidavit is legally defi- (a) An agreed settlement or consent order under WAC cient in any way, DCS may refer the case for paternity estab- 388-11-150 (or as later amended); lishment in the superior court. (b) An initial decision for which twenty-one days have (8) If the mother is the noncustodial parent, DCS serves passed and no party has filed a petition for review (this aNFFR. includes an order of default if neither party appears for hear- ing); or AMENDATORY SECTION (Amending WSR 00-15-016 (c) A review decision. and 00-20-022, filed 7I10100 and 9/25/00, effective 11/6/00) WAC 388-14A-3110 When can a support establish- AMENDATORY SECTION (Amending WSR 00-15-016 ment notice become a final order? (1) The notice and find- and 00-20-022, filed 7/10/00 and 9/25/00, effective 1116/00) ing of financial responsibility (NFFR), notice and finding of WAC 388-14A-3115 The notice and finding of finan- parental responsibility (NFPR), or notice and finding of med- cial responsibility is used to set child support when pater- ical responsibility (NFMR) becomes a final, enforceable order if neither the custodial parent or the noncustodial parent nity is not an issue. (1) A notice and finding of financial objects and requests a timely hearing on the notice. An objec- responsibility (NFFR) is an administrative notice served by tion is also called a hearing request. the division of child support (DCS) that can become an (2) If a timely objection is filed, the division of child sup- enforceable order for support, pursuant to RCW 74.20A.055. port (DCS) cannot enforce the terms of the notice until a final (2) The NFFR: order as defined in this section is entered. (a) Advises the noncustodial parent and the custodial (3) To be timely, the noncustodial parent must object parent (who can be either a parent or the physical custodian within the following time limits: of the child) of the support obligation for the child or children (a) Within twenty days of service, if the noncustodial named in the notice. The NFFR fully and fairly advises the parent was served in Washington state. parents of their rights and responsibilities under the NFFR. (b) Within sixty days of service, if the noncustodial par- (b) Includes the information required by WAC 388-11- ent was served outside of Washington state. 210 (or as later amended) and RCW 74.20A.055. (4) To be timely, the custodial parent must object within (c) Includes the noncustodial parent's health insurance twenty days of service. obligation, as required by WAC 388-11-215 (or as later (5) An objection to a support establishment notice is a amended). request for hearing on the notice. (d) May include an obligation to provide support for day (6) The effective date of the hearing request is the date care or special child-rearing expenses, pursuant to chapter the division of child support (DCS) receives the request for 26.19RCW. hearing. (e) Warns the noncustodial parent and the custodial par- • (7) When an NFPR is served, the order will not become ent that at an administrative hearing, the administrative law • a final order if either parent requests genetic testing under judge (ALJ) may set the support obligation in an amount Emergency [ 38] Washington State Register, Issue 03-04 higher or lower than, or different from, the amount stated in the NFFR, if necessary for an accurate support order. • (3) After service of the NFFR, the noncustodial parent • and the custodial parent must notify DCS of any change of address, or of any changes that may affect the support obliga- tion. (4) The noncustodial parent must make all support pay- ments to the Washington state support registry after service of the NFFR. DCS does not give the NCP credit for payments made to any other party after service of a NFFR, except as provided by WAC 388-11-015 and 388-11-280 (or as these sections are later amended). (5) DCS may take immediate wage withholding action and enforcement action without further notice under chapters 26.18, 26.23, and 74.20A RCW when the NFFR is a final order. WAC 388-14A-3 l l 0 describes when the notice becomes a final order. (6) In most cases, a child support obligation continues until the child reaches the age of eighteen.WAC 388-11-155 (or as later amended) describes when the obligation under the NFFR can end sooner or later than age eighteen. (7) If paternity has been established by an affidavit or acknowledgment of paternity ((filed iH WashiHgtoH state OH or after A1:1gust 14, 1997 beeomes a legal fiHdiHg of 13atemity uHder RCW 26.26.040 (l)(e) uHless it is reseiHded (with dravm) withiH siilty days of filiHg. If sixt)' days ha·;e 13assed siHee the affidavit or aelrnowledgmeHt was filed, DCS may serve a NFFR to establish a su1313ort obligatioH)), DCS attaches a copy of the acknowledgment, affidavit, or certifi- • cate of birth record information to the notice. A party wish- • ing to challenge the acknowledgment or denial of paternity may only bring an action in court to rescind or challenge the acknowledgment or denial of paternity under sections 307 and 308, chapter 302, Laws of 2002. (8) If the parents filed a paternity affidavit or acknowl- edgment of paternity in another state, and by that state's law paternity is therefore conclusively established, DCS may serve a NFFR to establish a support obligation. (9) A hearing on a NFFR is for the limited purpose of resolving the NCP's accrued support debt and current support obligation. The NCP has the burden of proving any defenses to liability. AMENDATORY SECTION (Amending WSR 00-15-016 and 00-20-022, filed 7/10/00 and 9/25/00, effective 11/6/00) WAC 388-14A-3120 The notice and finding of paren- tal responsibility is used to set child support when the father's duty of support is based upon an affidavit of paternity which is not a conclusive presumption of pater- nity. (1) A notice and finding of parental responsibility (NFPR) is an administrative notice served by the division of child support (DCS) that can become an enforceable order for support, pursuant to RCW 74.20A.056. (2) The NFPR differs from a notice and finding of finan- cial responsibility (NFFR)(see WAC 388-14A-3115) because the parties may request genetic testing to contest paternity after being served with a NFPR. (3) DCS serves a NFPR when: [ 39] (a) An affidavit acknowledging paternity is on file with the center for health statistics and was filed before August 14, 1997; or {b) ((AH affidavit aelrnowledgiHg 13aternity is OH file with the eeHter for health statisties aHd was filed OH or after August 14, 1997 lmt the sixty day 13eriod for reseissioH has Hot yet 13assed; or fe1)) An affidavit acknowledging paternity is on file with the vital records agency of another state and the laws of that state allow the parents to withdraw the affidavit or challenge paternity. (4) DCS attaches a copy of the acknowledgment of paternity or certification of birth record information to the NFPR. (5) The NFPR advises the noncustodial parent and the custodial parent (who is either the mother or the physical cus- todian of the child) of the support obligation for the child or children named in the notice. The NFPR fully and fairly advises the parents of their rights and responsibilities under the NFPR. The NFPR warns the noncustodial parent and the custodial parent that at an administrative hearing on the notice, the administrative law judge (ALJ) may set the sup- port obligation in an amount higher or lower than, or different from, the amount stated in the NFPR, if necessary for an accurate support order. (6) The NFPR includes the information required by WAC 388-11-210 (or as later amended), RCW 74.20A.055, and 74.20A.056. (7) The NFPR includes the noncustodial parent's health insurance obligation, pursuant to WAC 388-11-215 (or as later amended) . (8) The NFPR may include an obligation to provide sup- port for day care expenses or special child-rearing expenses, pursuant to chapter 26.19 RCW. (9) DCS may not assess an accrued support debt for a period longer than five years before the NFPR is served. This limitation does not apply to the extent that the noncustodial parent hid or left the state of Washington for the purpose of avoiding service. (10) After service of the NFPR, the noncustodial parent and the custodial parent must notify DCS of any change of address, or of any changes that may affect the support obliga- tion. ( 11) The noncustodial parent must make all support pay- ments to the Washington state support registry after service of the NFPR. DCS does not give the NCP credit for payments made to any other party after service of the NFPR, except as provided by WAC 388-11-015 and 388-11-280 (or as these sections are later amended). ( 12) DCS may take immediate wage withholding action and enforcement action without further notice under chapters 26.18, 26.23, and 74.20A RCW when the NFPR is a final order. See WAC 388-14A-3110 for when the notice becomes a final order. {13) In most cases, a child support obligation continues until the child reaches the age of eighteen. WAC 388-11-155 (or as later amended) describes when the obligation under the NFPR can end sooner or later than age eighteen. (14) Either the noncustodial parent, or the mother, if she is also the custodial parent, may request genetic tests under Emergency WSR 03-04-088 Washington State Register, Issue 03-04 WAC 388-11-048 (or as later amended), notwithstanding the language of WAC 388-11-048, which refers only to the father. A mother who is not the custodial parent may at any time request that DCS refer the case for paternity establish- ment in the superior court. (15) DCS does not stop enforcement of the order unless DCS receives a timely request for hearing or a timely request for genetic tests. See WAC 388-14A-3110 for time limits. DCS does not refund any money collected under the notice if the noncustodial parent is later: (a) Excluded from being the father by genetic tests; or (b) Found not to be the father by a court of competent jurisdiction. (16) If the noncustodial parent requested genetic tests and was not excluded as the father, he may request within twenty days from the date of service of the genetic tests in Washington, or sixty days from the date of service of the genetic tests outside of Washington: (a) A hearing on the NFPR. (b) That DCS initiate a parentage action in superior court under chapter 26.26 RCW. (17) If the noncustodial parent was not excluded as the father, the mother, if she is also the custodial parent, may within twenty days of the date of service of the genetic tests request: (a) A hearing on the NFPR; or (b) That DCS initiate a parentage action in superior court under chapter 26.26 RCW. (18) ((If the affidavit or ac!HwwledgmeRt was filed iR \VashiRgtoR after A1:1gust 14, 1997, but sixty days have Rot passed siRee filiRg, DCS serves a "t>WPR. If the NCP wishes to eoRtest paternity he must reseiRd (withdraw) the aelrnowl edgmeRt at the eeRter for health statisties before the sixty da)' period eRds or there will be a legal fiRdiRg of paternity uRder RC'N 26.26.040 (l)(e). A request to DCS for geRetie testiRg is Rot suffieieRt to withdraw the paternity affidavit. fl-91)) If the NCP is excluded by genetic testing, DCS may refer the case for paternity establishment in the superior court. ((~)) il2l A hearing on a NFPR is for the limited pur- pose of resolving the accrued support debt, current support obligation and reimbursement to DCS for paternity-related costs. The NCP has the burden of proving any defenses to lia- bility. NEW SECTION WAC 388-14A-3122 When the rescission period has not yet passed for an affidavit or acknowledgment filed between August 14, 1997 and June 13, 2002, which sup- port establishment notice does the division of child sup- port serve when the father is the noncustodial parent? (1) The division of child support (DCS) serves a notice and find- ing of parental responsibility (NFPR) under WAC 388-14A- 3120 if: (a) The parents filed an affidavit or acknowledgment of paternity with the department of health between August 14, 1997 and June 13, 2002; Emergency hearing on the terms of the NFPR. (3) The father, or the mother if she is also the custodial parent, may request genetic tests on the NFPR if the acknowl- edgment or affidavit of paternity has not yet become a final determination of paternity. (4) A party who requests genetic testing from DCS on an acknowledgment or affidavit of paternity filed with the department of health between August 14, 1997 and June 13, 2002, but within the sixty-day rescission period, must also file a rescission with the department of health. Requesting genetic testing does not stop the acknowledgment or affidavit from becoming final. AMENDATORY SECTION (Amending 01-03-089, filed 1117/01, effective 2/17/01) WAC 388-14A-3370 What legal defenses are avail- able to a noncustodial parent when DCS seeks to enforce a support obligation? (1) A noncustodial parent (NCP) who objects to a notice and finding of financial, parental, or med- ical responsibility has the burden of establishing defenses to liability. Defenses include, but are not limited to: (a) Proof of payment; (b) The existence of a superior court or administrative order that sets the NCP's support obligation or specifically • relieves the NCP of a support obligation for the child(ren) • named in the notice; (c) The party is not a responsible parent as defined by RCW 74.20A.020(7); (d) The amount requested in the notice is inconsistent with the Washington state child support schedule, Chapter 26.19 RCW; (e) Equitable estoppel, subject to WAC 388-14A-6500; or (f) Any other matter constituting an avoidance or affir- mative defense. (2) A dependent child's or a custodial parent's ineligibil- ity to receive public assistance is not a defense to the assess- ment of a support obligation. (3) An NCP may be excused from providing support for a dependent child ((reeeiviRg 13ublie assistaRee URder eha13ter 74.12 RC'.Jl)) if the NCP is the legal custodian of the child and has been wrongfully deprived of physical custody of the child. The NCP may be excused only for any period during which the NCP was wrongfully deprived of custody. The NCP must establish that: (a) A court of competent jurisdiction of any state has entered an order giving legal and physical custody of the child to the NCP; (b) The custody order has not been modified, super- seded, or dismissed; (c) The child was taken or enticed from the NCP's phys- • ical custody and the NCP has not subsequently assented to • deprivation. Proof of enticement requires more than a show- [ 40] Washington State Register, Issue 03-04 WSR 03-04-088 ing that the child is allowed to live without certain restrictions the NCP would impose; and • (d) Within a reasonable time after deprivation, the NCP • exerted and continues to exert reasonable efforts to regain physical custody of the child. AMENDATORY SECTION (Amending 01-03-089, filed 1117/01, effective 2/17/01) WAC 388-14A-3810 Once a child support order is entered how long does the support obligation last? (1) A noncustodial parent's obligation to pay support under an administrative order continues until: (a) A superior or tribal court order supersedes the order; (b) The order is modified under WAC 388-14A-3925; (c) The child reaches eighteen years of age; (d) The child is emancipated; (e) The child marries; (f) The child becomes a member of the United States armed forces; (g) The child or the responsible parent die; (h) A responsible stepparent's marriage is dissolved; ((ef)) (i) The parties to the order marry or remarry, as provided in WAC 388-14A-3100(3); or ill A superior court order terminates the responsible par- ent's liability as provided under RCW 26.16.205. (2) As an exception to the above rule, a noncustodial par- ent's obligation to pay support under an administrative order • continues and/or may be established for a dependent child • who is: (a) Under nineteen years of age; and (b) A full-time student reasonably expected to complete a program of secondary school or the equivalent level of vocational or technical training before the end of the month in which the student becomes nineteen years of age. (3) A noncustodial parent's obligation to pay support under an administrative order may be temporarily suspended when the: (a) Noncustodial parent (NCP) resides with the child for whom support is sought for purposes other than visitation; (b) NCP reconciles with the child and the custodial par- ent; or (c) Child returns to the residence of the NCP from a fos- ter care placement, for purposes other than visitation. (4) When the NCP's obligation to pay current support on a case is suspended under subsection (3) of this section, the division of child support (DCS) informs the NCP that the obligation is suspended, in writing, sent by regular mail to the NCP's last known address. (5) If circumstances causing an NCP's support obligation to be temporarily suspended change, the support obligation resumes. DCS sends the NCP a notice that the obligation to make current support payments has resumed. [ 41] Emergency Washington State Register, Issue 03-04 WSR 03-04-002 NOTICE OF PUBLIC MEETINGS DEPARTMENT OF AGRICULTURE (Wine Commission) [Memorandum-January 21, 2003] Below are the Washington Wine Commission 2003 meeting dates, times, and locations: February 7 Seattle March 7 Seattle April 4 Seattle May2 Pasco June6 Pasco July 11 Seattle August 1 Seattle September 5 Pasco November? Seattle December 5 Seattle All meetings are scheduled from 9 a.m. - noon. Pasco Location: Gordon Brothers Estate, 5960 Burden Boulevard, Pasco, WA 99301. Seattle Location: Washington Wine Commission, Goodwin Library, 93 Pike Street, Seattle, WA 98101. If you need any additional information, please feel free to call Kim Abello at (206) 667-9463 x200 or via e-mail kabello@washingtonwine.org. WSR 03-04-005 NOTICE OF PUBLIC MEETINGS UTILITIES AND TRANSPORTATION COMMISSION [Memorandum-January 24, 2003] The following is the schedule for the 2003 regular public meetings of the Washington Utilities and Transportation Commission: January 8, 2003 January 22, 2003 January 29, 2003 February 12, 2003 February 28, 2003 March 12, 2003 March 26, 2003 April 9, 2003 April 23, 2003 April 30, 2003 May 14, 2003 May 28, 2003 June 11, 2003 June 27, 2003 July 9, 2003 [ 1 J July 23, 2003 July 31, 2003, at 1 :30 p.m. August 13, 2003 August 27, 2003 September 10, 2003 September 24, 2003 October 8, 2003 October 22, 2003 October 29, 2003 November 12, 2003, at 1:30 p.m. November 26, 2003 December 10, 2003 December 31, 2003 All commission meetings will commence at 9:30 a.m. on the scheduled day unless otherwise noted. The meetings will be held in the Commission's Main Hearing Room, Second Floor, Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA. Assistance with sign language interpreters or informa- tion in alternate formats will be provided when requested ten days prior to the meeting date, by contacting the ADA coor- dinator at (360) 664-1133 or TTY (877) 210-5963. WSR 03-04-006 AGENDA UTILITIES AND TRANSPORTATION COMMISSION [Filed January 24, 2003, 2:51 p.m.] The Washington Utilities and Transportation Commis- sion submits its semi-annual report rule development agenda for publication in the Washington State Register pursuant to RCW 34.05.314. Please direct any questions to Karen M. Caille at (360) 664-1136 or kcaille@wutc.wa.gov. Utilities and Transportation Commission Semi-Annual Rules Development Agenda (January 1, 2003 - June 30, 2003) This report is the Utilities and Transportation Commis- sion's semi-annual report rule development agenda for publi- cation in the Washington State Register pursuant to RCW 34.05.314. Additional rule-making activity not on the agenda may be undertaken to meet conditions not now anticipated. Dates that are in "bold" print, indicate that filing has occurred. All other dates are projected. The commission maintains a schedule of rule-making activity that is updated several times per month. See <www.wutc.wa.gov>. Miscellaneous WSR 03-04-006 Washington State Register, Issue 03-04 WAC AGENCY DESCRIPTION CHAPTER TITLE CONTACT PROPOSED TIMELINE OF CHANGES CR-101 CR-102 CR-103 Chapter 480-09 WAC Procedural rules. Dennis Moss 6/1/01 6/27/03 8/27/03 Review of commission procedural Administrative Law rules. Division (360) 664-1164 WAC 480-15 Rule on reporting Fred Ottavelli 10/2/02 3126/03 5/28/03 Consider establishing rules that 480-30 transactions Regulatory Services would require reporting of transac- 480-51 between regulated (360) 664-1297 lions between regulated companies 480-70 companies and sub- and their subsidiaries. 480-75 sidiaries. 480-90 480-92 480-100 480-110 480-120 480-121 480-140 480-146 WAC 480-62-320 Petition for rule Mike Rowswell 1/24/03 9/10/03 11126/03 Consider adopting or amending rules making on locomo- Rail Safety related to public and employee tive remote technol- (360) 664-1205 safety and the protection of property ogy train opera- from damage associated with remote tions. control locomotive operations. Chapter 480-30 WAC Bus rules. Bonnie Allen 5/28/02 4/9/03 7/23/03 Review of rules as a result of Gover- Chapter 480-40 WAC Regulatory Services nor Locke's Executive Order 97-02. (360) 664-1226 Chapter 480-93 WAC Pipeline safety Sondra Walsh 8/9/01 7123/03 112004 Review of rules as a result of Gover- rules. Pipeline Safety nor Locke's Executive Order 97-02. (360) 664-1286 WAC 480-100-238 Resource planning Graciela Etchart 3126/03 12/2003 312004 Consider resource planning policy 480-90-238 rules. Regulatory Services revisions. Review of rules as a result (360) 664-1310 of Governor Locke's Executive Order 97-02. Chapter 480-04 WAC Public access to Not assigned 4/2003 To be deter- Update rules. information and (estimated) mined records. Chapter 480-11 WAC SEPA procedures. Not assigned 4/2003 To be deter- Reference Department of Ecology (estimated) mined rules; identify commission's respon- sible official. Chapter 480-62 WAC Railroad compa- Mike Rowswell 6111/03 1/2004 3/2004 Consider the following new rules: nies-Operations. Rail Safety Specify deadline for return of defect (360) 664-1265 report; crossing inspection require- ments by railroad; records require- ment relating to crossing inspec- tions, community notice require- ments; names, addresses and phone numbers of persons responsible for crossing repairs, signal repairs, and other problems; railroads responsi- ble for crossing and signal main te- nance; definition of severe crossing defects, and a requirement for imme- diate repair of such defects; and reporting complaints from citizens or governmental entities to the com- mission or retaining records of such complaints. Title 480 WAC Adoption by refer- Not assigned 412003 To be deter- Update adoption-by-reference dates ence. (estimated) mined in Title 480 WAC. Carole J. Washburn Secretary Miscellaneous (2) Washington State Register, Issue 03-04 WSR 03-04-011 WSR 03-04-008 WSR 03-04-010 INTERPRETIVE OR POLICY STATEMENT DEPARTMENT OF SOCIAL AND HEALTH SERVICES [Filed January 24, 2003, 3:35 p.m.] [Filed January 24, 2003, 3:38 p.m.] DESCRIPTION OF INTERPRETIVE OR POLICY STATEMENT Document Title: Numbered Memorandum 02-91 MAA. Document Title: Numbered Memorandum 02-96 MAA. Subject: Targeted vendor rate increase. Subject: Vendor rate increase for dental anesthesia, new Effective Date: January 1, 2003, Dates of service. procedure codes billable, and corrections to November 2002 Document Description: Effective for claims with dates dental billing instructions. of service on and after January 1, 2003, the Medical Assis- Effective Date: Dates of service on and after January 1, tance Administration (MAA) will implement a targeted ven- 2003. dor rate increase. The vendor rate increase will be allocated Document Description: Effective with dates of service as discussed in the memorandum. on and after January 1, 2003, MAA is implementing a vendor To receive a copy of the interpretive or policy statement, rate increase for dental anesthesia, as part of the targeted ven- contact Kevin Sullivan, Regulatory Improvement Coordina- dor rate increase authorized by the 2002 legislature. MAA is tor, Department of Social and Health Services, Medical adding three new procedure codes for root canal retreatment Assistance Administration, Division of Program Support, and publishing corrections to the dental billing instructions, P.O. Box 45533, Olympia, WA 98504-5533, phone (360) dated November 2002. 725-1344 or go to website http://maa.dshs.wa.gov (click on To receive a copy of the interpretive or policy statement, Numbered Memorandum link), TDD 1-800-848-5429, fax contact Kevin Sullivan, Regulatory Improvement Coordina- (360) 586-9727, e-mail mailto:sullikm@dshs. wa.gov. tor, Department of Social and Health Services, Medical January 17, 2003 Assistance Administration, Division of Program Support, E. A. Myers, Manager P.O. Box 45533, Olympia, WA 98504-5533, phone (360) Rules and Publications Section 725-1344 or go to website http://maa.dshs.wa.gov (click on Numbered Memorandum link), TDD 1-800-848-5429, fax (360) 586-9727, e-mail mailto:sullikm@dshs.wa.gov. January 17, 2003 E. A. Myers, Manager WSR 03-04-009 Rules and Publications Section INTERPRETIVE OR POLICY STATEMENT DEPARTMENT OF SOCIAL AND HEALTH SERVICES [Filed January 24, 2003, 3:36 p.m.] WSR 03-04-011 DESCRIPTION OF INTERPRETIVE OR POLICY STATEMENT INTERPRETIVE OR POLICY STATEMENT DEPARTMENT OF Document Title: Numbered Memorandum 02-92 MAA. SOCIAL AND HEALTH SERVICES Subject: Year 2003 changes and additions to CPT and [Filed January 24, 2003, 3:39 p.m.] HCPCS codes for physician-related services. Effective Date: January 1, 2003, Dates of service. DESCRIPTION OF INTERPRETIVE OR POLICY STATEMENT Document Description: Effective for claims with dates Document Title: Numbered Memorandum 03-01 MAA. of service on and after January 1, 2003, the Medical Assis- Subject: Replacement pages for MSS billing instruc- tance Administration (MAA) will begin using the Year 2003 tions. CPT™ and HCPCS Level II code additions as discussed in Effective Date: January 1, 2003. this memorandum. Maximum allowable fees for the year Document Description: The purpose of this memoran- 2003 additions and 2003 base anesthesia units (BAU) are dum is to issue maternity support services providers updated also included. replacement pages for the Medical Assistance Administra- To receive a copy of the interpretive or policy statement, tion's (MAA) maternity support services billing instructions, contact Kevin Sullivan, Regulatory Improvement Coordina- dated March 2002. On page E.7, the family planning perfor- tor, Department of Social and Health Services, Medical mance measure has been updated to include the most current Assistance Administration, Division of Program Support, birth control measures which are available and increase the P.O. Box 45533, Olympia, WA 98504-5533, phone (360) time to complete the performance measure to sixty days post 725-1344 or go to website http://maa.dshs.wa.gov (click on pregnancy. Numbered Memorandum link), TDD 1-800-848-5429, fax To receive a copy of the interpretive or policy statement, (360) 586-9727, e-mail mailto:sullikm@dshs.wa.gov. contact Kevin Sullivan, Regulatory Improvement Coordina- • January 17, 2003 tor, Department of Social and Health Services, Medical • E. A. Myers, Manager Assistance Administration, Division of Program Support, Rules and Publications Section P.O. Box 45533, Olympia, WA 98504-5533, phone (360) [ 3] Miscellaneous WSR 03-04-012 Washington State Register, Issue 03-04 725-1344 or go to website http://maa.dshs.wa.gov (click on WSR 03-04-015 Numbered Memorandum link), TDD 1-800-848-5429, fax NOTICE OF PUBLIC MEETINGS DEPARTMENT OF AGRICULTURE (360) 586-9727, e-mail mailto:sullikm@dshs.wa.gov. (Dairy Products Commission) January 17, 2003 [Memorandum-January 24, 2003) E. A. Myers, Manager Washington Dairy Products Commission Rules and Publications Section Meeting Schedule January - December 2003 Date Location Time WSR 03-04-012 January No commission meeting INTERPRETIVE OR POLICY STATEMENT February 6 Washington Dairy Center 8:00 4201 198th Street S.W. DEPARTMENT OF Suite 101 SOCIAL AND HEALTH SERVICES Lynnwood, WA 98036 [Filed January 24, 2003, 3:40 p.m.] March 5 Washin.gton Dairy Center 9:30 DESCRIPTION OF INTERPRETIVE OR POLICY STATEMENT April 1 Doubletree Hotel TBD Boise, ID Document Title: Numbered Memorandum 03-02 MAA. May7 Washington Dairy Center 9:30 Subject: Prescription service by mail available to medi- June 20 Embassy Suites Hotel 9:30 cal assistance fee-for-service clients. 20610 44th Avenue West Effective Date: February 1, 2003. Lynnwood, WA 98036 Document Description: Effective February 1, 2003, July 30 Washington Dairy Center 9:30 Medco Health Solutions, Inc., a national prescription benefits August No meeting manager, has contracted with the Medical Assistance Admin- September Washington Dairy Center 9:30 istration (MAA) to distribute prescription drugs by mail. 17-18 There is no charge to providers or clients for this service. October 27 Red Lion Yakima Center Hotel TBD To receive a copy of the interpretive or policy statement, 607 East Yakima Avenue contact Kevin Sullivan, Regulatory Improvement Coordina- Yakima, WA 98901 tor, Department of Social and Health Services, Medical November No meeting Assistance Administration, Division of Program Support, December Washington Dairy Center 9:30 P.O. Box 45533, Olympia, WA 98504-5533, phone (360) 4-5 725-1344 or go to website http://maa.dshs.wa.gov (click on The above meetings are subject to change. Please con- Numbered Memorandum link), TDD l-80'0-848-5429, fax firm all meetings with Celeste Piette at (425) 672-0687 to (360) 586-9727, e-mail mailto:sullikm@dshs.wa.gov. verify date, time, and location. In addition, some meeting January 17, 2003 times are still to be determined. E. A. Myers, Manager Rules and Publications Section WSR 03-04-016 NOTICE OF PUBLIC MEETINGS EASTERN WASHINGTON UNIVERSITY [Memorandum-January 27, 2003] WSR 03-03-014 NOTICE OF PUBLIC MEETINGS BOARD OF TRUSTEES BATES TECHNICAL COLLEGE OPEN COMMITTEE MEETINGS NOTICE [Memorandum-January 23, 2003] Eastern Washington University The board of trustees of Bates Technical College will 516 5th Street meet in special session on January 28, 2003, from 5:00 p.m. Cheney, WA 99004 to approximately 7:00 p.m. in the President's Conference On Friday, January 24, 2003, the board of trustees of Room, 1101 South Yakima A venue, Tacoma, for the purpose Eastern Washington University will be holding meetings • of discussion personnel issues. No action will be taken dur- according to the following schedule. We anticipate a quorum • ing executive session. of the board to be present at these meetings. Miscellaneous [ 4] Washington State Register, Issue 03-04 WSR 03-04-037 7 30- 8 00 a.m Olympia, WA 98504-7471, phone (360) 570-5865, fax (360) Academic Affairs Committee 586-7602. PUB 261 Alan R. Lynn (To approve the Early Head Start Program Budget) Rules Coordinator 8 00 a.m. - 12 00 p.m Committee of the Whole PUB 205/206 (A budget workshop-No final action will be taken) WSR 03-04-034 NOTICE OF PUBLIC MEETINGS 12 00 - 3 00 p.m Board of Trustees Meeting DEPARTMENT OF AGRICULTURE PUB 263, 5, 7 (Barley Commission) Executive Session, PUB 261, 12 00 - 1 00 p.m.) [Memorandum-January 24, 2003] (or earlier depending on the ending time of the morn- To keep in compliance with the Open Public Meetings ing meeting) Act the Washington Barley Commission is filing the follow- Open Public Meeting 1 00 - 3 00 p.m.) ing schedule of the times, dates, and locations of our 2003 scheduled meetings: Meeting Type Date Time WSR 03-04-018 Regular Meeting March 26, 2003 9:00 a.m. NOTICE OF PUBLIC MEETINGS OFFICE OF THE GOVERNOR Annual Meeting June 30, 2003 9:00a.m. (Clemency and Pardons Board) Regular Meeting October 1, 2003 9:00 a.m. [Memorandum-January 24, 2003] Regular Meeting December 12, 2003 9:00 a.m. The Washington State Clemency and Pardons Board All of the meetings will be held in the Washington hereby files with the code reviser the following schedule of Wheat Commission's Conference Room, West 907 Riverside its regular meetings for 2003: A venue, Spokane, WA. • The March 14 meeting of the Clemency and Pardons If you have any questions, please call our office at (509) ., Board will be held at the Department of Labor Industries 456-4400. Headquarters, 7273 Linderson Way S.W., Conference Room Sll8, Tumwater, WA, starting at 10:00 a.m.; the June 13, September 12 and December 12, 2003, meetings of the Clem- ency and Pardons Board will be held in the John A. Cherberg Building, Hearing Room 4, Olympia, Washington, starting at WSR 03-04-036 10:00 a.m. NOTICE OF PUBLIC MEETINGS OFFICE OF THE GOVERNOR (Clemency and Pardons Board) [Memorandum-January 27, 2003] WSR 03-04-029 INTERPRETIVE STATEMENT On January 31, 2003, at 2:30 p.m. there will be a confer- DEPARTMENT OF REVENUE ence call among the board members to discuss the Adolpho [Filed January 27, 2003, 3:26 p.m.] Hinjosa case. A speaker phone will be available for public participation at the Office of the Governor, Insurance Build- CANCELLATION OF INTERPRETIVE STATEMENT ing, Second Floor, 302 14th Avenue S.W., Olympia, WA. This announcement is being published in the Washing- ton State Register pursuant to the requirements of RCW 34.05.230(4). The Department of Revenue cancelled the following WSR 03-04-037 Property Tax Bulletin (PTB) effective January 27, 2003: NOTICE OF PUBLIC MEETINGS PTB 91-3 (Forest Land Classification/Designation: NOXIOUS WEED Change of Status, Valuations, and Compensating Tax CONTROL BOARD Calculations). The information provided in this document [Memorandum-January 28, 2003] has been updated and incorporated into WAC 458-30-700 Designated forest land-Removal-Change in status-Com- The next meeting of the Washington State Noxious • pensating tax. Weed Control Board will be at 8 a.m., Tuesday, March 18, ., Questions regarding these cancellations may be directed 2003, Campbell's Resort, 104 West Woodin, Chelan, WA to Velinda Brown, Property Tax Division, P.O. Box 47471, 98816. [ 5] Miscellaneous WSR 03-04-039 Washington State Register, Issue 03-04 WSR 03-04-039 WSR 03-04-048 NOTICE OF PUBLIC MEETINGS AGENDA DEPARTMENT OF FINANCIAL INSTITUTIONS GENERAL ADMINISTRATION [Filed January 28, 2003, 1:56 p.m.] (State Capitol Committee) [Memorandum-January 28, 2003] Department of Financial Institutions Please record the following 2003 quarterly State Capitol Semi-Annual Agenda for Rules Under Development Committee (SCC) meeting dates, time and location in the January 1, 2003 - June 30, 2003 Washington State Register: DIVISION OF BANKS Thursday, March 13 10 00 a.m. to 12 00 p.m 1. The division plans to file a proposed rule to amend Thursday, June.5 10 00 a.m. to 12 00 p.m chapter 208-512 WAC to reform the rules governing lending Thursday, October 23 10 00 a.m. to 12 00 P·ITI limits of state-chartered commercial banks. 10 00 a.m. to 12 00 p.m 2. The division plans to file a proposed rule to amend Thursday, December 11 chapter 208-544 WAC to increase the fees the division·. The SCC meetings will be held in Room 207 on the Sec- charges up to the fiscal growth factor under chapter 43 .135 ond Floor of the General Administration Building, 210 11th RCW and to allow a waiver of fee and assessment increases. Avenue S.W., Olympia, WA. DIVISION OF CONSUMER SERVICES If you have any questions, please contact Kim Buccarelli 1. Amendments to chapter 208-680 WAC, Escrow at 902-0955. Agent Registration Act, to provide guidance to escrow agents performing collection escrows, to address technical concerns in the area of trust accounting, and to provide additional def- initions of terms. 2. Amendments to chapter 208-620 WAC, Consumer Loan Act, to reflect changes to the statute, to update and modernize the rules, and to provide additional guidance to licensees regarding the conduct of mortgage brokerage activ- ities under the Consumer Loan Act. DIVISION OF CREDIT UNIONS l. The division may file a proposed rule to amend chap- ter 208-418 WAC to increase the asset assessment fees and exam hourly rates for fiscal years 2004 and 2005 up to the fis- cal growth factor. DIVISION OF SECURITIES l. The division may amend WAC 460-42A-081 to rec- ognize the Toronto Stock Exchange for purposes of second- ary trading. WSR 03-04-041 POLICY STATEMENT DEPARTMENT OF HEALTH [Filed January 28, 2003, 4:13 p.m.] NOTICE OF ADOPTION OF A POLICY ST A TEMENT Title of Policy: Health Care Assistant Supervision, Fin- ger Sticks. Issuing Entity: Department of Health. Subject Matter: This interpretive statement describes appropriate supervision of health care assistants performing needle sticks. Effective Date: January 9, 2003. Contact Person: Pamela Lovinger, Regulatory Affairs Manager, Health Professions Quality Assurance, Department of Health, P.O. Box 47860, Olympia, WA 98504-7860, (360) 236-4984. [ 6] Miscellaneous Washington State Register, Issue 03-04 WSR 03-04-051 WSR 03-04-050 AGENDA HEALTH CARE AUTHORITY [Filed January 29, 2003, 11 :38 a.m.] Washington State Health Care Authority Melodie Bankers, Rule Coordinator, (360) 923-2728 January 31, 2003, Semi-Annual Rule-Making Agenda Approximate Preproposal