including

Hazard statements (CLP)

H057

Disposal

Systems," United States Environmental Protection assuring enhanced treatment performance beyond that Agency, EPA-625/1-80-012, October, 1980, except where accomplished by meeting the vertical separation and effluent modified by, or in conflict, with this chapter (available upon distribution requirements described in WAC 246-272-11501 written request to the department); (2)(f) Table IV; or (c) Use the soil names and particle size limits of the (c) Evidence of protective conditions involving both (a) United States Department of Agriculture Soil Conservation and (b) of this subsection. Service classification system; (4) Persons shall design and/or install disposal compo- (d) Determine texture, structure, compaction and other nents only where: soil characteristics that affect the treatment and water (a) The slope is less than forty-five percent (twenty-four movement potential of the soil by using normal field and/or degrees); laboratory procedures such as particle size analysis; and (b) The area is not subject to: (e) Classify the soil as in Table II, Soil Textural (i) Encroachment by buildings or construction such as (b) Drainage from the surface, footing drains, roof drains, and other nonsewage drains is prevented from entering the OSS and the area where the OSS is located; Very Gravelly = >35% and <60% gravel and coarse fragments, (c) The OSS is designed to treat and dispose of the by volume. following flows: 2 Extremely Gravelly = >60% gravel and coarse fragments, by (i) For single family residences, one hundred twenty volume. gallons per bedroom per day, with a minimum of two (3) The owner of the property or his agent shall: hundred forty gallons per day, unless technical justification (a) Prepare the soil log excavation to: is provided to support calculations using a lower design (i) Allow examination of the soil profile in its original flow; position by: . (ii) For other facilities, the design flows noted in (A) Excavating pits of sufficient dimensions to enable "Design Manual: On-site Wastewater Treatment and observation of soil characteristics by visual and tactile means Systems," United States Environmental Protection to a depth three feet deeper than the anticipated bottom of Agency, EPA-62511-80-012, October, 1980 (available upon the disposal component; or written request to the department.) If the type of facility is (B) Stopping at a shallower depth if a water table or not listed in the EPA design manual, design flows from one restrictive layer is encountered; and of the following documents are used: (ii) Allow determination of the soil's texture, structure, (A) "Design Standards for Large On-site Sewage color, bulk density or compaction, water absorption capabili- Systems," 1993, Washington state department of health ties or permeability, and elevation of the highest seasonal (available upon request to the department); or water table; and (B) "Criteria for Sewage Works Design," revised (b) Assume responsibility for constructing and maintain- October 1985, Washington state department of ecology ing the soil log excavation in a manner to reduce potential (available upon written request to the department of ecolo- for physical injury by: gy). (i) Placing excavated soil no closer than two feet of the (d) Septic tanks: excavation; (i) Are included on the approved list under subsection (ii) Providing a ladder, earth ramp or steps for safe (5)(d) of this section; egress to a depth of four feet, then scoop out a portion from (ii) Have the following minimum liquid capacities: the floor to gain the additional two foot depth necessary to [ 23] Proposed WSR 93-21-062 Washington State Register, Issue 93-21 (A) For a single family residence use Table III, Re- (iii) Annual precipitation in the region is less than quired Minimum Liquid Volumes of Septic Tanks: twenty-five inches per year as described by "Washington Climate" published jointly by the Cooperative Extension TABLE III Service, College of Agriculture, and Washington State REQUIRED MINIMUM LIQUID VOLUMES OF SEPTIC TANKS University (available for inspection at Washington state libraries); Number of bedrooms Required minimum (iv) The system is located outside all areas of special liquid tank volume in gallons concern defined by WAC 246-272-2150 I (I); (v) The system is located outside the twelve county S·3 900 Puget Sound water quality authority region; and 4 1000 (vi) The geologic conditions beneath the disposal Each additional bedroom 250 component must satisfy the minimum unsaturated depth requirements to ground water identified by interpreting a readable, representative well log. The method for determina- (B) For facilities handling residential sewage, other than tion is described by "Design Guideline for Conventional one single family residence, one and one-half times the daily Systems In Type I Soils," (available upon written request to design flow with a minimum of one thousand gallons; the department). (iii) Have clean-out and inspection accesses within (i) Individual SSAS laterals greater than one hundred twelve inches of finished grade; and feet in length are to use pressure distribution; (iv) Are designed with protection against floatation and U) OSS having daily design flows between one thousand ground water intrusion in high ground water areas; and three thousand five hundred gallons of sewage per day: (e) Pump chambers: (i) Are located only in soil types I - 5; (i) Are included on the approved list under subsection (ii) Are located on slopes of less than thirty percent, or (5)(d) of this section; seventeen degrees; and (ii) Have clean-out and inspection accesses at or above (iii) Have pressure distribution; finished grade; and (k) Conventional gravity systems and conventional (iii) Are designed with protection against floatation, pressure distribution system have: ground water intrusion, and surface water inflow in high (i) The calculation of absorption area based upon the ground water areas; design flows in (c) of this subsection and loading rates equal (f) Methods for effluent distribution shall correlate to to or less than those in Table V, Maximum hydraulic loading soil types IA through soil type 6 as described by Table IV rate for residential sewage, and applied only to the bottom of this section, except where local regulations approved by of the trench of the excavation. the department under WAC 246-272-02001 are more stringent: TABLE V MAXIMUM HYDRAULIC LOADING RATE FOR RESIDENTIAL SEWAGE' TABLE IV METHODS OF.' EF.'FLUEUT DISTRIBUTION FOR SOIL TYPES AllD DEPTHS 'LOAOING- RATE, 0 ·,SOIL SOlL ,T.EXTURJ\L" CLAS S IFICATION TYPE DESCRIPTION ;gal./sq. ft./day VERTICAL SEPARATION 2 lA Very gravelly coarse sands or Varies according SOIL < l foot ~ l foot to > 2 feet to ~ 3 feet coarser, extremely gravelly] soils. to system selected to meet TYPE < 2 feet < 3 ·teet I Treatment lA Not Pressure Standard 2 • allowed Distribution (see note)'• 2 (see note} 1 ·(see note)' lB Very gravelly medium sands, very Varies according to soil type of gravelly fine sands, very gravelly 2A Not Pressure very fine sands, very gravelly loamy the non-gravel allowed Distribution sands. portion 5 (see note)'" 2 2A Coarse sands (includes the ASTM C-33 l. 2 lB - 6 !lot Pressure Gravity sand). allowed Distribution (see note)'• 2 2B Medium sands. 1.0 Fine sands, loamy coarse sands, loamy 0.8 medium sands. 4 System meeting Treatment Standard 2 required. Very fine sands, loamy fine sands, 0.6 loamy very fine sands, sandy loams, 2 Mound systems installed where the original, undisturbed, loams. unsaturated soil depth is between twelve and eighteen inches, 5 Silt loams that are porous and have 0.45 well developed structure. require pretreatment by an intermittent sand filter. Other silt loams, sandy clay loams, 0.2 (g) SSAS beds are only designed in soil types 2A, 2B, clay loams, silty clay. loams. or 3, with a width not exceeding ten feet; (h) Designs for conventional gravity systems in type IA Compacted soils, cemented soils, and/or poor soil structure may require a reduction of the loading rate or make the soil unsuit- soil are not permitted due to the inadequate treatment able for conventional OSS systems. performance capability of coarse grained soils. However, an 2 Very Gravelly = >35% and <60% gravel and coarse fragments, exception may be permitted by the local health officer if the by volume. site meets all of the following criteria: 3 Extremely Gravelly = >60% gravel and coarse fragments, by (i) System serves a single family residence; volume. (ii) The lot size is greater than two and one-half acres; Proposed [ 24] Washington State Register, Issue 93-21 WSR 93-21-062 4 Due to the highly permeable nature of type 1 A soil, only (a) Develop and maintain design and construction alternative systems which meet or exceed Treatment Standard 2 can be installed. However, a conventional gravity system may standards for septic tanks, pump chambers, and holding be used if it meets all criteria listed under (h) of this subsection. tanks. The loading rate for these systems is provided in the appropriate (b) Review septic tanks, pump chambers, and holding guideline. tanks, approving those satisfying the design and construction 5 The maximum loading rate listed for the soil described as the standards developed by the department. non-gravel portion is to be used for calculating the absorption (c) Require an annual report from the manufacturers or surface area required. The value is to be determined from this distributors of all products on the approved list under (d) of table. this subsection which assures that the product still meets the (ii) The bottom of a SSAS shall not be deeper than standards defined in this section, before relisting the product. three feet below the finished grade, except under special (d) Maintain a list of approved septic tanks, pump conditions approved by the local health officer. The depth chambers, holding tanks that meet design and construction of such system shall not exceed ten feet from the finished standards. grade; (e) Make periodic checks of products approved under (iii) The sidewall below the invert of the distribution this subsection. pipe is located in original, undisturbed soil; (6) Persons desiring to manufacture or distribute septic (iv) Clean gravel, covered with a geotextile; and tanks, pump chambers, holding tanks for use in an ass (v) A cover of between six and twenty-four inches of shall: mineral soil containing no greater than ten percent organic (a) Certify the product meets standards for subsection content over the gravel to preclude accumulation of water (5)(a) of this section and submit the required documentation over the drainfield. to the department for approval when: (I) For other features, conventional gravity systems shall (i) The manufacturer or distributor needs initial depart- conform with the "Design Manual: On-site Wastewater mental review and listing to allow permitting by the local Treatment and Disposal Systems," United States Environ- health officer or department; mental Protection Agency, EPA-62511-80-012, October, 1980 (ii) The department amends the applicable criteria or (available upon written request to the department) except standards; or where modified by, or in conflict with this section or local (iii) The manufacturer or distributor alters the product; regulations. (b) Submit an annual report acceptable to the depart- (3) When proposing the use of OSS for nonresidential ment to retain departmental approval; and sewage, the designer shall provide to the local health officer: (c) Pay required fees to the department. (a) Information to show the sewage is not industrial wastewater; NEW SECTION (b) Information to establish the sewage's strength and identify chemicals found in the sewage that are not found in WAC 246-272-12501 Holding tank sewage systems. residential sewage; and (I) Persons shall not install or use holding tank sewage (c) A design providing treatment equal to that required systems for residential development or expansion of resi- of residential sewage. dences, whether seasonal or year-round, except as set forth (4) The local health officer or department: under subsection (2) of this section. (a) Shall approve only OSS designs meeting the (2) The local health officer may approve installation of requirements of this chapter; holding tank sewage systems only: (a) For permanent uses limited to controlled, part-time, (b) Shall only permit the use of septic tanks, pump commercial usage situations, such as, recreational vehicle chambers, and holding tanks on the approved list under parks and trailer dump stations. subsection (5)(d) of this section; (c) Shall not approve designs for: (b) For interim uses limited to handling of emergency situations. (i) Cesspools; (ii) Seepage pits, except as a.llowed for repairs under (c) For repairs as permitted under WAC 246-272-16501 (I)( c )(i). WAC 246-272-16501(3); or (iii) Conventional gravity systems or conventional (3) A person proposing to use a holding tank sewage system shall: pressure distribution systems in soil type IA, except when an applicant meets all criteria established by subsection (2)(h) (a) Follow established design criteria established by the department; of this section. (d) May approve a design for the reserve area different (b) Submit a management program to the local health than the design approved for the initial ass, if both designs officer assuring ongoing operation and maintenance before the local health officer issues the installation permit; and meet the requirements of this chapter for new construction; (c) Use a holding tank on the current approved list and (e) May allow the hydraulic loading rate calculated for under WAC 246-272-11501 (5)(d). the infiltration surface area in a disposal component to include six inches of the SSAS sidewall height for determin- NEW SECTION ing design flow where total recharge by annual precipitation WAC 246-272-13501 Installation. (I) The local and irrigation is less than twelve inches per year. health officer and the department shall require approved (5) The department shall: installers to construct OSS, except as noted under subsection (2) of this section. [ 25 l Proposed WSR 93-21-062 Washington State Register, Issue 93-21 (2) The local health officer may allow the resident (b) Employ an approved pumper to remove the septage owner of a single family residence to install the OSS for that from the tank when the level of solids and scum indicates single family residence when: The OSS is either located on that removal is necessary; the same lot as the residence or situated on adjoining (c) Protect the OSS area and the reserve area from: property controlled by the owner and legally listed as an (i) Cover by structures or impervious material; encumbrance. (ii) Surface drainage; (3) The installer described by either subsection (I) or (iii) Soil compaction, for example by vehicular traffic or (2) of this section shall: livestock; and (a) Follow the approved design; (iv) Damage by soil removal and grade alteration; (b) Have the approved design in possession during ( d) Keep the flow of sewage to the OSS at or below the installation; approved design both in quantity and waste strength; (c) Only install septic tanks, pump chambers, and (e) Operate and maintain alternative systems as directed holding tanks approved by the department; by the local health officer; and (d) Be on the site at all times during the excavation and (f) Direct drains, such as footing or roof drains, away construction of the OSS; from the area where the OSS is located. ( e) Install the OSS to be watertight, except for the (2) The local health officer shall: disposal component; (a) Provide operation and maintenance information to (f) Cover the installation only after the local health the OSS owner upon approval of any installation, repair, or officer has given approval to cover; and alteration of an OSS; and (g) Back fill and grade the site to prevent surface water (b) Develop and implement plans to: from accumulating over any component of the OSS. (i) Monitor all OSS performance within areas of special concern; NEW SECTION (ii) Disseminate relevant operation and maintenance information to OSS owners through effective means WAC 246-272-14501 Inspection. (1) The local health routinely and upon request; and officer shall: (iii) Assist in distributing educational materials to OSS (a) Visit the OSS site during the site evaluation, owners. construction, or final construction inspection; (3) Persons shall not: (b) Either inspect the OSS before cover or allow the (a) Use or introduce strong bases, acids or chlorinated designer of the OSS to perform the inspection before cover organic solvents into an OSS for the purpose of system if: cleaning; (i) The designer is qualified; and (b) Use a sewage system additive unless it is specifical- (ii) The designer is not also named as installer of the ly approved by the department; or system; and (c) Use an OSS to dispose of waste components atypical (iii) A qualified installer installed the OSS. of residential wastewater. (c) Keep the "as-built" or "record" drawings on file. ( 4) The local health officer shall require annual inspec- (2) The person responsible for the final construction tions of OSS serving food service establishments and may inspection shall: require pumping as needed. (a) Assure the OSS meets the approved design; and (5) The local health officer may require the owner ol (b) Direct the person responsible for final cover of the the OSS to: system to place a permanent marker at finished grade where (a) Use one or more of the following managemenl needed to identify the location of the septic tank's first methods or another method consistent with the followin~ manhole. management methods for proper operation and maintenance: (3) The designer or installer, as directed by the local (i) Obtain and comply with the conditions of a renew- health officer, upon completion of the OSS shall develop and able or operational permit; submit a complete and detailed, "as-built" or "record (ii) Employ a public entity eligible under Washingtor drawing" to both the health officer and the OSS owner that state statutes to, directly or indirectly, manage the OSS; or include: (iii) Employ a private management entity, guaranteed b) (a) For new OSS, measurements to existing site features a public entity eligible under Washington state statutes 01 enabling the first tank manhole to be easily located, and a sufficient financial resources, to manage the OSS; dimensioned reserve area; and (b) Evaluate any effects the OSS may have on grounc (b) For repaired or altered OSS, the new, repaired, or water or surface water; and/or altered components with their relationship to the existing (c) Dedicate easements for inspections, maintenance system. and potential future expansion of the OSS. (6) Persons may obtain a handbook with materia NEW SECTION outlining management methods to achieve proper operation WAC 246-272-15501 Operation and maintenance. maintenance, and monitoring of OSS from the departmen (I) The OSS owner is responsible for properly operating and one year after the effective date of this chapter. maintaining the OSS. and shall: (7) The local health officer may require installation o (a) Determine the level of solids and scum in the septic observation ports in each individual lateral or bed whicl tank once every three years: extend from the bottom of the gravel to the finished grade for monitoring OSS performance. Proposed [ 26] Washington State Register, Issue 93-21 WSR 93-21-062 NEW SECTION 3 The horizontal separation indicated is the distance between the disposal component and the surface water, well, or spring. If WAC 246-272-16501 Repair of failures. (I) When an the disposal component is up-gradient of a surface water, well, ass failure occurs, the oss owner shall: or spring to be used as a potable water source, the next higher (a) Repair or replace the OSS with a conforming system standard level of treatment shall apply unless treatment standard I is already being met. or a nonconforming repair either on the: 4 (i) Property served; or Mound systems are not allowed to meet treatment standard 2. (ii) Nearby or adjacent property if easements are (b) Protect drinking water sources; obtained; or (c) Prevent the direct discharge of sewage to ground (b) Connect the residence or facility to a: water, surface water, or upon the surface of the ground; (i) Publicly owned LOSS; or (d) Meet the horizontal separations under WAC 246- (ii) Privately owned LOSS where it is deemed economi- 272-09501(1) to public drinking water sources; cally feasible; or (e) Meet other requirements of this chapter to the (iii) Public sewer; or maximum extent permitted by the site; (c) Perform one of the following when requirements in (f) Maximize the: (a) or (b) of this subsection are not feasible: (i) Vertical separation; (i) Use a holding tank; or (ii) Distance from a well, spring, or suction line; and (ii) Obtain a National Pollution Discharge Elimination (iii) Distance to surface water. System or state discharge permit from the Washington state (5) The local health officer shall identify nonconforming department of ecology issued to a public entity or jointly to repair permits and describe on the permit the manner and a public entity and the system owner only when the local extent of ass nonconformance. health officer determines: (6) An OSS owner receiving a nonconforming repair (A) An OSS is not feasible; and permit from the local health officer shall: (B) The only realistic method of final disposal of treated (a) Record a copy of the permit, accompanying ease- effluent is discharge to the surface of the land or into surface ments, restrictive covenants, and declaration of covenants water; or with the county auditor; (iii) Abandon the property. (b) Immediately report any failure to the local health (2) Prior to replacing or repairing the effluent disposal officer; component, the OSS owner shall develop and submit (c) Monitor the performance of the OSS according to information required under WAC 246-272-09001(1). the "Interim Guidelines for the Application of Treatment (3) The local health officer shall permit a nonconform- Standards I & 2, using Alternative On-site Sewage Treat- ing repair only when: ment/Disposal Systems" amended August 4, 1992, (available (a) Installation of a conforming system is not possible; upon written request to the department of health) and report and the results to the local health officer at a minimum frequency (b) Connection to either an approved LOSS or a public of: sewer is not feasible. (i) Quarterly when treatment standard I is required; and ( 4) The person responsible for the design shall locate (ii) Annually when treatment standard 2 is required; and design nonconforming repairs to: (d) Comply with all local and state requirements (a) Meet the requirements of Table VI if the effluent stipulated on the permit. treatment and disposal component to be repaired or replaced is closer to any surface water, well, or spring that is not used NEW SECTION as a public water source as prescribed by the minimum separation required in Table I of WAC 246-272-09501 ( 1 ). WAC 246-272-17501 Expansions. The local health officer or department shall require a conforming system and a reserve area for an expansion of a residence or other TABLE VI facility. >QUIREMENTS FOR REPAIR OR REPLACEMENT OF DISPOSAL COMPONENTS NOT MEETING VERTICAL AND HORIZONTAL SEPARATIONS '·' NEW SECTION Ve;ti~al , a'a~iz~ntal -S~'parai ion in' F.e~t~ ·separation·, ; ,. WAC 246-272-18501 Abandonment. Persons in feet · '·< 25: · 25'-50. ~ .. >•50-100 .. : •.. permanently removing a septic tank, seepage pit, cesspool, Treatment or other sewage container from service shall: ~~=~~~~~tl Standard 1 Standard 2' ( 1) Have the septage removed by an approved pumper; Treatment Pressure Standard 1 Standard 2 Distribution (2) Remove or destroy the lid; and 1--~~~~-+-~~~~~1--~~~~--11 Treatment Pressure (3) Fill the void with soil. Standard 2' Distribution NEW SECTION The treatment standards refer to effluent quality before discharge WAC 246-272-19501 Septage management. (I) An to unsaturated, subsurface soil. individual shall be approved by the local health officer as a 2 The local health officer may permit ASTM C-33 sand to be used qualified pumper before removing septage from an OSS. as fill to prevent direct discharge of treated effluent to ground (2) Persons removing septage from an OSS shall: water, surface water, or upon the surface of the ground. [ 27] Proposed WSR 93-21-062 Washington State Register, Issue 93-21 (a) Transport septage or sewage only in vehicles clearly (A) Justifies the proposal through a written analysis of identified with the name of the business and approved by the the: local health officer; (I) Soil type and depth; (b) Record and report septage removal to the local (II) Area drainage, and/or lot drainage; health officer; (III) Public health impact on ground and surface water (c) Dispose of septage, or apply septage biosolids to quality; land only in a manner consistent with applicable laws. (IV) Setbacks from property lines, water supplies, etc.; (V) Source of domestic water; NEW SECTION (VI) Topography, geology, and ground cover; (VII) Climatic conditions; WAC 246-272-20501 Developments, subdivisions, (VIII) Availability of public sewers; and minimum land area requirements. ( 1) A person (IX) Activity or land use, present, and anticipated; proposing the development shall obtain approval from the (X) Growth patterns; local health officer prior to any development where the use (XI) Reserve areas for additional subsurface treatment of ass is proposed. and disposal; (2) The local health officer shall require the following (XII) Anticipated sewage volume; prior to approving any development: (XIII) Compliance with current planning and zoning (a) Site evaluations as required under WAC 246-272- requirements; . 11001, excluding subsections (3)(a)(i) and (4)(d); . (XIV) Possible use of alternative systems or designs; (b) Where a subdivision with individual wells 1s (XV) Existing encumbrances, such as listed in WAC proposed: 246-272-09001 (l)(c)(v) and 246-272-11001 (2)(a)(vii); and (i) Configuration of each lot to allow a one hundred-foot (XVI) Any other information required by the local radius water supply protection zone to fit within the lot lines; health officer. or (B) Shows development with public water supplies (ii) Establishment of a one hundred-foot protection zone having: around each existing and proposed well site; (I) At least twelve thousand five hundred square feet 101 (c) Where preliminary approval of a subdivision is sizes per single family residence; requested, provision of at least one soil l~g per p~o~osed l?t, (II) No more than 3.5 unit volumes of sewage per day unless the local health officer determines existing soils per acre for developments other than single family residenc- information allows fewer soil logs; es; and (d) Determination of the minimum lot size or minimum (C) Shows development with individual water supplie~ land area required for the development using Method I having at least one acre per unit volume of sewage; and and/or Method II: (D) Shows land area under surface water is not includec (i) METHOD I. Table VII, Sjngle Family Residence in the minimum land area calculation; and Minimum Lot Size or Minimum Land Area Required Per (e) Regardless of which method is used for determinin~ Unit Volume of Sewage, shows the minimum lot size required minimum lot sizes or minimum land area, submitta required per single family residence. For developments to the health officer of information consisting of field data other than single family residences, the minimum land areas plans, and reports supporting a conclusion the land are< shown are required for each unit volume of sewage. provided is sufficient to: (i) Install conforming OSS; TABLE VII MINIMUM LAND AREA REQUIREMENT (ii) Assure preservation of reserve areas for proposec SINGLE FAMILY RESIDENCE OR UNIT VOLUME OF SEWAGE and existing OSS; (iii) Properly treat and dispose of the sewage; and Type of Soil Type (defined by section 11001 of this Water Supply chapter) (iv) Minimize public health effects from the accumula· lA, lB 2A, 28 3 4 5 6 tion of contaminants in surface and ground water. 0.5 (3) The local health officer shall require lot areas o Public acre 1 12,500 ls·, ooo 18,000 20,000 22,000 twelve thousand five hundred square feet or larger excep 2.5 sq. acre 2 ft. when a person proposes: Individual, l acre 1 (a) OSS within the boundaries of a recognized sewe on each lot l ac:te 1 acre l acre 2 utility having a finalized assessment roll; or 2.5 acres 2 (b) A planned unit development with: (i) A signed, notarized, and recorded deed covenan Due to the highly permeable nature of type I soil, only alterna- restricting any development of lots or parcels above th1 tive systems which meet or exceed Treatment Standard 2 can be approved density with the density meeting the minimum lane installed. area requirements of subsection (2)(d) of this section; 2 A conventional gravity system in type I soil is only allowed if (ii) A public entity responsible for operation an< it is in compliance with all conditions listed under WAC 246- maintenance of the OSS. or a single individual owning th1 272-1150 I {2){h). One of these limiting conditions is a 2.5 acre OSS; minimum lot size. (iii) Management requirements under WAC 246-272 08001 when installing a LOSS: and (ii) METHOD II. A minimum land area proposal using Method II is acceptable only when the applicant: Proposed [ 281 Washington State Register, Issue 93-21 WSR 93-21-062 (iv) Extinguishment of the deed covenant and higher (i) Areas identified and delineated by the local board of density development allowed only when the development health in consultation with the department to address public connects to public sewers. health threat from on-site systems. (4) The local health officer may: (2) The permit issuing authority may impose more (a) Allow inclusion of the area to the centerline of a stringent requirements on new development and corrective road or street right-of-way in a Method II determination measures to protect public health upon existing developments under subsection (2)(d)(ii) of this section to be included in in areas of special concern, including: the minimum land area calculation if: (a) Additional location, design, and/or performance (i) The dedicated road or street right-of-ways are along standards for OSS; the perimeter of the development; (b) Larger land areas for new development; (ii) The road or street right-of-ways are dedicated as (c) Prohibition of development; part of the proposed development; and (d) Additional operation, maintenance, and monitoring (iii) Lots are at least twelve thousand five hundred of OSS performance; square feet in size. (e) Requirements to upgrade existing OSS; (b) Require detailed plot plans and OSS designs prior to (f) Requirements to abandon existing OSS; and final approval of subdivision proposals; (g) Monitoring of ground water or surface water quality. ( c) Require larger land areas or lot sizes to achieve (3) Within areas of special concern, to reduce risk of public health protection; system failures, a person approved or designated by the local (d) Prohibit development on individual lots within the health officer shall: boundaries of an approved subdivision if the proposed OSS (a) Inspect every OSS at least once every three years; design does not protect public health by meeting require- (b) Submit the following written information to both the ments of these regulations; and local health officer and the property owner within thirty days (e) Permit the installation of an OSS, where the mini- following the inspection: mum land area requirements or lot sizes cannot be met, only (i) Location of the tank; when all of the following criteria are met: (ii) Structural condition of the tank, including baffles; (i) The lot is registered as a legal lot of record created (iii) Depth of solids in tank; prior to the effective date of this chapter; (iv) Problems detected with any part of the system; (ii) The lot is outside an area of special concern where (v) Maintenance needed; minimum land area has been listed as a design parameter (vi) Maintenance provided at time of inspection; and necessary for public health protection; and (vii) Other information as required by the local health (iii) The proposed system meets all requirements of officer. these regulations other than minimum land area. ( c) Immediately report failures to the local health officer. NEW SECTION WAC 246-272-21501 Areas of special concern. (1) The local health officer may investigate and take appropriate WAC 246-272-22501 Certification of designers, action to minimize public health risk in formally designated installers, pumpers, inspectors, and maintenance person- areas such as: nel. Guidelines defining qualifications for designers, (a) Shellfish protection districts or shellfish growing installers, pumpers, inspectors and maintenance personnel areas; shall be established by the department. The guidelines shall (b) Sole Source Aquifers designated by the U.S. include, but not be limited to education, experience, testing, Environmental Protection Agency; and certification. (c) Areas with a critical recharging effect on aquifers used for potable water as designated under RCW 36.70A.170 NEW SECTION (Washington Growth Management Act); (d) Designated public water supply well head protection WAC 246-272-23501 Technical review committee. zones; The department shall: (e) Up-gradient areas directly influencing water recre- (1) Maintain a committee consisting of a maximum of ation facilities designated for swimming in natural waters nine individuals with technical or scientific knowledge with artificial boundaries within the waters as described by applicable to OSS whose purpose is to provide technical the Water Recreation Facilities Act, chapter 70.90 RCW; advice to the department; and (f) Areas designated by the department of ecology as (2) Select members for the technical review committee from: special protection areas under WAC 173-200-090, water quality standards for ground waters of the state of Washing- (a) Local health departments; ton; (b) Engineering firms; (g) Wetland areas under production of crops for human (c) The department of ecology; consumption: (d) Land sales, development and building industries; (h) Frequently flooded areas delineated by the Federal (e) Public sewer utilities; Emergency Management Agency; and (f) On-site sewage system design and installation firms; (g) Environmental organizations; (h) University/college academic communities; [ 29] Proposed WSR 93-21-062 Washington State Register, Issue 93-21 (i) On-site sewage system or related product manufac- (2) When a person violates the provisions under this turers; and chapter, the department, local health officer, local (j) Other interested organizations or groups. prosecutor's office, or office of the attorney general may (3) Convene meetings as needed. initiate enforcement or disciplinary actions, or any other legal proceeding authorized by law, including but not limited NEW SECTION to any one or a combination of the following: (a) Informal administrative conferences, convened at the WAC 246-272-24001 State advisory committee. The request of the department or owner, to explore facts and department shall: resolve problems; ( 1) Maintain an on-site sewage advisory committee to: (b) Orders directed to the owner and/or operator of the (a) Make recommendations concerning departmental policy and regulations; ass and/or person causing or responsible for the violation of the rules of chapter 246-272 WAC; (b) Review program services; and (c) Denial, suspension, modification, or revocation of (c) Provide input to the department regarding the on-site permits, approvals, or certification; and sewage program; (d) Civil or criminal action. (2) Select members from agencies, professions, organi- (3) Orders authorized under this section include the zations having knowledge and interest in OSS, and groups following: which are affected by the regulations; and (a) Orders requiring corrective measures necessary to (3) Convene meetings as needed. effect compliance with chapter 246-272 WAC which may include a compliance schedule; and NEW SECTION (b) Orders to stop work and/or refrain from using any WAC 246-272-25001 Waiver of state regulations. ass or portion of the oss or improvements to the ass ( 1) If concurrence is granted by the department, the local until all permits, certifications, and approvals required by health officer may grant a waiver from specific requirements rule or statute are obtained. in this chapter for ass under three thousand five hundred (4) Enforcement orders issued under this section shall: gallons per day only after the following procedure has been (a) Be in writing; completed: (b) Name the person or persons to whom the order is (a) The applicant submits a waiver application to the directed; local health officer, including justification describing how the (c) Briefly describe each action or inaction constituting requested waiver is consistent with purpose and objectives to a violation of the rules of chapter 246-272 WAC, or applica- meet the public health intent of this chapter; ble local code; (b) When the local health officer determines that the (d) Specify any required corrective action, if applicable; waiver is consistent with the standards in and the intent of (e) Specify the effective date of the order, with time or this chapter, the applicant forwards the completed waiver times of compliance; form, pertinent and supportive material, with required (f) Provide notice of the consequences of failure to departmental fee to the department; comply or repeated violation, as appropriate. Such notices (c) Upon review, the department returns the waiver may include a statement that continued or repeated violation application to the local health officer and a copy to the may subject the violator to: applicant, indicating that the department either concurs with (i) Denial, suspension, or revocation of a permit the waiver as requested, or conditionally concurs with the approval, or certification; and/or request, or states reasons for denying the request. (ii) Referral to the office of the county prosecutor or (2) The department may grant a waiver from specific attorney general; and/or requirements in this chapter for a LOSS if a person submits (iii) Other appropriate remedies; a completed departmental waiver application and required (g) Provide the name, business address, and phone fee to the department, including justification showing the number of an appropriate staff person who may be contacted requested waiver is consistent with the LOSS standards in regarding an order; this chapter, and is consistent with the purpose and objec- (h) Comply with chapters 43.70 and 34.05 RCW if tives of this chapter to assure public health protection. issued by the department. (3) If an applicant desires to modify and resubmit a (5) Enforcement orders shall be personally served in the previously denied waiver request, the process described manner of service of a summons in a civil action or in a above in subsection (1) of this section for ass under three manner showing proof of receipt. thousand five hundred gallons per day, or subsection (2) of (6) The department shall have cause to deny the this section for a LOSS shall be followed again. application or reapplication for an operational permit or to revoke, suspend, or modify a required operational permit of NEW SECTION any person who has: (a) Failed or refused to comply with the provisions of WAC 246-272-26001 Enforcement. (1) The depart- chapter 246-272 WAC, or any other statutory provision or ment or the local health officer: rule regulating the operation of an OSS; or (a) Shall enforce the rules of chapter 246-272 WAC; or (b) Obtained or attempted to obtain a permit or any (b) May refer cases within their jurisdiction to the local other required certificate or approval by misrepresentation. prosecutor's office or office of the attorney general, as (7) For the purposes of subsection (6) of this section appropriate. and WAC 246-272-2700 I, a person is defined to include: Proposed [ 30 l Washington State Register, Issue 93-21 WSR 93-21-062 (a) Applicant; WAC 246-272-100 Minimum land area require- (b) Re-applicant; ment. (c) Permit holder; or WAC 246-272-110 Determination of site character- (d) Any individual associated with (a), (b), or (c) of this istics. subsection including, but not limited to: WAC 246-272-120 Subdivision and individual site (i) Board members; review. (ii) Officers; WAC 246-272-130 Larger tract requirements. (iii) Managers; WAC 246-272-140 Location. (iv) Partners; WAC 246-272-150 Design. (v) Association members; WAC 246-272-160 Repair of failures along marine (vi) Agents; and in addition shorelines. (vii) Third persons acting with the knowledge of such WAC 246-272-170 Marine expansions. persons. WAC 246-272-180 Designer program. WAC 246-272-190 Inspection. NEW SECTION WAC 246-272-200 Appeals. WAC 246-272-210 Waiver of state regulations. WAC 246-272-27001 Notice of decision- Adjudicative proceeding. (I) All local boards of health WAC 246-272-220 Disposal of septic tank waste. shall: WAC 246-272-230 Installer requirements. (a) Maintain an administrative appeals process to WAC 246-272-240 State advisory committee. consider procedural and technical conflicts arising from the administration of local regulations; and (b) Establish rules for conducting hearings requested to WSR 93-21-063 contest a local health officer's actions. PROPOSED RULES (2) The department shall provide notice of a denial, DEPARTMENT OF LICENSING suspension, modification or revocation of a permit, certifica- [Filed October 19, 1993, 1:18 p.m.] tion, or approval consistent with RCW 43. 70.115, chapter Original Notice. 34.05 RCW, and chapter 246-10 WAC. Title of Rule: Amending WAC 308-I 28A-020 Organi- (3) A person contesting a departmental decision regard- zation, 308- I 28A-030 Meeting notice, 308-128A-040 ing a permit, certificate, approval, or fine may file a written Definitions, 308-128C-040 Change of office location, 308- application for an adjudicative proceeding consistent with 128C-050 Deceptive names prohibited, 308-128D-010 chapter 246-10 WAC. Designated escrow officer responsibilities, 308-1280-030 (4) Department actions are governed under the Adminis- Accuracy and accessibility records, 308- I 28D-040 Agree- trative Procedure Act, chapter 34.05 RCW, RCW 43.70.115, ments and closings, 308-l 28D-070 Suit or complaint this chapter, and chapter 246-10 WAC. notification, 308-128E-Ol I Administration of funds held in trust, and 308- I 28F-020 Errors and omissions policy. NEW SECTION Purpose: These changes are necessary to reflect WAC 246-272-28001 Severability. If any provision organizational changes in the Department of Licensing, and of this chapter or its application to any person or circum- to reflect changes in both the escrow and banking industry stances is held invalid, the remainder of this chapter, or the so that our rules reflect current standard practice in the application of the provision to other persons or circumsta.nc- industries. es shall not be affected. Statutory Authority for Adoption: RCW 18.44.320. Statute Being Implemented: RCW 18.44.010, REPEALER [18.44].020, [18.44].050, [18.44].067, [18.44].070, and [18.44].260. The following sections of the Washington Administra- Summary: Changes to reflect the escrow program as tive Code are repealed: being a separate entity from the real estate program; an WAC 246-272-001 Authority. added definition of unclaimed funds; a change relating to the WAC 246-272-002 Purpose and objectives. issuance of a certificate under a deceptive name; and WAC 246-272-005 Administration. changes relating to escrow office and branch office proce- WAC 246-272-010 Definitions. dures. WAC 246-272-020 Local regulation. Reasons Supporting Proposal: These changes are WAC 246-272-030 Applicability. necessary to reflect changes in departmental organization and WAC 246-272-040 Alternative systems. industry practice. WAC 246-272-050 Experimental systems. Name of Agency Personnel Responsible for Drafting, WAC 246-272-060 No surface discharge. Implementation and Enforcement: Bob Mitchell, 2424 WAC 246-272-070 Connection to public sewer Bristol Court, Olympia, 98504, 586-6102. system. Name of Proponent: [Department of Licensing], WAC 246-272-080 Larger on-site sewage systems. governmental. WAC 246-272-090 Permit. Rule is not necessitated by federal law, federal or state court decision. [ 31 J Proposed WSR 93-21-063 Washington State Register, Issue 93-21 Explanation of Rule, its Purpose, and Anticipated request to the ((p))£rogram ((ffi))Manager, Escrow Program Effects: The changes to WAC 308-l 28A-020 and 308- Department of Licensing, P.O. Box 9015 Olympia, w, 128A-030 simply reflect a change in program organization. 98507 ((of real estate/eserov1 tJrogram maHagemeHt)). WAC 308- l 28A-040 provides a definition of unclaimed funds, and WAC 308- l 28C-040 designates that branch Reviser's note: The above section, filed by the agency as a1 offices must have their address on file prior to engaging in amendment of WAC 1308-128A-030, appears to be an amendment of WAC 308-128A-030, there being no WAC 1308-128A-030 in existence. Pursuan business. WAC 308-128C-050 clarifies that the director has to RCW 34.08.040, the section is published in the same form a~ filed by th discretion in prohibiting deceptive names. The remainder of agency. the changes update rules so that they reflect current industry practice and allow designated escrow officers to conduct AMENDATORY SECTION (Amending Order PM 763, filec their business in conformity with bank practices. 9/9/88) Proposal Changes the Following Existing Rules: Allows designated escrow officers to sign a statement of responsibil- WAC 308-128A-040 Definitions. (1) The terms anc definitions used in chapter 18.44 RCW have the sam1 ity and correctness for trust accounts in addition to the meanings given therein when used in these rules. designated escrow officer; reduces the amount of time (2) "Closing" means the transfer of title of real o records must be stored in site, and allows for magnetic storage and requires escrow agents to provide a copy of a personal property or execution of a real estate contrac whichever event occurs first. final closing statement to each real estate broker involved in a transaction. WAC 308-l 28D-070 limits the type of civil (3) "Transfer of title" occurs at the time seller acknowl judgments which a licensee needs to inform the department edges a deed or executes a bill of sale and such is deliverec of. to the purchaser or recorded. No small business economic impact statement is (4) "Cash deposit" means funds deposited, in lieu of ar required for this proposal by chapter 19.85 RCW. errors and omissions policy, in an account in a recognizec Hearing Location: Homecourt All-Suite Hotel, 6329 Washington state depository which account is maintainec South 2 l 2th Street, Kent, WA 98032, on December 13, separate and apart from the escrow agent's own funds. Thi funds shall be deposited in such a manner to permit only tht 1993, at 9:00 a.m. director to withdraw from the principal amount. The escro\I Submit Written Comments to: Bob Mitchell, Escrow agent may withdraw any interest accumulated to the account Program, P.O. Box 9015, Olympia, WA 98507-9015, by December 9, 1993, 5:00 p.m. (5) "Securities" means any stock, treasury bill, bond Date of Intended Adoption: January 17, 1994. debenture or collateral-trust certificate tendered in lieu of ar October 19, 1993 errors and omissions policy. It does not mean or includ1 Martin E. Wyckoff any insurance or endowment policy, annuity contract or lette1 Assistant Attorney General of credit. (6) "Unclaimed Funds" are those funds for which tht rightful owner is unknown, or the location of payee i~ AMENDATORY SECTION (Amending Order PM 763, filed unknown, or staledated checks which have not been cashed 9/9/88) WAC 308-128A-020 Organization. The ((feftl. AMENDATORY SECTION (Amending Order PM 763, fil~ esfftte.l))escrow program ((ffiBHBgemeflt of the Bl:ISifleSS Bfld 9/9/88) fJFOfessioHs admiHistratioH)) of the department of licensing WAC 308-128C-040 Change of office location. Tht administers the Washington Escrow Agent Registration Act, escrow agent shall notify the department of any change 01 chapter 18.44 RCW. The escrow commission, composed of the director of the department of licensing and five board location or mailing address of the agent's office or brand members, appointed by the governor, approve examination office prior to engaging in business at the new location 01 questions for license applicants, act in an advisory capacity address. Notification shall be made by filing a change 01 to the director in the activities of escrow agents and escrow address application with the department, accompanied by al officers and perform such other duties and functions as licenses issued to the former address or location, and al prescribed by chapter 18.44 RCW. Information regarding applicable fees. escrow licenses, the escrow commission or the ((reel estate/)) escrow program ((maHagemeHt)) may be obtained by writing AMENDATORY SECTION (Amending Order PM 76< [763], filed 9/9/88) to the Program Manager, ((Real Estate/))Escrow Program ((MaHagemeHt)), Department of Licensing, P.O. Box 9015 WAC 308-128C-OSO Deceptive names prohibited. A ((99-l-~)), Olympia, Washington 98507 ((~)). -- the discretion of the director or the director's designat~ ((The offiee of the real estate/eserow tJrO"ram mafl!l"e representative, ((A-))!!.n escrow agent may not be issued , • b meHt 1s loeated at 1300 Q1:1iHee Street, Ol)'ffltJia, WashiHg certificate nor advertise in any manner using names or trade teir.)) styles which are similar to currently issued certificates 01 imply that the agent is a nonprofit organization, researd AMENDATORY SECTION (Amending Order PM 763, filed organization, public bureau or public group, are otherwise 9/9/88) deceptive, or which uses or makes reference to the existence of financial responsibility. A bona fide franchisee may bt WAC 1308-128A-030 Meeting notice. Individuals issued a certificate using the name of the franchisor with the desiring to be informed as to date, time, place and agenda of firm name of the franchisee. the escrow commission meetings must make a written Proposed [ 32 J Washington State Register, Issue 93-21 WSR 93-21-063 Reviser's note: The bracketed material preceding the section above the retrieval process does not permit modification of the was supplied by the code reviser's office. documents. Retrieval process is defined as the on site ability to view and print the document in its original form. The Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published escrow agent must have in their records a statement signed above varies from its predecessor in certain respects not indicated by the use by the supplier of the system that the program does not of these markings. permit the user to modify a document after it has been stored on the media. AMENDATORY SECTION (Amending Order PM 763, filed 9/9/88) AMENDATORY SECTION (Amending Order PM 790, filed 11/14/88) WAC 308-128D-010 Designated escrow officer responsibilities. The designated escrow officer shall be WAC 308-128D-040 Agreements and closings. The responsible for the custody, safety, and correctness of entries escrow agent shall be responsible for the effecting and of all required escrow records. The escrow officer retains closing of escrow agreements between the principal parties. this responsibility even though another person or persons The agent shall as a minimum: may be assigned by the escrow officer the duties of prepara- ( 1) Prepare or accept an instrument of escrow instruc- tion, custody, recording or disbursing. tions among each principal and the agent based upon a The branch escrow officer shall bear responsibilities for written agreement signed by the principals. The escrow the custody, safety and correctness of entries of al 1 transac- instructions shall not be modified except by written agree- tions at the branch office. ment signed by the principals and accepted by the agent. Prior to issuing a new certificate reflecting a change of The agent shall disclose in writing to the parties to the the designated escrow officer or branch designated escrow transaction when a profit, or the potential for a profit on fees officer of a registered escrow agent, ((the ageHt FHt:tst and services provided may be realized by the escrow agent. ~)) evidence must be submitted that the responsibility Justifiable costs for fees and services related to the transac- for preexisting escrows is transferred to the incoming tion may include, but not be limited to courier fees, credit designated escrow officer, or incoming branch designated reports, postage, fax services, and copying of documents. A escrow officer. Such evidence ((FHay take either of the copy of the disclosure shall be maintained in the transaction followiHg forFHs:)) shall be file. ((flt)) ((A)) ~ statement signed by both the outgoing -- (2) Require an addendum to the purchase agreement for designated escrow officer and the incoming designated any and all material changes in the terms of the transaction, escrow officer listing all outstanding trust liabilities and including but not limited to, changes in the financing of the certifying that funds in hand in the trust account maintained transaction. by the agent are adequate to meet all such trust liabilities. (3) Provide the services and perform all acts pursuant to At the discretion of the designated escrow officer the the escrow instructions. . · outgoing and incoming branch designated escrow officers (4) Provide a complete detailed closing statement as it may sign the statement. · applies to each principal at the time the transaction is closed. ( (2) AH a1 1Elit, 13erfoFFHeEI at the req1 1est of, aHEI at the The agent shall retain a copy of all closing statements, even e)(13eHse of, the eserow ageHt ey the a1:1Elit staff of the though funds are not handled by the agent, in the transaction Ele13artFHeHt. The iHeoFHiHg ElesigHateEI eserow offieer shall file. The closing statements shall show: HOt ee EleeFHeEI FeSf30HSiele for aH)' EliserepaHC)' iEleHtifieEI (a) The date of closing. E11 1ri Hg s1 1eh a1 1Elit.)) (b) The total purchase price. (c) An itemization of all adjustments, monies or things Reviser's note: RCW 34.05.395 requires the use of underlining and of value received or paid. deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use (d) To whom each item is debited and/or credited. of these markings. (e) Date each adjustment was made. (f) Names of payees, makers and assignees of all notes AMENDATORY SECTION (Amending Order PM 763, filed paid, made or assumed. 9/9/88) (g) Pay the net proceeds of sale directly to the seller unless otherwise provided in writing by the seller or a court WAC 308-128D-030 Accuracy and accessibility of of competent jurisdiction. records. ill All records shall be accurate, posted and kept (h) Obtain original signatures of the principals on either up to date. All records shall be kept at an address where the the preliminary or final closing statement and maintain a escrow agent is licensed to maintain an escrow office. Such copy of the signed closing statement in the transaction file. records shall be retained and available for inspection by the (5) The escrow agent shall provide a copy of the final department for a minimum of six years: Provided, however, closing statement to each real estate broker involved with the That records of transactions closed or completed for((~)) transaction. one year((~)) or more may be stored at a remote location. If the records are stored at a remote location, the records shall AMENDATORY SECTION (Amending Order PM 763, filed be available upon demand of the department and maintained 9/9/88) in a manner to be readily retrievable. (2) Upon closing, transaction records may be stored on WAC 308-128D-070 Suit or complaint notification. magnetic media; such as optical disk or microfilm, provided Every escrow agent and escrow officer shall, within twenty days after service or knowledge thereof, notify the depart- [ TI] ~~~ WSR 93-21-063 Washington State Register, Issue 93-21 ment of ( ( aHy st1it, esfflf)laiHt, est1HteFelaiffl Sf ernss esffl officer, branch designated escrow officers may be delegated viaiHt sened SF filed iH aHy est1ft sf esfflf)eteHt jt1FisdietisH, signature authority for trust bank accounts at their branch. eiYil Sf eFimiHal, iH whieh the ageHt, esefsw sffieef, Sf (4) All funds received for any reason pertaining to ar efflf>lsyee thefesf is Haff!ed as a defeHdeHt; aHd iH whieh the escrow transaction or collection account shall be deposited st1bjeet fflattef iHvslves aHy esefsw SF et1siHess aeti•t"ity sf in the escrow agents trust bank account(s) not later than the the defeHdaHts theFeiH Haff!ed.)) the following: first banking day following receipt thereof except fund5 (I) Any criminal compliant, information, indictment, or owned exclusively by the agent. conviction (including a plea of guilty or nolo contendere) in (5) All funds received shall be identified by the da) which the licensee is named as a defendant. received and by the amount, source, and purpose on eithe1 (2) Entry of a civil court order, verdict, or judgment, a cash receipts journal or duplicate receipt which shall be against the licensee in any court of competent jurisdiction in retained as a permanent record. which the subject matter therein involves any escrow or (6) All deposits to the trust bank account(s) shall be business related activity by the licensee. Notification is documented by a duplicate bank deposit slip, validated b) required regardless of any pending appeal. bank imprint or attached deposit receipt which shall bear the signature of the authorized representative of the agen1 Reviser's note: The typographical error in the above section occurred indicating that the funds were actually deposited into the in the copy filed by the agency and appears in the Register pursuant to the proper trust bank account. Receipt of funds by wire transfei requirements of RCW 34.08.040. are to be posted in the same manner as other receipts anc AMENDATORY SECTION (Amending Order PM 825, filed there shall be a traceable identifying name or numbe1 supplied by the financial institution or transferring entity 3/l/89 [3/21/89]) The agent must also make arrangements for a follow-u~ WAC 308-128E-011 Administration of funds held in "hard copy" receipt for the deposit. trust. The designated escrow officer or branch designated (7) An individual client's ledger sheet shall be es tab· escrow officer on behalf of the escrow agent shall be lished and maintained for each escrow transaction for whid responsible for all funds received from any principal or any funds are received in trust and to which all receipts anc party to an escrow transaction or escrow collection account disbursements shall be posted. and shall hold the funds in trust for the purposes of the (a) Credit entries must show the date of deposit or win transaction or agreement and shall not utilize such funds for transfer, amount, and name of remitter. the benefit of the agent or any person not entitled to such (b) Debit entries must show the date of check, ched benefit. The escrow agent shall establish a trust bank number, amount of check, and name of payee. account(s) in a recognized Washington state depository. The (8) The reconciled trust bank account(s) must equal a· escrow agent is responsible for depositing, holding, disburs- all times the outstanding trust liability to clients. The ing, and accounting for funds in trust as provided herein. outstanding trust liability to clients must equal the tria (1) The trust bank account(s) shall be designated as a balance of all escrows with undisbursed balances. trust account in the name of the escrow agent as certified. (9) The agent shall be responsible for preparation of < Trust bank accounts shall be noninterest bearing demand monthly trial balance of the client's ledger, reconciling the deposit accounts except as follows: ledger with both the trust account bank statement and the (a) Interest-bearing trust bank accounts or dividend trust account receipts and disbursement records. The earning investment accounts containing funds pertaining to reconciliation will be signed by the designated escrow office1 an individual escrow transaction or escrow collection account or branch designated escrow officer. Such reconciliation: may be established by the agent if directed by written are to be retained as permanent records. agreement signed by the principals to the transaction and (I 0) All disbursement of trust funds shall be made b) specifying the manner of distribution of accumulated interest check, drawn on the trust bank account, and identified on tht to the parties to the transaction. check as pertaining to a specific escrow transaction 01 (b) Interest-bearing trust bank accounts or dividend- collection account except as provided in (a) through (e) o: earning investment accounts containing only funds held on this subsection. The number of each check, amount, date behalf of an owner, vendor, lessor, etc., involving escrow payee, and the specific client's ledger sheet debited must bt collections may be established by the agent when directed by shown in the cash register or cash disbursement journal anc written agreement or directive signed by the principals: all data must agree exactly with the check as written. Provided, That all "interest or earnings shall accrue to the (a) No disbursement from the trust account shall bt principals as directed in the agreement. made based upon wire transfer receipt until the deposit ha! (2) The agent shall establish and maintain a system of been verified. records and procedures as provided in this section. Any (b) The escrow agent must make arrangements with th1 alternative records or procedures proposed for use by the financial institution in which the trust bank account i: escrow agent shall be approved in advance by the depart- located to provide a follow-up "hard copy" debit mem< ment. when funds are disbursed via wire transfer. (3) The agent is responsible for the disbursement of all (c) The escrow agent shall retain in the transaction filt funds received and held in trust, whether disbursed by a copy of instructions signed by the owner of funds to be personal signature, signature plate, or signature of another wire-transferred which identifies the receiving entity anc person authorized to act on the agent's behalf. The designat- account number. ed escrow officer must have signatory authority on all trust (d) Transfers between closing escrows may be made b~ bank accounts. At the discretion of the designated escrow ledger entries alone provided a transfer form is used contain Proposed [ 34] Washington State Register, Issue 93-21 WSR 93-21-063 ing the date of the transfer, the amount of the funds being to the trust bank accounts charged to the regular business transferred, the identity of the escrow accounts being debited bank account, or to provide a separate statement of bank and credited, and the signature of the person authorized to charges so that they may be paid from the agents regular sign checks on the escrow bank account. Intra-bank debit business bank account; memo transfer forms may be used only where the escrow (f) For preauthorization of payments by the financial accounts involved in the transfer are closed through the same institution for recurring expenses such as mortgage payments bank account. The authorization for the transfer must be on behalf of the owner if the account contains tenant security placed in each escrow file involved. deposits or funds belonging to more than one client; (e) Transfers between collection escrows of a recurring (g) Of funds received as a damage or security deposit nature must be authorized by standing instructions on file involving a lease or rental contract, to the property owner or from the appropriate parties. to any person(s) without the written authority of the lessee. ( 11) Voided checks written on the trust bank account Such funds are to be held until the end of the tenancy when shall be permanently defaced and shall be retained. they are to be disbursed to the person(s) entitled to the funds (12)(a) ({A separate eheek shall Be erawR OR the trust as provided by the terms of the rental or lease agreement and seRk eeeottRt peyesle to the eserov.· ageRt es eertifiee, for consistent with the provisions of RCW 59.18.270, Residen- eeeh eserow fee e!lfflee es set forth iR the eserow iRsffi:tetioRs tial Landlord-Tenant Act, or other appropriate statute. or settlemeRt stetemeRt ttpoR the elosiRg of the eserow (h) If the financial institutions automated system does trnRseetioR. Eaeh eheek for eserow fees shall be ieeRtifiee not have the ability to charge fees to another account, or to the trnRsaetioR to whiek it applies.)) A separate check does not provide a separate statement for the service fees as shall be drawn on the trust bank account payable to the required by paragraph ( 14)(e) of this sub-section, and the escrow agent for escrow and service fees for which the account is debited for service fees, the escrow agent shall escrow agent is authorized payment therefor as provided in deposit within one banking day after receipt of notice funds the escrow instructions. All such fees relating to the from the general business or other non-trust account to cover transaction may be withdrawn by a single check provided the service fee charged. such check is supported by an itemization of the charges on (15) The provisions of this section are applicable to the closing or settlement statement. Each check shall bear manual or computerized accounting systems. For clarity, the the escrow or transaction number. following is addressed for computer systems: (b) Collection account fees may be withdrawn by a (a) The system must provide for a capability to back-up single check provided such check is supported by a schedule all data files; of fees identified to each individual account. Such fees shall (b) Receipt and check registers will be printed at least be withdrawn at least once monthly or as provided in the once monthly and retained as a permanent record. Reconcil- collection contract agreement if the fees are payable for a iation and trial balance will be accomplished at least once greater term than monthly. monthly, printed and retained as a permanent record; (13) No deposits to the trust bank accounts shall be (c) The escrow agent will maintain a printed, dated made of funds that do not pertain to an escrow transaction source document file to support any changes to existing or not received in connection with an escrow collection accounting records; account, or that belong to the agent, including fees to "open" (d) If the program has the ability to write checks, the the bank account or to keep the account from being closed. check number must be preprinted on the check or retained ( 14) No disbursement from the trust bank account shall voucher copy by the supplier (printer). The program may be made: assign suffixes or subaccount codes before or after the check (a) For items not pertaining to a specific escrow number for identification purposes; transaction or escrow collection account; (e) The check number must appear in the magnetic (b) In advance of the closing of an escrow transaction, coding which also identifies the account number for readabil- or before the happening of a condition set forth in the ity by the financial institution computer; escrow instructions, to any person or for any reason without (f) All checks written must be included within the a written release from all principals of the escrow transaction computer accounting system. or collection account, except that if the earnest money (16) Unclaimed funds are governed by the Uniform agreement terminates according to its own terms prior to Unclaimed Property Act of 1983, Chapter 63.29 RCW. If closing, disbursement of earnest money funds shall be made the agent has funds classified as unclaimed, the designated as provided by the earnest money agreement without a escrow officer or branch designated escrow officer shall written release unless the funds are handled as provided in contact the Department of Revenue for disposition instruc- WAC 308-128D-060; tions. The agent shall maintain a record of the correspon- (c) Pertaining to a specific escrow transaction or dence relating to unclaimed funds for a period of five years. collection account in excess of the actual amount held in the trust bank account in connection with such account; Reviser's note: RCW 34.05.395 requires the use of underlining and (d) In payment of a fee owed to any employee of an deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use agent or in payment of any business expense of the agent. of these markings. Payment of fees to employees of an agent or of any business expense of the agent shall be paid from the regular business Reviser's note: The bracketed material preceding the section above bank account of the agent; was supplied by the code reviser's office. (e) For bank charges of any nature. Arrangements must be made with the bank to have any such charges applicable [ 35] Proposed WSR 93-21-063 Washington State Register, Issue 93-21 AMENDATORY SECTION (Amending Order PM 763, filed Date of Intended Adoption: December 16, 1993. 9/9/88) Barbara Patterson WAC 308-128F-020 Errors and omissions policy. Each certificated escrow agent shall obtain and keep in effect AMENDATORY SECTION (Amending Resolution No. 82- 4-1, filed 4/28/82) an errors and omissions policy providing coverage in the minimum aggregate amount of $50,000 or, alternatively, WAC 132Y-125-004 Disciplinary procedures. cash deposit or securities in the principal amount of $50,000. Enrollment in Edmonds Community College carries with it Securities used ((ffl.)) ~ alternative to an errors and the obligation that the student will be a responsible citizen omissions policy shall be ph)·sieally effectively delivered to of the college. At the same time the college has the respon- the director.((, 6epartme1H ef lieeAsiAg,)) For the purpose of sibility of informing students of their rights and responsibili- fulfilling the requirements of chapter 18.44 RCW and these ties, defining reasonable standards of behavior, and assuring rules((.,-)), the escrow agent shall ececute an irrevocable substantive and procedural due process. assignment and any supporting documentation as required by The following ((seetieA estaelishes a preee61:1re fer)) the director. Securities which are stocks or other interest in procedures apply to the administration of disciplinary action the registered escrow agency are not acceptable securities for for nonacademic violations. the purposes of fulfilling the requirements of chapter 18.44 ((Mest aiseipliAary pFeeeeaiAgs will ee eeASl:letea RCW and these rules. iAfermally eet·..,.eefl the st1 16eflt aAa the aeafl fer st1 16eflt sen·iees er the aeaR' s aesigRee. IA seme eases, at the Reviser's note: The spelling error in the above section occurred in aiseretieR ef the aeafl er the Stl ISeflt, fefffla) preeea1 1res may the copy filed by the agency and appears in the Register pursuant to the Be iRYekea.)) requirements of RCW 34.08.040. (I) Responsibility. The dean ((fer)) of student services Reviser's note: The typographical error in the above section occurred is the executive officer of the college with regard to student in the copy filed by the agency and appears in the Register pursuant to the affairs, including disciplineJ. and shall initiate all disciplinary requirements of RCW 34.08.040. procedures((. The aeafl is respeAsiele fer assemeliRg faets eR eases referred te her/his effiee, makiAg previsieAs fer s1:1itaele heariAgs, eeR1t'eAiAg the eellege EliseipliAe eemmittee wheA it is ref11 1esteEI, AetifyiAg st1 1EleAts aREl ethers eeA WSR 93-21-065 eerRea, keepiAg eeRfiaeAtial files aAa reperts eA eases, PROPOSED RULES EDMONDS COMMUNITY COLLEGE felle• ... ·iAg 1 113 eaeh aiseipliAe ease 1 1Atil it is elesea, aAEl [Filed October 19, 1993, 2:07 p.m.) aestreyiflg 01:1t ef sate files 0fl aiseipliRe eases)) except those which result from civil rights violations. Discipline as a Original Notice. result of civil rights violations shall be initiated by the vice- Title of Rule: Student discipline. president of human resources, the executive officer of the Purpose: To provide a process for dealing with student college with responsibility for civil rights compliance. disciplinary actions. Hereafter, wherever this policy refers to the dean of student Statutory Authority for Adoption: RCW 28B.50.140. services, the vice-president of human resources should be Summary: This rule defines students' rights and substituted if the charge is a civil rights violation. responsibilities and reasonable standards of behavior and (2) Guidelines for student conduct. The following are provides for substantive and procedural due process in guidelines for acceptable student conduct. A student disciplinary actions. enrolling in the college assumes a responsibility for conduct Reasons Supporting Proposal: This rule is being compatible with the college's function as an educational amended to update and clarify the current rule by adding institution. Although Edmonds Community College is additional requirements and behavior standards and clarifying dedicated to an open, free society, there are some actions the notice and hearing processes. incompatible with the mission of an institution of higher Name of Agency Personnel Responsible for Drafting: education. Barbara Patterson, NCA, 640-1535; Implementation and Grounds for disciplinary action shall include, but not be Enforcement: George Smith, LYN 142, 640-1668. limited to, the following: Name of Proponent: Edmonds Community College, (a) Dishonesty, including, but not limited to, cheating, public. plagiarism, or knowingly furnishing false information to the Rule is not necessitated by federal law, federal or state college. court decision. (b) Forgery, alteration, or misuse of college documents, Proposal Changes the Following Existing Rules: Adds records, or identification. procedure for civil rights violations. Changes the prehearing (c) Obstruction or disruption of teaching, institutional or and hearing processes. instructional research, administration of the college, disci- No small business economic impact statement is plinary procedures, or other college activities, including but required for this proposal by chapter 19.85 RCW. not limited to, meetings of the board of trustees, community Hearing Location: Triton Union Building, Room 200, service functions, or other authorized activities on college on December 1, 1993, at 1 :30 p.m. premises. Submit Written Comments to: Barbara Patterson, by (d) Physical and/or verbal abuse of any person on December 1, 1993. college-owned or controlled property or at college-sponsored or supervised functions or conduct which threatens or Proposed [ 36] Washington State Register, Issue 93-21 WSR 93-21-065 endangers the health or safety of any such person; assault eeHsidered flltFt of It stttdeHt' s vermaHeHt reeords at the and battery; harassment. eellege. ( e) Theft of or damage to property of the college or of ~)) Initiation of disciplinary action. Anyone may a member of the college community or of a visitor to the report, orally or in writing, violations to the dean of student campus. services, or designee, who may initiate disciplinary proce- (f) Unauthorized entry or occupancy of college facilities dures. or blocking access to or egress from such areas. (a) Notice. The student shall be informed of the (g) Unauthorized use of college supplies or equipment. provisions of the code of student rights and responsibilities. (h) Violation of college policies or ((ef e11m1n1s)) Any student charged with a violation shall receive written regulations, including, but not limited to, ((e11mfJ1:1s)) regula- notice delivered to the student personally or by registered or tions concerning student organizations, the use of college certified mail to the student's last known address no later facilities, or the time, place and manner of public expression. then fifteen business days after a reported violation. (This (i) Illegal use, possession, or distribution of drugs on notice will not be ineffective if presented later due to the campus or at any college-sponsored event, or appearance on student's absence.) This notice shall contain: campus or at any college-sponsored event while under the (i) The time, date, place, and nature of the alleged influence of illegally used drugs as described in the college's misconduct; alcohol and drug policy. (ii) Specific provisions of any policies or regulations G) Use, possession or distribution of alcoholic beverages allegedly violated; on college property or appearance on campus or at any (iii) The time and date the student is required to meet college-sponsored event while under the influence of alcohol. with the dean of student services, or designee; Use or possession of alcoholic beverages at any college (iv) That anything the student says at the meeting with event shall be by approved permit and restricted to persons the dean, or designee, may be used against the student; of legal age as described in the college's alcohol and drug (v) Inform the student that failure to appear may subject .P2!.ify. the student to any sanction authorized by this code . (k) Disorderly conduct; lewd, indecem, or obscene (b) Meeting with the dean of student services, or conduct or expression; breach of the peace; or aiding, designee. abetting, or procuring another to breach the peace on (i) After considering the initial evidence and interview- college-owned or controlled property or at college-sponsored ing the student or students involved, the dean of student or supervised functions. services, or designee, may take any of the following actions: (I) Failure to comply with directions of college officials Impose the sanction of written reprimand; exonerate a acting in the performance of their duties. student or students; refer the case to a hearing before the (m) Illegal possession or use of firearms, possession of president; or dismiss the case (after whatever counseling or explosives, dangerous chemicals, substances or instruments advice may be appropriate). or other weapons which can be used to inflict bodily harm (ii) Dean's decision notice: The student shall receive on any individual or damage upon a building or grounds of written notice of the dean's decision, as well as a summary the college or college-owned or controlled property or at of the evidence and notice of the right to appeal within ten college-sponsored or supervised functions ((·uithettt v.·ritteR days to the president. 11tttheriz11tieR)). (iii) Action taken by or at the recommendation of the ((fet)) l!!l Hazing, whether it is physical or verbal, dean of student services, or designee, within the provisions which interferes with the personal liberty of a fellow student, of this section is final unless the student appeals. faculty member, or employee of the college. (iv) All recommendations involving suspension, dismiss- (o) Acts or behaviors which discriminate against staff, al, or expulsion other than summary suspension will be students or the public on the basis of race, ethnic origin, sex, referred to the college president, or designee. age, sexual orientation, or disability as described in-the (4) Hearing with the president. college's human rights policies. (a) The student shall be given written notice of the time, (p) Trespass or unauthorized presence through entering date, and location of the hearing and the specific charges or remaining unlawfully, as defined by state law, including against the student. The student shall be accorded reason- computer trespass or using college premises, facilities or able access to the case file, which will be retained by the property without authority. dean of student services, or designee. (3) ( (DiseiplieeFy meesHFes e,·eilehle ta eefaFee (b) The student may be represented by counsel of the steedeFds af stHdeet eeedHet. student's own choosing provided that the student shall bear (11) RepFimeed. A revrimitRd serves te vlaee eR reeerd the cost and shall give three days' notice thereof to the dean that 11 stttdeRt' s eeRdttet iR 11 sveeifie iRstaHee dees Ret meet of student services, or designee. the st11Hd11rds eJttieeted at the eellege. A verseR reeeiYiRg 11 (c) The college may be represented by the dean of retJrimitRd is Ratified iR writiHg ey the dellH fer StttdeRt student services, or designee, including an assistant attorney serviees thitt this senes as 11 '+YllfRiHg thitt eeHtiHtted eeHdttet general. ef the tyve deserieed iH the retirimaHd may resttlt iH fermal (d) A decision shall be made prior to the hearing aetieH 11g1tiHst the stttdeHt. S/he is fttrther iHfermed that whether or not the hearing will be tape recorded or tran- reeerds ef revrimaHds are eeHfideHtiitl vreverty ef EdmeHds scribed. If a recording or transcription is made, a copy CemmttHity Cellege 11Hd itre destreyed t· ... ·e years itfter the thereof shall be on file at the office of the dean of student litst eHtr~· has eeeH made eeHeerRiHg 11Hy diseitiliH~' aetieH services. If a recording or transcription is not made, the 11g11iHst llH iHdi'+·idttitl stttdeHt, llHd that stteh reeerds are Het [ 37 J Proposed WSR 93-21-065 Washington State Register, Issue 93-21 decision of the president or designee shall include a summa- express purpose of ((FF1eetiRg with fae1 1lty, staff, or st1 1deRts ry of the testimony. ffl.)) preparation for the hearing. (e) The president, or designee, shall exercise control ((fi-H+)) If the dean ((fur)) of student services.!. or over the hearing to avoid needless consumption of time and designeei finds it necessary to exercise the authority to to prevent the harassment or intimidation of witnesses. summarily suspend a student s/he shall: (Q Hearings will be closed to the public, except for the ((ft\t)) ill Give an oral or written notice of the alleged dean and/or designee, immediate members of the student's misconduct and violation(s) of any provision of the guideline family, witnesses, and the student's representative. An open for student conduct; hearing may be held, at the discretion of the president, if ((f&t)) @ Give an oral or written explanation of the requested by the student. The president may choose whether evidence in support of the charge(s) to the student; or not to let witnesses remain for any part of the hearing ((-fGt)) (iii) Give an oral or written explanation of the which does not include their testimony. ((eorreetiYe eetioR or p1:1RishFF1eRt)) summary suspension (up (g) The dean of student services, or designee, shall to a maximum of ten academic calendar days suspension) make the first presentation. In the event witnesses are which may be imposed ((t~)) Q!! the student; called, they may be questioned by the student or student's (((D) Notify the st1:1deRt that slke FFIB)' either eeeept the representative. diseipliRery eetioR or, withiR fort ,· eight ho1 1rs or two work (h) Upon completion of the presentation by the dean of de)'S followiRg reeeipt of this RotifieetioR, file et the offiee student services, or designee, the student may make his/her of the deeR for st1 1deHt sef't·iees, a writteR reEt1 1est for a presentation and may present any witness desired. Either heeriHg by the eoFF1FF1ittee OH st1 1deHt e0Hd1 1et. If the reEt1 1est side may offer rebuttal. is Hot filed withiH the preseribed tiffle, it 't't'ill be deeFF1ed es (i) The president and the student, or his/her representa- vleh·ed. tive, may question any witness. E) Notif)' the st1 1deHt that sho1 1ld the st1 1deHt reEtt 1est a (j) The president may, upon agreement by both parties, heeriHg, slke FFIB)' briHg eR ed't'oeete to speak iH his or her receive sworn written statements in lieu of oral testimony at .eekttlf. the hearing. The president has the right to control the (i~·) If oral Hotiee is gi'.·eH, it shell be followed b)' number and conduct of witnesses. 't'lritteH HOtiee withiH fort)' eight ho1:1rs. (k) After the completion of the presentation by the ('t') The proeessiHg of heariHg eetioHs shell be eeeoffl student, both sides shall then be permitted to make any plished eeeordiHg to the proYisioHs set forth iH this eode, closing arguments after which the president may ask any Artiele F, Discipline ry end hce Fing pr-ecedttFCs, begiHHiHg questions. vlith SeetioH 5. (I) The hearing will then be closed. (e) DiseiflliRaFy flFohatioR. The deeH for st1:1deHt (m) The burden of proof shall be on the dean, or ser't'iees, after elose eYel1 1etioH of the iHdi't'id1 1el ease, ffley designee, who must establish the guilt of the student by a restriet the eollege related eetiYities of st1 1deHts or gro1 1ps of preponderance of the evidence. st1:1deHts es s/he deeffls Heeessery eHd feasible b)' pleeiHg (n) Formal rules of evidence and procedures shall not be theffl OH diseipliHery probetioR. DiseipliHBF)' probetioH FF1ey applicable to disciplinary proceedings conducted pursuant to be ifflposed for a period of Hot to elteeed oHe year. Repeti this code. The president shall admit all matters into evi- tioH d1 1riRg the probetioRBF)' period of e0Hd1 1et res1 1ltiHg iR dence which reasonable persons would accept as having diseipliHar)' probetioH FFIB)' be ee1 1se for s1 1speHsioH or other probative value in the conduct of their affairs. Unduly diseipliHery eetioH. repetitious or irrelevant evidence may be excluded. (d) Diseif)liRaFy SHSfleRsioR. DiseipliHBr)' s1:1speHsioR ( o) When a recommendation decision has been reached, senes es a peRelty egeiHst the st1 1deRt as a res1 1lt of his the president may reconvene and announce his/her recom- e0Rd1:1et whieh fails to ffleet steHderds eltpeeted et the mendation or let the parties know approximately when they eollege. A s1 1speHded st1 1deHt is Hot to oee1 1py eHy portioR will receive the written decision. of the eeFF1p1:1s for a period to be speeified iH writiHg eHd is (p) The president's decision shall be final. deHied ell eollege priYileges iHel1:1diHg eless etteHdeHee. (5) Sanctions. DiseipliRary s1 1speHsioR reEtt 1ires the eppro¥el of the presi ill Summary suspension. ((fit)) The dean ((.fet:)) of tlettt-: student services or designee may summarily suspend any (e) E"PHlsion. AH eitpelled st1:1deHt is deHied ell forther student from the college for not more than ten academic eollege privileges. St1:1deHts FF1ey be eltpelled oHly with the calendar days pending investigation, action or prosecution of eppro,·el of the presideHt. charges of an alleged violation or violations of the guidelines (4) EmeFgeRey flFoeedHFe. NothiHg hereiH shell for student conduct, if the dean ((.fet:)) of student services pre·teHt fee1:1lty FF1eFF1bers or edffliHistretors froffl tekiHg has reason to believe that the student's physical or emotional reasoHeble s1:1FF1FF1ery eetioH es FFIB)' be Heeesstlf)' to ffleiHteiR safety and well-being, or the safety and well-being of other order wheH they heYe reasoH to belieYe that s1:1eh eetioR is college community members, or the protection of college Heeessery for the physieel safety eHd well beiHg of the property requires such suspension. st1 1deHt or the safety eHd proteetioH of other stt ideHts or of ((fttt)) During the period of summary suspension, eollege property or where the stt ideHt's e0Hd1 1et FF1eterielly suspended students shall not enter the campus of the college eRd s1 1bsteHtielly disr1 1pts the ed1 1eeti0Hal proeess. The other than to meet with the dean ((.fet:)) of student services fee1 1lty FF1eFF1ber or edffliRistretor sho1 1ld ifflff!edietel)' briHg or to attend the disciplinary hearing. However, the dean the ff!atter to the etteHtioH of the deeH for st1:1deHt sen·iees may grant the student special permission to enter for the for appropriate diseipliHery eetioH. (5) The eommittee oft stHdeRt eoRdHet. Proposed [ 38] Washington State Register, Issue 93-21 WSR 93-21-065 (a) A staRdiRg eommittee shall ee established aRR1:1ally (A) The ehairpersoH shell seleet a flersoH te keefl a ' the deaR fer st1 1deRt serviees to e0Ad1 1et heariRgs wheA reeortl of the flFoeeediAgs. req1 1ested by a st1 1deAt regardiRg diseiflliRaF)' aetioRs (B) The ehairpersoR shall desigHate a fJersoH te eelleet (b) The ehairpersoR shall be eleeted b)' the eommittee. aRtl flFesen·e all e*hibits iA evitleHee. (e) The eommittee shall iRel1:1de: C) The eommittee eA st1 1tleHt e0Rtl1 1et shall fJreseAt a (i) Two st1:1deRts desigAated b)' the flFesideRt of the reeemmeHtlatioR after the eoRehtsioA of the heariHg. assoeiated st1:1deRts. (D) The EieaH fer st1:1EieAt sen·iees or desigHee shall (ii) 0Re admiRistrater of the eollege desigAated B)' the make the first flFeseAtatioA. IR the eveHt witHesses are eollege flFesideRt, Hot to be the deaR fer st1:1deRt sen·iees. ealled, they ma;· be q11esti0Aed by the st1 1deAt or st1 1deAt' s (iii) Two fleFSoRs reflreSeAtiRg the fae1:1lty, desigRated by refJreseAtati·,·e !lRd the eomFAittee. the fael:llty assoeiatioA flFesideRt. (E) UfloR eolflJlletioH of the flreSeHtatioA by the deaR for A q1 10F1 1m shall eoRsist of fo1 1r members st1 1deHt sen·iees, the st1 1deAt may FAake his/fler flFeseAtatioA (e) All eemmittee members shall ha·>'e \'otiRg rights with aHd may flFeseHt !lR)' witHess desired. AgaiA, the committee simflle majority r1:1le. or the tleeH FAa)' q1:1estioR aH)' witHess. (6) DiseipliB&Fy &BEi heeFiHg pFeeeduFes. (F) After the eemflletioA of the flFeseHtatioH b;· the (a) AllegatioAs of mise0Rd1:1et shall be filed iA the deaR st1:1deHt, both sides shall theH se flermitted to make !lHY fer st1:1deRt sen·iees' offiee iR writiRg. UfloR iRvestigatioA, elosiHg erg1:1meAts after which the eoFAmittee m!l)' ask eHy the deaR for st1:1deRt sen·iees shall iRitiate aflflFOflFiate aetioR. q1:1esti0Hs. St1 1deRts alleged to have e0Rd1 1eted themselves (G) The heariRg will theR be eleseEi aAd the eommittee iRaflflFOflFiately shall be flFOvided with writteR Rotiee to meet 'Nill retire to eitee1:1tive sessioR for deliberatieA. 'tYith the deaR for st1:1deRt serviees or desigRee fer a flFelimi (H) WheR a reeeA1ffleREiatioH has beeH reaehed, the Raf)' eoAfereRee regardiRg the basis for flOSsible diseiflliRary eofflfflittee will reeoH'>'erte aAd aHH01:1Aee its reeofflffleHEiatieH. aetioR. The Rotiee m1 1st be giveR et least t',.,.eRt)' fo1 1r ho1 1rs The ffleetiRg will thert se edjo1:1rned. or oRe work day flFior to the sehed1:1led aflflOiAtmeAt, aAd (ii) Evidenee. shall eoRtaiR a statemeRt of the allegatioRs. A) The eomFAittee fflay, l lflOH agreeFAeHt l i;· both (e) If after the flFelimiRarJ eoAfereAee aRd iA\'estigatioA, parties, reeeive sv.·orrt writteH statemeAts iR lie1:1 of swern the deaA for st1:1deRt sen·iees tletermiRes that the shttleRt' s oral testimoA)' at the he!lriRg. e0Rtl1:1et has Rot beeR iR ·,·iolatioR of eollege staRtlartls, the (B) The eoFAfflittee has the right te eoAtrol: tleaA will tlismiss flFoeeediRgs aRd eitoAerate the st1:1tleRt. (B. l) Rele·,·aHee (tl) If after the st1:1tleRt's flFelimiAaF)' eoAfereRee, the (B.2) Materi!llity reeommeAtlatioR of the tleaA for st1:1tleRt serviees is for ~) CofflfJeteRe;· tliseiflliRary aetioR, the st1:1tleRt shall reeei,·e the fullowiAg iR B.4) N1 1FAber eREi e0Ad1 1et ef witHesses writiRg: (iii) ReeemmeHElatieBs of the eemmittee. (i) NotifieatioR of the fiRtliRgs aRtl e0Rel1:1si0As of the (A) IH FAakiAg a reeofflffleAdatioR, the eofflfflittee shall iA\'estigatioA by the tleaR fer st1:1tleRt sen·iees. eoHsider the fellovliAg iss1:1es: (ii) P.lotifieatioR of the diseiflliRllf)' aetioR whieh is to be (A. I) Dees the alleged aet eeRstit1:1te a violatieH of reeommeRtletl. aeeeflteble staHderEis of st1 1deRt e0Hd1 1et? (iii) NotifieatioR that the st1:1tleRt may either aeeeflt the (A.2) Did the st1:1deAt i1woh·ed eofflfflit the aets with diseiflliAary aetioA or, withiA fort)' eight ho1:1rs or t·wo werk v.·hieh s/fle ,..,.as eherged? days follewiAg reeeiflt of this RotifieetieR, file at the offiee (A.3) Were there !lH)' mitigetiRg eire1:1fflstaAees? of the deaR fer st1 1deAt serviees, a writteR req1 1est for a (A.4) What saAetieRs ha't'e beeA ifflfJosed iA flFe,·io1:1s heariRg by the eommittee OR st1 1deRt e0Ad1 1et. If the req1 1est eases of a sifflilar Hat1:1re? is Hot filed withiR the flFeseribetl time, it will be tleemetl as (B) ReeoFRffleHdatieRs shall iHel1:1de: wfti.¥etl.:. (B.l) FiAdiRgs ef faet h·) P.lotifieatioR that sho1 11ti a st1 1deAt req1 1est a heariRg (B.2) CeHel1:1sieAs s/fle may briAg aR ad\\u2022oeate to Sfleak OR his er her behalf. (B.3) A reeefflffleHdatioA eA whether to l:lflhold the If the st1 1tleAt does Aet req1 1est a heariRg, the tleeA deeisioH aHd reeefflffleRded aetieA ef the deaH for st1:1deHt for st1 1tleRt serviees shall eaffy e1 1t the diseiflliRaF)' aetioR serviees or te iHstit1:1te other diseiflliHary aetioH or te eRoHer t) If the st1 1tleRt tleeitles te req1 1est a heariRg, s/fle shell ate the st1:1deHt ef eharges. file at the offiee ef the deaA for st1:1deRt seniees a vt'ritteR (C) The reeord of the heariHg, the fiHdiHgs, aHd the Aotiee of this iHteHt as Sfleeifietl abeYe. WithiH forty eight reeoFRFReHdetioRs of the eOFRffiittee eH st1 1deHt e0Hd1 1et shall ho1 1rs er t'NO ··•·erk tla)'S ef req1 1estiHg the heariHg the st1 1tleHt be reYiewed by the flFesideHt. shall file at the effiee of the tleaA a Sfleeifie writteH resfloHse (D) The flTesideHt shall aAHe1:1Hee the deeisioH withiH to eaeh ef the eharges. forty eight ho1:1rs or two werk days after reeeipt of said g) A meetiAg of the eemmittee oA st1 1tleHt e0Atl1 1et shell reeord, fiAtliHgs ttHd reeeHlHleHdatioHs. be eoHYeHed Aet earlier theA t•ueHty fe1 1r ho1 1rs er eHe werk (E) The presideHt's deeisieR shell be fiAal.)) M day Hor later theH fert)' eight he1:1rs er two werk days after Emergency procedure. Nothing herein shall prevent faculty s1 1bmissieH of the st1 1tleHt' s resfleHse te the eharges for members or administrators from taking reasonable summary fuffflal heariAg aRd te make a reeommeHdatieA iH the ease te action as may be necessary to maintain order when they the flFesitleHt. have reason to believe that such action is necessary for the (i) HeeFiHg pFeeeduFe. physical safety and well-being of the student or the safety and protection of other students or of college property or [BJ ~~~ WSR 93-21-065 Washington State Register, Issue 93-21 where the student's conduct materially and substantially WSR 93-21-068 disrupts the educational process. The faculty member or PROPOSED RULES administrator should immediately bring the matter to the DEPARTMENT OF LICENSING attention of the dean of student services for appropriate (Real Estate Appraiser Unit) disciplinary action. [Filed October 19, 1993, 4:40 p.m.] (b) Sanctions for final determination. The following Original Notice. definitions of disciplinary terms have been established and Title of Rule: See section below. shall be the sanctions imposed upon violators of the code of Purpose: These amendments are necessary as a result student rights and responsibilities: of legislative changes made during the 1993 session, and (i) Warning. Notice to a student, either verbally or in changes in appraisal qualification board guidelines. writing, that the student has been in violation of college rules Statutory Authority for Adoption: RCW 18.140.030(1). or regulations or has otherwise failed to meet the college's Statute Being Implemented: Chapter 18.140 RCW. standards of conduct. Such warnings will include the Summary: See Purpose above. statement that continuation or repetition of the specific Reasons Supporting Proposal: See Purpose above. conduct involved or other misconduct will normally result in Name of Agency Personnel Responsible for Drafting, one of the more serious disciplinary actions described below. Implementation and Enforcement: Cleotis Borner, P.O. Box (ii) Reprimand. Formal action censuring a student for 9012, 753-1062. violation of the college rules or regulations or for failure to Name of Proponent: Department of Licensing, Real meet the college's standards of conduct. Reprimands shall Estate Appraiser Unit, governmental. be made in writing to the student, with copies filed in the Rule is not necessitated by federal law, federal or state office of the dean of student services. A reprimand will court decision. include the statement that continuation or repetition of the Explanation of Rule, its Purpose, and Anticipated specific conduct involved or other misconduct will normally Effects: See section below. result in one of the more serious disciplinary actions de- Proposal Changes the Following Existing Rules: See scribed below. section below. (iii) Restitution. Any individual student may be No small business economic impact statement is required to make a restitution for damage or loss to college required for this proposal by chapter 19.85 RCW. or other property and for injury to persons. Failure to make Hearing Location: Department of Licensing, 405 Black restitution within thirty days will result in suspension for an Lake Boulevard, Building 2, Room 1, Olympia, WA 98504, indefinite period of time as set forth in subsection (5) of this on Monday, November 29, 1993, at 9:00 a.m. section provided that a student may be reinstated upon Submit Written Comments to: Cleotis Borner, 2424 payment. Bristol Court, P.O. Box 9012, Olympia, WA 98507-9012, by (iv) Disciplinary probation. Formal action placing November 24, 1993. conditions upon the student's continued attendance for Date of Intended Adoption: November 29, 1993. violation of college rules or regulations or the failure to meet October 19, 1993 the college standards of conduct. Disciplinary probation will Steven J. Thiele specify, in writing, the period of probation and the condi- Assistant Attorney General tions, such as limiting the student's participation in extracur- ricular activities. Disciplinary probation warns the stude1;1t AMENDATORY SECTION (Amending WSR 93-17-020, that any further misconduct will automatically raise the filed 8/10/93, effective 9/10/93) question of suspension from the college. Disciplinary probation may be for a specified period which may extend WAC 308-125-040 Examination prerequisite state- to graduation or other termination of the student's enrollment certified residential classification. The state-certified residential real estate appraiser classification applies to in the college. appraisals of all types of residential property of one to four (v) Suspension dismissal. Temporary, indefinite, or permanent dismissal from the college of a student for units without regard to transaction value or complexity and violation of college rules and regulations. The notification nonresidential property having a transaction value less than two hundred fifty thousand dollars. suspending/dismissing a student will indicate, in writing, the (1) As a prerequisite to taking the examination for term of the suspension, if applicable, and any special conditions which must be met before readmission. Copies certification as a state-certified residential real estate apprais- of the notification shall be kept on file in the office of the er, an applicant shall present evidence satisfactory to the director that he/she has successfully completed not less than dean of student services and in the student's official educa- one hundred ((.fi..are)) twenty classroom hours of courses in tional record. Refund of fees for the quarter in which disciplinary action is taken shall be in accordance with the subjects related to real estate appraisal approved by the college's refund policy. Students who are suspended or director. Each applicant must successfully complete a thirty dismissed from the college may be denied access to all or classroom hour course in the basic principles of real estate any part of the campus or other facility during the duration appraising and a fifteen classroom hour course in the of the period of suspension. Uniform Standards of Professional Appraisal Practice as part of the one hundred ((fl.are)) twenty classroom hours of course work. (2) An original certification as a state-certified residen- tial real estate appraiser shall not be issued to any person Proposed [ 40 l Washington State Register, Issue 93-21 WSR 93-21-068 who does not possess two years of experience as a full time stringent requirements from chapter 296-306 WAC. This real ~state appraiser in Washington or in another state having will eliminate the unnecessary bulk from the vertical comparable certification requirements within five years standard, reduce confusion, and provide protection for immediately preceding the filing of the application for agriculture workers that is equal to the protection provided examination and certification. An applicant may accumulate to general industry workers. In addition, proposed amend- the required experience over the preceding five years; ments to several sections in this chapter are to correct however a minimum of two years (twenty-four months) is references, correct specific references to gender, correct required. typographical errors and add references to the general (3) The content for courses required prerequisite to standards. The department is proposing to repeal 19 sections taking the examination for certification as a state-certified that are either redundant or less effective than requirements residential real estate appraiser must include coverage of all in chapter 296-24 WAC. the topics listed below with particular emphasis on the Details of specific proposed amendments: WAC 296- appraisal of one to four unit residential properties: 306-003, proposed amendment deletes note that defines (a) Influences on real estate value. "part" in this chapter. These amendments propose to (b) Legal considerations in appraisal. eliminate "parts" in the chapter; WAC 296-306-010, pro- (c) Types of value. posed amendment to subsection (2) incorporates the require- (d) Economic principles. ments of chapter 296-24 WAC by reference. Proposed (e) Real estate markets and analysis. amendment to the note in subsection (3) adds fruit and (f) Valuation process. vegetable packing as examples of activities covered, for (g) Property description. expanded clarification; WAC 296-306-012, proposed (h) Highest and best use analysis. amendment notifies users that there are additional applicable (i) Appraisal statistical concepts. definitions in chapter 296-24 WAC, and corrects references (j) Sales comparison approach. to specific genders; WAC 296-306-015, proposed amend- (k) Site value. ments are housekeeping changes to correct references to (I) Cost approach. gender and an address correction; WAC 296-306-020, (m) Income approach. proposed amendment eliminates less effective language and (i) Gross rent multiplier analysis. adds a reference to chapter 296-24 WAC. Additional (ii) Estimation of income and expenses. proposed amendments correct references to specific genders; (iii) Operating expense ratios. WAC 296-306-025 Management's responsibilities, this (iv) Direct capitalization. section is proposed to be repealed. Requirements are less (n) Valuation of partial interests. effective than chapter 296-24 WAC; WAC 296-306-030, (o) Appraisal standards and ethics. proposed amendments eliminate redundant requirements and (p) Narrative report writing. adds a reference to chapter 296-24 WAC; WAC 296-306- Preexamination review seminars or examination prepara- 045 First-aid training and certification, this section is tion seminars will not be approved for clock hour credit. proposed to be repealed. Requirements are less effective than chapter 296-24 WAC; WAC 296-306-050 First-aid kit, this section is proposed to be repealed. Requirements are less effective than chapter 296-24 WAC; WAC 296-306-055 WSR 93-21-071 Safe place standards, this section is proposed to be repealed. PROPOSED RULES Requirements are redundant to chapter 296-24 WAC; WAC DEPARTMENT OF 296-306-057, proposed amendment is a housekeeping change LABOR AND INDUSTRIES to correct references to gender; WAC 296-306-060, proposed [Filed October 20, 1993, 9:48 a.m.l amendments are made to identify separate personal protec- Original Notice. tive equipment requirements for pesticide/herbicide handling Title of Rule: Chapter 296-24 WAC, General safety and general personal protective equipment requirements. and health standards; and chapter 296-306 WAC, Safety Language, less effective than the general standard are deleted standards for agriculture. and a reference is added to chapter 296-24 WAC. A Purpose: Chapter 296-24 WAC, General safety and reference, relating to respiratory protection requirements in health standards, state-initiated proposed amendments to the chapter 296-62 WAC is also added; WAC 296-306-061 general safety and health standards to remove specific Materials handling and storage, this section is proposed to be exemptions of the agricultural industry to these standards to repealed. Requirements are redundant to chapter 296-24 ensure agriculture workers are provided protection equal to WAC; WAC 296-306-065 Materials handling and storage, that provided for workers in general industry. Chapter 296- this section is proposed to be repealed. Requirements are 306 WAC, Safety standards for agriculture will continue to less effective and redundant to chapter 296-24 WAC; WAC augment the general standards, specifically addressing 296-306-070 Reserved, this section is proposed to be hazards which are unique to agriculture. In the event of a repealed. The section contains no compliance requirements conflict between the two standards. chapter 296-306 WAC, and is not necessary; WAC 296-306-075 Bench grinders, this shall apply; and chapter 296-306 WAC, Safety standards for section is proposed to be repealed. Requirements are agriculture, state-initiated proposed amendments to chapter redundant to chapter 296-24 WAC; WAC 296-306-080 296-306 WAC reconciling the chapter requirements with Guarding of hand-held portable power tools. this section is those of chapter 296-24 WAC to remove redundant and less proposed to be repealed. Requirements are redundant to chapter 296-24 WAC: WAC 296-306-084 Portable abrasive [ 41 ] Proposed WSR 93-21-071 Washington State Register, Issue 93-21 wheels, this section is proposed to be repealed. The section Statute Being Implemented: RCW 49.17.040, contains no compliance requirements and is not necessary; [49.17].050, and [49.17].060. WAC 296-306-085 Fire protection and ignition sources, this Summary: See Purpose above. section is proposed to be repealed. Requirements are Reasons Supporting Proposal: To provide a safe and redundant to chapter 296-24 WAC; WAC 296-306-090 healthful workplace and provide equal protection for all Storage and handling of anhydrous ammonia, this section is agriculture employees in Washington state. proposed to be repealed. Requirements are redundant to Name of Agency Personnel Responsible for Drafting: chapter 296-24 WAC; WAC 296-306-095 Elevated walk- Ray V. Wax, 7273 Linderson Way, Tumwater, WA, (206) ways and platforms, this section is proposed to be repealed. 956-5526; Implementation and Enforcement: Suzanne L. Requirements are less effective than chapter 296-24 WAC; Mager, 7273 Linderson Way, Tumwater, WA, (206) 956- WAC 296-306-100 Handrails, this section is proposed to be 5495. repealed. Requirements are redundant to chapter 296-24 Name of Proponent: [Department of Licensing], WAC; WAC 296-306-110, proposed amendment is a governmental. housekeeping change to correct references to gender; WAC Rule is not necessitated by federal law, federal or state 296-306-115, proposed amendment is a housekeeping change court decision. to correct an illustration; WAC 296-306-120, proposed Explanation of Rule, its Purpose, and Anticipated amendment adds specific references to the general standards. Effects: See Purpose above. This section is retitled to specify agricultural aerial manlift Proposal Changes the Following Existing Rules: See equipment; WAC 296-306-125 Gas welding and cutting, this Purpose above. section is proposed to be repealed. Requirements are Small Business Economic Impact Statement redundant to chapter 296-24 WAC; WAC 296-306-130 Welding, this section is proposed to be repealed. Require- Rule Summary and Purpose: In order to provide ments are redundant to chapter 296-24 WAC; WAC 296- equitable occupational safety standards for the agriculture 306-135 Arc welding and cutting, this section is proposed to industry and to comply with the initiatives of the Regulatory be repealed. Requirements are redundant to chapter 296-24 Fairness Act, chapter 19.85 RCW, the department is propos- WAC; WAC 296-306-140 Welding areas protected, this ing amendments to the rules in chapter 296-306 WAC, section is proposed to be repealed. Requirements are Safety standards for agriculture and chapter 296-24 WAC, redundant to chapter 296-24 WAC; WAC 296-306-145 General safety and health standards. Electrical, this section is proposed to be repealed. Require- Amending chapter 296-306 WAC. WAC 296-306- ments are redundant to chapter 296-24 WAC; WAC 296- 010(2) Purpose and scope, the proposed new language would 306-160, proposed amendment adds specific references to remove the agriculture industry's exemption from the general the general standards and corrects a reference to a specific safety and health standards, and propose that chapter 296- gender; WAC 296-306-165, proposed amendment is a 306 WAC augment chapter 296-24 WAC; and WAC 296- housekeeping change to correct references to gender; WAC 306-200 Rollover protective structures (ROPS) used in 296-306-175, proposed housekeeping amendments to correct agricultural operations, the proposed amendment would references; WAC 296-306-200, proposed amendments require that all tractors manufactured prior to October 25, relating to rollover protective structures (ROPS). A recent 1976, with the capability of adding ROPS, be retrofitted with study found that from 1985 through 1991, 40 agriculture rollover protective structures. employees were involved in tractor rollover accidents, with Sections Proposed for Amendment: WAC 296-306-003, 11 fatalities. Seven of the fatalities involved tractors not 296-306-012, 296-306-015, 296-306-020, 296-306-030, 296- equipped with rollover protective structures and manufac- 306-057, 296-306-060, 296-306-110, 296-306-115, 296-306- tured before October 25, 1976. Amendments to this section 120, 296-306-160, 296-306-165, 296-306-175, 296-306-200, propose that all agriculture tractors manufactured after 296-306-25007, 296-306-260, 296-306-300, and 296-306- October 25, 1976, and tractors manufactured on or before 400. October 26, 1976, sold with ROPS or designed to accommo- Sections Proposed for Repeal: WAC 296-306-025, 296- date the addition of ROPS shall meet the requirements of the 306-045, 296-306-050, 296-306-055, 296-306-061, 296-306- section. Low profile tractors will continue to be exempt 065, 296-306-070, 296-306-075, 296-306-080, 296-306-084, from the requirements for ROPS; WAC 296-306-25007, 296-306-085, 296-306-090, 296-306-095, 296-306-100, 296- proposed amendments are housekeeping changes to correct 306-125, 296-306-130, 296-306-135, 296-306-140, and 296- typographical errors; WAC 296-306-260, proposed amend- 306-145. ment is a housekeeping change to correct subsection number- Amending chapter 296-24 WAC, WAC 296-24-11001, ing; WAC 296-306-265, proposed amendment is a house- 296-24-12001, 296-24-14011, 296-24-33003, 296-24-58503 keeping change to correct the reference from "part" to and 296-24-73501, these proposed amendments remove "chapter"; WAC 296-306-300 Field sanitation-Scope, specific agricultural exemptions from this chapter. proposed amendment adds specific references to the require- Regulatory Fairness Act: The Washington Regulatory ments of chapter 296-24 WAC, part B-1; and WAC 296- Fairness Act, chapter 19.85 RCW, requires that proposed 306-400. proposed amendment adds a note to subsection (I) rules which have an economic impact on more than 20 referencing the United States Environmental Protection percent of all industries, or 10 percent of any one industry Agency requirements for posting after April I, 1994. The as determined by the standard industry classification (SIC) note is added to provide stakeholders with federally mandat- codes, shall be reviewed to determine if there exists a ed information. proportionately higher economic burden of compliance on Statutory Authority for Adoption: Chapter 49.17 RCW. Proposed [ 42] Washington State Register, Issue 93-21 WSR 93-21-071 small businesses. Small businesses are defined as businesses compliance placed on the agricultural industry, the depart- having fifty or less employees. ment is obliged to develop an equitable standard of safety Estimated Costs of Compliance: The general safety and for the agricultural industry consistent with other industries. health standard requires first-aid certification of an adequate Hearing Location: Columbia Basin College, 2600 North number of employees to ensure that a certified person is 20th Avenue, Pasco, WA 99301, on November 30, 1993, at accessible at all times. The estimated cost of certification 9:30 a.m.; Cedars Inn, I Apple Way, Okanogan, WA 98840, varies from $20.00 to $30.00 per employee, thus, the cost of on November 30, 1993, at 9:30 a.m.; Wenatchee Convention compliance/employee(full time equivalent) would vary Center, 201 North Wenatchee, Wenatchee, WA 98801, on dependent upon the number of employees requiring certifica- December I, 1993, at 9:30 a.m.; Red Lion, 1507 North First tion. The general safety and health standard requires that Street, Yakima, WA 98901, on December 1, 1993, at 9:30 specified equipment and transportation vehicles have a first- a.m. and 6:30 p.m.; Cotton Tree Inn, 2401 Riverside, Mt. aid kit. The estimated cost of compliance per employee Vernon, WA 98273, on December 3, 1993, at 9:30 a.m.; and would be dependent upon the number of first-aid kits at the Department of Labor and Industries Building, First required. For example, if an operation has five vehicles, 25 Floor Auditorium, 7273 Linderson Way, Tumwater, WA employees, and the estimated cost of a first-aid kit is $30.00 98504-4620, on December 3, 1993, at 9:30 a.m. to $40.00, the range of the cost of compliance/employee (full Submit Written Comments to: Suzanne L. Mager, time equivalent) would be from $0.00 to $8.00. The Interim Assistant Director, Division of Industrial Safety and general safety and health standard requires that employees Health, P.O. Box 44620, Olympia, WA 98507-4620, by working around or under overhead structures and who are December 17, 1993. exposed to hazards of falling objects wear hard hats. The In addition to written comments, the department will estimated cost of a hard hat is between $32.00 and $35.00, accept comments submitted to the voicemail number, (206) thus, if an operation had 25 employees the cost of compli- 956-5525 and telefaximile [telefacsimile] machine number, ance to the business owner would range from $0.00 to (206) 956-5529. $875.00 dependent upon the number of hard hats required. Comments submitted by fax must be 10 pages or less. The proposed amendment to require ROPS on all pre-1976 Date of Intended Adoption: February 9, 1993 [1994). tractors, capable of being retrofitted, would have a variable October 20, 1993 cost of compliance ranging from $0.00 to $760.00 (a $0.00 Mark 0. Brown cost would be incurred if ROPS has already been installed, Director and $760.00 is the estimated average cost of retrofitting a tractor with ROPS) per tractor involved in the agricultural AMENDATORY SECTION (Amending Order 92-06, filed operation. 10/30/92, effective 12/8/92) Indeterminate Costs may be Associated with the Following: The establishment of safety and health commit- WAC 296-24-11001 Scope, application, and purpose. (1) Scope. tees including the documentation of the safety and health plans. Although, existing and proposed language does allow (a) This standard covers the servicing and maintenance employers with 10 or less employees to simply have fore- of machines and equipment in which the unexpected man-crew meetings. The development of a preliminary energization or start up of the machine or equipment or "after accident" investigation process. The enhancement of release of stored energy could cause injury to employees. training programs relative to occupational safety and health. This standard establishes minimum performance require- The enhancement or modification of operational facilities ments for the control of such hazardous energy. and structures (e.g., guard rails, railing, fixed ladders). (b) This standard does not cover the following: Guards or troughs for conveyor chains, and emergency (i) Construction((, agrie1:1ltt1re,)) and maritime employ- "stop" switches for all conveyors will be required if a hazard ment; is present. The development of training for the servicing of (ii) Installations under the exclusive control of electric multi-piece and single-piece rim wheels, as well as for the utilities for the purpose of power generation, transmission, proper equipment and facilities fqr servicing these type of and distribution, including related equipment for communica- tions or metering; and wheels. Mitigation Efforts: In order to minimize the cost of (iii) Exposure to electrical hazards from work on, near, compliance to the agricultural industry, the department is or with conductors or equipment in electric utilization proposing to repeal significant amounts of redundant and installations, which is covered by Part L of chapter 296-24 inconsistent language from chapter 296-306 WAC. Chapter WAC; and 296-24 WAC is also amended to further clarify that chapter (iv) Oil and gas well drilling and servicing. (2) Application. 296-306 WAC augments the general safety and health standard; the department has also made modifications to (a) This standard applies to the control of energy during chapter 296-306 WAC in order to be consistent with federal servicing and/or maintenance of machines and equipment. and other state agencies; and the department has allowed for (b) Normal production operations are not covered by extensive prenotice commentary period. this standard (see Part C of chapter 296-24 WAC). Servic- Conclusion: The department has evaluated the econom- ing and/or maintenance which takes place during normal ic impact of the proposed rule changes in accordance with production operations is covered by this standard only if: the Regulatory Fairness Act and with recommendations from (i) An employee is required to remove or bypass a guard or other safety device; or regulatory fairness task force members. Although the department recognizes a possible economic impact of [ 43] Proposed WSR 93-21-071 Washington State Register, Issue 93-21 (ii) An employee is required to place any part of his or radiation hazards, etc. The tags are not to be considered as her body into an area on a machine or piece of equipment a complete warning method, but should be used until a where work is actually performed upon the material being positive means can be employed to eliminate the hazard; fm processed (point of operation) or where an associated danger example, a "do not start" tag on power equipment shall be zone exists during a machine operating cycle. used for a few moments or a very short time until the switch in the system can be locked out; a "defective equipment" tag Note: Exception to subdivision (b) of this subsection. Minor tool changes and adjustments, and other minor servicing activities, shall be placed on a damaged ladder and immediate arrange- which take place during normal production operations, are not ments made for the ladder to be taken out of service and covered by this standard if they are routine, repetitive, and sent to the repair shop. integral to the use of the equipment for production, provided (c) This section does not apply to construction ((ei that the work is performed using alternative measures which provide effective protection (see Part C of chapter 296-24 agriettltttre)). WAC). (2) Definitions. (a) "Biological hazard" or "Biohazard" means those (c) This standard does not apply to the following: infectious agents presenting a risk of death, injury or illnes~ (i) Work on cord and plug connected electric equipment to employees. for which exposure to the hazards of unexpected energization (b) "Major message" means that portion of a tag'~ or start up of the equipment is controlled by the unplugging inscription that is more specific than the signal word and tha1 of the equipment from the energy source and by the plug indicates the specific hazardous condition or the instructior being under the exclusive control of the employee perform- to be communicated to the employee. Examples include ing the servicing or maintenance. "High Voltage," "Close Clearance," "Do Not Start," or "De (ii) Hot tap operations involving transmission and Not Use" or a corresponding pictograph used with a writter distribution systems for substances such as gas, steam, water, text or alone. or petroleum products when they are performed on pressur- (c) "Pictograph" means a pictorial representation used tc ized pipelines, provided that the employer demonstrates that: identify a hazardous condition or to convey a safety instruc· (A) Continuity of service is essential; ti on. (B) Shutdown of the system is impractical; and (d) "Signal word" means that portion of a tag's inscrip· (C) Documented procedures are followed, and special tion that contains the word or words that are intended tc equipment is used which will provide proven effective capture the employee's immediate attention. protection for employees. (e) "Tag" means a device usually made of card, paper (3) Purpose. pasteboard, plastic or other material used to identify < (a) This section requires employers to establish a written hazardous condition. program and utilize procedures for affixing appropriate (3) Use. lockout devices or tagout devices to energy isolating devices, (a) Tags shall be used as a means to prevent accidenta and to otherwise disable machines 9r equipment to prevent injury or illness to employees who are exposed to hazardow unexpected energization, start-up, or release of stored energy or potentially hazardous conditions, equipment or operation: in order to prevent injury to employees. which are out of the ordinary, unexpected or not readil~ (b) When other Title 296 WAC vertical standards apparent. require the use of lockout or tagout, they shall be used and (b) Tags shall be used until such time as the identifiec supplemented by the procedural and training requirements of hazard is eliminated or the hazardous operation is completed this part. Tags need not be used where signs, guarding or othe positive means of protection are being used. AMENDATORY SECTION (Amending Order 74-27, filed (c) Do not start tags shall be placed in a conspicuou: 517174) location or shall be placed in such a manner that the~ WAC 296-24-12001 Scope. This scope includes all effectively block the starting mechanism which would caus1 sections of WAC 296-24-120 in the numbering and applies hazardous conditions should the equipment be energized to all permanent places of employment except where See Fig. J-11. domestic, or mining((, or agriettlt1ual)) work only is per- (4) General tag criteria. formed. Measures for the control of toxic materials are (a) All required tags shall meet the following criteria: considered to be outside the scope of this section. (i) Tags shall contain a signal word and a majo message. AMENDATORY SECTION (Amending Order 87-01, filed (ii) The signal word shall be either "Danger," "Caution, 3/12/87) or "Biological Hazard," "biohazard," or the biological hazan symbol. WAC 296-24-14011 Accident prevention tags. (I) (iii) The major message shall indicate the specifi1 Scope and purpose. hazardous condition or the instruction to be communicate1 (a) This section applies to all accident prevention tags to the employee. used to identify hazardous conditions and provide a message (b) The signal word shall be readable at a minimu11 to employees with respect to hazardous conditions as set distance of five feet ( 1.52 m) or such greater distance a forth in subsection (3) of this section, or to meet the specific warranted by the hazard. requirements of other WAC requirements. (c) The tag's major message shall be presented in eithe (b) Tags are a temporary means of warning all con- pictographs, written text or both. cerned of a hazardous condition, defective equipment, Proposed [ 44] Washington State Register, Issue 93-21 WSR 93-21-071 (d) The signal word and the major message shall be (b) The symbol design for biological hazard tags shall understandable to all employees who may be exposed to the conform to the design shown in Fig. J-15. identified hazard. (11) Other tags. Other tags may be used in addition to (e) All employees shall be informed as to the meaning those required by this section or in other situations where of the various tags used throughout the workplace and what this section does not require tags, provided that they do not special precautions are necessary. detract from the impact or visibility of the signal word and (f) Tags shall be affixed as close as safely possible to major message of any required tag. their respective hazards by a positive means such as string, wire, or adhesive that prevents their loss or unintentional removal. (g) The tag and attachment method or device used shall be constructed of such material that they will not be likely WHITE to deteriorate in the environment in which the tag is used during the time period of intended use. BLACK (5) Danger tags. (a) Danger tags shall be used in major hazard situations where an immediate hazard presents a threat of death or serious injury to employees. Danger tags shall be used only in these situations. See Fig. J-11. (b) All employees should be instructed that danger tags Fig. J-1 indicate immediate danger and that special precautions are Danger Sign necessary. (6) Caution tags. (a) Caution tags shall be used in minor hazard situations where a nonimmediate or potential hazard or unsafe practice presents a lesser threat of employee injury. Caution tags shall be used only in these situations. See Fig. J-12. (b) All employees should be instructed that caution tags indicate a possible hazard against which proper precautions should be taken. BLACX LETTERS (7) Warning tags. Warning tags may be used to represent a hazard level between "Caution" and "Danger," instead of the required "Caution" tag, provided that they Fig. J"2 have a signal word of "Warning," an appropriate major message, and otherwise meet the general tag criteria of Radiation Warning Sign subsection (4) of this section. (8) Out of order tags. Out of order tags should be used only for the specific purpose of indicating that a piece of equipment, machinery, etc., is out of order and to attempt to use it might present a hazard. (See Fig. J-13.) (9) Radiation tags. (a) The standard background for radiation tags shall be yellow; the panel shall be reddish purple. Any letters used against the yellow background shall be black. The colors shall be those of opaque glossy samples as specified in Table I, Fundamental Specification of Safety Colors for CIE Standard Source "C" American National Standard Safety Color Code for Marking Physical Hazards and the Identifica- tion of Certain Equipment, Z53. I- I 97 I. (b) The method of dimension, design, and orientation of the standard symbol (one blade pointed downward and centered on the vertical axis) shall be executed as illustrated in Figure J-14. The symbol shall be prominently displayed and of a size consistent with the size of the equipment or area in which it is to be used. (10) Biological hazard tags. (a) Biological hazard tags shall be used to identify the actual or potential presence of a biological hazard and to identify equipment, containers. rooms, experimental animals, or combinations thereof, that contain or are contaminated with hazardous biological agents. [ 45] Proposed WSR 93-21-071 Washington State Register, Issue 93-21 WHITE GREEN---·'~I ~WHITE Ra RADIUS OF CENTRAL OISC Fig. J-5 Safety Instruction Signs (Note: The words "think" and "be careful," given here, are only J~:L illustrations. Other wordings may be used.) ~sA--.; 8LACK---i,...,ll1Ji s1~l•1----'WHITE Fig. J-3 Standard Radiation Symbol ~I Fig. J-6 Directional Signs BLACK Dark red reflective border Fig. J-4 Fluorescent yellow· oran91 Caution Sign 1rian9l1 14 60- \ Fig. J-7 Slow-Moving Vehicle Emblem Note: All dimensions are in inches. Proposed [ 46] Washington State Register, Issue 93-21 WSR 93-21-071 © DO NOT POISON: START ELECTRICITY: White taQ Fig. J-8 white letter~ on

2.1 Classification of the substance or mixture

placement of swimming pools, power poles and ·Underground utilities; (ii) Cover by impervious material; (iii) Vehicular traffic; or (iv) Other activities adversely affecting the soil or the performance of the OSS. (c) Sufficient reserve area for replacement exists to treat and dispose one hundred percent of the design flow; (d) The land is stable; and (e) Surface drainage is directed away from the site. NEW SECTION WAC 246-272-11001 Soil and site evaluation. (1) The local health officer or department shall permit only qualified designers and soil scientists to perform soil and site evaluations. (2) The person evaluating the soil and site shall: (a) Record: (i) A sufficient number of soil logs to evaluate condi- tions within: Proposed [ 22] Washington State Register, Issue 93-21 WSR 93-21-062 observe the six feet of soil face, however the scooped TABLE II portion is not to be entered; SOIL TEXTURAL CLASSIFICATION (iii) Provide a physical warning barrier around the excavation's perimeter; and .. ·§§~~·.;J;i~·~r ••·•-···-··~4fi±.~~*£u~~1 ·~·~··~•gg~ir2~~~-~R~··· .• (iv) Fill the excavation upon completion of the soil log. (4) The local health officer: lA Very gravelly1 coarse sands or coarser. All extremely (a) Shall render a decision on the height of the water gravelly2 soils. table within twelve months of receiving the application under precipitation conditions typical for the region; lB Very gravelly medium sand, (b) May require water table measurements to be very gravelly fine sand, very recorded during months of probable high-water table gravelly very fine sand, very gravelly loamy sands. conditions, if insufficient information is available to deter- mine the highest seasonal water table; 2A Coarse sands (also includes (c) May require any other soil and site information ASTM C-33 sand). affecting location, design, or installation; and 2B Medium sands. (d) May reduce the required number of soil logs for OSS serving a single family residence if adequate soils 3 Fine sands, loamy coarse information has previously been developed. sands, loamy medium sands. 4 Very fine sands, loamy fine NEW SECTION sands, loamy very fine sands, sandy loams, loams. WAC 246-272-11501 Design. (1) The local health officer shall require that on-site sewage systems be designed 5 Silt loams, that are porous and have well developed only by qualified designers or engineers, except: structure. (a) Where at the discretion of the local health officer a resident owner of the single family residence is allowed to 6 Other silt loams, sandy clay design a system for that residence; or loams, clay loams, silty clay (b) The local health officer performs the soil and site loams. evaluation and develops the design. Unsuitable Sandy clay, clay, silty clay,, (2) The local health officer and the department shall for and strongly cemented or firm require the following design criteria: treatment soils. (a) All the sewage from the building served is directed or to the OSS; (SIC) Codes WAC 296-24-73501 General requirements. This section applies to all permanent places of employment, 0111 Wheat except where domestic((;-)) .Q! mining((, er agrie1:1lt1ual)) 0115 Corn work only is performed. Construction work is not to be 0119 Cash Grains NEC, Barley, Peas, Lentils, Oats, deemed as a permanent place of employment. Measures for etc. the control of toxic materials are considered to be outside the 0133 Sugar Cane and Sugar Beets scope of this section. 0134 Irish Potatoes - All Potatoes except Yams Proposed [ 52] Washington State Register, Issue 93-21 WSR 93-21-071 0139 Field Crops - Hay, Hops, Mint, etc. information to all employees relative to hazardous chemicals 0161 Vegetables and Melons, All Inclusive or substances to which they are exposed or may become 0171 All Berry Crops exposed in the course of their employment, shall apply to 0172 Grapes chapter 296-306 WAC. 0173 Tree Nuts 0175 Deciduous Tree Fruits AMENDATORY SECTION (Amending Order 92-24, filed 0179 Tree Fruits or Tree Nuts Not Elsewhere Clas- 315193, effective 6/l /93) sified Ornamental Floriculture and Nursery Products WAC 296-306-012 Definitions applicable to all 0181 Food Crops Grown Under Cover sections of this chapter. 0182 0191 General Farms, Primarily Crops Note: ((HefllliHg ef .. eRls.)) Unless the context indicates otherwise, 0211 Beef Cattle Feedlots words used in this chapter shall have the meaning given in this 0212 Beef Cattle Except Feedlots - Cattle Ranches section. Other applicable definitions to this chapter are ad- dressed in chapter 296-24 WAC. 0213 Hogs 0214 Sheep and Goats (I) "Approved" means approved by the director of the 0219 General Livestock Except Dairy and Poultry department of labor and industries or his authorized repre- 0241 Dairy Farms sentative: Provided, however, That should a provision of 0251 Broiler, Fryer, and Roaster Chickens this chapter state that approval by an agency or organization 0252 Chicken Eggs other than the department of labor and industries is required, 0253 Turkeys and Turkey Eggs such as Underwriters' Laboratories or the Bureau of Mines, 0254 Poultry Hatcheries the provisions of WAC 296-24-006 shall apply. 0259 Poultry and Eggs Not Elsewhere Classified (2) "Authorized person" means a person approved or 0271 Fur Bearing Animals and Rabbits assigned by the employer to perform a specific type of duty 0272 Horses or duties or to be at a specific location or locations at the job 0273 Animal Aquaculture site. 0279 Animal Specialties Not Elsewhere Classified (3) "Competent person" means one who is capable of 0291 General Farms, Primarily Livestock and Ani- identifying existing and predictable hazards in the surround- mal Specialties ings or working conditions which are unsanitary, hazardous, 0711 Soil Preparation Services or dangerous to employees, and who has authorization to 0721 Crop Planting, Cultivating, and Protecting take prompt corrective action to eliminate them. 0722 Crop Harvesting, Primarily by Machine (4) "Department" means the department of labor and 0751 Livestock Services, Except Veterinary industries. 0761 Farm Labor Contractors (5) "Director" means the director of the department of 0811 Timber Tracts, Christmas Tree Growing, Tree labor and industries, or designated representative. Farms (6) "Employer" means any person, firm, corporation, 0831 Forest Nurseries partnership, business trust, legal representative, or other 0851 Forestry Services - Reforestation business entity which engages in any business, industry, profession, or activity in this state and employs one or more (2) ((IR the e·,·eHt that the preYisieHs ef this ehapter employees or who contracts with one or more persons, the eeHfliet with the previsieHs eeHtaiHed iH aH)' ether ehapter ef essence of which is the personal labor of such person or Title 296 WAC, this ehapter shall prevail. .SeetieRs ef ether persons and includes the state, counties, cities, and all ehapters 296 24 VlAC appl)' eHly wheH speeifieally refer municipal corporations, public corporations, political subdivi- eHeed iH this ehapter.)) This standard shall augment the sions of the state, and charitable organizations: Provided, Washington state general safety and health standards, chapter That any person, partnership, or business entity not having 296-24 WAC, and the general occupational health standards, employees, and who is covered by the industrial insurance chapter 296-62 WAC, and any other standards which are act shall be considered both an employer and an employee. applicable to all industries governed by chapter 80, Laws of (7) "Handling pesticides" means: 1973, Washington Industrial Safety and Health Act. In the (a) Mixing, loading, transferring, or applying pesticides. event of any conflict between any portion of this chapter and (b) Disposing of pesticides or pesticide containers. any portion of any of the general application standards, the (c) Handling opened containers of pesticides. provisions of this chapter (chapter 296-306 WAC), shall (d) Acting as a flagger. ~ (e) Cleaning, adjusting, handling, or repairing the parts (3) When employees are assigned to perform tasks other of mixing, loading, or application equipment that may than those directly related to agricultural operations, the contain pesticide residues. proper chapter of Title 296 WAC shall apply. (f) Assisting with the application of pesticides. Note: ((..s-lt)) Assignments may involve, but are not limited to (g) Entering a treated area outdoors after application of activities, "Such as fruit and vegetable packing, Jogging, mining, any soil fumigant to adjust or remove soil coverings such as sawmills, etc., when the products of such activities are removed from the farm site for commercial distribution. tarpaulins. (h) The term does not include any person who is only (4) The requirement that the employer shall develop and handling pesticide containers that have been emptied or maintain a hazard communication program as required by cleaned according to pesticide product labeling instructions WAC 296-62-054 through 296-62-05427 which will provide [ 53 J Proposed WSR 93-21-071 Washington State Register, Issue 93-21 or, in the absence of such instructions, have been subjected Note: An employer who wishes to apply for a permanent or temporary to triple-rinsing or its equivalent. variance shall make a request in writing to the ((1~11gi11eeFi11g)) (8) "Hazard" means that condition, potential or inherent, Standards Section, Department of Labor and Industries, Division of Industrial Safety and Health, P.O. Box((~)) 44620, which can cause injury, death, or occupational disease. Olympia, Washington, ((~)) 98507-4620. The engineering (9) "Safety factor" means the ratio of the ultimate section will respond by furnishing application forms along with breaking strength of a member or piece of material or the instructions necessary to meet the intent of the law. A copy equipment to the actual working stress or safe load when in of chapter 296-350 WAC, variances will be included if specifi- cally requested. use. (10) "Shall" or "must" means mandatory. AMENDATORY SECTION (Amending Order 75-2, filed (11) "Should" or "may" means recommended. 1124/75) ( 12) "Standard safeguard" means a device designed and constructed with the object of removing the hazard of WAC 296-306-020 Serious injury reporting. ((fB)) accident incidental to the machine, appliance, tool, building, The employer or someone in his/her behalf shall notify the or equipment to which it is attached. nearest office of the department of labor and industries Standard safeguards shall be constructed of either metal within 24 hours of the date of an accident ((wh.f.eh)) that or wood or other suitable material or a combination of these. causes a fatal or possibly fatal injury, an accident ((wfltefl.)) The final determination of the sufficiency of any safeguard that involves acute exposure{sl to any pesticides or herbi- rests with the director of the department of labor and cides or an accident ((wfltefi)) that causes injury requiring industries through the division of safety. hospitalization of any employees. See WAC 296-24-020 for (13) "Suitable" means that which fits, or has the additional reporting requirements. qualities or qualifications to meet a given purpose, occasion, (((2) WheH Elf!)' iflvestigator from the tfo13artmeF1t' s condition, function, or circumstance. si·,·isioH of safety flflS health B:FFh·es, the fflffH em13loyer shall (14) "Working day," for the purpose of appeals and assigH to assist ifl the iHYestigatioH aHy 13eFSoF1s the iHYestiga accident reporting, means a calendar day, except Saturdays, tOF seems HeeeSSflf)'. Sundays, and legal holidays, as set forth in RCW 1.16.050, (3) WheH a fatality oeeurs, equi13meHt iHvoh·es iH the as now or hereafter amended, and for the purposes of the aeeiseHt shall Hot ee moYes ufltil after a re13reseHtatiYe from computation of time within which an act is to be done under the si•;isioH of iHsustrial safety flflS health has eom13letes Elf! the provisions of this chapter, shall be computed by exclud- ifl'1'estigatiOfl UHJess the equi13meF1t must Be mo•,·es to j:3Fe't'eflt ing the first working day and including the last working day. assitioHa) aeeiEleHtS, Of to Femo;•e the vietiffi.)) (15) "Workmen," "personnel," "man," "person," "em- ployee," and other terms of like meaning, unless the context AMENDATORY SECTION (Amending Order 75-2, filed of the provision containing such term indicates otherwise, 1/24/75) mean an employee of an employer who is employed in the WAC 296-306-030 Employee's responsibility. ((fB business of his/her employer whether by way of manual EH113lo)·ees shall eoo13erate with the em13lo;yer aHEI other labor or otherwise and every person in this state who is eH113lo)·ees ifl efforts to elimiHate aeeiEleHts. engaged in the employment of or who is working under an (2) EH113lo)'ees shall ee iflfoFmeEI of af!s observe all safe independent contract ihe essence of which is his/her personal 13raetiees. labor for an employer whether by manual labor or otherwise. (3) Em1:3loyees shall Hotify the em13loyer of UH safe eoF1sitioHs of equi13meHt OF work 13laees. AMENDATORY SECTION (Amending Order 75-2, filed ( 4) Em13lo;yees shall use all requires safet)" Ele·,·iees aHEI 1/24/75) 13roteeti,•e equi13meHt. WAC 296-306-015 Variance procedures. (I) In the (5) Em13lo)·ees shall f!Ot willfull)' Sflffiflge 13eFSOHal event some requirements of this agricultural safety standard 13roteeti,•e equi13meHt. become impractical under certain conditions, the director of (6) Eaeh em13lo)'ee shall 13FOm13tl;y re130Ft aH)' joe relateEI the department of labor and industries may permit a variation iRjury OF illHess to his or her iHlmeEliate su13ert'isor, regflfEI from the requirements if the employer provides equal Jess of the segree of Se\\u2022efity. protection by other means and complies with the other (7) Em13loyees shall Hot eflgage iH Elf!)' aetivity l:IHFelateEI requirements of chapter 296-350 WAC, variances. to work that ma;y eat 1se iHjt 1r;y to other em13loyees St 1FiHg the (2) The written application must certify that the employ- eot:1rse of 13erformiHg work assigHmeHts. er has properly notified his/her employees of his/her applica- f81)) Employees shall attend any required training and/or tion for a variance. Proper notice to employees shall mean orientation programs designed to increase their competency that a copy of the written application has been posted in a in occupational safety and health. See WAC 296-24-025 for place or places reasonably accessible to all employees. In additional requirements. addition, a copy of the application shall be mailed to the (((9) EH113lo;yees shall Hot re13ort to work t:1F1Eler the authorized representative of such employees, if any. The iHflt 1eHee of aleohol or eoHtrolles st 1estaHees. Aleohol or notice shall advise employees and their representatives of eoHtrolleEI st 1estaHees shall Hot ee erot 1ght OH the work site.)) their right to request the director to conduct a hearing on the variance application. All the above notices to employees must be made prior to the date the employer makes written application to the director. Proposed [ 54] Washington State Register, Issue 93-21 WSR 93-21-071 ((P! .. RT B FIRST AID REQUIREMENTS)) this seetieR, stteh as ReepreRe, Ritrile rttbber, er PVC. Leather, eetteR, er ether abserbeRt t,·pe gle·.·es shall Ret be ((PART C HAND TOOLS)) Wffl'IT.- (e) WheR gle,·es fflttst be ttsecl as reqttiree iR this AMENDATORY SECTION (Amending Order 86-46, filed seetieR, eFRpleyees shall be pre.,·iclecl with eleaR gleves at the 4/22/87) begiRRiRg ef the werk shift aHcl at aRy time ettriRg the shift if the gle·,·es beeeme eoRtamiRatee eR the iRside. CleaR WAC 296-306-057 Hand tools. (I) Hoes with handles gle·,·es are ttHttsee gleves er Jlreviettsl,· ttsecl gle·,•es that ha'>'e less than four feet in length or any hand tool used for beeH washed with seafl aRd water, iRsiee aRd etttside. weeding or thinning crops, when used in a stooped position, (4) The respiratery flFOteetieR reqt1irett1eRts ef the are prohibited. geReral eeettpatioRal health staRclarcls, ehapter 298 82 'NAG, (2) Hand tools shall be kept in good condition. shall aflply wheR resf!irater)' preteetioH is reqttirecl by the (3) Hand tools shall be safely stored when not in use. flestieicle lase! er · .... heR a f!erFRissible eltpesttre litt1it of (4) Hand tools which are unsafe or defective shall not eheFRieals listed iR the air eeHtatt1iRaRt staRearcls ef ehapter be used. 298 82 \llAC are elteeedecl, or viheR respiratery preteetioR Note: When there is no other practical or adequate alternative, the is ttsecl te preteet empleyees iR eilygeH defieieRt atFRe director of the department of labor and industries, or his/her spheres, or ·v.•heR respirators are ttsed fer eFRergeRe)' er authorized representative may permit a variance pursuantto procedures prescribed by chapter 80, Laws of 1973, RCW resette ttse. 49.17.080 and 49.17.090 and chapter 296-350 WAC. ~)) Pesticide personal protective equipment require- ments. ((PART D PERSONAL PROTECTIVE EQUIP (a) The employer shall provide and require employees MENT)) to wear eye protection and gloves whenever opening or pouring out pesticide containers, mixing, loading, or transfer- AMENDATORY SECTION (Amending Order 92-24, filed ring pesticides or pesticide solutions, or washing or cleaning 3/5/93, effective 6/1/93) pesticide containers or tanks containing pesticides or apply- ing pesticides with hand-held equipment, or adjusting, WAC 296-306-060 Personal protective equipment. cleaning, or repairing pesticide application equipment ( 1) ((Ett1pleyers shall tt1ake eertaiR that ett1pleyees are containing pesticides. preteetee freffl iRjttr,· er itt1pBirtt1eRt ef BR'' beeil)' fttRetieR (b) Eye protection and gloves as required above shall be that tt1ight eeettr threttgh 8bserrtieR, iRhalatieR er physieal initially provided at no cost to the employee, including eeRtaet ef aRy sttbstaRee, Yaper, raeiatieR er ffleehaRieal replacement due to normal wear and tear thereafter. irritaRt. Aeeqttate preteetiYe eqt1iptt1eRt fer eyes, faee, heae (c) Unless otherwise stated by the pesticide label, eye 8RS elttrett1ities, preteetive elethiRg, respirater,· eeyiees, protection shall be either goggles, splash face shields, safety shiel6s aRe barriers shall be preYieee at Re eest te the glasses with front, brow, and temple protection, or a full-face ett1ple,·ees aRe ttsee where.,·er apprepriate. Stteh eqt1iptt1eRt respirator. shall be tt1aiRtaiRee iR saRitary aRcl reliable eeRclitieR. (d) Unless otherwise stated by the pesticide label, gloves (2) If ett1pleyees previee their ewR preteetiYe eqttip shall be made of chemical resistant material as defined in tt1eRt, the ett1pleyer shall reqttire that stteh eqt1iptt1eRt be this section, such as neoprene, nitrile rubber, or PVC. acleqttate, aRcl preperly tt1aiRtaiRee aRe saRitary. Leather, cotton, or other absorbent-type gloves shall not be (3) Eye preteeters shall be reqttirecl . ..,.here,·er werkers worn. are eJtpesee te flyiRg ebjeets, weleiRg er ettttiRg glare, (e) When gloves must be used as required in this iRjttrietts liqtticls, iRjttrietts racliatieR er aRy eett1biRatieR ef section, employees shall be provided with clean gloves at the these. Eye preteeters shall tt1eet the eriteria ef the Att1erieaR beginning of the work shift and at any time during the shift NatieRal StaRclaffi fer OeettpatieRal aRcl EcltteatieRal Eye _aRe if the gloves become contaminated on the inside. Clean Faee PreteetieR. gloves are unused gloves or previously used gloves that have (a) The ett1pleyer shall previcle aRcl reqttire ett1pleyees been washed with soap and water, inside and outside. te · ... ·ear eye preteetieR BRe gleYes viheRever epeRiRg er (2) Pesticide label-specified personal protective equip- pettriRg ettt pestieicle eeRtaiRers, tt1iltiRg, leacliRg, er traRsfer ment. riRg pestieicles er pestieiee seltttieRs, er washiRg er eleaRiRg (a) The respiratory protection requirements of the pestieicle eeRtaiRefS er taRkS eeRtaiRiRg pestieiees er apply general occupational health standards, chapter 296-62 WAC, iRg pestieicles with haRe held eqt1iptt1eRt, er acljttstiRg, shall apply when respiratory protection is required by the eleaRiRg, er repairiRg pestieiee applieatieR eqt1iptt1eRt pesticide label or when a pesticide permissible exposure limit eeRtaiRiRg pestieiees. of the chemicals listed in the air contaminant standards of (b) Eye preteetieR 8RS gleYeS as reqttirecl abeYe shall be chapter 296-62 WAC are exceeded. iRitially previcled at Re eest te the ett1pleyee, iRelttcliRg ill Any employee who works with or is exposed to replaeett1eRt cltte te RerFRal wear aRcl tear thereafter. pesticides shall use the clothing and personal protective (e) URless etherwise stated by the pestieide label, eye equipment specified on the labeling for use of the product. preteetieR shall be either geggles, splash faee shields, safety ((fbt)) ill Personal protective equipment (PPE) for glasses with freRt, brew, aRcl tett1ple preteetieR, er a fttll faee pesticide use means devices and apparel that are required by resp irater. pesticide labeling to be worn to protect the body from (cl) URless etherwise states by the pestieicle label, gle't·es contact with pesticides or pesticide residues, including, but shall be tt1acle ef ehett1ieal resistaRt tt1aterial as defiRed iR not limited to, coveralls, long-sleeved shirts, long-legged [ 55 l Proposed WSR 93-21-071 Washington State Register, Issue 93-21 pants, and socks, chemical-resistant suits, chemical-resistant (x) When "chemical-resistant headgear" is required, it gloves, chemical-resistant footwear, respiratory protection shall be either a chemical-resistant hood or a chemical- devices, chemical-resistant aprons, chemical-resistant resistant hat with a wide brim. headgear, and protective eyewear. ((fat))~ Exceptions to personal protective equipment (((et)) @Provision. When personal protective equip- specified on product labeling. ment is specified by the labeling of any pesticide for any (i) Body protection. handling activity, the employer shall provide the appropriate (A) A chemical-resistant suit may be substituted for personal protective equipment in clean and operating "coveralls," and any requirement for an additional layer of condition at no cost to the employee, including replacement clothing beneath is waived. due to normal wear and tear. Normal work clothing, (B) A chemical-resistant suit may be substituted for including long-sleeved shirts, long-legged pants, and socks, "coveralls" and a chemical-resistant apron. do not need to be provided by employers. (ii) Boots. If chemical-resistant footwear with sufficient (i) When "chemical-resistant" apparel is specified on the durability and a tread appropriate for wear in rough terrain product labeling, it shall be made of material that allows no is not obtainable, then leather boots may be worn in such measurable movement of the pesticide being used through terrain. the material during use. (iii) Gloves. If chemical-resistant gloves with sufficient (ii) When "waterproof personal protective equipment" durability and suppleness are not obtainable, then during are specified on the product labeling, they shall be made of handling activities with roses and other plants with sharp material that allows no measurable movement of water or thorns, leather gloves may be worn over chemical-resistant aqueous solutions through the material during use. glove liners. However, once leather gloves are. worn for (iii) When a "chemical-resistant suit" is required by the protection from pesticide exposure, thereafter they only shall product labeling, it shall be a loose-fitting, one- or two-piece be worn with chemical-resistant liners and they shall not be chemical-resistant garment that covers, at a minimum, the worn for any other use. entire body except head, hands, and feet. (iv) Closed systems. If handling tasks are performed (iv) When "coveralls" are specified on the product using properly functioning systems designed by the manufac- labeling, they shall be a loose-fitting, one- or two-piece turer to enclose the pesticide to prevent it from contacting garment, such as a cotton or cotton and polyester coveralls handlers or other persons and such systems are used and are that cover, at a minimum, the entire body except head, maintained in accordance with that manufacturer's written hands, and feet. The pesticide product labeling may specify operating instructions, exceptions to labeling-specified that coveralls be worn over another layer of clothing. personal protective equipment for the handling activity are (v) Gloves shall be of the type specified by the product permitted as provided in ((fd1))~(iv)(A) and (B) of this labeling. Gloves or glove linings made of leather, cotton, or subsection. other absorbent material may not be worn for the handling (A) Persons using a closed system to mix or load activities unless they are listed on the product labeling as pesticides with a signal word of DANGER or w ARNING may acceptable for such use. substitute a Jong-sleeved shirt, Jong-legged pants, shoes, (vi) When "chemical-resistant footwear" is specified by socks, chemical-resistant apron, and any protective gloves the product labeling, one of the following types of footwear specified on the labeling for handlers for the Jabeling- must be worn: specified personal protective equipment. (A) Chemical-resistant shoes. (B) Persons using a closed system to mix or load (B) Chemical-resistant boots. pesticides other than those in ((ftlt))fil(iv)(A) of this (C) Chemical-resistant shoe coverings worn over shoes subsection or to perform other handling tasks may substitute or boots. a Jong-sleeved shirt, Jong-legged pants, shoes, and socks for (vii) When "protective eyewear" is specified by the the labeling-specified personal protective equipment. product labeling, one of the following types of eyewear must (C) Persons using a closed system that operates under be worn: pressure shall wear protective eyewear. (A) Goggles. (D) Persons using a closed system shall have all (B) Face shield. personal protective equipment specified on the pesticide label (C) Safety glasses with front, brow, and temple protec- immediately available for use in an emergency. tion. (v) Enclosed cabs. If handling tasks are performed from (D) Full-face respirator. inside a cab that has a nonporous barrier which totally (viii) When a "chemical-resistant apron" is specified by surrounds the occupants of the cab and prevents contact with the product labeling, an apron that covers the front of the pesticides outside the cab, exceptions to personal protective body from mid-chest to the knees shall be worn. equipment specified on the product labeling for that handling (ix) When a respirator is specified by the product activity are permitted as provided in ((fdt)){~(v)(A) through labeling, it shall be appropriate for the pesticide product used (C) of this section. and for the activity to be performed. The employer shall (A) Persons occupying an enclosed cab may substitute assure that the respirator fits correctly by using procedures a long-sleeved shirt, long-legged pants, shoes, and socks for consistent with WAC 296-62-071. If the label does not the labeling-specified personal protective equipment. If a specify the type of respirator to be used, it shall meet the respiratory protection device is specified on the pesticide requirements of WAC 296-62-071. product labeling "for the handling activity, it must be worn. (B) Persons occupying an enclosed cab that has a properly functioning ventilation system which is used and Pmposed [ 56] Washington State Register, Issue 93-21 WSR 93-21-071 maintained in accordance with the manufacturer's written absorbent materials that have been drenched or heavily operating instructions and which is declared in writing by the contaminated with an undiluted pesticide that has the signal manufacturer and by a governmental agency to provide word DANGER or w ARNING on the label shall not be reused. respiratory protection equivalent to or greater than a (iii) The employer shall assure that contaminated dust/mist filtering respirator may substitute a long-sleeved personal protective equipment is kept separately and washed shirt, Jong-legged pants, shoes, and socks for the Jabeling- separately from any other clothing or laundry. specified personal protective equipment. If a respiratory (iv) The employer shall assure that all clean personal protection device other than a dust/mist filtering respirator is protective equipment shall be dried thoroughly before being specified on the pesticide product labeling, it must be worn. stored or put in a well-ventilated place to dry. (C) Persons occupying an enclosed cab that has a (v) The employer shall assure that all personal protec- properly functioning ventilation system which is used and tive equipment is stored separately from personal clothing maintained in accordance with the manufacturer's written and apart from pesticide-contaminated areas. operating instructions and which is declared in writing by the (vi) The employer shall assure that when dust/mist manufacturer and by a governmental agency to provide filtering respirators are used, the filters shall be replaced: respiratory protection equivalent to or greater than the vapor- (A) When breathing resistance becomes excessive. or gas-removing respirator specified on the pesticide product (B) When the filter element has physical damage or labeling may substitute a Jong-sleeved shirt, long-legged tears. pants, shoes, and socks for the labeling-specified personal (C) According to manufacturer's recommendations or protective equipment. If an air-supplying respirator or a pesticide product labeling, whichever is more frequent. self-contained breathing apparatus (SCBA) is specified on (D) In the absence of any other instructions or indica- the pesticide product labeling, it must be worn. tions of service life, after eight hours of use. (D) Persons occupying an enclosed cab shall have all (vii) The employer shall assure that when gas- and labeling-specified personal protective equipment immediately vapor-removing respirators are used the gas- or vapor- available inside the cab and shall wear such personal removing canisters or cartridges shall be replaced: protective equipment if it is necessary to exit the cab and (A) At the first indication of odor, taste, or irritation. contact pesticide-treated surfaces in the treated area. Once (B) According to the manufacturer's recommendations personal protective equipment is worn in the treated area, it or pesticide product labeling, whichever is more frequent. may not be worn into or taken into the cab. It must be (C) In the absence of any other instructions or indica- removed before reentering the cab and must be stored tions of service life, after eight hours of use. outside the cab or be taken into the cab only in a closed (viii) The employer shall inform any person who cleans chemical-resistant container. Occupants of an enclosed cab or launders personal protective equipment for the employer may exit and reenter the cab for the purposes of limited and is not the wearer: repairs or adjustments to the equipment after spraying is (A) That such equipment may be contaminated with stopped and the vehicle is moved at least 20 feet outside the pesticides. treated area. (B) The name of the pesticides that may have contami- ((fe1)) ill Use of personal protective equipment. nated this personal protective equipment. (i) The employer shall assure that personal protective (ix) The employer shall assure that handlers have clean equipment is used correctly for its intended purpose and is place(s) away from pesticide-storage and pesticide-use areas used according to the manufacturer's instructions. where they may: (ii) The employer shall assure that, before each use, all (A) Store personal clothing not in use. personal protective equipment is inspected for leaks, holes, (B) Put on label-specified personal protective equipment tears, or worn places, and any damaged equipment is at the start of any exposure period. repaired or discarded. (C) Remove label-specified personal protective equip- (iii) The employee shall use the provided personal ment at the end of any exposure period. protective equipment in accordance with instructions and (x) The employer shall not allow or direct any handler training received. to wear home or to take home label-specified personal (iv) The employee shall notify the employer of any protective equipment, including Jong-sleeved shirts, Jong- defects in personal protective equipment or when the Jegged pants or socks contaminated with pesticides. equipment becomes contaminated. ((fg-7)) ill Heat-related illness. When the use of ((ff+)) W Cleaning and maintenance of personal personal protective equipment is specified by the labeling of protective equipment. any pesticide for the handling activity, the employer shall (i) The employer shall launder or have laundered all assure that no handler is allowed or directed to perform the label-specified personal protective equipment, including Jong- handling activity unless the appropriate measures are sleeved shirts, Jong-legged pants and socks, according to the implemented if necessary to prevent heat-related illness. manufacturer's instructions or pesticide product labeling ((~))ill Employers shall instruct each employee in the instructions before each day of reuse. In the absence of any proper use of any item of personal protective equipment such instructions, it shall be washed thoroughly in detergent used. Such instruction shall include, but not be limited to. and hot water. any special limitations or precautions indicated by the (ii) If any personal protective equipment cannot be manufacturer. cleaned properly, the employer shall dispose of the personal Notes: I. Personal protective equipment, not used for pesticide handling protective equipment in accordance with any applicable is covered in chapter 296-24 WAC, Part A-2. federal, state, and Joc(!I regulations. Coveralls or other [ 57] Proposed WSR 93-21-071 Washington State Register, Issue 93-21 2. Respirators not used for pesticide handling is covered in TABLE B-1 chapter 296-62 WAC, Part E. HAXIHUH ALLOWABLE SLOPES ((PART E MATERIALS H! .. NDLING, FARM ""' SHOPS, GUARDING OF TOOLS l!A'llHUH ALLOWABLE SOIL OR RO'{ TYPE SLOPES(H:V)(t: FOR EXCAVATIONS LESS THAN 20 FEET ~ PART F FIRE PROTECTION AND IGNITION SOURCES STABLE ROCK 3/4 : l (53') VERTICAL (9CT') TYPE A [21 TY PE B 1:1 (45') PART G STORAGE AND HANDLING OF ANHY TY PE C !~:I (J4") DROUS AMMONI! .. VAT.ED WORK PLATFORMS, BULK STORAGE, ~ 1. Numbers shown in parentheses next to maximum allo.,..able slopes are PART H Ll .. DDERS, AERil .. L MANLIFTS, ELE ~ gles expressed in PITS, AND TRENCHES)) degrees from the horizontal. Angles have been rounded off. A short-term maximum allovable slope of l/ZR lV (63•) is allowed in e.xcavations in Type A soil chat .ue 12 feet (3.67 m) or less in depth. AMENDATORY SECTION (Amending Order 75-2, filed feet (3.67 m) in depth shall be J/4H: lV (SJ•). Short-tenn maxi~um allowable slopes for excavac.ions greater than 12 · 1/24175) 3. Sloping Or-benching for excavations greater than 20 feet deep shall be designed by a regis d professi~>nal engineer. WAC 296-306-110 Job-made ladders. (1) A job- made ladder is one built by the employer or his/her employ- ees. TABLE 1 (2) One-by-four-inch nominal lumber, or stronger, shall MAXIMUM ALLOW ABLE SLOPES be used for cleats. (3) Cleats shall be inset into the edges of side rails to a MAXIMUM ALLOWABLE SLOPES SOIL OR ROCK TYPE (ll:V)''' FOR EXCAVATION LESS depth of one-half inch, or filler blocks shall be used on the THAN 20 FEET DEEp<>I rails between the cleats. (4) Each cleat shall be fastened to each rail with three STABLE ROCK VERTICAL (90°) TYPE A 3/4:1 (53°) 8d common wire nails or other fasteners of equal strength. TYPEB 1:1 (45°) (5) Cleats shall be uniformly spaced at a distance of TYPEC 1 1/2:1 (34") approximately 12 inches from the top of one cleat to the top of the next. ~: (6) Side rails shall be continuous, unless splices used Pl Nmnbers sbowa in parentheses Dbl to maximum allowable slopes are anaJes eir:pressed in decrees rrom tlM boriwolnl. Aoales hue heed rounded orr. develop the full strength of a continuous rail of equal length. Pl Sloping or bmthina ror extaTotiom crealer dum l0 (eet deep diall be de:sipecl by a registend protmsioaa eogineer. AMENDATORY SECTION (Amending Order 92-24, filed 3/5/93, effective 6/1/93) (3) Requirements-Classification of soil and rock WAC 296-306-115 Bins, bunkers, hoppers, tanks, deposits. pits and trenches. (I) No employee shall enter any bin, (a) Each soil and rock deposit shall be classified by a bunker, hopper or similar area when there is a danger that competent person as Stable Rock, Type A, B, or C according loose materials (such as chips, sand, grain, gravel, sawdust, to the definitions set forth in WAC 296-155-66401. etc.) may collapse around the worker, unless the worker (b) Basis of classification. The classification of the wears a safety belt with a lifeline attached and is attended by deposits shall be made based on the results of at least one a helper. visual and at least one manual analysis. Such analyses shall be conducted by a competent person using tests in recog- Note: Silage pits are exempt from this section. nized methods of soil classification and testing such as those (2) When employees are required to work in a trench or adopted by the American Society for Testing Materials, or a pit 4 feet or more in depth, the trench or the pit shall be the U.S. Department of Agriculture textural classification shored or shall be sloped to the angle of repose as shown in system. the following table: AMENDATORY SECTION (Amending Order 75-2, filed 1/24/75) WAC 296-306-120 Agricultural aerial manlift equipment. (I) Safety factor test data on working or structural components submitted by the manufacturer, by a competent testing laboratory, by a registered engineering firm or a registered engineer shall be acceptable evidence that the manlift meets minimum safety requirements. If. however, through use, a reasonable doubt arises as to whether or not this equipment will meet the above require- ments, the division of industrial safety and health may Proposed [ 58] Washington State Register, Issue 93-21 WSR 93-21-071 require that appropriate tests be conducted and may order (4) Explosives or highly inflammable and/or toxic any corrections indicated. materials shall not be carried in or on any vehicle while it is (2) Working brake systems shall be on all aerial used to transport workers. manlifts. (5) Exhaust systems shall be installed and maintained in (3) Automatic restrictive orifices shall be installed in the proper condition, and shall be designed to eliminate the hydraulic systems of aerial manlifts to the boom in position exposure of the workers to exhaust gases and fumes. in case any part of the hydraulic pressure system should fail. (6) All vehicles which are specifically used for trans- (4) Controls shall be guarded by partial enclosures in porting agricultural workers shall be equipped with first-aid order to minimize the chances of accidental contact. equipment as specified in WAC ((296 306 050)) 296-24-060, (5) The manufacturer's recommended maximum load including two blankets and an approved fire extinguisher. limit shall be posted at a conspicuous place near the controls Note: When more than one vehicle is located at a station, one and shall be kept in a legible condition. equipped vehicle shall meet the intent of this section. (6) The manufacturer's instructional manual, if any, shall be used to establish the proper (7) No heating units in which there are open flames or operational sequences and maintenance procedures. If such a manual does not catalytic action shall be used in vehicles transporting crews. exist, the employer shall develop the necessary instructions. The instructions shall be available for reference by operators. AMENDATORY SECTION (Amending Order 92-24, filed (7) A daily visual inspection and the tests in accordance 3/5/93, effective 6/1/93) with the manufacturer's recommendations shall be made by WAC 296-306-165 General requirements for all the assigned operator. agricultural equipment. (1) Definitions. (8) Only workers qualified by reason of training or (a) "Agricultural equipment" means equipment used in experience shall be permitted to operate aerial manlifts. production or handling of agricultural products. (9) Defective aerial manlift equipment shall be reported (b) "Agricultural field equipment" means tractors, self- to the employer or his designated representative as soon as propelled implements, implements and combinations thereof identified. The use of defective equipment is prohibited used in agricultural operations. when the defect may cause an accident. (c) "Agricultural tractor" means a two-wheel or four- (10) When moving to and from the job site, the basket wheel drive type vehicle, or a track vehicle, of more than of the manlift shall be in the low position. twenty net engine horsepower (continuous brake power (11) Unsafe practices, including but not limited to, rating per Society of Automotive Engineers (SAE) J816b - sitting or standing on the basket edge, standing on material or the power recommended by the manufacturer for satisfac- placed across the basket, or working from a ladder set inside tory operation under the manufacturer specified continuous the basket, are prohibited. duty conditions), designed to furnish the power to pull, carry, (a) The basket shall not be rested on a fixed object in propel, or drive implements that are designed for agriculture. such a way that the weight of the boom is supported by the All self-propelled implements are excluded. basket. (d) "Augers" means screw conveyors and related (b) The employee or any part of agricultural aerial man- accessories designed primarily for conveying agricultural Iift equipment shall not come within a radius of ten feet materials on farms. from energized high voltage conductors, or into any part of (e) "Constant-running drives" means those drives which the zone any distance above such a radius. See chapter 296- continue to rotate when the engine is running. (With all 24 WAC, Part J-2, for additional requirements. clutches disengaged.) (f) "Farm field equipment" means tractors or imple- ((PART I WELI>INC ments, including self-propelled implements, or any combina- tion thereof used in agricultural operations. PART J ELECTRICAL (g) "Farmstead equipment" means agricultural equip- ment normally used in a stationary manner. This includes, PART K GENERAL REQUil~EMENTS FOR ACRI but is not limited to, materials handling equipment and CULTURAL EQUIPMENT AND TRUCKS)) accessories for such equipment whether or not the equipment is an integral part of a building. AMENDATORY SECTION (Amending Order 75-2, filed (h) "Guarding by location" means a component may be 1/24175) considered guarded· by location when, because of its location, WAC 296-306-160 Vehicles. Motor vehicles shall be it does not present a hazard during operation or maintenance. maintained in good mechanical condition at all times. A component seven feet or more above a working surface is (I) Under no circumstances shall workers ride on considered guarded by location. fenders or running boards of vehicles. (i) "Ground-drive equipment" means equipment using (2) No worker shall ride in or on any vehicle with power supplied by its pulled wheels to move gears, chains, his/her legs hanging over the end or sides. A safety bar sprockets, belts, pulleys, augers, tines, etc. shall be placed across the rear opening of all crew trucks (j) "Low profile tractor" means a wheel or track which are not equipped with tail gates. equipped vehicle possessing the following characteristics: (3) Vehicles used to transport workers shall be equipped (i) The front wheel spacing is equal to the rear wheel with a means of preventing tools or materials from striking spacing, as measured from the centerline of each right wheel employees in the event of sudden starts, stops or turns. to the centerline of the corresponding left wheel. [ 59 J Proposed WSR 93-21-071 Washington State Register, Issue 93-21 (ii) The clearance from the bottom of the tractor chassis (e) Lock out electrical power before performing mainte- to the ground does not exceed eighteen inches. nance or service on farmstead equipment. (iii) The highest point of the hood does not exceed sixty (8) Methods of guarding. Except as otherwise provided inches, and in this chapter, each employer shall protect employees from (iv) The tractor is designed so that the operator straddles coming into contact with moving machinery parts as follows: the transmission when seated. (a) Through the installation and use of a guard or shield (k) A "guard" or "shield" is a barrier which insures that or guarding by location; no part of an employee may come into contact with a hazard (b) Whenever a guard or shield or guarding by location created by a moving machinery part. is infeasible, by using a guardrail or fence. (I) "Power take-off shafts" are the shafts and knuckles (9) Strength and design of guards. between the tractor, or other power source, and the first gear (a) Where guards are used to provide the protection set, pulley, sprocket, or other components on power take-off required by this section, they shall be designed and located shaft driven equipment. to prevent inadvertent contact with the hazard being guarded. (2) Immediate priority shall be given to guarding of (b) Unless otherwise specified, each guard and its power take-off drives on all tractors and equipment. These supports shall be capable of withstanding the force that a must be guarded no later than January I, 1976. two hundred fifty pound individual, leaning on or falling (3) All other power transmission components must be against the guard, would exert upon that guard. guarded on all equipment manufactured on or after January (c) Guards shall be free from burrs, sharp edges, and 1, 1976. sharp corners, and shall be securely fastened to the equip- ( 4) If unguarded power transmission components on ment or building. older field equipment show evidence that they were once (10) Guarding by railings. Guardrails or fences shall be guarded, the guards shall be replaced by January 1, 1976. capable of preventing employees from inadvertently entering (5) The manufacturer's instruction manual, if published the hazardous area. by the manufacturer and currently available, shall be the (11) Servicing and maintenance. Whenever a moving source of information for the safe operation and maintenance machinery part presents a hazard during servicing or mainte- of field equipment. nance, the engine shall be stopped, the power source (6) The employer shall establish a written program disconnected, and all machine movement stopped before consisting of an energy control procedure, employee training, servicing or maintenance is performed, except where the and periodic inspections to ensure that before any employee employer can establish that: performs any servicing or maintenance on a machine or (a) The equipment must be running to be properly equipment where the unexpected energizing, start up, or serviced or maintained; release of stored energy could occur and cause injury, the (b) The equipment cannot be serviced or maintained machine, equipment, system, or process shall be isolated, and while a guard or guards are in place; and rendered inoperative. Whenever major replacement, repair, (c) The servicing or maintenance is safely performed. renovation, relocation, or modification of machines or (I 2) Shields, guards and access doors that will prevent equipment is performed, and whenever new machines or accidental contact with rotating machine parts on constant- equipment are installed, energy isolating devices for such ru nn ing drives shall be in place when the machine is machines or equipment shall be designed to accept a lockout running. This requirement shall not apply to combines device. where such guards could create fire hazards. (7) Operating instructions. At the time of initial (13) A guard or shield on stationary equipment shall be assignment and at least annually thereafter, the employer provided at the mesh point or pinch point where the chain or shall instruct every employee in the safe operation and belt contacts the sprocket or pulley. Revolving shafts shall servicing of all covered equipment with which he/she is or be guarded by a standard safeguard unless guarded by will be involved, including at least the following safe location. Shafts that protrude Jess than one-half the outside operating practices: diameter of the shaft are exempt from this section. (a) Keep all guards in place when the machine is in (14) Projections, such as exposed bolts, keys, or set operation; screws on sprockets, sheaves or pulleys on stationary (b) Passengers, other than persons required for instruc- equipment shall be shielded unless guarded by location. tion or machine operation shall not be permitted to ride on equipment unless a passenger seat or other protective device AMENDATORY SECTION (Amending Order 76-28, filed is provided. 9/28176) (c) Stop engine, disconnect the power source, and wait WAC 296-306-175 Farm field equipment guarding. for all machine movement to stop before servicing, adjusting, (I) Power takeoff guarding. cleaning, or unclogging the equipment, except where the (a) All power takeoff shafts, including rear, mid- or machine must be running to be properly serviced or main- side-mounted shafts, shall be guarded either by a master tained, in which case the employer shall instruct employees shield, as provided in item (l)(b) of this subdivision, or by as to all steps and procedures which are necessary to safely other protective guarding. service or maintain the equipment; (b) All tractors shall be equipped with an agricultural (d) Make sure everyone is clear of machinery before tractor master shield on the rear power takeoff except where starting the engine, engaging power, or operating the removal of the tractor master shield is permitted by item machine; (l)(c) of this subdivision. The master shield shall have Proposed [ 60 l Washington State Register, Issue 93-21 WSR 93-21-071 sufficient strength to prevent permanent deformation of the AMENDATORY SECTION (Amending Order 92-24, filed shield when a 250 pound operator mounts or dismounts the 3/5/93, effective 6/1/93) tractor using the shield as a step. (c) Power takeoff driven equipment shall be guarded to WAC 296-306-200 Rollover protective structures prevent employee contact with positively driven rotating (ROPS) for tractors used in agricultural operations. (I) members of the power drive system. Where power takeoff Scope. ~icultural tractors manufactured after October driven equipment is of a design requiring removal of the 25, 1976, shall meet the requirements in this section. tractor master shield, the equipment shall also include Agricultural tractors manufactured on or before October 25, protection from that portion of the tractor power takeoff 1976, shall meet the requirements of this section if they were shaft which protrudes from the tractor. sold with rollover protective structures (ROPS) or were (d) Signs shall be placed at prominent locations on designed to accommodate the addition of ROPS. tractors and power takeoff driven equipment specifying that Note: The promulgation of specific standards for rollover protective power drive system safety shields must be kept in place. structures for rubber-tired skid-steer equipment is reserved (2) Other power transmission components. pending promulgation of specific standards to cover such equipment. ROPS requirements contained in this section do not (a) The mesh or nip-points of all power driven gears, apply to rubber-tired skid-steer equipment used in agricultural belts, chains, sheaves, pulleys, sprockets and idlers shall be operations. guarded. (2) Rollover protective structure. A rollover protective (b) All revolving shafts, including projections such as structure (ROPS) shall be provided by the employer for each bolts, keys or set screws, shall be guarded, except smooth tractor operated by an employee. Except as provided in shaft ends protruding less than one-half the outside diameter of the shaft and its locking means. subsection (6) of this section, ROPS used on wheel-type (c) Ground driven components shall be guarded in tractors shall meet the test and performance requirements of WAC 296-306-250 through 296-306-25023 and ROPS used accordance with items (((2)(i)[(2)(a)] a11a (2)(ii)[(2)(e)])) on track-type tractors shall meet the test and performance (2)(a) and (b) of this subdivision if any employee may be requirements of WAC 296-306-260 through 296-306-270. exposed to them while the drives are in motion. (See ROPS Design and Testing Criteria Addendum.) (3) Functional components, such as snapping or husking (3) Seatbelts. rolls, straw spreaders and choppers, cutterbars, flail rotors, (a) Where ROPS are required by this section, the rotary beaters, mixing augers, feed rolls, conveying augers, employer shall: rotary tillers, and similar units which must be exposed for (i) Provide each tractor with a seatbelt which meets the proper function shall be shielded to a degree consistent with requirements of this subsection; the intended function and operator's vision of the compo- (ii) Require that each employee uses such seatbelt while nent. the tractor is moving; and ( 4) Access to moving parts. Where removal of a guard (iii) Require that each employee tightens the seatbelt or access door will expose an employee to any component sufficiently to confine the employee to the protected area which continues to rotate after the power is disengaged, the provided by the ROPS. employer shall provide, in the immediate area, the following: (b) Each seatbelt shall meet the requirements set forth (a) A safety sign warning the employee to: in ANSI/SAE J800 April 1986 Motor Vehicle Seat Belt (i) Look and listen for evidence of rotation; and Assemblies,* except as noted hereafter: (ii) Not remove the guard or access door until all (i) Where a suspended seat is used, the seatbelt shall be components have stopped; and fastened to the movable portion of the seat to accommodate (iii) On equipment manufactured after October 25, 1976, a ride motion of the operator. a readily visible or audible warning of rotation. (ii) The seatbelt anchorage shall be capable of with- (5) If the mounting steps or ladder and the handholds of standing tensile loading as required by WAC 296-306-275 the propelling vehicle are made inaccessible by installation (I) and (2). of other equipment, other steps and handholds shall be (iii) The seatbelt webbing material shall have a resis- provided on the equipment. . tance to acids, alkalis, mildew, aging, moisture and sunlight (6) A slip-resistant means or matenal shall be provided equal to or better than that of untreated polyester fiber. on the operator's steps and platform to minimize the possi- (4) Protection from spillage. Batteries, fuel tanks, oil bility of feet slipping. reservoirs and coolant systems shall be constructed and (7) Ground-drive equipment shall be shielded or guarded located or sealed to assure that spillage will not occur which as specified in WAC 296-306-165( 12) if operators are may come in contact with the operator in the event of an exposed to drives while they are in motion. upset. (5) Protection from sharp surfaces. All sharp edges and ((PART L ROLLOVER PROTECTIVE STRUC corners at the operator's station shall be designed to mini- TURES (ROPS) FOR TRACTORS USED IN mize operator injury in the event of an upset. AGRICULTURE AND INDUSTRY)) (6) Exempted uses. Subsections (2) and (3) of this section do not apply to the following uses: (a) "Low profile" tractors while they are used in orchards, vineyards or hop yards where the vertical clearance requirements would substantially interfere with normal [ 61 l Proposed WSR 93-21-071 Washington State Register, Issue 93-21 operations, and while their use is incidental to the work 7. Operate the tractor smoothly-no jerky turns, starts, or performed therein. stops. (b) "Low profile" tractors while used inside a farm 8. Hitch only to the drawbar and hitch points recommend- building or greenhouse in which the vertical clearance is ed by tractor manufacturers. insufficient to allow a ROPS equipped tractor to operate, and 9. When tractor is stopped, set brakes securely and use while their use is incidental to the work performed therein. park lock if available. (c) Tractors while used with mounted equipment which (I 0) Training. is incompatible with ROPS (e.g., cornpickers, cotton strip- (a) Every employee who operates an agriculture tractor pers, vegetable pickers and fruit harvesters.) shall be trained specifically in the operation of the tractor to (d) Track-type agricultural tractors whose overall width be used. Such training shall include an orientation of the (as measured between the outside edges of the tracks) is at operator to the topographical features of the land where the least three times the height of their rated center of gravity, tractor will be operated. Training shall emphasize safe and whose rated maximum speed in either forward or reverse operating practices to avoid roll-over. is not greater than seven miles per hour, when used only for (b) The tractor training program shall be described in tillage or harvesting operations and while their use is the written accident prevention programs required by WAC incidental thereto, and which: 296-306-035(7). (i) Does not involve operating on slopes in excess of forty percent from horizontal; and AMENDATORY SECTION (Amending Order 76-28, filed (ii) Does not involve operating on piled crop products 9/28176) or residue, as for example, silage in stacks or pits, and (iii) Does not involve operating in close proximity to WAC 296-306-25007 Test procedures. (I) General. irrigation ditches, streams or other excavations more than (a) The tractor weight used shall be that of the heaviest two feet deep which contain slopes of more than forty tractor model on which the protective frame is to be used. percent from horizontal; and (b) Each test required under this section shall be (iv) Does not involve construction-type operation, such performed on a new protective frame. Mounting connections as bulldozing, grading or land clearing. of the same design shall be used during each such test. (7) Remounting. Where ROPS are removed for any (c) Instantaneous deflection shall be measured and reason, they shall be remounted so as to meet the require- recorded for each segment of the test. See WAC 296-306- ments of this subsection. 25009 (J)(a) for permissible deflection.

Hazard pictograms

Used on Signs red square Fig. J-10 Do Not Start Tag © t , t ... White taQ white letters on D'"''"''"" A II C D ( F !; H red oval with a U11ih I 3 '/1 • 6 II , , Z I l 0 black square Fig. J-11 Fig. J-9 Danger Tag Symbol for Biological Hazard [ 47] Proposed WSR 93-21-071 Washington State Register, Issue 93-21 © I RADIATION I CAUTION DoG 0 Yellow taQ yellow letters in Yello'# taQ reddish ·purple panel yellow letters on a (Added wordinQ in black black back9round on yellow backQround l Fig. J-12 Fig. J-14 Caution Tag Radiation Tag BIO HAZARD OUT OF ORDER White taQ blacx letters on White tag nuorescent-oronQe white letters on b.cckQround and black back9raund Fig. J-13 Fig. J-15 Out of Order Tag Biological Hazard Tag Proposed [ 48] Washington State Register, Issue 93-21 WSR 93-21-071 TABLE J-1 [TABLE J-3:PART 2-"Be Careful" Safety Sign] STANDARD PROPORTIONS FOR DANGER SIGNS Maximum Sign Black Red Word Maximum Sign Green Word Space size, rectangular oval, danger, space available size, panel, "Be" "Careful" available for inches panel, inches inches height inches inches, height of for sign sign wording Height Height Width Height Width inches wording, inches height, letters, below panel, Width width inches inches, height, width HORIZONTAL PATIERN 7xl0·33/8x93/8 1 1/4 I 3/16 2 112 x .9 3/8 7xl0 3 114 x 9 3/8 2 7/8 x 8 1/2 I 7116 2 3/4 x 9 3/8 10xl4 4 114 x 13 3/8 1 3/4 2 3/16 4 x 13 3/8 10xl4 45/8xl33/8 4 118 x II 7/8 2 1116 4 114 x 13 3/8 14x20 6 114 x 19 3/8 2 1/2 3 118 6 x 19 3/8 14x20 6 1/2 x 19 3/8 5 3/4 x 17 2 7/8 6 114 x 19 3/8 20x28 9 112 x 27 3/8 3 112 4 3/8 9 114 x 27 3/8 20x28 9 114 x 27 3/8 8 114 x 23 7/8 4 118 9 1/2 x 27 3/8 UPRIGHT PATTERN IOx 7 2 3/8 x 6 3/8 2 118 x 5 7/8 1 1116 63/8x 63/8 TABLE J-4 14xl0 3 114 x 9 3/8 2 7/8 x 8 1/2 I 7/16 9 112 x 9 3/8 STANDARD PROPORTIONS FOR DIRECTIONAL SIGNS 20xl4 45/8xl33/8 4 118 x II 7/8 2 1116 14 x 13 3/8 28x20 6112xl93/8 5 3/4 x 17 2 7/8 20 114 x 19 3/8 Maximum Black rec- White arrow, inches space TABLEJ-2 tangular for sign Sign panel, Arrow wording STANDARD PROPORTIONS FOR CAUTION SIGNS size inches head Arrow tail below inches height Overall height shaft height panel height width length width height width height Sign Maximum size, Black Word space available inches rectangular "Caution" for sign 6 l/2xl4 3 1/4 x 12 518 2 3/4 x I 1/8 2 3/8 x 2 1/4 x height panel, inches height of wording below 13 3/8 3 3 1/4 13 3/8 width height width letter, panel inches inches height width 9x20 4 112 x 18 5/8 3 3/4 x I 5/8 3 1/4 x 3 3/8 x 19 3/8 4 1/8 4 1/2 19 3/8 HORIZONTAL PATTERN 12x28 6 x 26 518 5 1/8 x 7 x 10 2 1/8 2 114 x 9 3/8 4 3/8 x 4 3/4 x I 5/8 3 114 x 9 3/8 27 3/8 5 5/8 6 27 3/8 10 x 14 3 114 x 13 3/8 2 114 5 112 x 13 3/8 14 x 20 3 3/4 x 19 3/8 2 3/4 9 x 19 3/8 15x36 7 112 x 20 x 28 34 5/8 4 114 x 27 3/8 6 3/8 x 2 5/8 3 114 5 112 x 6 114 x 14 112 x 27 3/8 35 3/8 6 718 7 1/2 35 3/8 UPRIGHT PATTERN 10 x 7 I 5/8 x 6 3/8 I 118 7 x 6 3/8 Appendix A-Recommended color coding. 14 x 10 2 114 x 9 3/8 I 5/8 10112x93/8 20 x 14 3 114 x 13 3/8 2 114 15 112 x 13 3/8 While the standard does not specifically mandate colors 28 x 20 3 3/4 x 19 3/8 2 3/4 24 x 19 3/8 to be used on accident prevention tags, the following color scheme is recommended by OSHA for meeting the require- TABLE J-3 ments of this section: STANDARD PROPORTIONS FOR SAFETY INSTRUCTION SIGNS "DANGER"-Red, or predominantly red, with lettering or symbols in a contrasting color. [TABLE J-3: PART 1-"Think" Safety Sign] "CAUTION"-Yellow, or predominantly yellow; with lettering or symbols in a contrasting color. Maximum "WARNING"-Orange, or predominantly orange, ·with Sign Green Word Space lettering or symbols in a contrasting color. size, rectangular "Think" available for "BIOLOGICAL HAZARD"-Fluorescent orange or orange- inches, panel, height sign wording height, inches, letters, below panel, red, or predominantly so, with lettering or symbols in a width height, inches inches height, contrasting color. width Appendix B-References for further information. 7xl0 2 3/4 x 9 3/8 I 5/8 3 112 x .9 3/8 The following references provide information which can 10xl4 3 114 x 13 3/8 2 114 5 112 x 13 3/8 be helpful in understanding the requirements contained in 14x20 3 3/4 x 19 3/8 2 3/4 9 xl93/8 20x28 4 114 x 27 3/8 3 114 14 112 x 27 3/8 various sections of the standard: 1. Bresnahan, Thomas F., and Bryk, Joseph. "The Hazard Association Values of Accident Prevention Signs", Journal of American Society of Safety Engineers: January 1975. 2. Dreyfuss, H., Symbol Sourcebook, McGraw Hill: New York, NY, 1972. [ 49] Proposed WSR 93-21-071 Washington State Register, Issue 93-21 3. Glass, R. A. and others, Some Criteria for Colors and AMENDATORY SECTION (Amending Order 88-25, filed Signs in Workplaces, National Bureau of Standards, Wash- 11114/88) ington D.C., 1983. WAC 296-24-58503 Scope, application and defini· 4. Graphic Symbols for Public Areas and Occupational tions applicable. (I) Scope. This section contains require- Environments, Treasury Board of Canada, Ottawa, Canada, ments for fire brigades, and all portable and fixed fire July 1980. suppression equipment, fire detection systems, and fire m 5. Howett, G. L., Size of letters Required for Visibility as a Function of Viewing Distance and Observer Acuity, employee alarm systems installed to meet the fire protection National Bureau of Standards, Washington D.C., July 1983. requirements of this chapter. 6. Lerner, N. D., and Collins, B. l., The Assessment of (2) Application. This section applies to all employments except for maritime, and construction((, aHEI agrie1 1lt1 1re)) Safety Symbol Understandability by Different Testing (3) Definitions applicable to this section. Methods, National Bureau of Standards, Washington D.C., (a) "After-flame," means the time a test specimen 1980. 7. Lerner, N. D. and Collins, B. L., Workplace Safety continues to flame after the flame source has been removed. Symbols, National Bureau of Standards, Washington D. C., (b) "Aqueous film forming foam (AFFF)," means a fluorinated surfactant with a foam stabilizer which is diluted 1980. with water to act as a temporary barrier to exclude air from 8. Modley, R. and Meyers, W. R., Handbook of Pictorial mixing with the fuel vapor by developing an aqueous film Symbols, Dover Publication, New York, NY, 1976. 9. Product Safety Signs and labels, FMC Corporation, on the fuel surface of some hydrocarbons which is capable Santa Clara, CA, 1978. of suppressing the generation of fuel vapors. (c) "Approved," means acceptable to the director under JO. Safety Color Coding for Marking Physical Hazards, Z53.J, American National Standards Institute, New York, NY, the following criteria: 1979. (i) If it is accepted, or certified, or listed, or labeled m 11. Signs and Symbols for the Occupational Environ- otherwise determined to be safe by a nationally recognized ment, Can. 3-Z-321-77, Canadian Standards Association, testing laboratory; or Ottawa, September 1977. (ii) With respect to an installation or equipment of a 12. Symbols for Industrial Safety, National Bureau of kind which no nationally recognized testing laboratory Standards, Washington D.C., April 1982. accepts, certifies, lists, labels, or determines to be safe, if it is inspected or tested by another federal agency and found in Signs, U.S. Department of Transportation, compliance with the provisions of the applicable National Washington D.C., November 1974. Fire Protection Association Fire Code; or (iii) With respect to custom-made equipment or related AMENDATORY SECTION (Amending Order 73-5, filed installations which are designed, fabricated for, and intended 5/9/73 and Order 73-4, filed 517173) for use by its manufacturer on the basis of test data which WAC 296-24-33003 Scope. This section applies to the the employer keeps and makes available for inspection to the handling, storage, and use of flammable and combustible director; and liquids with a flash point below 200°F. This section does (iv) For the purposes of (c) of this subsection: not apply to: (A) Equipment is listed if it is of a kind mentioned in (I) Bulk transportation of flammable and combustible a list which is published by a nationally recognized testing liquids; laboratory which makes periodic inspections of the produc- (2) Storage, handling, and use of fuel oil tanks and tion of such equipment and which states that such equipment containers connected with oil burning equipment; meets nationally recognized standards or has been tested and ((8terage ef flafflfflaele aHEI eefflel lstiele lic.11 1iEis eH found safe for use in a specified manner; ~ (B) Equipment is labeled if there is attached to it a f41)) Liquids without flashpoints that may be flammable label, symbol, or other identifying mark of a nationally under some conditions, such as certain halogenated hydrocar- recognized testing laboratory which makes periodic inspec- bons and mixtures containing halogenated hydrocarbons; tions of the production of such equipment and whose ((~)) ffi Mists, sprays, or foams, except flammable labeling indicates compliance with nationally recognized aerosols covered in WAC 296-24-33009; or standards or tests to determine safe use in a specified ((f67)) ill ln6tallations made in accordance with manner; requirements of the following standards: (C) Equipment is accepted if it has been inspected and (a) National Fire Protection Association Standard for found by a nationally recognized testing laboratory to Drycleaning Plants, NFPA No. 32-1970; conform to specified plans or to procedures of applicable (b) National Fire Protection Association Standard for the codes; Manufacture of Organic Coatings, NFP A No. 35-1970; (D) Equipment is certified if it has been tested and (c) National Fire Protection Association Standard for found by a nationally recognized testing laboratory to meet Solvent Extraction Plants, NFPA No. 36-1967; or nationally recognized standards or to be safe for use in a (d) National Fire Protection Association Standard for the specified manner or is of a kind whose production is Installation and Use of Stationary Combustion Engines and periodically inspected by a nationally recognized testing Gas Turbines, NFPA No. 37-1970. laboratory, and if it bears a label, tag, or other record of certification; and Proposed [ 50] Washington State Register, Issue 93-21 WSR 93-21-071 (E) Refer to federal regulation 29 CFR 1910. 7 for coherent blanket which seals combustible vapors and thereby definition of nationally recognized testing laboratory. extinguishes the fire. (d) "Automatic fire detection device," means a device (u) "Gaseous agent," is a fire extinguishing agent which designed to automatically detect the presence of fire by heat, is in the gaseous state at normal room temperature and flame, light, smoke or other products of combustion. pressure. It has low viscosity, can expand or contract with (e) "Buddy-breathing device," means an accessory to changes in pressure and temperature, and has the ability to self-contained breathing apparatus which permits a second diffuse readily and to distribute itself uniformly throughout person to share the same air supply as that of the wearer of an enclosure. the apparatus. (v) "Halon 1211," means a colorless, faintly sweet (f) "Carbon dioxide," means a colorless, odorless, smelling, electrically nonconductive liquefied gas (chemical electrically nonconductive inert gas (chemical formula C02) formula CBrCIF2) which is a medium for extinguishing fires that is a medium for extinguishing fires by reducing the by inhibiting the chemical chain reaction of fuel and oxygen. concentration of oxygen or fuel vapor in the air to the point It is also known as bromochlorodifluoromethane. where combustion is impossible. (w) "Halon 1301," means a colorless, odorless, electri- (g) "Class A fire," means a fire involving ordinary cally nonconductive gas (chemical formula CBrF3) which is combustible materials such as paper, wood, cloth, and some a medium for extinguishing fires by inhibiting the chemical rubber and plastic materials. chain reaction of fuel and oxygen. It is also known as (h) "Class B fire," means a fire involving flammable or bromotrifluoromethane. combustible liquids, flammable gases, greases and similar (x) "Helmet," is a head protective device consisting of materials, and some rubber and plastic materials. a rigid shell, energy absorption system and chin strap (i) "Class C fire," means a fire involving energized intended to be worn to provide protection for the head or electrical equipment where safety to the employee requires portions thereof, against impact, flying or falling objects, the use of electrically nonconductive extinguishing media. electric shock, penetration, heat and flame. U) "Class D fire," means a fire involving combustible (y) "Incipient stage fire," means a fire which is in the metals such as magnesium, titanium, zirconium, sodium, initial or beginning stage and which can be controlled or lithium and potassium. extinguished by portable fire extinguishers, Class II stand- (k) "Dry chemical," means an extinguishing agent pipe or small hose systems without the need for protective composed of very small particles of chemicals such as, but clothing or breathing apparatus. not limited to, sodium bicarbonate, potassium bicarbonate, (z) "Inspection," means a visual check of fire protection urea-based potassium bicarbonate, potassium chloride, or systems and equipment to ensure that they are in place, monoammonium phosphate supplemented by special treat- charged, and ready for use in the event of a fire. ment to provide resistance to packing and moisture absorp- (aa) "Interior structural frre fighting," means the physical tion (caking) as well as to provide proper flow capabilities. activity of fire suppression, rescue or both, inside of build- Dry chemical does not include dry powders. ings or enclosed structures which are involved in a fire (I) "Dry powder," means a compound used to extinguish situation beyond the incipient stage. or control Class D fires. (bb) "Lining," means a material permanently attached to (m) "Education," means the process of imparting the inside of the outer shell of a garment for the purpose of knowledge or skill through systematic instruction. It does thermal protection and padding. not require formal classroom instruction. (cc) "Local application system," means a fixed fire (n) "Enclosed structure," means a structure with a roof suppression system which has a supply of extinguishing or ceiling and at least two walls which may present fire agent, with nozzles arranged to automatically discharge hazards to employees, such as accumulations of smoke, toxic extinguishing agent directly on the burning material to gases and heat similar to those found in buildings. extinguish or control a fire. (o) "Extinguisher classification," means the letter (dd) "Maintenance," means the performance of services classification given an extinguisher to designate the class or on fire protection equipment and systems to assure that they classes of fire on which an extinguisher will be effective. will perform as expected in the event of a fire. Maintenance (p) "Extinguisher rating," means the numerical rating differs from inspection in that maintenance requires the given to an extinguisher which indicates the extinguishing checking of internal fitting, devices and agent supplies. potential of the unit based on standardized tests developed (ee) "Multipurpose dry chemical," means a dry chemical by Underwriters' Laboratories, Inc. which is approved for use on Class A, Class B and Class C ( q) "Fire brigade," (private fire department, industrial fires. fire department) means an organized group of employees (ff) "Outer shell," is the exterior layer of material on the who are knowledgeable, trained, and skilled in at least basic fire coat and protective trousers which forms the outermost fire fighting operations. barrier between the fire fighter and the environment. It is (r) "Fixed extinguishing system," means a permanently attached to the vapor barrier and liner and is usually con- installed system that either extinguishes or controls a fire at structed with a storm flap, suitable closures, and pockets. the location of the system. (gg) "Positive-pressure breathing apparatus," means self- (s) "Flame resistance," is the property of materials, or contained breathing apparatus in which the pressure in the combinations of component materials, to retard ignition and breathing zone is positive in relation to the immediate restrict the spread of flame. environment during inhalation and exhalation. (t) "Foam," means a stable aggregation of small bubbles (hh) "Predischarge employee alarm," means an alarm which flow freely over a burning liquid surface and form a which will sound at a set time prior to actual discharge of an [ 511 Proposed WSR 93-21-071 Washington State Register, Issue 93-21 extinguishing system so that employees may evacuate the ((PART !~ GENERAL AND EDUCATIONAL RE discharge area prior to system discharge. QUIREMENTS)) (ii) "Quick disconnect valve," means a device which starts the flow of air by inserting of the hose (which leads AMENDATORY SECTION (Amending Order 86-46, filed from the facepiece) into the regulator of self-contained 4/22/87) breathing apparatus, and stops the flow of air by disconnec- tion. of the hose from the regulator. WAC 296-306-003 Subsections, subdivisions, items, (jj) "Sprinkler alarm," means an approved device subitems, and segments. (I) That portion of section installed so that any watertlow from a sprinkler system equal numeration appearing after the chapter designation appears in either a three digit or a five digit format (e.g., WAC 296- to or greater than that from single automatic sprinkler will 306-330 and 296-306-33002). The final two digits of the result in an audible alarm signal on the premises. (kk) "Sprinkler system," means a system of piping section number are implied decimal extensions of the first designed in accordance with fire protection engineering three digits and represent a further division of the three digit standards and installed to control or extinguish fires. The enumeration. (2) Sections of this chapter may be divided into subsec- system includes an adequate and reliable water supply, and tions (1), (2), (3), etc., which may in turn be divided into a network of specially sized piping and sprinklers which are subdivisions (a), (b), (c), etc., which may be further divided interconnected. The system also includes a control valve and into items (i), (ii), (iii), etc., which may be further divided a device for actuating an alarm when the system is in into subitems (A), (B), (C), etc., which may be further operation. divided into segments (I), (II), (III), etc., all according to the (II) "Standpipe systems:" following hierarchy, e.g., (i) "Class I standpipe system," means a two and one- half-inch (6.3 cm) hose connection for use by fire depart- Sections 296-306-330 and ments and those trained in handling heavy fire streams. 296-306-33002 (ii) "Class II standpipe system," means a one and one- Subsections (I) half-inch (3.8 cm) hose system which provides a means for (2) the control or extinguishment of incipient stage fires. (iii) "Class III standpipe system," means a combined Subdivisions (a) system of hose which is for the use of employees trained in (b) the use of hose operations and which is capable of furnishing (i) Items effective water discharge during the more advanced stages of (ii) fire (beyond the incipient stage) in the interior of workplaces. Hose outlets are available for both one and Subitems (A) one-half-inch (3.8 cm) and two and one-half-inch (6.3 cm) (B) hose. Segments (I) (iv) "Small hose system," means a system of hose (II) ranging in diameter from five-eighths-inch (1.6 cm) up to one and one-half-inch (3.8 cm) which is for the use of ((~Jete: "PllFI" 11s 11sefl iR this st&REl&FEI FRe&RS 11 FRajeF Eli, isieR ef this eh&flleF rel11tiRg le 11 Sf!eeifie lef!ie eF lef!ies &REI eeRt&iRiRg employees and which provides a means for the control and i'llFieHs Fel11tefl seetieRs.)) extinguishment of incipient stage fires. (mm) "Total flooding system," means a fixed suppres- AMENDATORY SECTION (Amending Order 92-24, filed sion system which is arranged to automatically discharge a 315193, effective 611/93) predetermined concentration of agent into an enclosed space for the purpose of fire extinguishment or control. WAC 296-306-010 Purpose and scope. (1) The (nn) "Training," means the process of making proficient standards in this chapter apply to all agricultural operations through instruction and hands-on practice in the operation of with one or more employees, when such employees are equipment, including respiratory protection equipment, that covered by the Washington Industrial Safety and Health Act is expected to be used in the performance of assigned duties. (WISHA). Agriculture operations are defined as all opera- ( oo) "Vapor barrier," means that material used to tions necessary to farming and ranching, including mainte- prevent or substantially inhibit the transfer of water, corro- nance of equipment and machinery, and planting, cultivating, sive liquids and steam or other hot vapors from the outside growing or raising, keeping for sale, harvesting, or transport- of a garment to the wearer's body. ing on the farm or to the first place of processing any tree, plant, fruit, vegetable, animal, fowl, fish, or insects or AMENDATORY SECTION (Amending Order 73-5, filed products thereof. Agricultural operations include all employ- 519173 and Order 73-4, filed 517173) ers in one or more of the following Standard Industrial

2.2 Label elements

Each ROPS shall have a label, perma- (d) Seat reference point (SRP) in Fig. C-3((1)) is that nently affixed to the structure, which states: point where the vertical line that is tangent to the most (a) Manufacturer's or fabricator's name and address; forward point at the longitudinal seat centerline of the seat (b) ROPS model number, if any; back, and the horizontal line that is tangent to the highest (c) Tractor makes, models, or series numbers that the point of the seat cushion intersect in the longitudinal seat structure is designed to fit; and section. The seat reference point shall be determined with (d) That the ROPS model was tested in accordance with the seat unloaded and adjusted to the highest and most the requirements of this section. rearward position provided for seated operation of the (9) Operating instructions. Every employee who tractor. operates an agricultural tractor shall be informed of the (e) Where the centerline of the seat is off the longitudi- operating practices contained in Exhibit A of this section and nal center, the frame loading shall be on the side with the of any other practices dictated by the work environment. least space between the centerline of seat and the protective Such information shall be provided at the time of initial frame. assignment and at least annually thereafter. (f) Low temperature characteristics of the protective * Copies may be obtained from the American National Standards frame or its material shall be demonstrated as specified in Institute, 11 West 42nd Street, New York, N.Y. 10036. WAC 296-306-25009 (l)(b). (g) Rear input energy tests (static, dynamic, or field EXHIBIT A upset) need not be performed on frames mounted to tractors EMPLOYEE OPERATING INSTRUCTIONS having 4 driven wheels and more than one-half their Securely fasten your seat belt if the tractor has a ROPS. unballasted weight on the front wheels. I. (h) Accuracy table: 2. Where possible, avoid operating the tractor near ditches, embankments and holes. 3. Reduce speed when turning, crossing slopes and on Measurements Accuracy rough, slick or muddy surfaces. Deflection of frame, inches ± 5 percent of deflection (millimeters) . . . . . . . . . . . . . . . . . . 4. Stay off slopes too steep for safe operation. mea~ured. Vehicle weight, pounds ± 5 percent of the weight 5. Watch where you are going, especially at row ends, on (kilograms) . . . . . . . . . . . . . . . . . . . measured. roads and around trees. Force applied to frame. pounds ± 5 percent of force mea~ured. 6. Passengers. other than persons required for instruction force (newtons) ............... . Dimensions of critical zone, or machine operation, shall not be permitted to ride on ± 0.5 inch (I 2.5millimeters). inches (millimeters) ............ . equipment unless a passenger seat or other protective device is provided. (2) Static test procedure. Proposed [ 62 J Washington State Register, Issue 93-21 WSR 93-21-071 (a) The following test conditions shall be met: (i) Apply the rear load in accordance with Fig. C-3 and (i) The laboratory mounting base shall be the tractor record L and D simultaneously. Rear load application shall chassis for which the protective frame is designed, or its be uniformly distributed on the frame over an area perpen- equivalent. dicular to the direction of load application, no greater than (ii) The protective frame shall be instrumented with the 160 square inches (1032 sq. cm.) in size, with the largest necessary equipment to obtain the required load deflection dimension no greater than 27 inches (686 mm). The load data at the locations and directions specified in Fig. C-2 and shall be applied to the upper extremity of the frame at the C-3. point which is midway between the center of the frame and (iii) If the protective frame is of a one or two upright the inside of the frame upright. If no structural cross design, mounting connections shall be instrumented with the member exists at the rear of the frame, a substitute test beam necessary equipment to record the required force to be used which does not add strength to the frame may be utilized to in subsection (2)(c)(v) and (x) of this section. Instrumenta- complete this test procedure. The test shall be stopped tion shall be placed on mounting connections before installa- when: tion load is applied. (A) The strain energy absorbed by the frame is equal to (b) The following definitions shall apply: or greater than the required input energy Eir or; W = Tractor weight includes the protective frame or (B) Deflection of the frame exceeds the allowable deflection (see WAC 296-306-25009 (l)(a)), or enclosure, all fuels, and other components required for normal use of the tractor. Ballast (C) Frame load limit (see Figure C-5) occurs before the allowable deflection is reached in rear load. shall be added as necessary to achieve a mini- (ii) Using data obtained in subsection (2)(c)(i) of this mum total weight of 110 pounds (50.0 kg.) per maximum power takeoff horsepower at the section, construct the L-D diagram as shown typically in Fig. C-5. rated engine speed or the maximum gross (iii) Calculate Eir. vehicle weight specified by the manufacturer, (iv) Calculate FERir. whichever is the greatest. Front end weight shall be at least 25 percent of the tractor test (v) Calculate FSB where required by subsection (2)(a)(iii) of this section. weight. In case power takeoff horsepower is not available, 95 percent of net engine fly- (vi) Apply the side load tests on the same frame and wheel horsepower shall be used. record Land D simultaneously. Side load application shall Eis = Energy input to be absorbed during side load- be at the upper extremity of the frame at a 90 degree angle ing in ft-lb (E'is in m-kg.). to the center line of the vehicle. The side load shall be Eis= 723 + 0.4 W (E'is = 100 + 0.12 W'). applied to the longitudinal side farthest from the point of Eir = Energy input to be absorbed during rear load- rear load application. Apply side load L as shown in Fig. C- ing in ft-lb (E'ir in m-kg.). 2. The test shall be stopped when: Eir = 0.47 W (E'ir = 0.14 W'). (A) The strain energy absorbed by the frame is equal to L = Static load, lbf [pounds force], (N) [newtons]. or greater than the required input energy Eis or; D = Deflection under L, in. (mm). (B) Deflection of the frame exceeds the allowable L-D = Static load-deflection diagram. deflection (see WAC 296-306-25009 (l)(a)) or; Lmax = Maximum observed static load. (C) Frame load limit (see Figure C-5) occurs before the allowable deflection is reached in side load. Load Limit = Point on a continuous L-D curve where ob- (vii) Using data obtained in subsection (2)(c)(vi) of this served static load in 0.8 Lmax on down slope section, construct the L-D diagram as shown typically in Fig. C-5. of curve (refer to Fig. C-5). (viii) Calculate Eis. Eu = Strain energy absorbed by the frame, ft-lb (m- (ix) Calculate FERis. kg). Area under L-D curve. FER = Factor of energy ratio. (x) Calculate FSB where required by subsection Eu (2)(a)(iii) of this section. (3) Dynamic test procedure. FERis =-- Eis (a) The following test conditions shall be met: (i) The protective frame and tractor shall be tested at the Eu weight as defined in WAC 296-306-25007 (2)(b). FERir =-- (ii) The dynamic loading shall be accomplished by use Eir of a 4410 lb. (2000 ((KG)) .!5g) weight acting as a pendulum. Pb = Maximum observed force in mounting connec- The impact face of the weight shall be 27 ± 1 inch by 27 ± tion under static load, L lbf(N). 1 inch (686 ± 25 mm by 686 ± 25 mm) and shall be Pu = Ultimate force capacity of mounting connec- constructed so that its center of gravity is within 1 inch (25.4 tion, lbf(N). mm) of its geometric center. The weight shall be suspended FSB = Design margin for mounting connection. from a pivot point 18 to 22 feet (5.5-6.7 m) above the point Pu of impact on the frame and shall be conveniently and safely FSB =-- adjustable for height (see Fig. C-6). Pb (iii) For each phase of testing, the tractor shall be restrained from moving when the dynamic load is applied. (c) The test procedures shall be as follows: The restraining members shall have strength no less than, [ 63] Proposed WSR 93-21-071 Washington State Register, Issue 93-21 and elasticity no greater than, that of 0.50 inches (12.7 mm) shown in Fig. C-8. The impact shall be applied to the upper steel cable. Points of attachment of restraining members extremity of the frame at the point which is midway between shall be located an appropriate distance behind the rear axle the center line of the frame and the inside of the frame and in front of the front axle to provide a 15 to 30 degree upright. If no structural cross member exists at the rear of angle between a restraining cable and the horizontal. For the the frame, a substitute test beam which does not add to the impact from the rear, the restraining cable shall be located strength of the frame may be utilized to complete the procedure. in the plane in which the center of gravity of the pendulum (iii) Impact at side: The blocking and restraining shall will swing, or alternatively, two sets of symetrically located conform to subsection (3)(a)(iii) and (3)(a)(iv) of this cables may be used at lateral locations on the tractor. For section. The point of impact shall be at the upper extremity impact from the side, restraining cables shall be used as of the frame at a point most likely to hit the ground first and shown in Figures C-8 and C-9. at a 90 degree angle to the center line of the vehicle as (iv) The front and rear wheel tread settings, where shown in Fig. C-9. The side impact shall be applied to the adjustable, shall be at the position nearest to halfway longitudinal side farthest from the point of rear impact. between the minimum and maximum settings obtainable on ( 4) Field upset test procedure. the vehicle. Where only two settings are obtainable, the (a) The following test conditions shall be met: minimum setting shall be used. The tires shall have no (i) The tractor shall be tested at the weight as defined in liquid ballast and shall be inflated to the maximum operating WAC 296-306-25007 (2)(b ). pressure recommended by the manufacturer. With specified (ii) The test shall be conducted on a dry, firm soil bank. tire inflation, the restraining cable shall be tightened to The soil in the impact area shall have an average cone index provide tire deflection of 6 to 8 percent of nominal tire in the 0 to 6 inch (0 to 152 mm) layer of not less than 150. section width. After the vehicle is properly restrained, a Cone index shall be determined in accordance with Ameri- wooden beam no less than 6 x 6 inches ( 150 x 150 mm) can Society of Agricultural Engineers Recommendation cross section shall be driven tightly against the appropriate ASAE R3 I 3. l, Soil Cone Penetrometer ( 1971 ). * The path wheels and clamped. For the test to the side, an additional of vehicle travel shall be 12 ± 2 degrees to the top edge of wooden beam shall be placed as a prop against the wheel the bank. nearest the operator's station and shall be secured to the base (iii) An 18 inch (457 mm) high ramp as described in so that it is held tightly against the wheel rim during impact. Fig. C-10 shall be used to assist in upsetting the vehicle to The length of this beam shall be chosen so that it is at an the side. angle of 25 to 40 degrees to the horizontal when it is (iv) The front and rear wheel tread settings, where positioned against the wheel rim. It shall have a length 20 adjustable, shall be at the position nearest to halfway to 25 times its depth and a width 2 to 3 times its depth. between the minimum and maximum settings obtainable on (See Figs. C-8 and C-9.) the vehicle. Where only two settings are obtainable, the (v) Means shall be provided for indicating the maximum minimum setting shall be use. instantaneous deflection along the line of impact. A simple (b) Field upsets shall be induced to the rear and side. friction device is illustrated in Fig. C-4. (i) Rear upset shall be induced by engine power with (vi) No repairs or adjustments shall be made during the the tractor operating in a gear to obtain 3 to 5 miles per hour test. (4.8 to 8.0 km per hour) at maximum governed engine rpm (vii) If any cables, props, or blocking shift or break by driving forward directly up a minimum slope of 60° ± 5° during the test, the test shall be repeated. as shown in Fig. C-11 or by an alternative equivalent means. (b) H = Vertical height of center of gravity of 4410 The engine clutch may be used to aid in inducing the upset. pounds (2000 kg) weight in inches (H' in mm). The weight (ii) To induce side upset, the tractor shall be driven shall be pulled back so that the height of its center of gravity under its own power along the specified path of travel at a above the point of impact is: minimum speed of 10 miles per hour (16 km per hour), or H = 4.92 + 0.00190 W or H' = 125 + 0.170 W'. at maximum vehicle speed if under 10 miles per hour (16 km per hour), and over the ramp as described in subsection (Fig. C-7). (4)(a)(iii) of this section. (c) The test procedures shall be as follows: (i) The frame shall be evaluated by imposing dynamic AMENDATORY SECTION (Amending Order 91-01, filed 5/20/91, effective 6/20/91 ) loading from the rear followed by a load to the side on the same frame. The pendulum swinging from the height WAC 296-306-260 Rollover protective structures determined by subsection (3)(b) of this section shall be used (ROPS) for material handling equipment. (I) Coverage. to impose the dynamic load. The position of the pendulum ((fft1)) This section applies to the following types of material shall be so selected that the initial point of impact on the handling equipment: To all rubber-tired, self-propelled frame is in line with the arc of travel of the center of gravity scrapers, rubber-tired front-end loaders, rubber-tired dozers, of the pendulum. Where a quick release mechanism is used, wheel-type agricultural and industrial tractors, crawler it shall not influence the attitude of the block. tractors. crawler-type loaders, and motor graders, with or (ii) Impact at rear: The tractor shall be properly without attachments, that are used in agricultural work. This restrained in accordance with subsection (3)(a)(iii) and requirement does not apply to side-boom pipelaying tractors. (3)(a)(iv) of this section. The tractor shall be positioned (2) Material handling machinery described in subsection with respect to the pivot point of the pendulum so that the ( 1) of this section and manufactured on or after October 25. pendulum is 20 degrees from the vertical prior to impact as 1976, shall be equipped with rollover protective structures Proposed [ 64 J Washington State Register, Issue 93-21 WSR 93-21-071 which meet the minimum performance standards prescribed Lm-Dm = Modified static load-deflection diagram (Figure C- in WAC 296-306-260 and 296-306-265, as applicable. 30). To account for increase in strength due to (3) Rollover protective structures and supporting increase in strain rate, raise L in plastic range to L attachment shall meet the minimum performance criteria x K. detailed in WAC 296-303-26001 and 296-306-265, as K = Increase in yield strength induced by higher rate of applicable, or shall be designed, fabricated, and installed in loading (1.3 for hot rolled low carbon steel 1010- a manner which will support, based on the ultimate strength 1030). Low carbon is preferable; however, if of the metal, at least two times the weight of the prime higher carbon or other material is used, K must be mover applied at the point of impact. determined in the laboratory. Refer to Charles H. (a) The design objective shall be to minimize the Norris, et al., Structural Design for Dynamic Loads likelihood of a complete overturn and thereby minimize the (I 959), p. 3. possibility of the operator being crushed as a result of a Lmax = Maximum observed static load. rollover or upset. Load (b) The design shall provide a vertical clearance of at Limit = Point on L-D curve where observed static load is least 52 inches from the work deck to the ROPS at the point 0.8 Lmax (refer to Figure C-5). of ingress or egress. Eu = Strain energy absorbed by the frame, ft.-lb. (m. - (4) Remounting. ROPS removed for any reason, shall kg) area under Lm-Dm curve. be remounted with equal quality, or better, bolts or welding FER = Factor of energy ratio, FER = Eu/Eis; also = Eu/ as required for the original mounting. Eir. Each ROPS shall have the following Pb = Maximum observed force in mounting connection information permanently affixed to the structure: under static load, L, lb. (kg.). (a) Manufacturer or fabricator's name and address; FSB = Design margin for mounting connection FSB = (Pu/ (b) ROPS model number, if any; Pb)-1. (c) Machine make, model, or series number that the H =Vertical height of lift of 4,410 lb. (2,000 kg.) structure is designed to fit. weight, in. (H', mm.). The weight shall be pulled back so that the height of its center of gravity AMENDATORY SECTION (Amending Order 92-24, filed above the point of impact is defined as follows: H 315193, effective 6/1/93) = 4.92 + 0.00190 W or (H' = 125 = 0.107 W') (Figure C-7). WAC 296-306-265 Protective frame (ROPS) test procedures and performance requirements for wheel-type (d) Source of standard. The standard in this section is agricultural and industrial tractors used in agriculture. derived from, and restates, Society of Automotive Engineers (I) Definitions applicable to this section. Standard J334a (July 1970), Protective Frame Test Proce- (a) SAE J333a, Operator Protection for Wheel-Type dures and Performance Requirements. This standard shall be Agricultural and Industrial Tractors (July 1970) defines resorted to in the event that questions of interpretation arise. "agricultural tractor" as a "wheel-type vehicle of more than The standard appears in the 197 I SAE handbook. 20 engine horsepower designed to furnish the power to pull, (2) General. carry, propel, or drive implements that are designed for (a) The purpose of this section is to set forth require- agricultural usage." Since this chapter applies only to ments for frames for the protection of operators of wheel- agriculture work, the following definition of "agricultural type agricultural and industrial tractors to minimize the tractor" is adopted for purposes of this ((pt!ff)) chapter: possibility of operator injury resulting from accidental upsets "Agricultural tractor" means a wheel-type vehicle of more during normal operation. With respect to agricultural and than 20 engine horsepower, which is designed to furnish the industrial tractors, the provisions of WAC 296-306-260 and power to pull, propel, or drive implements. 296-306-270 for rubber-tired dozers and rubber-tired loaders (b) "Industrial tractor" means that class of wheeled type may be utilized in lieu of the requirements of this section. tractor of more than 20 engine horsepower (other than (b) The protective frame which is the subject of this rubber- tired loaders and dozers described in WAC 296-306- standard is a structure mounted to the tractor that extends 26001 ), used in operations such as landscaping, construction above the operator's seat and conforms generally to Figure services, loading, digging, grounds keeping, and highway C-10. maintenance. (c) If an overhead weather shield is attached to the (c) The following symbols, terms, and explanations protective frame, it may be in place during tests: Provided, apply to this section: That it does not contribute to the strength of the protective frame. If such an overhead weather shield is attached, it Eis = Energy input to be absorbed during side loading. must meet the requirements of subsection ( 10) of this Eis= 723 + 0.4 W ft.-lb. (E'is = 100 + 0.12 section. W',m.-kg). (d) For overhead protection requirements, see WAC Eir = Energy input to be absorbed during rear loading. 296-306-270. Eir = 0.47 W ft. - lb. (E'ir = 0.14 W', m. - kg). W = Tractor weight as prescribed in WAC 296-306-265 (e) If protective enclosures are used on wheel-type agricultural and industrial tractors, they shall meet the (5)(a) and (5)(c) in lb. (W', kg). L = Static load, lb. (kg.). requirements of Society of Automotive Engineers Standard 1168 (July 1970), Protective Enclosures, Test Procedures, D = Deflection under L, in. (mm.). and Performance Requirements. L-D = Static load-deflection diagram. C 65 I Proposed WSR 93-21-071 Washington State Register, Issue 93-21 (3) Applicability. The requirements of this section (e) The upper edge of the bank shall be equipped with apply to wheel-type agricultural tractors used in agriculture an 18 in. (457 mm.) high ramp as described in Figure C-2 work and to wheel-type industrial tractors used in construc- to assist in tipping the vehicle. tion type work. See subsection ( 1) of this section for (f) The front and rear wheel tread settings, where definitions of agricultural tractors and industrial tractors. adjustable, shall be at the position nearest to halfway (4) Performance requirements. between the minimum and maximum settings obtainable on (a) Either a laboratory test or a field test is required in the vehicle. Where only two settings are obtainable, the order to determine the performance requirements set forth in minimum setting shall be used. subsection (10) of this section. (g) Vehicle overturn test-Sideways and rearward. (b) A laboratory test may be either static or dynamic. (i) The tractor shall be driven under its own power The laboratory test must be under conditions of repeatable along the specified path of travel at a minimum speed of 10 and controlled loading in order to permit analysis of the m.p.h. (16 km./hr.) or maximum vehicle speed if under 10 protective frame. m.p.h. (16 km./hr.) up the ramp as described in subdivision (c) A field upset test, if used, shall be conducted under (e) of this subsection to induce sideways overturn. reasonably controlled conditions, both rearward and side- (ii) Rear upset shall be induced by engine power with ways, to verify the effectiveness of the protective frame the tractor operating in gear to obtain 3-5 m.p.h. (4.8-8 km./ under actual dynamic conditions. hr.) at maximum governed engine r.p.m. preferably by (5) Test procedure-General. driving forward directly up a minimum slope of two vertical (a) The tractor used shall be the tractor with the greatest to one horizontal. The engine clutch may be used to aid in weight on which the protective frame is to be used. inducing the upset. (b) A new protective frame and mounting connections (7) Other test procedures. When the field upset test is of the same design shall be used for each test procedure. not used to determine ROPS performance, either the static (c) Instantaneous and permanent frame deformation shall test or the dynamic test, contained in subsection (8) or (9) of be measured and recorded for each segment of the test. this section, shall be made. (d) Dimensions relative to the seat shall be determined (8) Static test. with the seat unloaded and adjusted to its highest and most (a) Test conditions. rearward latched position provided for a seated operator. (i) The laboratory mounting base shall include that part (e) If the seat is offset, the frame loading shall be on the of the tractor chassis to which the protective frame is side with the least space between the centerline of the seat attached including the mounting parts. and the upright. (ii) The protective frame shall be instrumented with the (f) The low temperature impact strength of the material necessary equipment to obtain the required load deflection used in the protective structure shall be verified by suitable data at the locations and directions specified in Figure C-3, material tests or material certifications in accordance with C-4, and C-5. WAC 296-306-26001 (7)(b)(iv). (iii) The protective frame and mounting connections (6) Test procedure for vehicle overturn. shall be instrumented with the necessary recording equip- (a) Vehicle weight. The weight of the tractor, for ment to obtain the required load-deflection data to be used purposes of this section, includes the protective frame, all in calculating FSB (see subsection (I )(c) of this section). fuels, and other components required for normal use of the The gauges shall be placed on mounting connections before tractor. Ballast must be added if necessary to achieve a the installation load is applied. minimum total weight of 130 lb. (59 kg.) per maximum (b) Test procedure. power takeoff horsepower at rated engine speed. The weight (i) The side load application shall be at the upper of the front end must be at least 33 lb. (15 kg.) per maxi- extremity of the frame upright at a 90° angle to the center- mum power takeoff horsepower. In case power takeoff line of the vehicle. The side load "L" shall be applied horsepower is unavailable, 95 percent of net engine flywheel according to Figure C-3. "L" and "D" shall be recorded horsepower shall be used. simultaneously. The test shall be stopped when: (b) Agricultural tractors shall be tested at the weight set (A) The strain energy absorbed by the frame is equal to forth in subdivision (a) of this subsection. the required input energy (Eis) or ( c) Industrial tractors shall be tested with items of (B) Deflection of the frame exceeds the allowable integral or mounted equipment and ballast that are sold as deflection, or standard equipment or approved by the vehicle manufacturer (C) The frame load limit occurs before the allowable for use with the vehicle where the protective frame is deflection is reached in the side load. expected to provide protection for the operator with such (ii) The L-D diagram, as shown by means of a typical equipment installed. The total vehicle weight and front end example in Figure C-6, shall be constructed, using the data weight as tested shall not be less than the weights estab- obtained in accordance with item (i) of this subdivision. lished in subdivision (a) of this subsection. (iii) The modified Lm-Dm diagram shall be constructed (d) The test shall be conducted on a dry, firm soil bank according to item (ii) of this subdivision and according to as illustrated in Figure C-2. The soil in the impact area shall Figure C-6. The strain energy absorbed by the frame (Eu) have an average cone index in the 0.6 in. (153 mm.) layer shall than [then] be determined. not less than 150 according to American Society of Agricul- (iv) Eis, FER, and FSB shall be calculated. tural Engineers Recommendations ASAE R3 l 3, Soil Cone (v) The test procedure shall be repeated on the same Penetrometer. The path of travel of the vehicle shall be 12° frame utilizing L (rear input; see Figure C-5) and Eir. Rear ± 2° to the top edge of the bank. load application shall be uniformly distributed along a Proposed [ 66] Washington State Register, Issue 93-21 WSR 93-21-071 maximum projected dimension of 27 in. (686 mm.) and a shall be so selected that the initial point of impact on the maximum area of 160 sq. in. (1,032 sq. cm.) normal to the frame shall be in line with the arc of travel of the center of direction of load application. The load shall be applied to gravity of the pendulum. A quick release mechanism should the upper extremity of the frame at the point which is be used but, if used, shall not influence the attitude of the midway between the centerline of the seat and the inside of block. the frame upright. (ii) Impact at rear. The tractor shall be properly (9) Dynamic test. restrained according to subdivisions (a)(iii) and (iv) of this (a) Test conditions. section. The tractor shall be positioned with respect to the (i) The protective frame and tractor shall meet the pivot point of the pendulum such that the pendulum is 20° requirements of subsection (6)(b) or (c) of this section, as from the vertical prior to impact, as shown in Figure C-8. appropriate. The impact shall be applied to the upper extremity of the (ii) The dynamic loading shall be produced by use of a frame at the point which is midw~y between the centerline 4,410 lb. (2,000 kg.) weight acting as a pendulum. The of the seat and the inside of the frame upright of a new impact face of the weight shall be 27 plus or minus 1 in. by frame. 27 plus or minus 1 in. (686 + or - 25 mm.) and shall be (iii) Impact at side. The block and restraining shall constructed so that its center of gravity is within I in. (25.4 conform to subdivisions (a)(iii) and (iv) of this subsection. mm.) of its geometric center. The weight shall be suspended The point of impact shall be that structural member of the from a pivot point 18-22 ft. (5.5-6.7 m.) above the point of protective frame likely to hit the ground first in a sideways impact on the frame and shall be conveniently and safely accidental upset. The side impact shall be applied to the adjustable for height. (See Figure C-6.) side opposite that used for rear impact. (iii) For each phase of testing, the tractor shall be (10) Performance requirements. restrained from moving when the dynamic load is applied. (a) General. The restraining members shall be of 0.5-0.63 in. (12.5-16 (i) The frame, overhead weather shield, fenders, or other mm.) steel cable and points of attaching restraining members parts in the operator area may be deformed but shall not shall be located an appropriate distance behind the rear axle shatter or leave sharp edges exposed to the operator, or and in front of the front axle to provide a 15 °-30° angle violate dimensions as shown in Figures C-2 and C-3 as between a restraining cable and the horizontal. The restrain- follows: ing member shall either be in the plane in which the center D = 2 in. (51 mm.) inside of frame upright to vertical gravity of the pendulum will swing or more than one centerline of seat. restraining cable shall give a resultant force in this plane. E = 30 in. (762 mm.). (See Figure C-8.) F =Not less than 0 in. and not more than 12 in. (305 (iv) The wheel tread setting shall comply with the mm.), measured at centerline front of seat backrest requirements of subsection (6)(f) of this section. The tires to crossbar along the line of load application as shall have no liquid ballast and shall be inflated to the shown in Figure C-3. maximum operating pressure recommended by the tire manufacturer. With specified tire inflation, the restraining G = 24 in. (610 mm.). cables shall be tightened to provide tire deflection of 6-8 (ii) The material and design combination used in the percent of nominal tire section width. After the vehicle is protective structure must be such that the structure can meet properly restrained, a wooden beam 6 x 6 in. (15 x 15 cm.) all prescribed performance tests at zero degrees Fahrenheit shall be driven tightly against the appropriate wheels and in accordance with WAC 296-306-26001 (7)(b)(iv). clamped. For the test to the side, an additional wooden (b) Vehicle overturn performance requirements. The beam shall be placed as a prop against the wheel nearest the requirements of this subsection ( 10) must be met in both side operator's station and shall be secured to the floor so that it and rear overturns. is held tightly against the wheel rim during impact. The (c) Static test performance requirements. Design factors length of this beam shall be chosen so that when it is shall be incorporated in each design to withstand an overturn positioned against the wheel rim it is at an angle of 25°-40° test as prescribed in this subsection (10). The structural to the horizontal. It shall have a length 20-25 times its depth requirements will be generally met if FER is greater than I and a width two to three times its depth. (See Figures C-8 and FSB is greater than K-1 in both side and rear loadings. and C-9.) (d) Dynamic test performance requirements. Design (v) Means shall be provided indicating the maximum factors shall be incorporated in each design to withstand the instantaneous deflection along the line of impact. A simple overturn test prescribed in this subsection (10). The structur- friction device is illustrated in Figure C-9. al requirements will be generally met if the dimensions in (vi) No repair or adjustments may be carried out during this subsection ( 10) are adhered to in both side and rear the test. loads. (vii) If any cables, props, or blocking shift or break during the test, the test shall be repeated. ((Pl.RT M FIELD SANITATION)) (b) Test procedure. (i) General. The frame shall be evaluated by imposing dynamic loading to rear followed by a load to the side on the same frame. The pendulum dropped from the height (see definition "H" in subsection (l)(c) of this section) imposes the dynamic load. The position of the pendulum [ 67] Proposed WSR 93-21-071 Washington State Register, Issue 93-21 AMENDATORY SECTION (Amending Order 86-46, filed after the expiration of the applicable reentry interval and 4/22/87) before employee reentry is permitted. Employees working in an area scheduled for a pesticide application shall be WAC 296-306-300 Field sanitation-Scope. WAC informed of the application and shall vacate the area to be 296-306-300 through 296-306-320 shall apply to any sprayed prior to the application of the pesticide. agricultural establishment where one or more employees are engaged on any given hand-labor operations in the field. (5) Signs shall be legible for the duration of use and Except that WAC 296-306-320(3) (Handwashing facilities) wording shall be in English and Spanish. (6) Signs shall meet the following c1iteria: (Unless EPA and 296-306-320(4) (Toilet facilities) do not apply to signs are used). employers of workers who: (a) The background color shall be white. ( 1) Are engaged in field activities for the production of grains, seeds, livestock, or livestock feed; or (b) The border at least one-half inch in width shall be (2) Use vehicles, machinery, or animals as part of their red. (c) The words "DANGER" and "PELIGRO" shall be at the field activities and, when needed, can transport themselves top. Letters for these words shall be black and at least two to and from toilet and handwashing facilities. and one-half inches in height. Note: For sanitation requirements relating to permanent agricultural (d) The words "pesticides" and "pesticidas" shall be at operations, see chapter 296-24 WAC, Part B-1. the top but below the words "DANGER" and "PELIGRO," respectively. Letters for these words shall be black and at AMENDATORY SECTION (Amending Order 92-24, filed least one inch in height. 3/5/93, effective 6/1193) (e) The center of the sign shall contain a circle com- WAC 296-306-400 Posting requirements. ( 1) When prised of a one-inch thick red line and contain an upraised a pesticide having a reentry interval greater than twenty-four hand in black with the white words "STOP" and "ALTO," hours is applied to a labor-intensive agricultural crop, the respectively shown on the palm in the center of the circle. pesticide-treated area shall be posted with warning signs in The hand shall be at least six inches in length. accordance with the requirements of this section. Sign (f) The words "NO ENTRY" and "ENTRADA PROHIBIDA" design may be either the state design as illustrated by figure shall be at the bottom. Letters for these words shall be 1 or the officially adopted sign of the Environmental black and at least one and one-half inches in height. Protection Agency. (Reference federal regulation 40 CFR (g) Sizes of letters and symbols listed are minimum 170.120.) acceptable size posters. Larger posters may be used provid- ed the proportionate size of letters and symbols are main- Note: After April I, 1994, the United States Environmental Protection Agency will require that their sign design must be posted at all tained. usual points of workers entry to any area treated with toxicity (7) A small black and white facsimile of the warning category 1 pesticides, that have labels with the signal word sign meeting these requirements is shown in Figure I. danger." (2) Definitions for the purposes of this section are: (a) "Labor-intensive agricultural crop" means crops !It!" u.ncu requiring substantial hand-labor for planting, thinning, cultivating, pruning, harvesting, or other agricultural activi- r ·>DANGER PELIGRO ties. Labor-intensive agricultural crops include but are not u:nus -> PESTICIDES PESTICIDAS limited to apples, cherries, peaches, berries, hops, grapes, r asparagus, pears, plums, nectarines, onions, cucumbers, "llCD" TlllCK cauliflower, and squash. By virtue of mechanization, crops ClltCLC such as, but not limited to, wheat, oat, and barley are 1u:-.n excluded unless substantial hand-labor is utilized. \\ILLnr. •"TALL (b) "Reentry interval" means the length of time after an application until personnel will be allowed to reenter a treated area for work purposes without personal protective 1111aur.1 -) equipment. (3) Pesticide ~arning signs required under this section 11::· shall be posted in such a manner as to be clearly visible u.nr.as NO ENTRADA 4 from all usual points of entry to the pesticide-treated area. ENTRY PROHIBIDA If there are no usual points of entry or the area is adjacent to an unfenced public right of way, signs shall be posted: (a) At each corner of the pesticide-treated area; and REPEALER (b) At intervals not exceeding six hundred feet; and/or (c) At other locations approved by the department that The following sections of the Washington Administra- provide maximum visibility. tive Code are repealed: (4) The signs shall be posted within twenty-four hours WAC 296-306-025 Management's responsibility. before scheduled application of the pesticide, and remain WAC 296-306-045 First-aid training and certifica- posted during application and throughout the applicable tion. reentry interval. Signs shall be removed within two days WAC 296-306-050 First-aid kit. Proposed [ 68] Washington State Register, Issue 93-21 WSR 93-21-071 WAC 296-306-055 Safe place standards. update existing rule language that has become obsolete due WAC 296-306-061 Machinery and machine guard- to statutory and other rule language changes. ing. Proposal Changes the Following Existing Rules: WAC WAC 296-306-065 Materials handling and storage. 296-31-095 is repealed; and amending WAC 296-30-010, WAC 296-306-070 Reserved. 296-30-020, 296-30-050, 296-30-060, 296-30-080, 296-30- WAC 296-306-075 Bench grinders. 081, 296-30-130, 296-31-020, 296-31-060, 296-31-065, 296- WAC 296-306-080 Guarding of hand-held portable 31-080, and 296-31-090. power tools. No small business economic impact statement is WAC 296-306-084 Portable abrasive wheels. required for this proposal by chapter 19.85 RCW. WAC 296-306-085 Fire protection and ignition Proposed Amendments to Rule: Chapter 296-30 WAC, sources. Rules for the administration of the crime victim compensa- WAC 296-306-090 Storage and handling of anhy- tion program and chapter 296-31 WAC, Crime victim mental drous ammonia. health treatment. Multiple amendments are proposed to WAC 296-306-095 Elevated walkways and plat- these chapters. The primary purpose of the proposed forms. amendments are to remove the mental health fee schedule WAC 296-306-100 Handrails. from Washington Administrative Code. These amendments WAC 296-306-125 Gas welding and cutting. are part of a statewide effort to place all state health care WAC 296-306-130 Welding. purchasing programs under a single schedule of maximum WAC 296-306-135 Arc welding and cutting. allowable fees. The proposed amendments would clarify the WAC 296-306-140 Welding areas protected. meaning of existing rules and update rule language that has WAC 296-306-145 Electrical. been superseded by statute and other rule changes. Regulatory Fairness Act: The Washington Regulatory Fairness Act, chapter 19.85 RCW, requires that proposed rules which have an economic impact on more than 20 WSR 93-21-072 percent of all industries, or I 0 percent of any one industry PROPOSED RULES DEPARTMENT OF as determined by the standard industry classification (SIC) codes, shall be reviewed to determine if there exists a LABOR AND INDUSTRIES proportionately higher economic burden of compliance on [Filed October 20, 1993, 9:49 a.m.] small business. Small businesses are defined as businesses Original Notice. having fifty or less employees. Title of Rule: Mental health fee schedule. Summary of Economic Analysis: The department has Purpose: To remove mental health fees from adminis- determined that the proposed amendments would have no trative rules, to clarify meaning of existing rules and to economic impact on small businesses within pertinent update rule language that has been superseded by statute and industries as determined by the standard industry classifica- other rule changes. tion (SIC) codes. The proposed amendments do not alter the Statutory Authority for Adoption: RCW 43.22.050. current mental health fee schedule, thus, reimbursement to Statute Being Implemented: Chapter 7.68 RCW. providers of mental health services would remain constant. Summary: The rule removes the schedule of maximum Similarly, the proposed clarifying amendments are house- fee for mental health treatment from administrative rule, keeping in nature and would have no economic impact. clarifies existing rule language and updates obsolete rule Conclusion: The department has evaluated the econom- language. ic impact of the proposed rule changes in accordance with Reasons Supporting Proposal: The proposal is needed the Regulatory Fairness Act and with recommendations from to comply with a statewide movement to a uniform fee the regulatory fairness task force, and concluded that the schedule, to clarify existing rule language and to update proposed amendments would have no economic impact on obsolete rule language. small business. Thus, neither a more substantive small Name of Agency Personnel Responsible for Drafting, business economic impact analysis nor a proposal for the Implementation and Enforcement: Rich Ervin, 7273 mitigation of an adverse economic impact is necessary. Linderson Way S.W., Tumwater, (206) 956-5340. Hearing Location: Department of Labor and Industries, Name of Proponent: Department of Labor and Indus- Auditorium, 7273 Linderson Way S.W., Tumwater, WA, on tries, governmental. November 23, 1993, at 9:00 a.m. Rule is not necessitated by federal law, federal or state Submit Written Comments to: Crime Victims Section, court decision. P.O. Box 44520, Olympia, WA 98504-4520, by November Explanation of Rule, its Purpose, and Anticipated 22, 1993. Effects: The primary purpose of the rule is to remove the Date of Intended Adoption: December 23, 1993. schedule of maximum fees from administrative rule as a part . October 20, 1993 of a statewide effort to place all state health care purchasing Mark 0. Brown programs under a single schedule of maximum allowable Director fees. This action will have no effect on service to either claimants or providers as the fees themselves do not change. Other purposes are to clarify existing rule language that agency experience has indicated needs clarification and to [ 69] Proposed WSR 93-21-072 Washington State Register, Issue 93-21 AMENDATORY SECTION (Amending WSR 89-23-004, (9) "Department" means the department of labor and filed 11/3/89, effective 11110/89) industries. (10) "Services provided" means services covered un~er WAC 296-30-010 Definitions. Whenever used in chapter 74.09 RCW or Title XIX of the Federal Social these rules, the following words mean: Security Act that are: (a) Provided by health services (1) "Innocent victim" means any p~rson whose inj~ry providers with credentials recognized by the department for was not the direct, proximate result of his or her consenting purposes of payment under chapter 51.36. or 7 .68 RCW; and to, provoking, or inciting the criminal act that resulted in the (b) available and equivalent to those services covered by the injury. . department under Title 51 or chapter 7.68 RCW. (2) "Bodily injury" means any harmful or offensive touching, and includes severe emotional distress where no AMENDATORY SECTION (Amending Order 85-37, filed touching takes place when: 12/11/85) (a) Claimant is not the object of the criminal act and: (i) The distress is intentionally or recklessly inflicted; WAC 296-30-020 Vehicular assault ((end vehieuleF and he1Hieide)). Chapter 7.68 RCW shall cover those people (ii) The distress is inflicted by extreme or outrageous killed or injured as ·a result of a ((vehiet1lar hoffiiei.ae or)) conduct; and vehicular assault that occurred after July 24, 1983 1f there (iii) The claimant has a reasonable apprehension of has been a conviction for the vehicular assault ((or ''ehiet1lar imminent bodily harm; and hoffiieiae)). Eligibility occurs when the claimant's injury (iv) The claimant is in the immediate vicinity of the results in the assailant's conviction for vehicular assault ((er criminal act at the time the criminal act takes place. ,.ehiet1lar homieiae)), or when the claimant's injury is a (b) Claimant is the victim of the criminal act and: direct result of the collision that led to the vehicular assault (i) The distress is intentionally inflicted; and ((or ·,·ehiet1lar homieiae)) conviction. The claimant's injury (ii) The distress is inflicted by outrageous or extreme need not be the one that led to the conviction. conduct; and (iii) The claimant had a reasonable apprehension of AMENDATORY SECTION (Amending Order 85-37, filed imminent bodily harm. 12/11185) (3) "Private insurance" means sources of recompense WAC 296-30-050 Distribution of third party recov- available by contract, such as life or disability insurance. eries. (1) Before July, 1977. Any claimant who receives (4) "Public insurance" means any state or federal crime victim's benefits is required to reimburse fully the statutory welfare and insurance plan that co~pen.s~tes department for all benefits paid to the claimant under chapter victims or their beneficiaries as a result of the claimed InJUry 7.68 RCW if the claimant recovers damages from the person or death. This does not include state, federal, or private or persons who committed the criminal act. The ~eii_nburse­ deferred income retirement plans. ment is limited to the amount recovered by the victim. (5) The test used to define "the result of" as u~ed i~ (2)AfterJuly, 1977 and before April 1, 1980. Any RCW 7.68.070 (3)(a) ((aHEl (0))) is two pronged. First, It claimant who receives crime victim's benefits is required to must be determined that cause in fact exists, and second, it reimburse fully the department for all benefits paid to the must then be determined that proximate cause exists. claimant under chapter 7.68 RCW if the claimant recovers (a) Cause in fact exists if "but for" the acts of the victim damages from any liable party. The reimbursement is the crime that produced the injury would not have .occurre~. limited to that amount recovered by the victim. (b) Proximate cause exists if, once cause rn fact is (3) An injury or death that occurred on or after April 1, found, it is determined that the acts of the victim: 1980, for which recovery was made before July 24, 1983. (i) Resulted in a foreseeable injury to the victim; This amendment incorporated the industrial insurance third (ii) Played a substantial role in the injury; and party recovery statutes RCW 51.24.050 through 51.24.100 (iii) Were the direct cause of the injury. into chapter 7.68 RCW. The amendment changed the (6) "Institutions maintained and operated by department of social and health services or the department of correc- department's entitlement to reimbursement. For those victims injured or killed on or after April 1, 1980, and ~or tions" means those institutions in which the department of which any recovery was made before July 24, 1983, dis- social and health services or the department of corrections bursement of an award or settlement is as follows: assumes responsibility for medical coverage of the (a) Reasonable attorney's fees. institution's residents. (b) Victim receives 25% of the balance. (7) "Reasonable cooperation" generally exists when the (c) The department shall receive the balance to the claimant is: extent necessary to reimburse the department for benefits (a) Willing to talk to police and give information to aid in the investigation; and paid. . . . (d) Any remaining balance 1s paid to the v1ct1m. (b) Willing to assist in the prosecution of the alleged (e) If any remaining balance is paid to the victim, no criminal. further crime victim benefits will be paid to the victim until (8) A person is "unjustly enriched" within the meaning the amount of benefits she or he continued to be eligible for of RCW 7.68.070(15) when it would be deficient in justice equals the remaining balance paid at the time of settlement and fairness, or inequitable, to allow that person to obt~in, or award. or have control of or access to, benefits or compensation ( 4) Recoveries made on or after July 24, 198~, and paid as a result of an injury to a victim of crime. before July 1, 1993. This subsection applies to all claimants Proposed [ 70] Washington State Register, Issue 93-21 WSR 93-21-072 who receive an award or settlement from a liable third party $ 20 Attorney's fees and costs paid at time of on or after July 24, 1983, and before July 1, 1993. These recovery. $ 500 awards shall be disbursed as follows: Claimant's total entitlement (50% of total recovery). (a) Costs and reasonable attorney's fees paid proportion- $ 100 Department's full proportionate share of ately by the victim and the department. attorney's fees and costs (50%, that amount (b) Victim then receives 25% of the balance. determined by the claimant's entitlement). (c) Department receives the balance to the extent $ 80 The amount that the department must reim- burse the claimant for attorney's fees and necessary to reimburse the department for its lien minus its costs. share of attorney's fees. (d) Any remaining balance goes to the victim. (8) Recoveries made on or after July 1, 1993, shall be (e) The department may compromise its lien for injuries governed by the provisions of RCW 51.24.060. that were sustained on or after April I, 1980. (5) Steps for determining proportionate attorney's fees: AMENDATORY SECTION (Amending Order 85-37, filed (a) Determine the amount of the settlement or award 12111185) obtained by the claimant. WAC 296-30-060 Requirement to report criminal (b) Determine attorney's fees and costs. acts. (1) The following are examples under which the (c) For an open claim, determine the amount of the ((seYe8t)' twe het:lf)) twelve-month reporting requirement in department's lien at the time of settlement or award. If the RCW 7.68.060((~)) i.!2.CQl may be tolled: claim is closed at the time of the recovery, determine the (a) Unconsciousness or coma of victim. claimant's full entitlement from the department. (b) Youth of victim (because of age the victim is (6) Calculate what percent of the total recovery equals unaware that a crime has been committed against her). the department's lien for open cases, and the claimant's (c) Rape trauma syndrome. entitlement for closed claims. This percent is the (d) A report of an assault against a child made to department's proportionate share. children's protective services when the report is made within Ex. in a nondeficiency judgment ((seve8ty twe he1:1Fs)) twelve months of when it reasonably $ 1,000 Gross recovery could have been made. $ 200 Attorney fees (2) This list is not and should not be considered $ I 00 Entitlement or claim costs exhaustive but is for illustrative purposes. $ 20 Department's proportionate share of attorney's fees and costs. The $JOO claim costs equals I 0% of the total recovery. AMENDATORY SECTION (Amending Order 85-37, filed Thus, the department's proportionate share 12111185) of attorney's fees are equal to 10% of $200 or $20 WAC 296-30-080 Counseling for sexual assault. ( 1) Ex. in deficiency judgments/recoveries Pursuant to RCW 7.68.070(12), the department shall pay for $ 1,000 Gross recovery counseling for victims of sexual assault and, when appropri- $ 200 Attorney fees $ 2,000 Claim costs ate, for members of a victim's immediate family. An immediate family member shall be defined as the victim's $ 1,000 $ -200 Attorney fees parents, spouse, child(ren), siblings, grandparents, and those $ 800 Claimant receives 25% of this figure = 200 members of the same household who have assumed the $ -200 Claimant 25% share rights and duties commonly associated with a family and $ 600 Balance remaining goes to the department who hold themselves out as a family unit. and is used to determine if settlement/ (2) Counseling for the above defined family members is judgment is deficient. If this balance is deficient, as it is here, this figure is used to appropriate when: calculate the department's proportiqnate (a) The counseling is for the spouse, child, parent, or share of attorney's fees and costs. sibling of the victim who suffers psychological trauma as a 60% Department percent of attorney fees ($6.00 result of the sexual assault; or = 60% of $1,000 recovery) $ 120 Department's share of attorney fees (b) The family member and victim live in the same $ +200 Claimant's 25% share household and the family member suffers psychological $ 320 Claimant's total recovery trauma as a result of the sexual assault; or $ 600 Balance (c) The family member sees the assault; or $ -120 Attorney fees, department (d) Counseling of the family member will aid in the $ 480 Department's recovery victim's recovery. (7) Once the claim is closed, the department shall ((3) E\'8it18tie8 88d ee1 18seli8g FH1 1st l'le Eie8e l'ly 8 reexamine its proportionate share. If the claimant's final ee1 18seleF with 88 MS'N er eq1 1i't'8le8t degFee, 8 PhD entitlement is greater than the amount of the department's vsyehelegist, eF 8 vsyehi8trist. The ree feF 88 MSW eF lien at the time of recovery, the department shall reimburse eq1 1i·,.8ie8t degFee ter 45 50 FHi81 1tes 'Hith FefleFt .... 40 the claimant for the department's increased percentage of the ttftits,.)) attorney's fees and costs. Ex.: $ 1,000 Recovery. $ 200 Attorney's fees and costs. $ 100 Department's lien at time of recovery. [ 71] Proposed WSR 93-21-072 Washington State Register, Issue 93-21 AMENDATORY SECTION (Amending WSR 92-23-034, To request advance notice of the establishment or filed 11/13/92, effective 12/14/92) amendment of the mental health fee schedules, interested WAC 296-30-081 Acceptance of rules and fees for persons must contact the department at the following address: medical and mental health services. Providing medical or counseling services to an injured crime victim whose claim Department of Labor and Industries for crime victims compensation benefits has been accepted Crime Victims Compensation Section by the department constitutes acceptance of the department's P.O. Box 44520 medical aid rules and compliance with its rules and fees. Olympia, WA 98504-4520 Maximum allowable fees shall be those fees contained in An injured victim shall not be billed for his or her ((WAC 296 21 010 thFe1:1gh 296 23A 425, WAC 296 30 080 accepted injury. The department shall be billed only after aHd iH WAC 296 31 090 thFe1:1gh 296 31 095)) the publica- available benefits of public or private insurance have been tions entitled Medical Aid Rules and Fee Schedules and determined. Crime Victims Compensation Mental Health Treatment Rules If the service provider has billed the injured victim and and Fees, less any available benefits of public or private is later notified that the department has accepted the victim's collateral resources, except as follows: claim, the provider shall refund to the injured victim any ((fl-1)) The percentage of allowed charges authorized by amounts paid that are in excess of the amounts that the WAC 296-23A- I 05: Payment for hospital inpatient and victim is entitled to from public or private insurers, and bill outpatient services, WAC 296-23A-l 55: New hospitals, WAC 296-23A-160(3): Excluded and included services, and the department for services rendered at fee schedule rates if such rates are in excess of the public or private insurance WAC 296-23A- I 65: Out-of-state hospitals shall be equal to entitlements. the percentage of allowed charges established by the depart- ment of social and health services under Title 74 RCW and AMENDATORY SECTION (Amending Order 85-37, filed WAC 388-87-070(6): Payment hospital inpatient services. 12/11/85) (((2) The eeH"•'eFsieH faeteFs estaelished by WAC 296 23A 115 aFe medified te the fellewiHg: WAC 296-30-130 Lump sum benefits. (I) Lump sum (a) Radielegy (eedes 70000 thFe1:1gh 79999) $5.29. benefits paid to the survivor(s) of an unemployed victim (b) Pathelegy aHd labeFateF)' (eedes 80000 thFe1:1gh shall be paid on a monthly basis if the survivor(s) is entitled 89999) $ .50. to private or public death benefits. The death benefit (e) Physieal theFafJy (eedes begiHHiHg with 9) $1.15. payments shall be deducted each month from the crime (3) The eeH,•ersieH faeters established by 'NAC 296 20 victim's death benefits. Crime victim's benefit payments 135 are medified te the fellewiHg: shall continue until the combined public or private death (a) MedieiHe, meHtal health seFYiees, ehiFeflFBetie, benefits and the crime victim's death benefits equal the total flh)'Sieal theFBflY, dF1 1gless thernfJel lties, aRd R1 1rse fJFaetitieReF amount that the survivor(s) is eligible for under chapter 7.68 $1.15. RCW. (b) AResthesia $17.12. (2) The amount of the monthly payments is based on (e) Radielegy $5.29. the state's average monthly wage and are determined by the (d) Pathelegy $ .50. percentages established in RCW 51.32.050. (e) 81:1FgeF)' $60.54. (3) This lump sum payment shall be adjusted upward by (f) IRdefJeRdeRt medieal examiHatieRs aRd iRdefJeRdeRt a factor of 8% to reflect the present and future value of the meRtal health assessmeHts (fJrneed1 1Fe eedes ZOOO 1 thm1 1gh money. Z0045 as eeHtaiRed iR the Medieal ExamiHeF's -HaRdbeek) (4) The survivor(s) of an employed victim are entitled ~)) to ((tt)) the maximum ((ef teR the1:1saHd dellaFs)) in death If any of the maximum allowable fees in the publica- benefits prescribed by RCW 7 .68.070(13 ). These benefits tions entitled Medical Aid Rules and Fee Schedules and shall be paid in the same manner as the benefits paid to the Crime Victims Compensation Mental Health Treatment Rules survivor(s) of an unemployed victim except that the monthly and Fees is lower than the maximum allowable fees for rate shall be determined by the deceased's regular rate of those procedures established by the department of social and pay. health services under Title 74 RCW, the Title 74 RCW fees (5) This procedure was adopted to ensure equal treat- are the maximum allowable fees for those procedures. ment of survivor(s) in like circumstances. Prior to the establishment or amendment of the fee schedules, the department will give at least thirty calendar AMENDATORY SECTION (Amending WSR 92-23-033, days notice by mail to interested persons who have made filed 11/13/92, effective 12/14/92) timely request for advance notice of the establishment or amendment of the fee schedules. To request advance notice WAC 296-31-020 Definitions. This section explains of the establishment or amendment of the medical fee the department's definitions of terms used throughout the sections as they apply to claimants. schedules, interested persons must contact the department at the following address: Acceptance, accepted condition: Determination, in writing, by a qualified representative of the department, that Department of Labor and Industries reimbursement for the diagnosis and rehabilitative treatment Health Services Analysis of a claimant's mental health condition are the responsibility P.O. Box 44322 of the department. The condition being accepted must be Olympia, WA 98504-4322 specified by one or more diagnostic codes from the current Proposed [ 72 J Washington State Register, Issue 93-21 WSR 93-21-072 edition of the International Classification of Diseases, near term consequences of the related effects of the homi- Clinically Modified (ICD-CM), or by DSM ill-R, and by use cide. of words to describe the symptoms connected to or citing Immediate family members: Any claimant's parents, ICD-CM or DSM III-R diseases. spouse, child(ren), siblings, grandparents, and those members Authorization: Notification, in writing or by telephone, of the same household who have assumed the rights and by a qualified representative of the department, that specific duties commonly associated with a family and who hold necessary treatment, services, or equipment recommended by themselves out as a family unit. a provider for the diagnosis or rehabilitative treatment of an Individual therapy: Therapy provided on a one to one accepted condition will be reimbursed by the department. basis between a therapist and claimant. Providers must insure they maintain records indicating the Mental health services provider: Any person, firm, name of the qualified representative who authorizes treat- corporation, partnership, association, agency, institution, or ment or equipment. other entity providing any kind of mental health services Claimant: A person who submits, or on whose behalf related to the treatment of a claimant. This includes, but is is submitted, an application for benefits under the Crime not limited to, hospitals, psychiatrists, psychologists, ad- Victims Act. vanced registered nurse practitioners with a specialty in Consultation: The services rendered by a mental health psychiatric and mental health nursing, registered and/or provider whose opinion or advice is requested by the certified master level counselors, and other qualified service attending (treating) mental health provider, or agency, or by providers licensed, registered and/or certified with the the department in the evaluation and/or treatment of a department of health and registered with the crime victims claimant. Case management or case staffing does not program. (Refer to WAC 296-31-030 for specific details.) constitute a consultation. Treatment of a claimant is not a Modified work status: When the claimant is not able consultation. to return to previous work, but is capable of carrying out Crisis intervention: Therapy to alleviate the most work of a lighter, or otherwise different nature. pressing problems and attempt to use the crisis as an Necessary treatment: Those health services or treat- opportunity for positive change; the vital mental and safety ments which, in the opinion of the director or his or her functions of the client are stabilized by providing support, designee are: structure and, if necessary, restraint. Proper and necessary for the diagnosis or rehabilitative Disability awards for mental health conditions: treatment of an accepted condition; Direct monetary compensation that may be provided to an Reflective of accepted standards of good practice within eligible claimant who is either totally temporarily disabled, the scope of the provider's license, certification, or registra- permanently partially disabled, or totally permanently tion; disabled resulting from an accepted condition. Under Not delivered primarily for the convenience of the Washington law, permanent disability awards are based claimant, the claimant's attending provider, or any other solely on mental impairment due to the accepted injury or provider; and conditions without consideration of economic factors. Provided at the least cost and in the least intensive Disability rating exams must be provided by a physician. setting of care consistent with accepted standards of Elective nonemergent hospital admission: Placement care/accepted therapeutic practice and with the other provi- of the claimant in an acute care hospital or residential sions of this definition. Services which are inappropriate to treatment facility for mental health treatment of a claim the accepted condition, or which present hazards in excess related mental health condition which may be safely sched- of the expected mental health benefits, are not considered uled in advance without jeopardizing the claimant's health or necessary. Services which are obsolete are not authorized. treatment outcome. Services which are controversial, experimental, or investiga- Emergent hospital admission: Placement of the tional are presumed not to be consistent with accepted claimant in an acute care hospital, psychiatric hospital, or, standards of care and shall only be authorized on an individ- residential treatment facility for treatment of a claim related ual case basis with written authorization for the service from mental health condition of an unfor:eseen or rapidly progress- the department. ing nature which, if not treated in an inpatient setting, is Office notes: Written records of treatment, or other likely to jeopardize the claimant's health or treatment work products, documenting specific charges billed, as outcome. opposed to reports of evaluation and progress independently Family therapy: Therapy involving the therapist, and submitted to the department or to other parties. one or more members of the claimant's family (excluding Permanent partial disability: Providers are required the perpetrator if also a family member) and which centers to notify the department of any claimant's accepted condition on issues resulting from the claimant's assault. where permanent functional impairment or loss is indicated Group therapy: Therapy involving the claimant, the after maximum rehabilitation has been achieved, which is therapist, and one or more clients who are not related to the determined to be stable and fixed at the time the evaluation claimant and which includes issues both related to the is made. The department will arrange to have impairments claimant's assault and pertinent to other group members. not rated using the category system under WAC 296-20-200 et necessarily related to the claimant's assault. al. Homicide survivor: An immediate family member of Regular work status: When the injured claimant is a homicide victim as the result of a criminal act committed capable of returning to his/her regular work, the attending on or after July I, 1992. Homicide survivors may receive provider must notify the claimant and the department of the appropriate counseling to assist them with the immediate, specific date of release to return to regular work. Time loss [ 731 Proposed WSR 93-21-072 Washington State Register, Issue 93-21 compensation will be terminated on the release date. Further AMENDATORY SECTION (Amending WSR 92-23-033, treatment may be allowed as requested by the attending filed 11/13/92, effective 12/14/92) provider if the condition is not stable or fixed and treatment WAC 296-31-060 Reporting requirements. The is needed for the accepted condition. ?epartment may require reports at any time as is necessary ~epressed memory: A condition of not having or had in order to determine initial or continued authorization of consc10us memory of an act. For the purpose of these rules benefit~ or services. However, the department requires the describing this condition under this section the definition following reports at various stages of a claim in order to ~e~ns. th~t a claimant regained conscious memory of authorize mental health treatment or services, time loss v1ct1m1zat1on caused by a criminal act committed against compensation, and bill payments for innocent victims of them as a minor. crime: . Temporary p~rtial disability: Partial time loss may be ( 1) Initial report of injury: To establish a claim an paid when the claimant can return to work on a limited application for benefits must be completed and submitted to basis, or, return to a lesser paying job is necessitated by the the department. The provider may bill under code 90001 for accepted condition. However, the claimant must have a the filing of the application. In addition, the examination or reduction in wages of at least five percent before loss of assessment charge may be billed. Reimbursement of these earning power can be paid. Termination of treatment: When treatment is no services ':"'i~l be paid if the claim is allowed by the depart- longer required because the accepted condition for which the ment. Billing for an extended or comprehensive visit of more than one hour may require submission of additional claim. was allowed has become stable, the provider must reports. submit a report indicating the date the condition became (~) Init~al evaluation report: This report may be stable to the department. This is necessary to initiate closure subll_11tted wit~ the application for benefits by either the of the crime victim's compensation claim. provider or claimant, or no later than thirty days from the Time loss certification: Certification from a physician date of first treatment. The report must include the prelimi- based upon findings which are specific symptoms that an nary diagnosis and symptoms, proposed treatment plan and ~ccepte~ condition of a claimant either partially or totally treatment goals, and expected length of treatment. It must incapacitates the claimant from returning to work. Such also include a diagnosis of any preexisting conditions and sympto.ms may include, but are not limited to: Anxiety, their potential effect on the condition resulting from the depression, loss of appetite, weight loss, flat affect, inability assault. Any change in session frequency from that stated in to c~ncentrate, inability to complete tasks. The department this report will require authorization. reqmres that all claims for time loss compensation must be (3) Office notes and follow-up visits: Legible copies certified by a physician. To!31 .permanent disability: A condition permanently of office ?r progress notes or other work products may be, . as determined by the department, required documentation to incapacitating a claimant from performing any work at any ~u.b~tantiate a!l follow-up visits or treatment following the gainful occupation. m1t1al evaluat10n. Office notes are not acceptable in lieu of Total temporary disability (time loss): The claimant requested narrative reports. is te?1porarily .unable to return to any type of reasonably (4) Ninety-day narrative reports: When treatment is continuous gainful employment as a direct result of an to continue beyond ninety days from the first date of acce~te? condition. Time loss compensation will be paid if tr.eatment, submission of a narrative report is required every the v1ct1m was employed on the date of their criminal injury, ninety days to substantiate the need for continued care. A or, if not, if the victim was employed three or more consecu- narrative report must contain the basic information outlined tive months during the twelve months immediately preceding in these rules. A narrative report should be billed under the date of the assault. code 99080 and described as a ninety-day report. Treatment Utilization review: The assessment of a claimant's in excess of ninety days may be authorized by the depart- mental health care for assurance that it is necessary and of ~ent only after receipt and review of the ninety-day narra- good quality. Assessments typically consider the appropri- tive report. Absence of a response from the department to ateness of the place of care, level of care, and the duration, a report ((er preetttherizetieA reqttest)) shall constitute frequency or quantity of services provided in relation to the authorization for continued treatment. When treatment accepted condition being treated. beyond ninety days will not be authorized or is authorized Vic~im: A person who suffers bodily injury or death as with limits on frequency or provider type, notification will the. prox1,mate result of a criminal act of another person, the be ~ent by the department giving a thirty-day transition cla1?1a.nt s own good faith and reasonable effort to prevent period. In the case of a contested decision, a claimant or a a criminal act, or his or her good faith effort to apprehend a provider may file a written protest to the department or person reasonably suspected of engaging in a criminal act. ~ppeal t~ the bo~rd of industrial insurance appeals. The For the purposes of receiving benefits, "victim" is inter- informauon required for the narrative report is contained changeable with "employee" or "worker" as defined in the under WAC 296-31-090. Industrial Insurance Act. For the purpose of these rules "bod.ily injury" means any harmful or offensive touching, . (~) Hospital reports: When the claimant is hospital- and includes severe emotional distress where no touching ized, .1t is the responsibility of the attending mental health prov1.de.r to s~bmit his or her reports to the hospital for takes place as defined and under the conditions outlined in subm1ss1on with the hospital billing. The attending mental WAC 296-30-010(2). health provider may bill for hospital visits without attaching copies of the reports. Proposed [ 74] Washington State Register, Issue 93-21 WSR 93-21-072 (6) Consultation reports: To substantiate treatment of the department has received notification of any findings and more than one hundred eighty days, a consultation with a reviewed any recommendations. consultant chosen by the attending mental health provider is (a) The department may consider claims as complicated, required. The department may require the claimant to be controversial or disputed when involving treatment or examined by the consultant as part of the consultation conditions as follows: process with supervisory approval. Although no prior (i) All individual counseling or psychotherapy, pertain- authorization is required for such consultations, the depart- ing to immediate family members, requiring treatment ment must be notified when such consultation is arranged. sessions of more than twelve visits. The consultant is responsible for submitting a copy of the (ii) All family therapy visits, not including the claimant, report as outlined in these rules within fifteen days from the requiring more than twelve visits. date of the consultation. Treatment may only be authorized (iii) All conditions not related to the accepted condition to extend beyond one hundred eighty days in mental health involving emotional, psychiatric, or social problems which cases after the department has received this report. Absence are likely to complicate recovery. of response, by the department upon receipt of the report (iv) All therapeutic procedures of a controversial nature shall constitute authorization for additional treatment. When or type not in common use for the specific condition. extended treatment will not be authorized or will be termi- (v) Cases where there are complications or unfavorable nated, notification will be sent by the department giving a circumstances such as age, preexisting conditions, or, thirty-day transition period. See WAC ((29€i 20 035 aRa because of occupational requirements, etc. 29€i 31 095)) 296-20-01002 for consultation report require- (vi) Elective nonemergent hospital admission. ments. (vii) Any other circumstance that the department may (7) Ninety-day follow-up reports: Following the one define. hundred eighty-day report and consultation, additional (b) The department may resolve issues of claim compli- narrative reports are still required at ninety-day intervals. cation, controversy, or dispute using consultants, independent The department may request additional consultations and/or assessments and/or requesting a review of policies or independent assessments as warranted by the individual case. procedures by the department's mental health advisory (8) Termination reports: When a mental health committee. The committee may recommend courses of practitioner discontinues treatment of a claimant because the action to resolve these issues to including, but not limited to, condition for which treatment was provided is fixed and recommendation of an independent assessment. stable or for any other reason, a termination report shall be (c) In cases presenting diagnostic or therapeutic prob- completed and provided to the program within sixty days of lems difficult to resolve to the attending mental health the last visit. provider (psychiatrist, psychologist and/or counselor), (9) Reopening application: On claims closed over consultation with a specialist will be allowed without prior sixty days, the department will pay for completion of a authorization. The consultant must submit his or her reopening application (Code 90097), an office visit and findings and recommendations immediately to the attending diagnostic studies necessary to complete the application, (see provider and the department. See WAC 296-31-095 and WAC ((296 20 097)) 296-20-01002). No other benefits will 296-20-035 for report contents and requirements. be paid until the adjudication decision is rendered. (i) Whenever possible, the referring mental health provider should make his or her records available to the AMENDATORY SECTION (Amending WSR 92-23-033, consultant to avoid unnecessary duplication. Consultants filed 11/13/92, effective 12/14/92) may proceed with indicated and reasonable diagnostic studies as permitted within their scope of practice. WAC 296-31-065 Ongoing treatment. (I) Cases that (ii) Consultations must be held within the local geo- remain open more than one hundred eighty days: When the graphic area of the claimant's residence, if possible, and with claimant requires treatment beyond one hundred eighty days, a consultant not having a mutual proprietary or business a consult with another mental health provider is necessary to interest with the attending mental health provider. Excep- determine and/or establish the need for continued treatment tions to this requirement may be made only with department and/or payment of time-loss compensation. This may be preauthorization. The department does not prohibit the use accomplished by the attending mental health provider in of members of the same professional or social associations. consultation with a provider who also satisfies the depart- (iii) The mental health provider will not arrange a ment requirements. A detailed consultation report must be consultation if notification has been received that an inde- provided to the department. pendent assessment is being arranged by the department. If Three levels of consultation are recognized: Limited, a recent consultation has been completed and the attending extensive and complex. Detailed descriptions of each type mental health provider is notified that the department is of consultation are included in the publication entitled Crime arranging an assessment, the department must be advised Victims Compensation Mental Health Treatment Rules and immediately of the consultation. Fees. (iv) The consultation fee will be paid only if a consulta- --(2) Procedures and/or continued treatment requiring tion report is complete (see WAC 296-20-035 ((aRa 296 31 consultation: In the event of complication, controversy, or ~))) and contains all psychological findings as well as all dispute over the treatment aspects of any claim, the depart- pertinent negative or normal findings. The report must be ment will not authorize continued treatment until the received in the department within fifteen days from the date complication, controversy, or dispute has been resolved and of the consultation. No fee may be paid to the consultant, [ 75] Proposed WSR 93-21-072 Washington State Register, Issue 93-21 by the department, if the claimant misses/fails to attend the AMENDATORY SECTION (Amending WSR 92-23-033, appointment. However, the claimant may be billed directly. filed 11113/92, effective 12114/92) (v) The. consultant may not order, prescribe, or provide WAC 296-31-080 Billing procedures. (I) All services treatment without the consent of the claimant. No transfer rendered must be in accordance with these mental health will be made to the consultant without the written request of treatment rules. The department may reject bills for services the claimant. rend~red in violat~on of these rules. The claimant may not (3) Concurrent treatment: In some cases, treatment by be billed for services rendered in violation of these rules. more than one provider may be allowed. The department H?wever, claimants may be billed if they fail to keep or will consider authorization of concurrent treatment when the miss a properly scheduled appointment. accepted condition requires specialty or multidisciplinary (a) Bills must be itemized on department forms or other care. When requesting consideration of concurrent treat- ment, the attending mental health provider must provide the for~s. which have been approved by the department. P~ys1cians, advanced registered nurse practitioners, psycholo- department with the following: The name, address disci- pline, and specialty of all other providers requested t~ assist gist~, and masters level mental health counselors may use the National Standard HCFA 1500 Health Insurance Claim Form rn the treatment of the claimant and an outline of their or the department's statement for crime victim services. res~onsibility in the case and an estimate of the length of the When billing for treatment of a family member other than penod of concurrent care. When concurrent care is allowed the departm~nt will recognize one primary attending mentai the clai~ant, ~ou must id~ntify the family member by name and relat1.o~ship to the claimant. Hospitals use the ((~)) health provider, who will be responsible for directing the UB-92 b1lhng form for institution services and the National over-all treatment program; providing copies of all reports Standard HCFA 1500 Health Insurance Claim Form for ~nd other data received from the involved providers and, in professional services. time loss cases, providing the adequate certification evidence (b) .Bills must specify the date and type of service, the of the claimant's inability to work. The department will appropriate procedure code, the condition treated, and the approve concurrent care on an individual case basis. charges for each service. (4) Transfer of attending provider: All transfers from (c) Every bill submitted to the department must be one provider to another must be approved by the department. completed to include the following: Normally transfers will be allowed only after the claimant (i) Claimant's name and address; has been under the care of the attending mental health (ii) Claimant's claim number; provider for sufficient time for the provider to: Complete (iii) Date of injury; the necessary diagnostic studies, establish an appropriate (iv) Referring provider's name; t~eatment regimen, and evaluate the efficacy of the therapeu- (v) Dates of service; tic program. Under RCW 51.36.010 claimants are entitled (vi) Place of service; to free choice of attending provider subject to the limitations (vii) Type of service; of R~W 7.68. ~30. Except as provided under (a) through (g) (A) Psychiatrists and psychologists use type of service of this subsect10n, no reasonable request for transfer will be 3. denied. The claimant must be advised when and why a (B) Master level counselors use type of service M. tran~fer is d~nied. The department reserves the right to (C) Advanced registered nurse practitioners (ARNP) use reqmre a claimant to select another provider for treatment, type of service N. under the following conditions: (viii) Appropriate procedure code or hospital revenue (a)_When more conveniently located providers, qualified code, to provide the necessary treatment, are available. (ix) Description of service; if mental health patient is (b) When the attending provider fails to cooperate in not the claimant, give name and relationship to the claimant; observance and compliance with the department rules. (x) Charge; (c) In time loss cases where reasonable progress towards (xi) Units of service; return to work is not shown. (d) Cases requiring specialized treatment, which the (xii) Total bill charge; (xiii) Provider of service; attending provider's authority is not qualified to render or is ou~side the scope of the attending provider's authorit; to (xiv) Group, clinic, center, or facility name; (xv) Billing address; practice. (xvi) Federal tax information; (e) Where the department finds a transfer of provider to (A) Federal tax identification number; or be appropriate and has requested the claimant to transfer in (B) Social Security number. accordance with this rule, the department may select a new (xvii) Date of billing; attending provider if the claimant unreasonably refuses or (xviii) Submission of supporting documentation required delays in selecting another attending provider. under (f) of this subsection; (f) In cases where the attending provider is not qualified . (xix) Private or public insurance eligibility and amounts to treat each of several accepted conditions. This does not paid. preclude concurrent care where indicated. (d) Responsibility for the completeness and accuracy of (g) No transfer will be approved to a consultant without the description of services and charges billed rests with the the written request of the claimant. Transfers will be provider rendering the service, regardless of who actually ~ut.hori7ed f~r the foregoing reasons or where the department completes the bill form. m its d1scret1on finds that a transfer is in the best interest of returning the claimant to a productive role in society. Proposed [ 76] Washington State Register, Issue 93-21 WSR 93-21-072 (e) Providers are urged to bill on a monthly basis. Bills ineligible to treat claimants as provided by these mental must be submitted within ninety days from the date of health rules and are subject to other applicable penalties. service to be considered for payment. If insurance or public (d) Only those diagnostic and treatment services agency collateral resources exist bills must be received authorized under the state of Washington mental health rules within ninety days following payment or rejection by the may be allowed by the department. As determined by the resource. A copy of the payment or rejection must accom- department, the scope of practice of providers in bordering pany the bill. states may be recognized for payment purposes, except that (f) The following supporting documentation must be in all cases WAC 296-20-03002 (treatment not authorized) maintained and submitted when billing for services, as may shall apply. Specifically, services permitted under crime be appropriate: victims compensation programs in the provider's place of (i) Intake evaluation; business, but which are not allowed chapters 296-20, 296-30, (ii) Progress reports; and 296-31 WAC of the state of Washington, may not be (iii) Consultation reports; reimbursed. When in doubt, the provider should verify (iv) Special or diagnostic study reports; coverage of a service with the department. (v) Independent assessment or closing exam reports; (e) Out-of-state hospitals will be paid according to (vi) For BR procedures - see WAC 296-31-090 for WAC 296-30-081. requirements; (vii) Claimant public or private insurance information. AMENDATORY SECTION (Amending WSR 92-23-033, (g) The claim number must be placed in the upper right filed 11/13/92, effective 12/14/92) hand corner on each bill and on each page of reports and other correspondence. WAC 296-31-090 Mental health fees. (1) Rules and (h) Rebills. If a provider does not receive payment or billing procedures are presented in detail in the previous notification from the department within ninety days, services sections, some commonalities are repeated here for the may be rebilled. Rebills must be submitted for services convenience of mental health providers referring to the denied if a claim is closed or rejected and subsequently mental health fee section. Definitions and items unique to reopened or allowed. Rebills should be identical to the billing procedures and fees are also included. original bill: Same charges, codes, and billing date. The Psychiatric care may be billed without time dimensions statement "rebill" must appear on the bill. according to the procedure or service as are medical or (i) Any inquiries regarding adjustment of charges must surgical procedures. In billing psychotherapy procedures, be submitted within ninety days from the date of payment to time is only one aspect and may be expressed as is custom- be considered. ary in the local area. For example, the usual appointment G) Any denied charge may be protested in writing to the length of an individual psychotherapy procedure may be department or appealed to the board of industrial insurance signified by the procedure code alone. The modifier '-52' appeals. may be used to signify a service that is reduced or less (2) Allowance and payment for medication. The extensive than the usual procedure. The modifier '-22' may department will pay for medications or supplies dispensed be used to indicate a more extensive service. For example for the treatment of conditions resulting from a crime victim procedure code 90801 may be billed with modifier '-22' if injury and/or conditions which are retarding the recovery the evaluation and report writing take more than an hour to from the claimant's condition, for which the department has complete. Thus, psychotherapy procedures may be reported accepted temporary responsibility. Specific information by the procedure code alone or by the procedure code with governing allowance and payment for medication is con- a modifier. tained in WAC 296-20-17001. Facility charges are not payable when a provider elects (3) Payment of out-of-state providers. to use hospital facilities or other outpatient facilities in lieu (a) Providers of mental health services in the bordering of maintaining a private practice office. states of Oregon and Idaho shall bill and be paid according (2) Definitions. to Washington state rules. By report - BR (by report) in the value column (b) Providers of health services in other states and other indicates that the value of this service is too unusual, countries shall be paid at rates which take into account: variable or new to be assigned a unit value. The report shall (i) Payment levels allowed under the state of Washing- provide an adequate definition or description of the services ton crime victims compensation program rules; or procedures that explain why the services or procedures are (ii) Payment levels allowed under crime victims com- too unusual, variable, or complex to be assigned a relative pensation or workers compensation programs in the state of value unit, using any of the following as indicated: the provider's place of business; and (a) Diagnosis - ICD9 - DSM III. (iii) The usual, customary, and reasonable charges in the (b) Whenever possible, list the nearest similar procedure state and city of the provider's place of business. by number according to this schedule. (c) In all cases these payment levels are the maximum The department may adjust BR procedures when such allowed to providers of services to claimants. Should a action is indicated. provider's charge exceed the payment amount allowed under Maximum fees - The maximum allowable fee for a the state of Washington crime victim compensation program procedure is ((determiAed B)' ffil lltif3l)'iAg the l IAit 't'Sll le of S rules, the provider is prohibited from charging the claimant 13reeed1:1re e;· the a1313rn13riate eoAYersioA faeter)) the fee for the difference between the provider's charge and the contained in the publication entitled Crime Victims Compen- allowable rate. Providers violating this provision are sation Mental Health Treatment Rules and Fees. Prior to [ 77] Proposed WSR 93-21-072 Washington State Register, Issue 93-21 the establishment or amendment of the fee schedules, the -52 REDUCED VALUES: Under certain circumstances, department will give at least thirty calendar days notice by the listed value for a procedure is reduced or mail to interested persons who have made timely request for eliminated because of ground rules, common advance notice of the establishment or amendment of the fee practice, or at the mental health provider's election. schedules. To request advance notice of the establishment Under these or similar circumstances, the services or amendment of the fee schedules, interested persons must provided can be identified by their usual procedure contact the department at the following address: numbers and the use of a reduced value indicated Department of Labor and Industries by adding this modifier to the procedure number. Crime Victims Compensation Section (Use of this modifier provides a means of reporting P.O. Box 44520 services at a reduced charge without disturbing usual relative values.) .................... BR Olympia, WA 98504-4520 ((~)) No fee is payable by the department for missed appoint- -8N CONCURRENT CARE, SERVICES RENDERED BY MORE ments unless the appointment is for an examination arranged -THAN ONE PROVIDER: When the claimant's condi- by the department. Claimants may be billed directly for tion requires the additional services of more than missed or "no show" appointments. one provider, each provider may identify his or her Mental health modifiers - Listed values for most services by adding this modifier to the service procedures may be modified under certain circumstances. procedure code ........................ BR When applicable, the modifying circumstance should be -96 SPECIAL AGREEMENT WITH CRIME VICTIMS COMPEN- identified by the addition of the appropriate "modifier code SATION PROGRAM: This modifier is to be used by number" after the usual procedure number. The value providers who have a special agreement with the should be listed as a single modified total for the procedure. crime victims compensation program for certain Report required - The values for procedures for which designated procedures. Any request for special a report is required include the report fee. Do not bill agreement should be directed to: separately for these reports. Unusual or unlisted procedure - Value of unlisted Crime Victims Compensation Program services or procedures should be substantiated "by report" Special Claim Unit (BR). Refer to the definition of By report for reporting PO Box 44523 Olympia WA 98504-4523 requirements. (3) ((DetefffliRatieR ef eeRYersieR faeters. CeRYersieR THE VALUES FOR PROCEDURES FOR WHICH A REPORT IS faeters are the ease fees for aeterFRiRiRg the FRallifRlifR REQUIRED INCLUDE THE REPORT FEE. DO NOT BILL SEPA- aFRSliRt paia ey the aepei'tFReRt fer preeeaHres with Speeifiea RATELY FOR THESE REPORTS. liRit '.'allies. Te aetefffliRe the FRaJlifRlifR aFRSliRt paia, the ((The HHit ·1a)HeS iR the felJevliRg preeeaHre eeaes are iR HRit .. ·alHe for a speeifie preeeaHre is FRHltipliea ey the t·,ye eategeries. Psyehelegistlpsyehiatrist HRit YalHes are iR apprepriate eeRYersieR faeter er ease fee. )) Advanced the left haHa eelHFRR. Master le'>'el er eqHii.·aleRt HHit YalHes registered nurse practitioners are reimbursed at ((eighty)) are iR the right haRcl eelHFRH. ninety percent of values listed for psychologists or psychia- trists. Ml}- (4) Mental health services. The following graduated er- listing of services is an attempt to reflect the relative values Lie M8TR of the time and skills required at the various service levels. PllD Le.,·el The listed values apply only when performed by mental PreeeaHre URit UHit health providers registered with and authorized by the Cede department to provide services to claimants through this SPE':CIAL SHRVICHS program. 90898 PreaHtherizea eeRfereRee at the Modifier Unit aepartffieRt' S reqHeSt relati\'e te aH iRei Value YiclHal ease. ReqHires prier appreYal. -22 UNUSUAL SERVICES: When the services provided Eaeh 15 FRiRHtes. are greater than those usually required for the listed ........................... 18.0 9.1 procedure, identify by adding this modifier to the 99058 Offiee sen·iees preYiaea eH aR eFRergeRey usual procedure number. Requires written justifica- ~ tion ................................ BR ........................... BR BR 90001 CeFRpletieR ef the applieatieH fer eeRefits . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.0 12.0 Fee fer eeFRpletieH ef the applieatieR fer eeRefos payaele te FReRtal health pre,·ia ers eRly. 99040 CeFRpletieR ef aisaeilit)' eara. 2.0 Proposed [ 78] Washington State Register, Issue 93-21 WSR 93-21-072 99080 NiRet)' Eley progFess reports, writteR FepoFt ti.,·e histOF)' ef flFt1g 11se, (iRelt1fliRg eleo is reqttiFeEI. Report FRttst iRelttfle ettFFeRt hol) that might impair eogRitiYe foRetioR DSM III R eREl/oF ICD 9 CM fliegRo iRg. Report aRfl pFioF at1thorizetioR Fe sis(es), theiF FeletioRship (if aRy) te the ~ eoRElitioRs sttsteiReEI es the Festtlt of the 542.0 NIA eriFRiRel aet, e st1FRFRBF)' of the pFOgFess W0052 TestiRg otheF theR str11ett1Fefl persoRelity FReEle toweFEI theFepy goals or isstte reso test or eoFRplete Rettropsyeholegieel e.,·el ltttioRs esteelishefl iR the iRitiel eYaltte t1etioR, list test(s) e0Rflt1etefl. Report(s) tioR, eR estiFRete of the flt1FetioR eRfl reqt1iFefl. fFeqtteRey of fttFtheF sessioRs, eRfl eR BR ttpeetefl progRosis feF Feeo¥eFy. TI 16RAP61:JTIC PROC6QUR6S .......................... 35.0 35.0 90097 CoFRpletioR of e FeopeRiRg epplieetioR. 90841 IRfli.,·iattel psyehotheFBfl)' with eoRtiRt1iRg DiegRostie stt1Elies essoeietefl with the fliegRostie eYelttetioR iRelttfliRg ps)·eho reopeRiRg eitaFRiRetioR •.viii Be elJO'Nee iR BRe)ysis, iRsight OrieRtetefl, Behavior aEIElitioR to this fee. FRoflifyiRg Of st1pporti'+'e psyehotheFep;•; . . . . . . . . . . . . . . . . . . . . . . . . . . 12.0 12.0 tip to 15 miRt1tes. 17.5 10.0 G6P.16RAL CLIP.IICAL QIAOIOSTIC OR 6VALUATIV6 90843 epproitiFRetely le te 30 miRtttes PROC6QUR6S 35.0 20.0 9080 I MeRtal health EliegRostie iRterview eitaFRi 90844 epproJlimetel;· 31 to 60 FRiRtttes RetioR or iRitiel iRtake e\\u2022elttetioR iRelttfl 70.0 40.0 iRg history, FReRtal stattts OF ElispositioR S\'841 FeFRily FRemaeFs of hemieifle •+·ieti FRS (FRey iRelt1Ele eoFRFRt1RieatioR with fefflily iRfli.,·iflt1el psyehotherBfly with eoRtiRttiRg Of otheF SOtlFees, OFaeriRg BRS FReflieel EliegRestie e·1elt1etioR, eRfl flF11g FReRege iRteFJlretetioR of lel:JoFetoFy or otheF Elieg meRt wheR iRflieetefl, iRelttfliRg psyeho Rostie stt1flies; iR eerteiR eiFet1FRsteRees EIRBl)'SiS, iRsight OFieRtetefl, eehe¥iOF OtheF iRfoFFRBRtS wilJ Be seeR iR !iet1 of FRoflif;•iRg or st1pp0Fti¥e psyehotherepy. the eleiFReRt). RepoFt reqt1irefl. Reqttires prior at1thori zatioR eRfl report; .......................... 70.0 40.0 ttp to 15 miRtttes. 90825 Ps)•ehietFie eYelt1etioR ef hospital reeorfls, 17.5 10.0 otheF psyehietrie reports, psyehoFRetFie SV843 BflflFOitimetel;• 16 to 30 miRtttes eRa/or pFojeetiYe tests eRfl otheF eeet1FRt1 35.0 20.0 )etee flete fer aiegROStie pt!FflOSeS (•Nithot1t S\'844 erproitimately 31 to 60 miRtttes other iRforFRaRts or eleiFReRt iRten·iew). 70.0 40.0 .......................... 30.0 WA 90846 FeFRily rs;•ehotherBfl)' (withottt the eleim 90831 TelephoRe eoRfereRee with Of eeet1t eRt) rer feFRil;· meFRl:Jer. Reqt1ires pFior eleiFReRt for thereflet1tie or fliegRostie 8t1thorizetiOR eeyoRfl twelve sessiORS pt1rposes. Reqttires wFitteR jt1stifieatieR, 50.0 28.5 ifleRtifieetioR of parties iRYohefl, repeFt of (MeitiFRtlFR fee elJowel:J)e fleF sessioR ROt eoRfereRee, eRfl flepertFReRt et1thoFizetioR to eiteeefl 2 seniee t1Rits.) (eJte)t1fliRg other reportiRg reqt1irefl By 90847 family flSyehotherepy (iRe)ttfliRg the le·w, i.e., ehilfl proteeti¥e serYiees). elaimeRt) ref family FReml:Jer. Reqt1ires .......................... 20.0 11. 4 flFiOr et1thorizatiOR l:Je)'ORS tweh·e ses 90835 :Nereos;•Rthesis fer psyehiatrie fliegRostie ~ eRfl therepet1tie pt1rposes, e.g., soflit1FR 50.0 28.5 eFRo'9ereitel (AFRytel) iRten·iew. (MeitiFRtlfR total Yalt1e rer sessioR ROt to 50.0 eiteeefl 2 serviee HRits.) 90849 Mt1ltiple Femi!;· grot1p rs;•ehotherepy T6STING COD6S (more theR ORe family). Reqt1ires prior W0050 Strt1ett1refl persoRelity test, i.e., MMPI, et1thorizetioR ee;·oRfl twelve sessioRs. CPI; list test eoRElt1etefl. Report(s) is flat rate. reqt1irea. 50.0 28.5 .......................... 35.0 N/A 90850 IRfletieRt eere iRel11fliRg flSyehotherep;• '.V005 I Net1rops;·ehologieel e\\u2022elt1etioR (the eoFR eRfl St1fleHisioR of FRiliet1 teem (e.g., fllete eettery ORiy): CogRitiYe e\'Blt1etioR, oeet1flBtioRe) therap)', flSyehietrie RtlrSiRg, iRelt1fliRg iRtelligeRee, Yerl:Jel eompreheR ete.) or eoRfereRee -.vith femil;•; 60 miR sioR, '+'erl:Jel reesoRiRg, FRemor;• eRfl leerR t1tes, with report. iRg, '"ist1el/spetie) eeiJities, aRfl at1aitOr)", 70.0 N/A taetile eRfl vist1el pereeptioR tests. BFRo 90851 30 FRiRt1tes, ····ith reflOFt tioRal eREI soeiel essessmeRts iRelttfliRg 35.0 NIA meflieetioR histOf)', with positiYe or Rega [ 79] Proposed WSR 93-21-072 Washington State Register, Issue 93-21 90852 15 mitnttes, witk revert llOSPITAL VISITS 17.5 Gret1p psyeketkerapy (etker tkaR a ffit1lti New er Bstaelisked PatieRts 90853 pie family gret1p) per elaimaRt. 90200 IRitial kespital eare, BRIHF er LIMITHD 50.0 28.5 kistery aHd pkysieal eitaffiiRatieH, iRelt1d iRg iRitiatieR ef diagHestie aHd treatffieHt PSYCI llATRIC SOMATOTI IERAPY 13regram, preparatieR ef kespital reeerds. 90862 Pkarffiaeelegie maRagemeHt, iRelt1diRg (Ret1tiHe .,·isit.) preseriptieH, t1se, aRd reYiew ef mediea .......................... 30.0 tieH witk He ffiere tkaH miHiffial psyeke 90215 IRitial kespital eare, 1mERMEDIAT6 kiste tkerapy. r)' aRd pkysieal exaffiiHatieR, iRelt1diHg .......................... 20.0 f'VA iHitiatieH ef diagHestie aHd treatffieHt 90870 BleetreeeHvt1lsive tkerap)' (iHelt1des Heees 13regraffi aHd preparatieR ef kespital re saf)' ffieRiteriHg); siHgle sei:tt1re, reqt1ires eerds. (Seriet1s er eemplieated ease.) prier at1tkeri:tatieH. . ......................... 50.0 NIA 50.0 NIA 90220 IHitial kes13ital eare, COMPRE116~lSIVE 90871 mt1Hiple sei:tt1res, per day, re kister)' aRd f"R)'Sieal exaffiiHatieR, iRelt1d qt1ires prier at1tkeri:tatieR iHg iRitiatieR ef diagRestie aHd treatffieRt 75.0 WA 13regraffi aHd preparatieH ef kespital re eerds. (A eeffipleJC ease req1:1iriHg aH OTllER TllERAPY 1:1Ht1st1al affiet1Ht ef time, skill, er jt1dg 90880 HypHetkerapy, reqt1ires prier at1tkeri:ta ffieRt aHd eyaJt1atieH ef tke elaiffiaHt as a tifflt.:. WRe)e aeeeffij3aHied B)' a detailed repert iR .......................... 35.0 20.0 additieH te tRe appJieatieH fer eeHefits.) 90882 BHvireHmeHtal iHterveHtieH fer maHage .......................... 70.0 NIA meHt f"Hrpeses eH a e)aimaRt' S eekaJf. Reqt1ires at1tkeri:tatieH aRd re13ert . FOLLOW UP VISITS . . . . . . . . . . . . . . . . . . . . . . . . . . 30.0 17.1 90240 BRl6F exaffiiHatieH, eYalt1atieH, aRdler 90887 IHterpretatieH er explaHatieH ef rest1lts ef treatffieHt, same illHess. (Fellew Hf" kes meHtal kealtk assessffieRts aHd 13reeedt1res, pita! eare.) er etker aeet1mt1lated data te family er .......................... 12.0 etker respeHsiele perseHs er advisiHg 90250 LIMITHD examiHatieH, e¥al1:1atieR, aHd/er tkeffi kew te assist tke elaiffiaHt (eitelt1d treatffieHt. Repert reqt1ired. (Re1:1tiRe iHg etker repertiHg reqt1ired B)' Jaw i.e., fellew l:lf" kespital eare.) ekild preteetive sen·iees). . ......................... 20.0 NIA .......................... 30.0 17.1 90260 INTERM601ATE exaffiiHatieR, e'•alt1atieR, 90899 UHlisted serviees er preeed1:1res. Repert aRd/er treatffieHt. Repert reqt1ired. (Seri reqt1ired wkiek deseriees aHd folly dee1:1 et1s er eeffiplieated ease.) meHts serviees reHdered. . ......................... 30.0 NIA ........................... BR BR 90270 EXT6~1060 reexamiHatieH er reevalt1atieH, req1 1iriHg aH 1 1R1 1s1 1al ame1 1Rt ef tiffie, SPECIAL PROGRAM skill, er j1 1dgffieHt, Bl lt Ret ReeessitatiHg a NeHret1tiHe serviees reqt1iriHg prier agreeffieHt witk tke eeffiplete eitaffiiHatieH er ree·,·al1:1atieH ef departmeHt. AppreYed s13eeial pregraffis reqt1ire prier tke elaimaRt as a wkele aeeeffipaRied B)' at1tkeri:tatieH fer eaek ease. a re13ert. 0285M ClllLDI AOOL6SCE~lT DAY TREAH4E~lT .......................... 40.0 NIA A13preYed pregraffi iHteHded te 13re,·ide a 90280 COM PR El 16~lSIV6 exaffiiHatioH, e,·al1:1atioR, raRge aHd mix ef plaHHed aRd stA:1ett1red or treatffieHt. Re13ort req1:1ired. sen•iees fer seriet1sly ffieHtall)' ill 13erseRs .......................... 50.0 NIA t1Hder tke age ef 18. 90292 Hos13ital disekarge day ffiaHageffieRt ae ........................... BR BR eOffif"aRied ey a report. 30.0 NIA)) 1 IOSPITAL CARE Hespital eare ey tke atteHdiHg j3R)'SieiaH ffiay ee iHitial er REPEALER st1eseqt1eHt iH Hatt1re (see 90200 90280) aHd reqt1ires The following section of the Washington Administrative at1tkeri:tatieH. Sket1ld kespital eare ee eleetiYe er Code is repealed: HeHemergeRt preat1tkeri:tatieH for adffiissieH is reqt1ired. Sket1ld kespital eare ee effiergeRt at1tkericatieH fer eeHtiHt1ed WAC 296-31-095 Consultation fees. Sta)' is reqt1ired B)' tRe eHd ef lRe feJ10'WiHg werkiHg da)'. Proposed [ 80 l Washington State Register, Issue 93-21 WSR 93-21-073 ment would increase the reimbursement rates for providers, PROPOSED RULES thus, the economic impact would be favorable. DEPARTMENT OF Conclusion: The department has evaluated the econom- LABOR AND INDUSTRIES ic impact of the proposed rule changes in accordance with [Filed October 20, 1993, 9:50 a.m.] the Regulatory Fairness Act and with recommendations from Original Notice. the regulatory fairness task force, and concluded that the Title of Rule: Proposed amendments to chapters 296- proposed amendments would have no economic impact on 20, 296-23, and 296-23A WAC regarding reimbursement to small businesses. Thus, neither a more substantive small health care providers. business economic impact analysis nor a proposal for the Purpose: To increase the fees paid for medical services mitigation of an adverse economic impact is necessary. rendered to covered workers. Hearing Location: Department of Labor and Industries, Statutory Authority for Adoption: RCW 51.04.020 and 7273 Linderson Way, Tumwater, WA 98501, on November 51.04.030. 23, 1993, at 1:30 p.m. · Statute Being Implemented: RCW 51.04.020 and Submit Written Comments to: Bill Stoner, P.O. Box 51.04.030. 44322, Olympia, WA 98504-4322, by November 23, 1993. Summary: To increase the fees paid for medical Date of Intended Adoption: December 30, 1993. services rendered to covered workers. October 20, 1993 Reasons Supporting Proposal: Grants a cost-of-living Mark 0. Brown adjustment to providers paid under the fee schedules. Director Name of Agency Personnel Responsible for Drafting: Bill Stoner, 956-6807; Implementation and Enforcement: AMENDATORY SECTION (Amending WSR 93-16-072, Mark Brown, 956-4200. filed 8/1/93, effective 9/1/93) Name of Proponent: Health Services Analysis, Depart- ment of Labor and Industries, governmental. WAC 296-20-135 Conversion factors. (l) The Rule is not necessitated by federal law, federal or state following conversion factors are the base fees for determin- court decision. ing the maximum amount paid by the department for Explanation of Rule, its Purpose, and Anticipated procedures with specified unit values. Except for anesthesia Effects: Amendments to chapters 296-20, 296-23 and 296- services, during the transition period for services rendered on 23A WAC, to increase the reimbursement for medical or after September I, 1993, reimbursement levels cannot be services for covered workers in the fee schedules. determined by multiplying the conversion factor and a Proposal Changes the Following Existing Rules: relative value unit. However, the conversion factors upon Changes the conversion factor paid for reimbursement to which the transition fees for nonanesthesia services are based medical services providers. are listed below (for informational purposes only). Refer to WAC 296-20-132 for additional information. No small business economic impact statement is (2) The conversion factor or base fee for medicine, required for this proposal by chapter 19.85 RCW. surgery, radiology, pathology, laboratory, chiropractic, The department has considered whether this rule is subject to the Regulatory Fairness Act and has determined physical therapy, occupational therapy, naturopathic physi- that it is not due to the lack of impact on small business. cian ((-ftftd)).i. nurse practitioner.§_ procedure codes, and other Proposed Amendments to Rule: Chapter 296-20 WAC, providers, as determined by department policy is_;_ Medical aid rules, this amendment to WAC 296-20-135 $34.51 for services rendered from September I, 1993, proposes a cost-of-living adjustment (COLA) of 6% for the to January 31, 1994. providers of medical services who are reimbursed by the $36.58 for services rendered after February l, 1994. (3) The conversion factor or base fee for anesthesia is department; chapter 296-23 WAC, Radiology, radiation $20.74. therapy, nuclear medicine, pathology, etc., the department is proposing a 6% COLA for occupational therapy services; and chapter 296-23A WAC, Hospitals, the department is AMENDATORY SECTION (Amending WSR 93-16-072, filed 8/1/93, effective 9/1/93) proposing a 6% COLA for physical therapy services. Regulatory Fairness Act: The Washington Regulatory WAC 296-23-220 Physical therapy rules. Practitio- Fairness Act, chapter 19.85 RCW, requires that proposed ners should refer to WAC 296-20-010 through 296-20-125 rules which have an economic impact on more than 20 for general information and rules pertaining to the care of percent of all industries, or IO percent of any one industry workers. as determined by the standard industry classification (SIC) Refer to WAC 296-20-132 and 296-20-135 regarding codes, shall be reviewed to determine if there exists a the use of conversion factors. proportionately higher economic burden of compliance on All supplies and materials must be billed using HCPCS small businesses. Small businesses are defined as businesses Level II codes. Refer to chapter 296-21 WAC for additional having fifty or less employees: information. HCPCS codes are listed in the fee schedules. Summary of Economic Analysis: The department has Refer to chapter 296-20 WAC (WAC 296-20-125) and determined that the proposed amendments would have no to the department's billing instructions for additional economic impact on small businesses within pertinent information. industries as determined by the standard industry classifica- Physical therapy treatment will be reimbursed only tion (SIC) codes. It is apparent that a cost-of-living adjust- when ordered by the worker's attending doctor and rendered by a licensed physical therapist or a physical therapist [ 81 ] Proposed WSR 93-21-073 Washington State Register, Issue 93-21 assistant serving under the direction of a licensed physical Refer to WAC 296-20-132 and 296-20-135 for informa- therapist. Doctors rendering physical therapy should refer to tion regarding the conversion factors. WAC 296-21-095. All supplies and materials must be billed using HCPCS The department or self-insurer will review the quality Level II codes, refer to the department's billing instructions and medical necessity of physical therapy services provided for additional information. to workers. Practitioners should refer to WAC Occupational therapy treatment will be reimbursed only 296-20-01002 for the department's rules regarding medical when ordered by the worker's attending doctor and rendered necessity and to WAC 296-20-024 for the department's rules by a licensed occupational therapist or an occupational regarding utilization review and quality assurance. therapist assistant serving under the direction of a licensed The department or self-insurer will pay for a maximum occupational therapist. Vocational counselors assigned to of one physical therapy visit per day. When multiple injured workers by the department or self-insurer may treatments (different billing codes) are performed on one request an occupational therapy evaluation. However, day, the department or self-insurer will pay either the sum of occupational therapy treatment must be ordered by the the individual fee maximums, the provider's usual and worker's attending doctor. customary charge, or ((~)) $63.65, whichever is less. An occupational therapy progress report must be These limits will not apply to physical therapy that is submitted to the attending doctor and the department or rendered as part of a physical capacities evaluation, work self-insurer following twelve treatment visits or one month, hardening program, or pain management program, provided whichever occurs first. Occupational therapy treatment a qualified representative of the department or self-insurer beyond the initial twelve treatments will be authorized only has authorized the service. upon substantiation of improvement in the worker's condi- The department will publish specific billing instructions, tion. An outline of the proposed treatment program, the utilization review guidelines, and reporting requirements for expected restoration goals, and the expected length of physical therapists who render care to workers. treatment will be required. Use of diapulse or similar machines on workers is not The department or self-insurer will review the quality authorized. See WAC 296-20-03002 for further information. and medical necessity of occupational therapy services. A physical therapy progress report must be submitted to Practitioners should refer to WAC 296-20-01002 for the the attending doctor and the department or the self-insurer department's definition of medically necessary and to WAC following twelve treatment visits or one month, whichever 296-20-024 for the department's rules regarding utilization occurs first. Physical therapy treatment beyond initial twelve review and quality assurance. treatments will be authorized only upon substantiation of The department will pay for a maximum of one occupa- improvement in the worker's condition. An outline of the tional therapy visit per day. When multiple treatments proposed treatment program, the expected restoration goals, (different billing codes) are performed on one day, the and the expected length of treatment will be required. department or self-insurer will pay either the sum of the Physical therapy services rendered in the home and/or individual fee maximums, the provider's usual and custom- places other than the practitioner's usual and customary ary charge, or ((~)) $63.65 whichever is less. These office, clinic, or business facilities will be allowed only upon limits will not apply to occupational therapy which is prior authorization by the department or self-insurer. rendered as part of a physical capacities evaluation, work No inpatient physical therapy treatment will be allowed hardening program, or pain management program, provided when such treatment constitutes the only or major treatment a qualified representative of the department or self-insurer received by the worker. See WAC 296-20-030 for further has authorized the service. information. The department will publish specific billing instructions, The department may discount maximum fees for utilization review guidelines, and reporting requirements for treatment performed on a group basis in cases where the occupational therapists who render care to workers. treatment provided consists of a nonindividualized course of Occupational therapy services rendered in the worker's therapy (e.g., pool therapy; group aerobics; and back home and/or places other than the practitioner's usual and classes). customary office, clinic, or business facility will be allowed Biofeedback treatment may be rendered on doctor's only upon prior authorization by the department or orders only. The extent of biofeedback treatment is limited self-insurer. to those procedures allowed within the scope of practice of No inpatient occupational therapy treatment will be a licensed physical· therapist. See chapter 296-21 WAC for allowed when such treatment constitutes the only or major rules pertaining to conditions authorized and report require- treatment received by the worker. See WAC 296-20-030 for ments. further information. Billing codes and reimbursement levels are listed in the The department may discount maximum fees for fee schedules. treatment performed on a group basis in cases where the treatment provided consists of a nonindividualized course of AMENDATORY SECTION (Amending WSR 93-16-072, therapy (e.g., pool therapy; group aerobics; and back filed 8/1/93, effective 9/1/93) classes). Billing codes, reimbursement levels, and supporting WAC 296-23-230 Occupational therapy rules. policies for occupational therapy services are listed in the fee Practitioners should refer to WAC 296-20-010 through schedules. 296-20-125 for general information and rules pertaining to the care of workers. Proposed [ 82] Washington State Register, Issue 93-21 WSR 93-21-073 AMENDATORY SECTION (Amending WSR 93-16-072, Title of Rule: Proposed amendment to WAC 296-20- filed 8/1/93, effective 9/1/93) 370, 296-20-380 and 296-20-680, and addition of new WAC WAC 296-23A-400 Hospital outpatient physical 296-20-385, all relating to the evaluation of respiratory impairment. therapy rules. Hospitals should refer to chapter 296-20 . Purpose: To clarify rules relating to the evaluat10n of WAC for general information and rules, and to department billing instructions pertaining to the care of workers and the respiratory impairment. Statutory Authority for Adoption: RCW 51.04.020(4), billing of services. 51.04.030, and 51.32.080(2). The procedure codes and maximum allowable fees for Statute Being Implemented: RCW 51.04.020(4), physical therapy services are listed in the fee schedul_es. 51.04.030, and 51.32.080(2). Also refer to WAC 296-20-132 and 296-20-135 regarding use of the conversion factor. Summary: The revised rule specifies the diagnostic Physical therapy treatment will be reimbursed only tests that are to be used in the evaluation of respiratory when ordered by the worker's attending doctor and rendered impairment. The revised category system is based on the quantitative results of these tests. A separate category by a licensed physical ther_apis_t or a ph~sical thera~ist assistant serving under the d1fect10n of a licensed physical system is described for variable impairment. . therapist. Reasons Supporting Proposal: To establish more The department or self-insurer will revie~ the qualit_y certainty and uniformity in the rating of respiratory impair- ment. and medical necessity of physical therapy services. Pract1- t ion er s should refer to WAC 296-20-01002 for the Name of Agency Personnel Responsible for Drafting: Jami Lifka, 7273 Linderson Way, Tumwater, 956-4941; department's definition of medically necessalJ'. and ~o. W ~C Implementation: Chuch Holmquist, 7273 Linderson Way, 296-20-024 for the department's rules regarding ut1lizat1on Tumwater, 956-5055; and Enforcement: Theresa Whitmarsh, review and quality assurance. 7273 Linderson Way, Tumwater, 956-4254. The department or self-insurer will pay for a maxin_ium Name of Proponent: Department of Labor and Indus- of one physical therapy visit per day. When multiple tries, governmental. treatments (different billing codes) are performed on one Rule is not necessitated by federal law, federal or state day, the department or se~f-insurer will pay. eith~r the sum of court decision. the individual fee maximums, the provider s usual and Explanation of Rule, its Purpose, and Anticipated customary charge, or a flat dollar rate of((~)) $63:65, Effects: WAC 296-20-370, 296-20-380, and 296-20-680 whichever is less. These limits will not apply to physical establish rules in the evaluation of respiratory impairment therapy which is rendered as part of a phy~ical capacities and in classification of that disability in proportion to total evaluation, work hardening program, or pam management bodily impairment. The proposed rule change will improve program, provided a qualified ~epresentativ~ of the depart- the evaluation process by eliciting a more impartial and ment or self-insurer has authonzed the service. objectively based impairment rating. New WAC 296-20-3~5 The department will publish specific billing instructions, is proposed which sets up a category system to rate per~1s­ utilization review guidelines, and reporting requirements for tent variable respiratory impairment with normal baseline physical therapists who render care to workers. . spirometry. Use of diapulse or similar machines on workers 1s not Proposal Changes the Following Existi~g Rules: ~he authorized. See WAC 296-20-03002 for further information. proposed rule specifically states which vent1latory funct10n No inpatient physical therapy treatment will be allowed when such treatment constitutes the only or major treatment tests are to be used in the examination process. These tests are defined and acceptable testing standards are outlined. received by the worker. See WAC 296-20-075 and 296- The categories for permanent respiratory impairment are 23A-100 for further information. rewritten to incorporate the quantitative results of these tests. Biofeedback treatment may be rendered on physician's New WAC 296-20-385 is proposed which sets up a category orders only. The extent of biofeedback treatment is li~ited system to rate persistent variable respiratory impairment with to those procedures allowed within the scope of practice of normal baseline spirometry. . a licensed physical therapist. See chapter 296-21 WAC_ and No small business economic impact statement 1s department policy for rules pertaining to the authonzed required for this proposal by chapter 19.85 RCW. conditions and the reporting requirements. The department In response to the proposed revisions to WAC 296-20- may discount maximum fees for treatment pe~formed o~ a 370 296-20-380, 296-20-385, and 296-20-680, the depart- group basis in cases where the treatment provided consists me~t believes that these revisions do not require preparation of a nonindividualized course of therapy (e.g., pool therapy; of a small business economic impact statement. A study group aerobics; and back classes). was performed which compared the impairment ratings given by several examiners using either the current W ACs or the proposed W ACs. The dollar amount to be awarded under WSR 93~21-074 the proposed W ACs was not significantly different fr~m that PROPOSED RULES to be awarded under the current W ACs. Implementing the DEPARTMENT OF proposed W ACs would not increase claim costs or alter the LABOR AND INDUSTRIES employer's premiums and, therefore, should not h~ve an [Filed October 20, 1993, 9:51 a.m.] economic impact. The proposed changes woul~ simply insure the worker a consistent impairment rating from Original Notice. examiner to examiner. [ 83] Proposed WSR 93-21-074 Washington State Register, Issue 93-21 Hearing Location: Department of Labor and Industries are Rearly Rernrnl ( l seeeREI fereee eiltJirateF)' Yelttme 80 Building, Auditorium, 7273 Linderson Way S.W., Tumwater, tJereeRt er greater ef tJreeieteEI), aft BfltJretJriate flFe't•eeatiYe WA, on November 23, 1993, at 1 :30 p.m. ereRehia) ehalleftge test shet1J0 ee Sefte te eemeRStrate the Submit Written Comments to: Jami Litka, Office of the tJreseRee ef t1Rt1st1al restJiratery seRsitiYity. WheR the Medical Director, P.O. Box 44321, Olympia, WA 98504- restJiratery eeRclitieR (asthma er reaeti't•e airway Elisease) is 4321, FAX 956-4249, by November 30, 1993. thettght te ee tJermafteftt, Btlt the Elegree ef restJiratery Date of Intended Adoption: January 17, 1994. imfJairm.eRt Ya~ies, theR the examiRiRg flhysieiaR shall giYe October 20, 1993 BR estimate ef flereefttage ef teta] eeeiJy imtJBirmeRt, BS tJer Mark 0. Brown Rttle 15 er WAC 296 20 220.)) (a) Definitions. Director (i) "FEVl" means the forced expiratory volume in 1 second as measured by a spirometric test performed as AMENDATORY SECTION (Amending Order 82-39, filed described in the most current American Thoracic Society 11/29/82, effective 1/1/83) Statement on Standardization of Spirometry, and using equipment, methods of calibration, and techniques that meet WAC 296-20-370 Respiratory impairments. (1) Rules for evaluation of permanent respiratory impairments: American Thoracic Society (ATS) criteria including reproducibility. The measurement used must be taken from (((a) All FefleFts ef tJhysieal examiRatieR ef tJerseRs feF a spirogram which is technically acceptable and represents restJiFateF)' imtJaiffileRt shall i1telt1Ele: Date ef examiRatieft, the patient's best effort. The measurement is to be ex- Rame, seJC, aEIEIFess, eirtheate, marital stattts, aREI eeetttJatieR pressed as both an absolute value and as a percentage of the ef the tJerSeft eeiftg eJCBffiiftee; height, weight, temtJeratttre, predicted value. The predicted values are those listed in the flttlse rate, eleeEI tJressttre BREI restJiratery rate BREI flh)'Sieal most current edition of the American Medical Association fi1tei1tgs eft iftstJeetieR, flBltJatieR, fleret1ssie1t, afte at1set1lta (AMA) Guidelines for rating permanent respiratory impair- tieR, Yitai eatJaeity tests iRelt1Eli1tg eRe seeefte fereeEI eRtJira ment. tery velttme, fereee Yitai eatJaeity afte mailimttm ·,·elt11ttar)· (ii) "FVC" means the forced vital capacity as measured Yefttilatieft; all symtJtems stteh as ·wheene, eettgh, erthetJRea, by a spirometric test in accordance with criteria described in ehest flBift, fll'trexysmal 1teett1r1tal Elys1rnea, extJeeteratieft, (a)(i) of this subsection. hemetJtysis, as te Elate ef eftset, eettrse with EleseritJtieRs, (iii) "FEVl/FVC" is a ratio calculated based on the ATS Yariatieft, whether i1tfll:le1teea B)' eeeil)' aetiYity, emetiefta) stress, f3estt1re, allergefts, immeeiate eRYire1tmeRtal faeters, Guides criteria as described in the most current American meeieatieftS, freqttefte)' Bfte ElttratieR, BREI hew the)' life Thoracic Society Statement on Standardization of Spirometry. (iv) "Significant improvement" means a fifteen percent affeetee ey restJiratery i1tfeetie1ts; the histef)' ef the flBFtiett or greater improvement in FEVl (volume) after a Jar eJlfleSttre, a hister)' ef lift)' tJrevietts ehest x rays, aRy post-bronchodilator pulmonary function test. allergies, eareiae symtJtems er Eliag1tesis, ehest sttrgery er (v) "DLCO" means the diffusion capacity of carbon Elefermities, trattma, er ether ee1teitie1ts stteh as flRettmethe rax, f3t1lme1tary i1tfaret er ehemieal eFeRehitis; all tJertiReRt monoxide as measured by a test based on predicted values tJerseRal histery ef haeits stteh as smeki1tg, weight gaift er demonstrated to be appropriate to the techniques and less, fatigaeility, Bflfletite; ttse ef meElieatieRs st1eh as equipment of the laboratory performing the test according to stereies, eigita]is, Bfttieieties, Bf0fteheeiJaters, eJlfleeterafttS, current A TS standards. DLCO may be considered for impairment rating only if accompanied by evidence of ete., BREI eeetttJatieHal histery. impaired gas exchange based on exercise testing. (e) Categeries 2 tkfettgh 6 iR WAC 296 20 380 i1telt1Ele (vi) "V02 Max" means the directly measured oxygen the tJreseftee ef eemtJlaiRts ef whate\\u2022er Elegree. consumption at maximum exercise capacity of an individual (e) DystJftea is the majer eemtJlaiHt ef restJiratery as measured by exercise testing and oxygen consumption imtJBiffileftt, BREI eaft t!St11ill)1 ee extJIRiReEI ey the tJreseRee ef expressed in ml/kilo/min corrected for lean bodyweight. aeRermal lt1Hg 't'efttilatieft, tJerfttsieft, er Eliffttsieft, measttree Estimated values from treadmill or other exercise tests either at rest er exereise. SiHee meehaRisms ef restJiratery traet Elamage may Eliffer wieely, i1tEliviElt1al lt11tg fttRetieft without direct measurement are not acceptable. The factor tests may Ret whelly eeffeSfleHEI te the fellewiRg eategeries limiting the exercise must be identified. (vii) "Preexisting impairment" shall be reported as ef imtJairmeftt, Btlt the eJlBffiiftiRg flh)'Sieiaft shettlEI ee aele described in WAC 296-20-220 (1 )(h). te eategerine the Yast m.ajerity ef tJerseRs, t1si1tg a "eest fit" (viii) "Coexisting" is a disease or injury not due to or metheEI fer the fellewiRg reStJiratef)' imtJBit'ffieftt Categeries causally related to the work-related condition that impacts l-¥t (El) PersistiRg 't1ariaele restJiratef)' im.tJaiffileftt. Varial:lle the overall respiratory disability. restJiratery im.tJaiffileftt Eltte te allergie er irritatiYe EliserEleFs (ix) "Apportionment" is an estimate of the degree of impairment due to the occupational injury/exposure when ef the restJirater)' traet, st1eh as ereRehial asthma er reaetiYe preexisting or coexisting conditions are present. airway Elisease, eattsee er st1bsta1ttially aggraYateEI ey faeteFs (x) "Dyspnea" is the subjective complaint of shortness iR the werk fl]aee, shall be eYalttateEI by EletaileEI ftaffative retJert, i1telt1Eli1tg ratieRale fer the werk relatie1tshifl, relatiYe of breath. Dyspnea alone must not be used to determine the imtJertaftee ef ReRvmrk relates eefaeters, stteh as flFeexistiRg level of respiratory impairment. Dyspnea unexplained by asthm.a, teeaeee t1sage, er ether tJerseRal habits, the fteee fer objective signs of impairment or spirometry requires more regttlar meeieatieft te st1esta1ttially imtJre·,•e er eefttrel the extensive testing (i.e., V02 Max). restJiratef)' eeRElitieR, aREI the tJreg1tesis. If tests ef veRtilate (xi) Copies of the American Thoracic Society Statement ry ftt1tetieR, Elefte wheft the tJerseR is ift eliRieal rem.issieft, on Standardization of Spirometry and A TS standards for measuring DLco can be obtained by ordering Pulmonary Proposed [ 84] Washington State Register, Issue 93-21 WSR 93-21-074 Function Testing from The American Thoracic Society, 1740 (ix) The rating of respiratory impairment. The rating of Broadway, New York, NY 10019-4374, Attn: ATS State- respiratory impairment shall be based on the pulmonary ments. Copies of this document are available for review in function test most appropriate to the respiratory condition. the section of the office of the medical director, department A prebronchodilator and postbronchodilator test must be of labor and industries, Tumwater building. performed on and results reported for all patients with These standards are also available through the following demonstrated airway obstruction. The largest FEVl or FVC, references: "American Thoracic Society Committee on on either the prebronchodilator or postbronchodilator trial Proficiency Standards for Pulmonary Function Laboratories: must be used for rating the impairment. If the FEVI and Standardization of spirometry-1987 update." Am Rev Respir FEVl/FVC result in different categories of impairment, the Dis I 987; 136: 1285-1298. "American Thoracic Society value resulting in a higher category of impairment will be .!1._co Standardization Conference: Single breath carbon used. monoxide diffusing capacity (transfer factor): Recommenda- (x) The rating of persisting variable respiratory impair- tions for a standard technique." Am Rev Respir Dis 1987; ment with abnormal baseline function. If resting FEVI is I 36: 1299-1307. "abnormal" (below eighty percent predicted) and shows (b) Evaluation procedures. Each report of examination significant bronchodilator improvement (a greater than or must include the following, at a minimum: equal to fifteen percent improvement in FEY I) one category (i) Identification data: Worker's name, claim number, of impairment must be added to the given category rating, gender, age, and race. but only when the work-related disease being rated is (ii) Detailed occupational history: Job titles of all jobs obstructive in nature. If there is substantial variability from held since employment began. A detailed description of test to test (and good effort), the severity of impairment may typical job duties, protective equipment worn, engineering be rated, using the best fit into the category system, as controls present (e.g., ventilation) as well as the specific described in WAC 296-20-380. exposures and intensity (frequency and duration) of expo- (xi) The rating of persisting variable respiratory impair- sures. More detail is required for jobs involving potential ment with normal baseline spirometry. Variable respiratory exposure to known respiratory hazards. impairment due to allergic or irritative disorder of the (iii) History of the present illness: Chief complaint and respiratory tract, such as bronchial asthma or reactive airway description of all respiratory symptoms present (e.g., disease, caused or permanently aggravated by factors in the wheezing, cough, phlegm, chest pain, paroxysmal nocturnal work place, shall be evaluated by detailed narrative report, dyspnea, dyspnea at rest and on exertion) as well as the including the casual relationship to work factors, a discussion approximate date of onset, and duration of each symptom, of the relative importance of non work related cofactors, such and aggravating and relieving factors. as preexisting asthma, tobacco usage, or other personal (iv) Past medical history: Past history of childhood or habits, the need for regular medication to substantially adult respiratory illness, hay fever, asthma, bronchitis, chest improve or control the respiratory condition, and the progno- injury, chest surgery, respiratory infections, cardiac prob- sis. When tests of ventilatory function, done when the lems, hospitalizations for chest or breathing problems and patient is in clinical steady state, are normal (one second current medications. forced expiratory volume eighty percent or greater of (v) Lifestyle and environmental exposures: Descriptive predicted), an appropriate provocative bronchial challenge history of exposures clinically related to respiratory disease test (i.e., methacholine or histamine) shall be done to including, but not limited to, tobacco use with type and years demonstrate the presence of unusual respiratory sensitivity. smoked. Use of wood as a primary heat source at home or (xii) At the time of the rating, the patient shall be off hobbies that involve potential exposure to known respiratory theophylline for at least twenty-four hours, beta agonists for tract hazards, and other environmental exposures. at least twelve hours, and oral and/or inhaled steroids or (vi) Family history: Family history of respiratory or cromolyn for at least two weeks, in order to determine cardiac disease. severity of air-flow obstruction, unattenuated by therapy. If (vii) Physical examination findings: Vital signs includ- withdrawal of medication would produce a hazardous or life ing a measured height without shoes, weight, and blood threatening condition, then the impairment cannot be rated at pressure. Chest exam shall include a description of the this time; and the physician must provide a statement shape, breathing, breath sounds, cardiac exam, and condition describing the patient's condition and the effect of medica- of extremities (e.g., cyanosis, clubbing, or edema). tion withdrawal. (viii) Diagnostic tests: A chest x-ray shall be obtained (xiii) The method for standardizing provocative bronchi- in all cases. When available, the x-ray should be obtained al challenge testing, using either histamine or methacholine, using International Labor Organization (ILO) standard shall be used. The test drug may be given either by continu- techniques and interpreted using the ILO classification ous tidal volume inhalation of known concentrations, using system. The presence or absence of pleural thickening or an updraft nebulizer, for two minutes, or by the technique of interstitial abnormalities shall be noted. Pulmonary function intermittent deep breaths of increasing test drug strengths reports including a description of equipment used, method of either via a Rosenthal dosimeter or updraft nebulizer, and the calibration, and the predicted values used. A hard copy of results shall be expressed either as the mg/ml concentration all pulmonary function tracings must be available for review. of test drug, or the cumulative breath units (I breath of a 1 The report must contain at a minimum FEY 1 and FVC and mg/ml solution equals one breath unit) which result in a a narrative summary of an interpretation of the test results prompt and sustained (at least three minute) fall in the and their validity. FEVl, greater than twenty percent below baseline FEVI. Medications that can blunt the effect of bronchoprovocation [ 85 ] Proposed WSR 93-21-074 Washington State Register, Issue 93-21 testing shall be withheld prior to testing. Once testing is FEVI/FVC ratio is greater than or equal to .70. Subjective complete, the results shall be expressed in terms of normal, complaints may be present or absent. If exercise testing is mild, moderate, or marked bronchial reactivity, as described done, the maximum oxygen consumption is greater than in WAC 296-20-385. 25cc/kilo/min. If multiple bronchoprovocative inhalation challenge tests (2) The FVC or FEVI is from seventy to seventy-nine have been done, the examining physician shall select the one percent of predicted, and if obstruction is present, the category (normal, mild, moderate, or marked) which most FEYI/FVC ratio is .60 - .69. If exercise testing is done, the accurately indicates the overall degree of permanent impair- maximum oxygen consumption is 22.5-25cc/kilo/min. ment at the time of rating. (3) The FYC or FEVI is from sixty to sixty-nine If the results of serial pulmonary function testing are percent of predicted, and if obstruction is present, the extremely variable and the clinical course and use of FEYl/FVC ratio is .60 - .69. If exercise testing is done, the medication also indicate major impairment, then the physi- maximum oxygen consumption is 20-22.4cc/kilo/min. cian must make a statement in the formulation and medical (4) The FVC or FEYI is from fifty-one to fifty-nine evaluation containing, at a minimum: Diagnosis and whether percent of predicted. The FEVI/FVC ratio is .51 - .59. If work related or nonwork related; nature and frequency of exercise testing is done, the maximum oxygen consumption treatment; stability of condition and work limitations; is 17.5-19.9cc/kilo/min. impairment. (5) FVC from fifty-one to fifty-nine percent of predict- (xiv) Further treatment needs. In all cases, the examin- ed, or the FEVI from forty-one to fifty percent of predicted, ing physician shall indicate whether further treatment is and if obstruction is present, the FEY l/FYC ratio is .41 - indicated and the nature, type, frequency, and duration of .50. If exercise testing is done, the maximum oxygen treatment recommended. consumption is l 5-l 7.4cc/kilo/min. (6) The FVC is equal to or less than fifty percent of AMENDATORY SECTION (Amending Order 82-39, filed predicted or the FEY I is equal to or less than forty percent 11/29/82, effective 1/1/83) of predicted. The FEY l/FVC ratio is equal to or less than .40. If exercise testing is done, the maximum oxygen WAC 296-20-380 Categories of permanent respirato- consumption is less than 15cc/kilo/min. ry impairments. (((1) Tests of YeHtilatory ft:tHetioHs are Hot less dtaH 85 tiereeHt of tire0iete0 HorFRal for the tiersoH' s NEW SECTION age, sell aH0 height. Arterial Oll)'geH satHratioH at rest aH0 after eJlereise is 93 tiereeHt or greater. 8HBjeetiYe eOFRfllaiHts WAC 296-20-385 Categories of persisting variable FRa)' be vreseHt OF abseHt. respiratory impairment with normal baseline spirometry. (2) Tests of ''eHtilatory fuHetioH raHge froFR 70 to 85 (1) "Normal" bronchial reactivity is demonstrated by an tiereeHt of tire0iete0 HorFRal for the tiersoH' s age, seil aH0 insignificant (less than twenty percent) fall from baseline height. Arterial OJl)'geH satHratioH at rest aH0 after enereise FEY I at test doses of histamine or methacholine, up to 16 is 93 vereeHt or greater. DysflHea eoHsisteHt with 't'eHtilator)' mg/ml (continuous inhalation method) or up to 160 breath ft:tHetioH aH0 arterial OJlygeH satHratioH. units (cumulative, repeated deep breath technique). (3) Tests of YeHtilatory fuHetioH raHge froFR 60 to 70 (2) "Mild" bronchial hyperactivity (BHR) is a significant vereeHt of tire0iete0 HorFRal for the tiersoH' s age, sex aH0 (equal to or greater than twenty percent) fall in the FEVI at height aH0/or arterial Oll)'geH satHratioH at rest is HOrFRal blit test doses of 2.1-16 mg/ml, or 21-160 breath units. after exereise is 88 to 93 tiereeHt. D)'SflHea eoHsisteHt with (3) "Moderate" BHR is a significant (equal to or greater veHtilatoty fuHetioH aH0 arterial Oll)'geH satHratioH. than twenty percent) fall in the FEVI at test doses of 0.26-2 ( 1) Tests of ·reHtilatory fliHetioH raHge fro FR 50 to 60 mg/ml, or 2.6-20 breath units. flereeHt of vre0iete0 HOrFRal for the fleFSOH' S age, sex aH0 (4) "Marked" BHR is a significant (equal to or greater height. Arterial Oll)'geH satHratioH at rest aH0 after enereise than twenty percent) fall in the FEYI at test doses equal to is 88 to 93 fleFeeHt. The siHgle breath 0iffosiHg eavaeity (if or less than .25 mg/ml, or 2.5 breath units. verforFRe0) is greater thaH 50 vereeHt tire0iete0. DySflHea eeHsisteHt with ''eHtilatory fliHetioH aH0 arterial oxygeH AMENDATORY SECTION (Amending WSR 90-04-007, satliratiOH. filed 1/26/90, effective 2/26/90) (5) Tests of ''eHtilatory fuHetioH raHge froFR 40 to 50 WAC 296-20-680 Classification of disabilities in vereeHt of vre0iete0 HOrFRal for the tiersoH, s age, sex aH0 proportion to total bodily impairment. height. Arterial OJlygeH satHratioH at rest aH0 after exereise is less thaH 88 vereeHt. The siHgle breath 0iffosiHg eatiaeity (1) Permanent Cervical and Cervico-Dorsal Impair- is greater thaH 40 tiereeHt vre0iete0. D)'SflHea eOHSisteHt ments with ''eHtilatOf)' foHetioH aH0 arterial oxygeH satHratioH. (6) Tests of YeHtilatory fliHetioH are below 40 vereeHt of Category I 0% vre0iete0 HOFFRal for the vatieHt' s age, sex aH0 height. 2 10% Arterial oxygeH satHratioH at either rest or exereise is 83 3 20% vereeHt Of less. The siHgle breath 0iffHsiHg eatiaeity is 40 4 25% vereeHt Of less of vre0iete0. Gra0e III or IV 0)1SflHea is 5 35% tireseHt, FReasHre0 OH a seale of 0 to 4.)) (1) The FVC and FEV 1 are greater than or equal to eighty percent of predicted normal for the person's age, gender, and height. The Proposed [ 86] Washington State Register, Issue 93-21 WSR 93-21-074 (2) Permanent Dorsal Region Impairments (9) Permanent Variable Respiratory Impairment with Normal Baseline Spirometry Category I 0% 2 10% Category I 0% 3 20% 2 5% 3 10% (3) Permanent Dorso-Lumbar and Lumbosacral Impair- 4 15% men ts .LlQl Permanent Air Passage Impairments Category I 0% 2 5% Category I 0% 3 10% 2 5% 4 15% 3 15% 5 25% 4 25% 6 40% 5 35% 7 60% 6 60% 8 75% ((fl-Gt)) D1.l Permanent Air Passage Impairments Due to Nasal (4) Permanent Impairments of the Pelvis Septum Perforations Category I 0% Category I 0% 2 2% 2 2% 3 5% ((fl-B)) @Permanent Loss of Taste and Smell 4 5% 5 5% Category I 3% 6 5% 2 3% 7 10% 8 10% ((fHt)) i.U.l Permanent Speech Impairments 9 15% Category I 0% (5) Permanent Convulsive Neurologic Impairments 2 5% 3 10%. Category I 0% 4 20% 2 10% 5 30% 3 35% 6 35% 4 60% ((f-Ht)) ilil Permanent Skin Impairments (6) Permanent Mental Health Impairments Category I 0% Category I 0% 2 5% 2 10% 3 10% 3 25% 4 25% 4 45% 5 40% 5 70% 6 60% (7) Permanent Cardiac Impairments ((fl-41))@ Permanent Impairments of Upper Digestive Tract, ~~~~~~~~~~~~~~~~~~ Stomach, Esophagus or Pancreas Category I 0% 2 10% Category I 0% 3 20% 2 5% 4 35% 3 10% 5 50% 4 35% 6 65% 5 60% (8) Permanent Respiratory Impairments ((fl-:)1)) ilfil. Permanent Impairments of Lower Digestive Tract ~~~~~~~~~~~~~~~~~~ Category I 0% Category I 0% 2 15% 2 5% 3 25% 3 15% 4 40% 4 30% 5 65% 6 75% ((fl-61)) Q.11 Permanent Impairments of Anal Function Category I 0% 2 5% [ 87] Proposed WSR 93-21-074 Washington State Register, Issue 93-21 3 15% the purchase of needed services. Defines gross family 4 25% income, dependents, family, and disability-related expenses. ((fl-'.71)) ilfil. Pennanent Impairments of Liver and Biliary Tract Statutory Authority for Adoption: RCW 71 A.12.040. Statute Being Implemented: RCW 71A.12.040. Category I 0% Summary: Requires families receiving family support 2 5% services to provide the department information regarding 3 20% their family income and family size. WAC defines gross 4 40% family income, dependents, family and disability-related 5 60% expenses. Includes the incremental formula. Reasons Supporting Proposal: The 1993 legislature ((fl-81)) il22. Pennanent Impainnents of the Spleen, Loss of One reduced the division's family support budget with the Kidney, and Surgical Removal of Bladder with expectation that the division would implement a family Urinary Diversion financial participation program. (SSB 5968). Name of Agency Personnel Responsible for Drafting, Category I 15% Implementation and Enforcement: John Stern, Division of 2 10% Developmental Disabilities, 753-2773. 3 20% Name of Proponent: Department of Social and Health ((fl-91)) (20) Pennanent Impairments of Upper Urinary Tract Services, governmental. Rule is not necessitated by federal law, federal or state Category I 0% court decision. 2 10% Explanation of Rule, its Purpose, and Anticipated 3 25% Effects: Same as above. 4 45% Proposal Changes the Following Existing Rules: See 5 65% above. No small business economic impact statement is ((~)) illl Additional Permanent Impairments of Upper required for this proposal by chapter 19.85 RCW. Urinary Tract Due to Surgical Diversion Hearing Location: OB-2 Auditorium, 14th and Franklin, Olympia, Washington, on December 7, 1993, at 10:00 a.m. Category 1 10% If you need sign language assistance, please contact the 2 15% Office of Vendor Services by November 23, 1993. TDD ((~)) (22) Pennanent Impairments of Bladder Function 753-4595 or SCAN 234-4595. Submit Written Comments to: Dewey Brock, Chief, Category I 0% Office of Vendor Services, Mailstop 45811, Department of 2 10% Social and Health Services, Olympia, 98504, TELEFAX 3 20% 586-8487 or SCAN 321-8487, by November 30, 1993. 4 30% Date of Intended Adoption: December 8, 1993. 5 50% October 20, 1993 Dewey Brock, Chief ((~))@ Pennanent Anatomical or Functional Loss of Testes Office of Vendor Services Administrative Services Division Category I 0% 2 5% AMENDATORY SECTION (Amending Order 3372, filed 3 10% 4/21/92, effective 5/22/92) 4 25% 5 35% WAC 275-27-220 Family support services. (I) The department's intent of family support services shall be to: (a) Reduce or eliminate the need for out-of-home residential placement of a client ((whereiR)) where the in- WSR 93-21-078 home placement is in the client's best interest; PROPOSED RULES (b) Allow a client to live in the most independent setting DEPARTMENT OF possible; and SOCIAL AND HEALTH SERVICES (c) Have access to services best suited to a client's (Institutions) needs. [Filed October 20, 1993, 11 :22 a.m.] (2) The department's family support services shall Original Notice. include, but not be limited to, the following services: Title of Rule: WAC '.?75-27-220 Family support (a) Emergency or planned respite care; services, 275-27-221 Family financial participation, and 275- (b) Attendant care; 27-223 Service need levels. (c) Therapeutic services, including: Purpose: Requires families receiving family support (i) Physical therapy; services to provide the department information regarding (ii) Occupational therapy; family income and family size. To include the incremental (iii) Behavior management therapy; and fonnula for detennining the family's ability to participate in (iv) Communication therapy. Proposed [ 88] Washington State Register, Issue 93-21 WSR 93-21-078 (d) The purchase, rental, Joan, or refurbishment of five or less shareholders, who are U.S. citizens), partner- specialized equipment, environmental modifications, and ships, estates, and trusts; gains from the sale or exchange other adaptations; and (including barter) of real estate, securities, coins, gold, silver, Other service ({)'l1 trs1 1aRt to)) approved by the gems, or other property; gain from the sale or exchange of director or designee as described under subsection (I) of this the family's main home; accumulation distributions from section ((6'.)'l)'lfOYeS by tfie sireetor Of sesigRee)). trusts; scholarships and fellowship grants; original issue (3) The department shall authorize services to the family discount, distribution from simplified employee pensions for a specified time-limited period. (SEPs) and deductible employee contributions (DECs); (a) A departmental service authorization shall state the amounts received in place of wages from accident and health type, amount, and period (duration) of service. Each plans if employer paid for the policy; bartering income, Tier department authorization shall constitute a new service for a 2 and supplemental annuities under the Railroad Retirement new period. Act; life insurance proceeds from a policy the family cashed (b) If requested family support services are not autho- in if the proceeds are more than the premiums paid; endow- rized, such actions shall be deemed a denial of services. ments; lump-sum distributions; prizes and awards; gambling (c) Family support services may be authorized below the winnings; Social Security; capital gains; and child support. amount requested by the family for the period. When, (b) "Income" does not include earned income by during the authorized service period, family support services dependent family members, or not include income of a are reduced or terminated below the amount specified in family member who resides in another household when such service authorizations, the department shall deem such income is not available to the family member seeking family actions as a reduction or termination of services. support services. ( 4) The department shall authorize family support (2) "Family" means a person or a person and the services in accordance with department-established policies person's spouse, if not legally separated, and the person's ((establishes b~· the 6e)'l8ftffieRt)). The department shall base dependents. periodic service authorizations on: (3) "Dependent" means a relative who depends on the (a) Requests for family support services described in family income for at least half of the relative's support. subsection (2) of this section; ( 4) "Disability-related expenses" means the most recent (b) Service need levels as described in section 223 of annual expenses provided by the family to eligible clients this chapter; including bills from physician, dentists, and other medical (c) Availability of family support funding; ((ftflti)) professionals; the clients' health insurance premiums and/or (d) The family's ability to purchase services required by medical spenddown; amounts paid to rent or purchase a minor client as described under WAC 275-27-221 based on medical equipment; amounts paid for modification of homes family-provided financial information; or vehicles to accommodate the eligible child(ren); special- id Authorization by a review committee, in each ized clothing; exceptional child care and other disability- regional office, which reviews each request for service; and related expenses. (Q Authorization of family support services shall be (5) Based on the level of family support services contingent upon the applicant providing accurate and authorized under WAC 275-27-220(4) for a client who is complete information concerning family income and disabili- under eighteen years of age, in order to be authorized for ty-related expenses as requested by the department. Failure family support services, each family shall provide the to provide accurate and complete information may result in department with accurate and complete information on the: reduction in the family's family support service authoriza- (a) Family's annual gross income; tion. Such reduction shall not result in family participation (b) Family size; and beyond that required by the actual level of family income (c) Client's disability-related expenses sufficient to and disability-related expenses for the period in question. assess the family's ability to participate in the purchase of (5) The department shall ensure service authorizations family support services. do not exceed maximum amounts for each service need level (6) The department shall make an assessment of the based on the availability of funds .. family's ability to purchase services required by the client as (6) The department shall not authorize a birth parent, follows: adoptive parent, or stepparent living in the same household (a) Determine the annual gross income of the eligible as the client as the direct care provider for respite, attendant, client's family; nursing, therapy, or counseling services for a child under (b) Not require families, whose annual gross income is eighteen years of age. less than two hundred percent of the federal poverty guide- lines based on family size, to participate in the purchase of family support services; NEW SECTION (c) Require families, whose annual gross income is two WAC 275-27-221 Family financial participation. (I) hundred percent or more of the federal poverty guidelines on "Gross family income" means the total income of all family size, to participate in the purchase of the services members of a family. according to the following incremental formula: (a) Income includes earned income, such as wages and (i) For that portion of a family's income between two tips; unearned income, such as interest, dividends, and hundred percent and four hundred percent of the federal pensions; family's share of income from S corporations poverty guidelines based on family size, family financial (domestic corporation with one class of stock having thirty- participation shall be four percent times that portion of the family's reported income; [ 89] Proposed WSR 93-21-078 Washington State Register, Issue 93-21 (ii) In addition, for that portion of a family's income (b) Level of financial participation most recently between four hundred percent and six hundred percent of the determined by the department. federal poverty guidelines based on family size, family (9) The department may recompute the level of partici- financial participation shall be four and one-half percent pation when the difference is less than one hundred twenty times that portion of the family's reported income; dollars. (iii) In addition, for that portion of a family's income between six hundred percent and eight hundred percent of AMENDATORY SECTION (Amending Order 3372, filed the federal poverty guidelines based on family size, family 4/21/92, effective 5122/92) financial participation shall be five percent times that portion WAC 275-27-223 Service need levels. (I) The of the family's reported income; department shall use service need levels to determine (iv) In addition, for that portion of a family's income periodic family support service authorizations. between eight hundred percent and one thousand percent of (2) The department shall determine service need levels the federal poverty guidelines based on family size, family in order of priority for funding as follows: financial participation shall be five and one-half percent Service need level 1 Client is at in in iediate risk. of times that portion of the family's reported income; out-of-home placement without the prov1s1on of family (v) In addition, for that portion of a family's income support services. The client needs intensive reside~tial between one thousand percent and twelve hundred percent of support to assist the client's family t? care for the family's the federal poverty guidelines based on family size, fa~ily child or adult requiring nursing services, attendant care, or financial participation shall be six percent times that portion support due to difficult behaviors. ((T~e eli.eAt ffll:!St ~eei~e of the family's reported income; tke fflajerit)' ef fafflily s1 1pp0rt sen·1ees IA s1 1ek eheAt s (vi) In addition, for that portion of a family's income keffle. AA existiAg er Aev.· eligible elieAt ffll:!St have re between twelve hundred percent and fourteen hundred eeiYea, e"t·er tke fflest reeeAt three ffl0Atks, at least teA aays percent of the federal poverty guidelines b~sed on family er eighty k01 1rs per ffleAtk ef s1 1ek sen·iee;)) A client shall size, family financial participation sh_all be six and _one-half (i) Have received, over the past three months, at least percent times that portion of the f~m1ly's repo~ed, in_come; ten days or eighty hours of service; or . (vii) In addition, for that port10n of a family s income (ii) Need to receive at least ten days or eighty hours per between fourteen hundred percent and sixteen hundred month of service to prevent immediate out-of-home place- percent of the federal poverty guidelines based on family ment. size, family financial participation shall be seven percent --(b) Service need level 2: Client is at high risk of out- times that portion of the family's reported income; of-home placement without the provision of family support (viii) In addition, for that portion of a family's income services and has one or more of the following documented between sixteen hundred percent and eighteen hundred in writing: percent of the federal poverty guidelines based on family (i) The client: size, family financial participation shall be seven and one- (A) Currently receives adult protective services or hal f percent times that portion of the family's reported division of children and family services as an active: income; (I) Child protective service client; (ix) In addition, for that portion of a family's income (II) Child welfare service client; or between eighteen hundred percent and two thousan~ per~ent (III) Family reconciliation service client. of the federal poverty guidelines based on family size, (B) Has returned home from foster care or group care family financial parti~ipation shall ?e ,eight and ~ne-hal~ placement within the last six months; .. percent times that port10n of the family s reported income, (C) Has a serious medical problem requmng close and and ongoing monitoring and/or specialized treatment, such as: (x) The department will not author!ze fam~ly support (I) Apnea monitor; services for families whose annual gross income 1s over two (II) Tracheotomy; thousand percent of the federal poverty guidelines based on (III) Heart monitor; size. (IV) Ventilator; (d) The annual gross income shall be adjusted down- (V) Constant monitoring due to continuous seizures;. ward for annual disability-related expenses incurred by the (VI) Immediate life-saving intervention due to Jiff family for eligible clients. . threatening seizures; (7) The department may re-evaluate at any time the (VII) Short bowel syndrome; or ability of a family to purchase required family support (VIII) Brittle bone syndrome. services under this subsection, but not less than once per (D) Has a dual diagnosis based on current mental healt~ year or when the department believes there is a ~hange_ of DSM Axis I diagnosis; factors that determine ability to purchase services including (E) Has an extreme behavioral challenge resulting ir family income and family size. health and safety issues for self and/or others which: (8) The department shall recompute the required lev~I (I) Resulted in serious physical injury to self or othen of participation as described under. subsection O} of this within the last year; section if the department's re-evaluation reveals a difference (II) For a client who is two years of age or older of one hundred twenty dollars or more between the: requires constant monitoring when awake for personal safet) (a) Family's current ability to participate in the purchase reasons; or of family support services; and Proposed I 90 I Washington State Register, Issue 93-21 WSR 93-21-078 (Ill) Is of imminent danger to self or others as deter- (iii) Client's current adjustment; mined by a psychiatrist, psychologist, or other qualified (iv) Parental history of psychiatric hospitalization; professional. (v) Clinical assessment of family's condition; and (F) Is ten years of age or older or weighs forty pounds (vi) Statements from other professionals. or more, requires lifting, and needs direct physical assistance (c) Caregiver conditions, such as acute and/or chronic: in three or more of the following areas: (i) ((Aettte eHfi/er ehreHie)) Stress; (I) Bathing; (ii) ((Aettte eH8/er ehreHie))Ehysical limitations; and (II) Toileting; (iii) ((Aettte eH8/er effi=eHie)) Mental and/or emotional (III) Feeding; impairments. (IV) Mobility; or (d) Client's need for intense medical, physical, or (V) Dressing. behavioral support; (ii) The caregiver: (e) Family's ability to use typical community resources; (A) Is a division of developmental disabilities client; (f) Availability of private, local, state, or federal (B) Has a physical or medical problem that interferes resources to help meet the need for family support; with providing care; or (g) Severity and chronicity of family or client problems; (C) Has serious mental health or substance abuse and problems and: (h) Degree to which family support services will: (I) Is receiving counseling for these problems; or (i) Ameliorate or alleviate such problems; and (II) Has received or applied for counseling within the (ii) Reduce the risk of out-of-home placement. past six months. (((4) BegiHHiHg Mey I, 1992, the 8e13ertFHeHt's reYisefi (c) Service need level 3: The family is at risk of sen·iee Heefl leYel flefiHitieHS shell se iH effeet. The significant deterioration which could result in an out-of-home 8e13ertFHeHt' s sen·iee Heed leYels ettrreHtly defiHefi HHder placement of the client without provision of family support seetieH 223 ef this ehe13ter shell reFHeiH iH effeet threttgh services due to the following: A13ril 1992.)) (i) The client requires direct physical assistance, above what is typical for such client's age, in three or more of the following areas: (A) Bathing; WSR 93-21-079 (B) Toileting; PROPOSED RULES (C) Feeding; DEPARTMENT OF (D) Mobility; or SOCIAL AND HEALTH SERVICES (E) Dressing. (Public Assistance) [Filed October 20, 1993, 11 :23 a.m.] (ii) The client has current behavioral episodes resulting m: Original Notice. (A) Physical injury to the client or others; Title of Rule: Chapter 388-43 WAC, Deaf and hard of (B) Substantial damage to property; and/or hearing services. (C) Chronic sleep pattern disturbances or chronic Purpose: Defines the Office of Deaf and Hard of continuous screaming behavior. Hearing Services (OD HHS), repeals chapter 248-172 WAC (iii) The client has medical problems requiring substan- from the Department of Health, and makes changes in the tial extra care; and/or telecommunications access service (TAS) equipment redistri- (iv) The family is: bution process as mandated by SHB 1752 in 1993. (A) Experiencing acute and/or chronic stress; Statutory Authority for Adoption: RCW 43.20A.720, (B) Has acute or chronic physical limitations; or 43.20A.725, and 43.20A.730. (C) Has acute or chronic mental or emotional limita- Statute Being Implemented: RCW 43.20A. 720, tions. 43.20A.725, and 43.20A.730. (d) Service need level 4: Family needs temporary or Summary: Creates new rules in the telecommunications ongoing services in order to: access service equipment redistribution process as mandated (i) Receive support to relieve and/or prevent stress of by the 1993 legislative changes. Places these proposed rules caregiver/family; or under the Department of Social and Health Services. (ii) Enhance the current functioning of the family. Reasons Supporting Proposal: Defines the Office of (3) The department shall determine service need level of Deaf and Hard of Hearing Services (ODHHS), repeals the client's service request by reviewing information re- chapter 248-172 WAC under the Department of Health, and ceived from the client, family, and other sources about: places the proposed rules under Department of Social and (a) Whether client is an active recipient of services from Health Services. the division of children and family services or adult protec- Name of Agency Personnel Responsible for Drafting, tive services; Implementation and Enforcement: G. Leon Curtis, Office of (b) Whether indicators of risk of out-of-home placement Deaf and Hard of Hearing Services. 753-0703. exist, and the imminence of such an event. The Name of Proponent: Department of Social and Health department's assessment of such risk may include: Services, governmental. (i) Review of family's requests for placement; Rule is not necessitated by federal law, federal or state (ii) History of family's involvement with children's court decision. protective services or adult protective services; [ 91 l Proposed WSR 93-21-079 Washington State Register, Issue 93-21 Explanation of Rule, its Purpose, and Anticipated (2) Within available funds, and as specified by contract, Effects: Same as above. the department shall ensure the Washington regional service Proposal Changes the Following Existing Rules: See centers provide: above. (a) Information services relating to deafness services; No small business economic impact statement is (b) Coordination among private and public agencies, the required for this proposal by chapter 19.85 RCW. office of deaf and hard of hearing services (ODHHS), Hearing Location: On December 9, 1993, Thursday, at regions, and the deaf community; 10:30 a.m., Eastern Washington Center for the Deaf and (c) Training and consultative services to public and Hard of Hearing, North 1206 Howard Street, Spokane, WA private agencies; 99201; on December 13, 1993, Monday, at 10:30 a.m., (d) Advocacy for a deaf or hard of hearing client; Central Washington Service Center for the Deaf and Hard of (e) Assistance to a deaf or hard or hearing client in Hearing, 303 South 12th A venue, Yakima, WA 98902; and applying for and securing programs and services from on December 14, 1993, Tuesday, at 9:00 a.m., Tacoma Area DSHS; and Coalition of Individuals with Disabilities, 6315 South 19th (f) Assistance and perform other duties relating to Street, Tacoma, WA 98465. deafness as required by the contract. Two sign language interpreters will attend each meeting. If you need further interpreter assistance, call the DSHS NEW SECTION Office of Deaf and Hard of Hearing Services at TTY 753- WAC 388-43-005 Definitions. The following defini- 0699 or SCAN 234-0699. Submit Written Comments to: Dewey Brock, Chief, tions shall apply in this chapter, unless the context otherwise requires: Office of Vendor Services, Mailstop 45811, Department of ( 1) "Amplifier" means an electrical device for use with Social and Health Services, Olympia, 98504, TELEFAX a telephone which amplifies the sounds being received 586-8487 or SCAN 321-8487, by December 21, 1993. during a telephone call or a telephone with built-in amplifi- Date of Intended Adoption: December 30, 1993. cation. October 20, 1993 (2) "Applicant" means a person who applies for a Dewey Brock, Chief teletypewriter (hereinafter TTY), amplifier, telebraille, large Office of Vendor Services visual display, or signal device. Administrative Services Division (3) "Audiologist" means a person who has a masters or doctoral degree in audiology and a certificate of clinical Chapter 388-43 WAC DEAF AND HARD OF HEARING SERVICES competence in audiology from the American Speech, Hearing, and Language Association. ( 4) "Deaf" means a condition of severe or complete NEW SECTION absence of auditory sensitivity where the primary effective WAC 388-43-001 Scope. (1) The office of deaf and receptive communication mode is visual or tactile, or both. hard of hearing services (ODHHS) within the department of (5) "Deaf-blind" means a hearing loss and a visual social and health services (DSHS): impairment that require use of a TTY to communicate (a) Provides DSHS information relating to deaf, hard of effectively on the telephone, and may require a specific hearing, and/or deaf-blind; telecommunications device for a person with limited sight, (b) Provides DSHS technical assistance regarding as certified under WAC 388-43-010. deafness; (6) "Department" means the department of social and (c) Provides DSHS training and workshops on deafness; health services. and (7) "Distribution center" means a facility under contract (d) Assists DSHS in securing sign language interpreters to DSHS services including but not limited to: services for DSHS deaf clients. (a) Providing literature about T AS programs; (2) ODHHS maintains and oversees the telecommunica- (b) Providing space for qualified trainers to instruct tion access services (TDD relay and distribution program), recipients in the use of telecommunications equipment; and serves as administrator responsible for the DSHS (c) Providing storage space for telecommunications advisory committee on deafness. equipment; and (d) Point of contact for persons to communicate with NEW SECTION ODHHS or TAS. (8) "Federal poverty level guidelines" means the poverty WAC 388-43-002 Regional centers. The office of level established by P.L. 97-35 § 52 (codified at 42 USC § deaf and hard of hearing services (ODHHS) shall contract 9747), § 673(2) (codified at 42 USC § 99202(2)) as amend- with regional centers for the deaf and hard of hearing. ed; and the Poverty Income Guideline updated annually in the Federal Register. NEW SECTION (9) "Hard of hearing" means a condition of some WAC 388-43-003 Services. (I) Within the available absence of auditory sensitivity with residual hearing which funds, contractors shall provide quality human services for may be sufficient to process linguistic information through a person who is deaf or hard of hearing. audition with or without amplification under favorable listening conditions, or a condition of other auditory handi- capping conditions. Proposed [ 92 J Washington State Register, Issue 93-21 WSR 93-21-079 ( 10) "Hearing di sabled" means a hearing loss that (2) An eligible applicant shall be certified in writing as requires use of either a TTY, telebraille, large visual display hearing disabled, speech disabled, or deaf-blind by one of or an amplifier to communicate effectively on the telephone, the following: and may require the use of a signal device to indicate when (a) A person licensed to practice medicine in the state the telephone is ringing, as certified under WAC 388-43-010. of Washington; ( 11) "OD HHS" means the office of deaf and hard of (b) An audiologist in Washington as specified under hearing services, department of social and health services. WAC 388-43-005; ( 12) "Official application date" means the date the (c) A vocational rehabilitation counselor in a local department received the completed telecommunications division of vocational rehabilitation office; equipment application form. (d) A deaf specialist or coordinator at one of the (13) "Qualified trainer" means a person knowledgeable community service centers for the deaf and hard of hearing about the appropriate use of TTYs, amplifiers, telebrailles, in the state. and/or signal devices, capable of instructing recipients with (e) A deaf-blind specialist or coordinator at Helen Keller differing hearing and vision disabilities. The qualified regional office, Washington deaf-blind service center, or eye trainer shall be fluent in American Sign Language and able specialist; or to communicate with persons with a hearing or speech (f) A certified speech pathologist practicing in the state disability who use other communication modes. of Washington. (14) "Recipient" means a person who or organization (3) TAS may require additional documentation to which has received a state-issued TTY, amplifier, telebraille, determine if the applicant meets the eligibility requirements large visual display, or signal device. under sections 0 I 0 and 020 of this chapter. (15) "School age" means a child five years to seventeen (4) At the time an applicant applies for equipment, the years of age. applicant shall provide the department information on family ( 16) "Signal device" means a electronic device that income and family size. alerts a hearing impaired or deaf-blind recipient of an (5) At the time an applicant applies for equipment, the incoming telephone call. department shall notify the applicant of the legal conse- (17) "Speech disabled" means a speech disability that quences if the applicant provides false information. requires the use of a TTY to communicate effectively on the (6) The department shall ensure an eligible organization telephone. meets the following criteria: (18) "TAS" means the telecommunications access (a) The organization must provide a copy of the service, governed by the office of deaf and hard of hearing certificate of incorporation as a nonprofit organization and its services, department of social and health services. bylaws, to indicate that the intent of the organization is to ( 19) "Telebraille" means an electrical device for use represent the hearing or speech disabled or deaf-blind with a telephone and TTY that utilizes a braille display to · persons statewide; receive messages. · (b) The organization must have represented hearing or (20) "Telecommunications equipment/device" means speech disabled or deaf-blind persons statewide in the last amplifier, TTY, telebraille, large visual display, and signal- three years; and ling devices. (c) The organization must have a telephone number (21) "Telecommunications relay center" means a facility which is either listed or available through statewide publicity authorized by DSHS to provide telecommunications relay for the hearing disabled. services. (22) "Telecommunications relay service (TRS)" means NEW SECTION a telephone service through facilities equipped with special- WAC 388-43-020 Approval of application for initial ized equipment and staffed by communications assistants device or request for replacement device. (I) An appli- who relay conversations between people who use TTY s and cant shall fi II out an: people who use the general telephone network. (a) Application form; and (23) "Teletypewriter (TTY)" means an electrical device (b) Declaration of income statement. for use with a telephone that utilizes a keyboard, acoustic (2) If the department determines an applicant is eligible, coupler, and display screen to transmit and receive messages. T AS shall approve the application except as provided under Also known as ''TDD" (telecommunications device for the WAC 388-43-030 (1 )(a) or (b). deaf) or "TT" (text telephone). (3) An eligible applicant's reported total family income and family size described under this subsection shall deter- NEW SECTION mine the applicant's level of financial responsibility in WAC 388-43-010 Eligibility requirements. (I) An obtaining the equipment under the following federal poverty eligible applicant shall: guidelines: (a) Be hearing or speech disabled or deaf-blind; and (a) Federal Poverty Level (Annual Income) (b) Be resident of Washington state; and Family (c) Be at least school age as defined under WAC 388- Size 100% 166% 177% 189% 200% 43-005( 15); and I 6,970.0 11,570.2 12.336.9 13.173.3 13,940.0 (d) Meet total annual family income and family size 2 9,430.0 15,653.8 16,691.1 17.822.7 18.860.0 requirements as set forth under section 020 of this chapter. 3 11,890.0 19, 737.4 21.045.3 22.472.1 23.780.0 4 13.450.0 23,821.0 25,399.5 27,121.S 28,700.0 5 16,810.0 27,904.6 29.753.7 31,770.9 33.620.0 [ 93 l Proposed WSR 93-21-079 Washington State Register, Issue 93-21 6 19,270.0 31,988.2 34,I07.9 36,420.3 38,540.0 (s) Child support received. 7 21,730.0 36,071.8 38,462.1 41,069.7 43,460.0 1 An S corporation is a domestic corporation with one class 8 24,190.0 40,155.4 42,816.3 45,719.1 48,380.0 *9 26,650.0 44,239.0 47,170.5 50,368.5 53,300.0 of stock having 35 or less shareholders who are US citizens. *10 2 29,1 IO.O 48,322.6 51,524.7 55,017.9 58,220.0 An SEP is a Simplified Employee Pension. *I I 31,570.0 52,406.2 55,878.9 59,667.3 63,140.0 3 A DEC is a deductible Employee Contribution. *12 34,030.0 56,489.8 60,233.1 64,316.7 68,060.0 * More than 8 = Add $2,460.00 for each additional person NEW SECTION (b) Sliding Scale of Participation WAC 388-43-030 Denial of initial application or request for replacement device. ( l) Denial of initial (Percent of equipment cost applicant is required to pay) application. T AS shall deny an original application for a Percent of Federal Client Pays TTY, amplifier, telebraille, large visual display, or signal Poverty Level Percent of Equipment Cost device if an applicant: 0 - 165 0 (a) Does not meet the eligibility requirements of WAC 166 - 176 25 388-43-010; or 177 - 188 50 (b) Has already been issued a similar device from TAS. 189 - 199 75 (2) Denial of replacement request. T AS shall deny a 200 and above 100 request for replacement of a TTY, amplifier, telebraille, large visual display, or signal device if the recipient: (4) A recipient of equipment shall own the equipment, (a) Reported a family income of one hundred sixty-five with the exception of a telebraille and tactile signalling percent and above on the federal poverty level; or device, if the department distributed the equipment before (b) Subjected a previously issued device, either through May 15, 1993. When a telecommunications device distribut- negligence or intent, to abuse, misuse, unauthorized repair, ed before May 15, 1993 breaks after warranty has expired, or other negligent or intentional conduct which resulted in the recipient shall renew his or her application for equipment damage to the equipment; or as an original applicant as described under this chapter. (c) Failed to file with the police a report of stolen (5) The department shall provide an eligible recipient equipment within fifteen working days of discovering the initial or replacement equipment based on the availability of theft; or equipment and/or funds. (d) Failed to file with the police or the fire department (6)(a) Family size is an individual or an individual and a report of fire having damaged the equipment within fifteen the individual's spouse, if not legally separated, and the working days of the incident of the fire; or individual's dependents; (e) Lost the equipment; or (b) Dependent means a relative who depends on the (t) Failed to obtain approval from the department before family income for at least half of their support. moving or traveling out of state with state-loaned equipment. (7) Income includes, but is not limited to: (a) Earned income, such as wages and tips; NEW SECTION (b) Unearned income, such as interest, dividends, and pensions; WAC 388-43-040 Application renewal process. (I) (c) Family's share of income from S corporations 1, An applicant may renew application for telecommunications partnerships, estates, and trusts; equipment when two years have elapsed since the initial (d) Gains from the sale or exchange (including barter) distribution or when the equipment breaks, whichever comes of real estate, securities, coins, gold, silver, gems, or other later. property; (2) When either two years have elapsed since initial (e) Gain from the sale or exchange of the family's main distribution or the equipment breaks, the applicant shall: home; (a) Complete a new application including recent (t) Accumulation distributions from trusts; information on total annual family income and family size. (g) Scholarships and fellowship grants; (b) Undergo the same procedures as first-time appli- (h) Original issue discount, distribution from SEPs2 and cants. DECs3; (i) Amounts received in place of wages from accident NEW SECTION and health plans if the employer paid for the policy; WAC 388-43-050 Notice of approval or denial. (I) G) Bartering income; Approved applications. When an original application has (k) Tier 2 and supplemental annuities under the Railroad been approved, T AS shall inform the applicant in writing of: Retirement Act; (a) The official date the department received the (I) Life insurance proceeds from a policy the family applicant's completed application form; cashed in if the proceeds are more than the premiums paid; (b) The time line by which a qualified trainer will (m) Endowments; contact the applicant. (n) Lump-sum distribution; (2) A qualified trainer shall notify the eligible applicant: (o) Prizes and awards; (a) That the applicant was approved to receive a TTY, (p) Gambling winnings; amplifier, telebraille, large visual display, or signal device; (q) Social Security; and (r) Capital gains; (b) To arrange for training and distribution. Proposed [ 94] Washington State Register, Issue 93-21 WSR 93-21-079 (3) Denied applications. If the department denies an NEW SECTION original application, TAS shall inform the applicant in writing of: WAC 388-43-080 Training. (I) The qualified trainers (a) The official date the applicant's completed applica- shall provide training on proper equipment use and care to tion form was received by the department; all recipients, legal guardians, or legal custodians. (b) The reasons for the denial; and (2) The qualified trainers shall be responsible for (c) Any applicable procedures for appeal, as well as the determining the training needs of the recipients and the time and length of training that would be most appropriate. circumstances under which the applicant may re-apply. (3) The department shall not issue a device until an NEW SECTION applicant has demonstrated ability to properly utilize all equipment issued to the applicant. The department may WAC 388-43-060 Review by department. (I) An waive this requirement through a written release in which the applicant or recipient, whose application for an original or applicant attests that the applicant has the ability to properly replacement device governed under this chapter has been utilize all equipment issued to the applicant. denied, may request the department to review this decision. (4) If the applicant is seventeen years of age or younger, The applicant or recipient shall: the applicant's legal guardian or legal custodian shall attend (a) Submit this request in writing to TAS specifying the the training on appropriate equipment use and care. basis for the request; and (b) Ensure TAS receives this request within thirty days NEW SECTION of the receipt of the denial notice. (2) Within thirty days after TAS has received the WAC 388-43-090 Ownership and liability. (I) The request for review by ODHHS, the department shall inform department shall provide TTYs, amplifiers, telebrailles, large the applicant or recipient in writing of the disposition of the visual displays, and signal devices to a person eligible under request. subsection (l)(a), (b), and (c) of this section at no charge in (3) If the applicant or recipient disagrees with the addition to the basic exchange rate if: decision by the department, the applicant or recipient may (a) The person is eligible for participation in the appeal as described under chapters 10-08 and 388-08 WAC. Washington telephone assistance program under RCW 80.36.470; NEW SECTION (b) The person's annual family income is equal to or less than one hundred sixty-five percent of the federal WAC 388-43-070 Distribution. (I) The department poverty level; or shall issue personal service contracts to qualified persons or (c) The person is a child five years to seventeen years agencies to act as qualified trainers. The department shall of age whose parent or guardian has a family income less ensure reasonable accessibility to such training for a person than or equal to two hundred percent of the federal poverty with a hearing or speech disability or for a person who is level. deaf-blind. (2) After determining the person may be eligible to (2) A qualified trainer shall have various responsibilities, receive the telecommunications equipment at no charge, the which include, but are not limited to: department shall: (a) Conducting individual and group training for the (a) Loan the equipment as needed by the applicant; and applicants in the use of the equipment; (b) Ensure the applicant understands that the equipment (b) Conducting individual and group training for the remains the sole property of the state of Washington. applicants in the use of the telecommunications relay service; (3) A recipient, the recipient's legal guardian, or the (c) Requiring all recipients, legal guardians, or legal recipient's legal custodian shall return a state-loaned TTY custodians to sign: and/or other device to the T AS or appropriate distribution (i) A conditions of acceptance form for state-owned center when the recipient: equipment; or (a) Moves from a permanent Washington residence to (ii) A statement of rights and responsibilities for client- a location outside of Washington; owned equipment. (b) Does not have need of the state-loaned telecommuni- (d) Distributing TTYs, amplifiers, telebrailles, large cations device; or visual displays, and signal devices to applicants; and (c) Has been notified by TAS to return the device. (e) Submitting monthly reports and billing as required (4) A recipient, the recipient's legal guardian, or the by TAS. recipient's legal custodian shall be liable for any damage to (3) In the use of any devices distributed under this or loss of any device issued under this chapter. chapter, neither the TAS nor the contracted qualified trainers (5) TAS may deny a replacement request if a previously shall provide: issued device: (a) Replacement batteries for any telecommunications (a) Was neglected, abused, misused, or abused through equipment; unintentional conduct causing damage; (b) Replacement paper for TTYs; (b) Was not reported as stolen or burned to either police (c) Replacement light bulbs for signal devices; or fire department within fifteen working days; or (d) Payment of the recipient's telephone bill; or (c) Was lost. (e) Any other extraneous cost incurred by the recipient. (6) TAS shall establish policies for the sale or salvage of any device returned and not appropriate for reassignment. [ 95] Proposed WSR 93-21-079 Washington State Register, Issue 93-21 (7) A person shall not remove a state-owned TTY NEW SECTION am~lifier, telebraille, large visual display, or other signai d~v1ce from th~ state of Washington for a period longer than WAC 388-43-100 TRS advisory committee appoint- ninety days without the written permission of TAS. ment. (I) The office of OD HHS and T AS shall select members for the TRS advisory committee per current DSHS (8) TAS may grant permission to remove a state-owned procedures as mandated by the department's division of TT':', amplifier, telebraille, large visual display, or signal legisl~tive and ~ommunity relations. The TRS advisory device from the state for more than ninety days after committee shall mclude representation from: determining it is in the best interest of the recipient and the . (a) ~ajor statewide organizations representing persons department. with heanng or speech disabilities; (9) A person eligible under subsection (I )(b) of this . \b_). Organizati.ons for persons with hearing or speech section with a family income greater than one hundred sixty- five percent and less than or equal to two hundred percent of d1sab1ht1es located m areas of the state with high populations of such persons; the federal poverty level shall be assessed a charge for the cost o! TTYs, a?1plifiers, telebrailles, large visual displays, regions of the state; . (c) Organizations that reflect the different geographic and signal devices based on a sliding scale of charges (d) The department; established under WAC 388-43-020 (2)(a) and (b). (e) The Washington utilities and transportation commis- (IO) The department shall determine all TTYs, amplifi- ers, telebrailles, large displays, and signal devices under sion; chapter 304, Laws of 1987, for which the recipient paid all (f) Local telephone exchange companies; and (g) Agencies providing services to persons with hearing or ~ai:t of the equipment's cost to be the sole property of the or speech disabilities, provided the persons are not employ- rec1p1ent. The department shall determine the level of ees or board members of an organization or agency under financial responsibility toward the purchase of the equipment contract with ODHHS or TAS. by the federal poverty level guidelines as described under (2) The committee's voting members shall consist of WAC 388-43-020 (2)(a) and (b). thirteen persons or less. (11) The department shall provide an eligible recipient (3) A member's term of office on the committee shall a two-year warranty on equipment valued at four hundred be two years with the possibility of re-appointment for the dollars or more. (12) Limiting the number of TTYs per household. The second term. department shall consider that the telecommunications .(4) Members as described under subsection (I) of this equipment needs of all household members have been met section shall have voting rights. Technical advisors to the committee shall serve as ex-officio members. when one TTY has been issued to that household, unless (5) The committee shall determine the appointment of exceptional circumstances are defined and approved by the the chairperson for that committee by vote of the member- department. ship. (13) The department shall receive payment before an (6) The committee shall submit reports four or more e~igible ~ecipient rece.ives a TTY, amplifier, telebraille, large times per year to the administrators and operators of the TRS visual display, or a signal device. statewide relay service. The committee shall: .Cl4) A recipient shall sign and agree to warranty ~a) Report on the extent to which the relay system is requ~rements on.a.TTY, telebraille, or large visual display at the time the rec1p1ent purchases this equipment. meetmg the needs of disabled citizens in the state; and (15) A recipient shall not receive a financial refund for (b) Include program elements that are successful the return of a TTY, amplifier, telebraille, large visual program elements in need of improvement, and any recom~ mendations from the committee. display, or signal device unless: (7) The committee shall establish eligibility criteria for (a) The equipment is returned to the TAS office within thirty days after it was received by the client; and statewid~ or~a.n!zat!ons re~r~senting persons with hearing or speech d1sab1ht1es m obtammg telecommunications devices (b) The equipment is clean, in good condition and in its under RCW 43.20A.725(1). In order to apply for equipment original packaging. ~hrough the department, the organization shall be represent- (I 6) The department shall charge a person, eligible under subsection (l)(b) of this section whose income exceeds ing persons who are hearing or speech disabled and/or deaf- two hundred percent of the federal poverty level, the entire bl ind. The committee shall decide in which offices the cost to the department of purchasing the equipment provided equipment shall be installed if an organization has more than one office. to that person. (8) The committee shall provide consultation to the ( 17) The department may waive part or all of the department on the activities and money spent by the depart- charges assessed under sections 010 and 020 if the depart- ment finds that: ment for the T AS program. (a) The eligible person requires telebraille equipment or other equipment of similar cost; or NEW SECTION (b) !he char~es normally assessed for the equipment WAC 388-43-110 Telecommunications relay service. under this subsect10n would create an exceptional or undue Th~ department shall award contracts for the operation and hardship on the eligible person. ma1~tenance of the statewide telecommunications relay ( 18) The department may determine certification of service. family income by the eligible person, the person's guardian, or head of household as sufficient to determine eligibility. Proposed [ 961 Washington State Register, Issue 93-21 WSR 93-21-079 REPEALER Submit Written Comments to: Bob Arrington, P.O. Box 42560, Olympia, WA 98504-2560, by November 30, I 993. The following sections of the Washington Administra- Date of Intended Adoption: December 6, 1993. tive Code are repealed: October 20, I 993 WAC 248-172-101 Definitions. Julie Sandberg WAC 248-172-201 Eligibility requirements. Assistant Director WAC 248-172-202 Approval of application for initial device or .request for REPEALER replacement device. WAC 248-172-203 Denial of initial application or The following chapter of the Washington Administrative request for replacement device. Code is repealed: WAC 248-172-204 Reapplication process. WAC 16-680-001 Promulgation. WAC 248-172-205 Notice of approval or denial. WAC 16-680-010 Definition. WAC 248-172-206 Review by department. WAC 16-680-0 I 5 Container marking. WAC 248-172-301 Distribution centers. WAC 248-172-302 Training. WAC 248-172-303 Ownership and liability. WAC 248-172-304 Out-of-state use. WSR 93-21-083 WAC 248-172-401 TDD advisory committee ap- PROPOSED RULES pointment. DEPARTMENT OF AGRICULTURE WAC 248-172-402 [Filed October 20, 1993, 11 :31 a.m.] Responsibility of TDD advisory committee. Original Notice. Title of Rule: Containers-Marking requirements- S weet cherries, chapter 16-678 WAC. Purpose: Repeal the marking requirements for sweet WSR 93-21-082 cherry containers. PROPOSED RULES Statutory Authority for Adoption: Chapter I 5.17 RCW. DEPARTMENT OF AGRICULTURE Statute Being Implemented: Chapter I 5.17 RCW. [Filed October 20, 1993, 11 :30 a.m.] Summary: Marking requirements in chapter I 6-678 Original Notice. WAC are duplicated in WAC 16-414-090. Repeal will Title of Rule: "Gift Grade" for fruit-Marking require- eliminate unnecessary redundancy in law. ments, chapter 16-680 WAC. Reasons Supporting Proposal: Rule cited is duplicated Purpose: Repeal the establishment of standards and in chapter 16-414 WAC. container marking requirements for "Gift Grade" apples and Name of Agency Personnel Responsible for Drafting, pears. Implementation and Enforcement: Bob Arrington, 11 I 1 Statutory Authority for Adoption: Chapter 15.17 RCW. Washington, 2nd Floor, Olympia, WA, (206) 902-1856. Statute Being Implemented: Chapter 15. I 7 RCW. Name of Proponent: Department of Agriculture, Summary: Marking requirements· of chapter 16-680 governmental. WAC are duplicated in WAC 16-403-180(5). Repeal of Rule is not necessitated by federal law, federal or state chapter I 6-680 WAC will eliminate unnecessary redundancy court decision. in law. Explanation of Rule, its Purpose, and Anticipated Reasons Supporting Proposal: Rule cited is duplicated Effects: Rule prescribes marking requirements for sweet in chapter 16-403 WAC. cherry containers. Repeal will have no impact as rule Name of Agency Personnel Responsible for Drafting, content is duplicated in another chapter of the Washington Implementation and Enforcement: Bob Arrington, I I 11 Administrative Code (WAC). Washington, 2nd Floor, Olympia, WA, (206) 902- I 856. Proposal does not change existing rules. Name of Proponent: Department of Agriculture, No small business economic impact statement is governmental. required for this proposal by chapter I 9.85 RCW. Rule is not necessitated by federal law, federal or state Hearing Location: Natural Resources Building, 1111 court decision. Washington, 2nd Floor, Room 205, Olympia, WA 98504, on Explanation of Rule, its Purpose, and Anticipated November 30, I 993, at I 0:30 a.m. Effects: Rule prescribes standards for "Gift Grade" apples Submit Written Comments to: Bob Arrington, P.O. Box and pears and stipulates appropriate container marking 42560, Olympia, WA 98504-2560, by November 30, 1993. requirements. Repeal will have no impact as the rule Date of Intended Adoption: December 6, 1993. content is duplicated in another chapter of the Washington October 20, 1993 Administrative Code (WAC). · Julie Sandberg Proposal does not change existing rules. Assistant Director No small business economic impact statement is required for this proposal by chapter 19.85 RCW. Hearing Location: Natural Resources Building, 1I11 Washington, 2nd Floor, Room 205, Olympia, WA 98504, on November 30, 1993, at 10:00 a.m. [ 97] Proposed WSR 93-21-083 Washington State Register, Issue 93-21 REPEALER WAC 16-223-070 Disposal of restricted use pesti- cides and their containers. The following chapter of the Washington Administrative Code is repealed: WAC 16-678-001 Promulgation. WAC 16-678-010 Marking containers. WSR 93-21-085 PROPOSED RULES DEPARTMENT OF AGRICULTURE [Filed October 20, 1993, 11 :38 a.m.] WSR 93-21-084 Original Notice. PROPOSED RULES Title of Rule: Chapter 16-221 WAC. DEPARTMENT OF AGRICULTURE Purpose: Registration of lindane products. [Filed October 20, 1993, 11:35 a.m.] Statutory Authority for Adoption: Chapter 15.58 RCW. Original Notice. Statute Being Implemented: RCW 15.58.040. Title of Rule: Chapter 16-23 WAC. Summary: Repeal rule. Purpose: Registration, distribution and use of DDT and Reasons Supporting Proposal: Rule is no longer DDD. necessary. Lindane products are no longer registered for use Statutory Authority for Adoption: Chapter 15.58 RCW. by the United States Environmental Protection Agency. Statute Being Implemented: RCW 58.040 [15.58.040]. Name of Agency Personnel Responsible for Drafting: Summary: Repeal rule. Walter Swenson, 1111 Washington Street, Olympia, WA, Reasons Supporting Proposal: Rule is no longer (206) 902-1928; Implementation and Enforcement: William necessary. DDT and DDD are no longer registered for use E. Brookreson, 1111 Washington Street, Olympia, WA, by the United States Environmental Protection Agency. (206) 902-2011. Name of Agency Personnel Responsible for Drafting: Name of Proponent: Washington Department of Walter Swenson, 1111 Washington Street, Olympia, WA, Agriculture, governmental. (206) 902-1928; Implementation and Enforcement: William Rule is not necessitated by federal law, federal or state E. Brookreson, 1111 Washington Street, Olympia, WA, court decision. (206) 902-2011. Proposal does not change existing rules. Name of Proponent: Washington Department of No small business economic impact statement is Agriculture, governmental. required for this proposal by chapter 19.85 RCW. Rule is not necessitated by federal law, federal or state Hearing Location: Washington Department of Agricul- court decision. ture, 205 Natural Resources Building, 1111 Washington Proposal does not change existing rules. Street, Olympia, WA, on November 30, 1993, at 11 :00 a.m. No small business economic impact statement is Submit Written Comments to: Walter Swenson, P.O. required for this proposal by chapter 19.85 RCW. Box 42560, Olympia, WA 89504-2560 [98504-2560], by Hearing Location: Washington Department of Agricul- November 30, 1993. ture, 205 Natural Resources Building, 1111 Washington Date of Intended Adoption: December 6, 1993. Street, Olympia, WA, on November 30, 1993, at 11 :30 a.m. October 20, 1993 Submit Written Comments to: Walter Swenson, P.O. William E. Brookreson Box 2560, Olympia, WA 98504-2560, by November 30, Assistant Director 1993. Pesticide Management Date of Intended Adoption: December 6, 1993. October 20, 1993 REPEALER William E. Brookreson Assistant Director The following sections of the Washington Administra- Pesticide Management tive Code are repealed: WAC 16-221-001 Promulgation. REPEALER WAC 16-221-010 Definition. WAC 16-221-020 Declaration. The following ·sections of the Washington Administra- WAC 16-221-030 Registration requirements. tive Code are repealed: WAC 16-221-040 Distribution requirements. WAC 16-223-001 Promulgation. WAC 16-223-002 Promulgation. WAC 16-223-004 Promulgation. WAC 16-223-005 Promulgation. WSR 93-21-086 WAC 16-223-0 IO PROPOSED RULES Definition. DEPARTMENT OF AGRICULTURE WAC 16-223-020 Declaration. [Filed October 20, 1993, 11 :39 a.m.] WAC 16-223-030 Renewal of 1969 registrations. WAC 16-223-040 Registration requirements. Original Notice. WAC 16-223-050 Distribution requirements. Title of Rule: Rules relating to standards for nursery WAC 16-223-060 Prohibiting use and application. stock, WAC 16-432-010 through 16-432-130. Proposed [ 98] Washington State Register, Issue 93-21 WSR 93-21-086 Purpose: Repeal rules relating to standards for nursery WSR 93-21-087 stock. PROPOSED RULES Statutory Authority for Adoption: Chapter I 5. I 3 RCW. DEPARTMENT OF AGRICULTURE Statute Being Implemented: Chapter 15. 13 RCW. [Filed October 20, 1993, 11 :40 a.m.] Summary: Repealing rules relating to standards for Original Notice. nursery stock. Title of Rule: Rules relating to holly, cut spray stan- Reasons Supporting Proposal: WAC 16-432-010 dards, WAC 16-415-0 I 0 through I 6-415-040. through I 6-432- I 30 is no longer necessary. Purpose: Repeal of holly, cut spray standards. Name of Agency Personnel Responsible for Drafting: Statutory Authority for Adoption: Chapter 15.13 RCW. William H. Dallas, Washington State Department of Agricul- Statute Being Implemented: Chapter 15.13 RCW. ture, Olympia, Washington 98504-2560, (206) 902- I 925; Summary: Repealing holly, cut spray standards. Implementation and Enforcement: Diane Dolstad, Washing- Reasons Supporting Proposal: WAC 16-415-010 ton State Department of Agriculture, Olympia, Washington through 16-415-040 is no longer necessary. 98504-2560, (206) 902-1925. Name of Agency Personnel Responsible for Drafting: Name of Proponent: Department of Agriculture, William H. Dallas, Washington State Department of Agricul- governmental. ture, Olympia, Washington 98504, (206) 902-1925; Imple- Rule is not necessitated by federal law, federal or state mentation and Enforcement: Diane Dolstad, Washington court decision. State Department of Agriculture, Olympia, Washington Explanation of Rule, its Purpose, and Anticipated 98504, (206) 902-2060. Effects: Repeal of rules relating to standards for nursery Name of Proponent: Department of Agriculture, stock, WAC 16-432-0 IO through 16-432-130. governmental. Proposal does not change existing rules. Rule is not necessitated by federal law, federal or state No small business economic impact statement is court decision. required for this proposal by chapter 19.85 RCW. Explanation of Rule, its Purpose, and Anticipated Hearing Location: Department of Agriculture, Room Effects: Repeal of rules relating to holly, cut spray stan- 205, 2nd Floor, Natural Resources Building, I 111 Washing- dards, WAC 16-415-010 through 16-415-040. ton Street, Olympia, WA 98504, on November 23, 1993, at Proposal does not change existing rules. 9:00 a.m. No small business economic impact statement is Submit Written Comments to: Bill Dallas, P.O. Box required for this proposal by chapter 19.85 RCW. 2560, Olympia, WA 98504-2560, by November 30, 1993. Hearing Location: Department of Agriculture, Room Date of Intended Adoption: December 6, 1993. 205, 2nd Floor, Natural Resources Building, I 1 I I Washing- October 20, 1993 ton Street, Olympia, WA 98504, on November 30, 1993, at K. Diane Dolstad 8:30 a.m. Assistant Director Submit Written Comments to: Bill Dallas, P.O. Box Plant Services 42560, Olympia, WA 98504-2560, by November 30, I 993. Date of Intended Adoption: December 6, 1993. REPEALER October 20, 1993 K. Diane Dolstad The following sections of the Washington Administra- Assistant Director tive Code are repealed: Plant Services WAC 16-432-0IO General. WAC 16-432-020 Marking requirements. REPEALER WAC 16-432-030 Tolerance. WAC 16-432-040 Container specifications. The following sections of the Washington Administra- WAC 16-432-050 Terminology. tive Code are repealed: WAC 16-432-060 Plant specifications. WAC 16-415-010 Grades. WAC 16-432-070 Young plants specifications. WAC I 6-4 I 5-020 Marking requirements. WAC 16-432-080 Deciduous flowering shrubs WAC 16-415-030 Definition of terms. and shade trees. WAC 16-415-040 Compliance with U.S. and state WAC 16-432-090 Coniferous evergreens. laws. WAC 16-432-IOO Broadleaf evergreen shrubs. WAC 16-432-1 IO Fruit trees. WAC 16-432-120 Understock for grafting and budding. WSR 93-21-093 WAC 16-432-130 Nursery stock standard for PROPOSED RULES roses. SECRETARY OF STATE [Filed October 20, 1993, 11 :59 a.m.] Original Notice. Title of Rule: Charitable solicitations and charitable trusts. [ 99] Proposed WSR 93-21-093 Washington State Register, Issue 93-21 Purpose: To adopt new regulations to implement the NEW SECTION Charitable Solicitations and Charitable Trusts Acts and repeal existing administrative regulations chapter 434-19 WAC 434-120-015 Official address and telephone WAC, WAC 44-01-010 through 44-01-130 and 44-01-150 number. (I) The address for all correspondence is the through 44-01-180. Corporations Division, Office of the Secretary of State, P.O. Box 40234, Olympia, Washington 98504-0234. Statutory Authority for Adoption: Chapter 34.05 RCW. (2) In-person transactions may be made at the Corpora- Statute Being Implemented: Chapters 19.09, 11.110, tions Division Office, 505 Union S.E., Second Floor, and 43.07 RCW. Olympia, Washington. There is an expedited in-person fee Summary: To establish rules for registration, financial reporting, and bonding requirements. of twenty dollars for single or multiple transactions within Reasons Supporting Proposal: Necessary to clarify and each charitable organization or commercial fund raiser file. supplement the statute. (3) The telephone number is (206) 753-7118 or (206) 753-7120. The toll free number in Washington is 1-800- Name of Agency Personnel Responsible for Drafting and Implementation Linda MacKintosh, Corporation Divi- 332-GIVE ( 1-800-332-4483). sion, 753-2896; Enforcement: Consumer Protection Divi- sion, Office of Attorney General. NEW SECTION Name of Proponent: Corporation Division, Office of WAC 434-120-020 Office hours. Business hours of Secretary of State, governmental. the Corporations Division are 8 00 a.m. to 5 00 p.m., Rule is not necessitated by federal law, federal or state Monday through Friday, except holidays. Over-the-counter court decision. service is available to provide same day service for individu- Explanation of Rule, its Purpose, and Anticipated al requests brought in before 4:30 p.m. (see WAC 434-110- Effects: To establish rules for registration, fee, and financial 060) and telephone service is available from 8:00 a.m. to reporting requirements for charitable organizations, commer- 5:00 p.m. cial fund raisers, and charitable trusts. Proposal Changes the Following Existing Rules: To NEW SECTION conform to amendments made to these acts in the 1993 legislative session. WAC 434-120-025 Definitions. (I) "Charitable No small business economic impact statement is organization" or "organization," as described in RCW required for this proposal by chapter 19.85 RCW. 19.09.020(2), "means any entity that solicits or collects Hearing Location: House Hearing Room D, John L. contributions from the general public where the contribution is or is purported to be used to support a charitable activity, O'Brien Building, Olympia, Washington, on November 23, but does not include any commercial fund raiser or commer- 1993, at 8 30 to 10 00 cial fund-raising entity ... " This may include any organiza- Submit Written Comments to: Linda Mackintosh or Don Whiting, Corporation Division, 505 Union S.E., by ~ion conducting charitable solicitations to achieve a part of November 23, 1993. its purpose, although charity is not the sole purpose of the Date of Intended Adoption: December 1, 1993. organization. October 20, 1993 (2) "Charitable trust" means any real or personal Donald Whiting property right held by an entity or person that will be used Assistant Secretary of State for a charitable purpose(s). The purpose must result in a substantial social benefit that accrues directly or indirectly to Revision of Charitable Solicitations WACs the public. When the purpose(s) is to distribute exclusively Chapter 434-120 to individuals or organizations expressly named in the CHARITABLE SOLICITATION ORGANIZATIONS governing instrument, it is not a charitable trust for the AND CHARITABLE TRUSTS purposes of these regulations. The trust may be created by :"'ill, deed, articles of incorporation, or other governing SECTION I-GENERAL PROVISIONS instrument. It may be express or constructive. AND DEFINITIONS (3) "Commercial fund raiser" shall include any entity and its employees, which for compensation contracts to NEW SECTION conduct solicitations or solicit on behalf of a charitable or WAC 434-120-010 Authority and purpose. These religious purpose, to participate in development or imple- rules are adopted under authority of Chapter 19.09 RCW, the mentation of any charitable solicitations campaign, or which Charitable Solicitations Act, hereafter referred to as "the holds itself out to persons in this state as independently solicitations act," Chapter 11.110 RCW, the Charitable Trust engaged in the business of soliciting or receiving contribu- Act, hereafter referred to as "the trust act," and Chapter tions for charitable purposes, as described in RCW 43.07 RCW to provide for the efficient administration of 19.09.020(8), and is required to be licensed by any state or these acts. federal agency to do business in Washington. When a "commercial fund raiser" retains another commercial fund raiser to conduct solicitations or to solicit, the first commer- cial fund raiser shall be referred to as primary and the second, as secondary. "Commercial fund raiser" shall not include the following: Proposed [ 100 l Washington State Register, Issue 93-21 WSR 93-21-093 (a) Suppliers of goods and services, to charitable NEW SECTION organizations for fund raising purposes, if they are not otherwise engaged in the business of charitable fund raising; WAC 434-120-030 Public records. Except as or provided by RCW 42.17 .310, all public records of the (b) Retail establishments in which the retail business corporations division, which includes the charitable organiza- promises to contribute a portion of the regular sales price of tion registration and charitable trust section, are available for a product or service to a named charitable organization, public inspection and copying pursuant to rules of proce- when: dures in chapter 434- l 2A WAC and WAC 434-110-075. (i) The price of the product or service is no more than Registrations of trusts with several or mixed purposes shall the price thirty days before and thirty days after the promo- not be made public under RCW 11.110.040 and l l.110.075. tion; (ii) There is a written agreement executed before the SECTION II-CHARITABLE ORGANIZATION promotion begins that is signed by an officer of the charita- REGISTRATION REQUIREMENTS ble organization and the person-in-charge of the retail NEW SECTION establishment. This agreement must include the retail establishment's contribution to the organization as a result of WAC 434-120-100 Who shall register. (I) Any entity this promotion and the charitable organization's permission that will solicit funds from the general public with the to use its name. It must be filed with the Corporations announced intent to use the funds for charitable purposes; Division by the party specified in the contract and each party (2) Entities exempt from registration are the following: must have a copy on file; and (a) Those created and chartered by the United States (iii) The retail establishment has a financial statement of Congress to accept and administer gifts and donations; the fund raising campaign on file, which, upon the Attorney (b) Those whose sole purpose is religious or political; General's request, it can produce; and (4) "Compensation" means remuneration or valuable (c) Those who raise less than five thousand dollars in consideration, such as salary, benefits, bonuses, wages, fees, any accounting year, all activities including fund raising are or commissions, paid by an entity to a person for rendering done by volunteers, and officers or members do not receive service, which may include conducting charitable solicita- assets of or benefi.ts from the organization. tions as described in RCW 19.09.020, but does not include reimbursement for expenses incurred or non-cash awards or NEW SECTION prizes, valued at one hundred dollars or less, given to volunteers. WAC 434-120-105 Form. Charitable organizations (5) "Solicitation" as defined in RCW 19.09.020(15), that registering under this act shall use the combined charitable includes any oral or written request for a contribution, organization, charitable trust, and public benefit form including an offer or attempt to sell property, rights, goods, available in the Office of the Corporations Division or shall or services for a charitable purpose, shall not include any of provide, by letter, the required information organized and the following: topically sectioned in exactly the following manner: (a) An application or request for application for a grant, (1) Section I. The name, address, and telephone number contract, or similar funding from any foundation, corpora- of the charitable organization; and the name under which the tion, governmental agency or similar entity which has an organization will solicit contributions. established application and review procedure for reviewing (2) Section IL The name, address, and telephone number such requests; of the corporate officers, directors of the board, or persons (b) The attempt to sell a service or good which consti- accepting responsibility for the organization; and the names tutes the basis of the entity's activities under which the of the three officers, directors, or employees who receive the federal tax exemption was granted, or is the primary purpose greatest amount of compensation from the organization. If for the existence of the entity. This includes, but is not this is a consolidated registration, then list the names of the limited to, admission to a theatrical or other performance by three officers or employees of the parent organization. a drama, musical, dance, or similar group and fees for (3) Section III. The purpose of the charitable organiza- services such as a hospital provides or use of the entity's tion; the names and addresses of beneficiaries or the selected group of persons or activities which the charitable organiza- facilities; or (c) Bingo activities, raffles, and amusement games tion supports; and to whom assets would be given in the conducted under chapter 9.46 RCW and applicable rules of event of dissolution. the Washington state gambling commission [RCW (4) Section IV. Whether or not the organization has a tax exempt status, and, if so, the basis. Attach a copy of the 19.09.020). written proof of the status declaration if granted under 26 Reviser's note: The brackets and enclosed material in the text of the U.S.C. 501 (c)(3) by the Internal Revenue Service. Include above section occurred in the copy filed by the agency and appear in the the name, address, and telephone number of the entity that Register pursuant to the requirements of RCW 34.08.040. prepares, compiles, reviews, or audits the financial statement of the charitable organization. (5) Section V. A solicitation report, which includes the following information: (a) From a newly formed entity, the annual budget expenditures approved by the board of directors or other [ 101] Proposed WSR 93-21-093 Washington State Register, Issue 93-21 responsible person(s), which must clearly identify the defray costs of administering the organization's fund raising reported figures as budget estimates not based upon actual programs. funds expended; or, from an existing entity that has not previously registered to solicit funds from the public, its NEW SECTION actual budget from the preceding fiscal year, and its pro- WAC 434-120-120 Financial reporting adjustments. posed budget for the coming fiscal year; and For purposes of preparing the solicitation report required by (i) The number and types of solicitations planned; and RCW 19.09.075(7) and WAC 434-120-105 (5)(c)(iv) the (ii) From the existing entity, total revenue for the following information shall be included: preceding year and the amount that was used for the charita- ble purpose; ( 1) A charitable organization financial report shall show the surplus, fund balance, general reserve, or similar account In ad~i~ion, seven mo?ths after registration all newly from the pr~vious year. The report should note whether any formed ent1t1es shall file a six month report containing actual or all of this money was expended in the current year and budget figures. (b) From charitable organizations registering for the how. second or more years, the following information from the (2) Funds irrevocably reserved to a capital acquisition preceding fiscal year: o~ other legally binding reserve account shall be reported as disbursed for the stated purpose in the year of deposit to the (i) The number and types of solicitations conducted· (ii) The total dollar value of support received fro'm reserve account. These funds shall not be reported as expended when withdrawn or liquidated from the reserve solicitations and from all other sources (including revenue account at a later date. fro~ activities regulated by the Gambling Commission) (3) A charitable organization shall consolidate all received on behalf of the charitable purpose, which must expenses into the categories of direct expenses, administra- equal the total revenue of the organization; tive or indirect expenses, as determined according to (iii) A solicitation report with figures consistent with the generally accepted accounting principles (GAAP), and the financial report as required in subsection (6) of this section total of the "reasonable purchase price(s) to the organization that co~t~ins the actual totals applied to charitable purposes, fund ra1smg costs, and other expenses, which are figured in of any tangible goods or services resold by the organization accordance with WAC 434-120-055, including the amount of as part of its fund raising activities" as described in RCW any compensation allocated to charitable purposes and paid 19.09.020(5). Subtract these from the total annual revenue reported. Compute the information in the following manner: to a commercial fund raiser or other entity who is not a bona fide employee for fund raising services, as defined in RCW (a) Determine the total annual gross revenue (TGR); (b) From the TGR subtract the total of all purchases 19.09.020(1); and (iv) The name, physical address, and telephone number made for resale; (c) From the balance remaining after completing (b), of any commercial fund raiser used by the organization. subtract costs of solicitation described in RCW 19.09.020(5), A parent organization may file a consolidated solicita- which are comprised of the direct expenses and indirect or tion registration report including the solicitation information administrative expenses attributed to solicitations. Direct requi~ed.for each of its related foundations, supporting orgamzat10ns, chapters, branches, or affiliates in the state of e.xpe~ses and indirect expenses should be shown as separate Washington. Alternatively, it may file a single combined hne items. The final result is the net revenue. solicitation report including funds raised by all such subsid- (d) Subtract from the net revenue the amount expended directly for charitable purposes and the amount reserved for iaries of the parent organization and listing the individual future use showing each as a separate line item. names of subsidiaries who raised five thousand dollars or (e) Compute the percentage of funds raised that were more in the preceding year. d~rected to charitable purposes. Use the amount of money (~) Section VI: A copy of the most current, completed directed toward the charitable purposes as a percentage of financial statement, from the compilation, review, or audit the TGR in step (a) or, if there were purchases made for report or the prepared signed statement as described in WAC 434-120-125; and resale, as a percentage of the figure obtained in step (b). .(7) An .irrevocable appointment of the secretary to NEW SECTION receive service of process in non-criminal proceedings. All charitable solicitation organization registrations shall WAC 434-120-125 Auditing standards and require- be signed by the president, treasurer, or comparable officer ments. A charitable organization shall have either a of the ~rganization or, in the absence of officers, person prepared financial statement or a compilation, review, or responsible for the organization, whose signature shall be audit report of its financial statement on file that is based on notarized. the amount of gross revenue determined as follows: (1) Those with a gross revenue of more than five NEW SECTION thousand dollars and less than seventy-five thousand dollars, an annual financial statement prepared according to generally WAC 434-120-115 Treatment of appropriated funds. A government subdivision or publicly supported educational accepte~ accounting principles (GAAP), which is signed by facility that is also a charitable organization shall report the president, treasurer, and one other director or, absent a government appropriated funds only to the extent such funds board of directors and officers, two persons responsible for are directly expended to support fund raising efforts or to the organization; (2) Those with a gross revenue of more than seventy- five thousand dollars a year and less than one hundred fifty Proposed [ 102] Washington State Register, Issue 93-21 WSR 93-21-093 thousand dollars a year, a "compilation report" of the annual due in the months of January through June shall renew in the financial statement, prepared according to GAAP by a new cycle beginning January 1995. The 1994 renewal shall certified public accountant (CPA); be effective, without additional fees, until the new 1995 (3) Those organizations with gross revenue of more than renewal date. one hundred fifty thousand dollars and less than two hundred (3) Change in status, notification: An organization fifty thousand dollars a year, shall have a "review report" of shall notify the corporations division of a change in principal the annual financial statement, prepared according to GAAP officer, owner, or Washington representative or any other by a CPA; and information filed under RCW 19.09.075 or WAC 434-120- (4) Charitable organizations having revenue of more 105, within thirty days after the change. than two hundred fifty thousand dollars annually and all commercial fund raisers, regardless of total annual revenue, NEW SECTION must have an annual "audit report" of the annual financial statement, prepared according to the generally accepted audit WAC 434-120-145 Fees. (I) Original registration: Entities registering as charitable organizations shall pay a fee standards of GAAP by a CPA. These shall be readily available to the County Attorney of twenty dollars for the first year of registration. The fee shall be waived for those who first register under this act at or Attorney General upon request. the same time as filing non-profit incorporation papers. (2) Annual reregistration: Organizations reregistering NEW SECTION shall pay a fee of ten dollars. If reregistering at the same WAC 434-120-130 Donor lists. All charitable time as filing non-profit corporation annual reports, the organizations registered under this act shall keep records of organization shall pay a combined fee of fifteen dollars. If all donors to the organization for three years. If a commer- an organization files renewals under the non-profit corpora- cial fund raiser manages a campaign for a charitable organi- tion act, the charitable solicitations act, and the charitable zation, either the commercial fund raiser or the charitable trusts act, the fee shall be thirty dollars for all three. organization shall be the entity responsible for maintaining (3) Information changes: Organizations filing changes the donor records for that campaign. These records shall of information described in WAC 434-120-070(3), shall pay include the names of the following donors: a fee of ten dollars for each submittal of change(s). (I) Each contributing entity that collects individual (4) Photocopy fees: A copy of charitable organization donations from an employee or member group or a business, registration form or letter, including the finance and solicita- turning them over to the charitable organization as a single tion reports, the fee is ten dollars. sum, such as the United Way; (5) Expedited service fees: For in-person service at the (2) Each corporation that donated; and counter the fee is twenty dollars for each charitable organiza- (3) Each individual who donated more than twenty-five tion file requested. dollars. The records must be retrievable and compilable upon NEW SECTION request of the Attorney General or County Attorney, al- WAC 434-120-155 Public benefit nonprofit corpora- though the organization is not required to keep the names in tion registration-Annual fee. Any corporation filing a standard list format at all times. under the non-profit corporation act and possessing an exemption under 26 U.S.C. Sec. 501 (c)(3), or is not NEW SECTION required to apply for its tax exempt status, may register as WAC 434-120-140 How and when. (I) Original a "public benefit nonprofit corporation" with the Corpora- registration: An entity required to register as a charitable tions Division for a fee of ten dollars. organization shall complete the form described in WAC 434- The corporation must reregister annually, pay a ten 120-045 and submit it with the fee in WAC 434-120-145 dollar fee, and retain its 26 U.S.C. Sec. 501 (c)(3) exemption prior to conducting any solicitation; or other tax exempt status. The annual fee shall be waived (2) Annual renewal: An entity shall renew its charitable for organizations reregistering at the same time as filing organization registration at the same time as it submits its nonprofit corporation annual reports, charitable organization, annual corporation renewal or nonprofit annual report, or, if or charitable trust reregistration. not a corporation, the same month of the year as the entity's An organization registered under this section may list original registration for charitable solicitation purposes. The the designation, "public benefit nonprofit corporation," in all renewal shall include the same information required for its literature and media materials. registration as described in WAC 434-120-105. However, the information included in the solicitation section shall be NEW SECTION based on the audit, review, or compilation report of the WAC 434-120-160 Penalty for late registration. The financial statement, the prepared financial statement, or the corporations division will send notice of the time to renew most recent filing with the Internal Revenue Service, the charitable solicitations registration when it mails notice whichever was prepared or filed most recently within the last of the annual report or license renewal due date. A charita- year. No organization may submit the same fiscal informa- ble organization that fails to reregister at the time the tion for two consecutive years. The renewal cycle shall corporation annual report or license renewal is due, shall pay begin on July 1, 1994, for all organizations whose corpora- a late penalty fee of twenty-five dollars when the tion renewal is due July 1, 1994, or later in the year. All charitable organizations whose corporation renewal comes reregistration is made, if made prior to administrative [ 103] Proposed WSR 93-21-093 Washington State Register, Issue 93-21 corporate ,dissolution. If the corporation has been adminis- NEW SECTION tratively dissolved, it shall pay an additional fifty dollar penalty for each year, including the current year, it was not WAC 434-120-175 Voluntary verification informa- registered under this act for which it wishes to reinstate its tion. Each organization registering under the act may corporation registration. A charitable organization not submit additional information, not required by law, for its registered as a corporation shall be assessed a penalty of file if the information is intended to inform the public about twenty-five dollars if registering within sixty-five days of the its programs and activities and to verify its existence. The renewal date. Thereafter, the penalty fee shall be fifty Corporations Division may place such information in the dollars for each year, including the current year, it has failed organization's file for a specified period of time. Persons to register. If the registration has lapsed for a period of coming into the office may read such information; however, more than two years, the entity shall register as a new no voluntary verification information shall be mailed out. charitable organization. The penalty fees are in this regulation may be in SECTION III-COMMERCIAL FUND RAISER addition to any other remedies that may be imposed by Jaw REGISTRATION REQUIREMENTS including those for soliciting without a license. Under special circumstances the charitable organization NEW SECTION may ask the Secretary of State to waive all penalty fees WAC 434-120-210 Who shall register. All commer- resulting from late registration. cial fund raisers, as described in WAC 434-120-025(3), shall register each year, whether they contract directly with Reviser's note: The typographical error in the above section occurred charitable organizations or with other commercial fund in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. raisers as either the primary or secondary fund raiser. [See WAC 434-120- I 50(2).] NEW SECTION Reviser's note: The brackets and enclosed material in the text of the WAC 434-120-170 Use of particular names in above section occurred in the copy filed by the agency and appear in the solicitations. ( 1) In addition to registration under this act, Register pursuant to the requirements of RCW 34.08.040. any entity conducting a solicitation using the name police, sheriff, fire fighter, firemen, or similar name shall file with NEW SECTION the corporations division, an original copy of the authoriza- WAC 434-120-215 Form. Commercial fund raisers tion to use the name in the solicitation. The authorization registering under the act shall use the commercial fund raiser shall be signed by two officers or other persons responsible registration form available in the Office of the Corporations for carrying out the purpose of the bona fide department or Division or may provide the required information topically organization that is giving its permission to use one of the sectioned in the exact following manner: above names. For the purposes of this section, "bona fide (1) Section I. The name, physical and mailing address, organization" shall mean a government department or agency and telephone number of the commercial fund raising entity, of police, sheriffs, fire fighters, firemen, or similarly named the name, address, and telephone number of the individual government employer or an entity in which some or all of its responsible for the activities of the entity in Washington, and members are employed by a government department or a list of the states and Canadian provinces in which the agency of police, sheriffs, fire fighters, firemen, or similar entity has solicited funds; name. (2) Section II. The name, address, and telephone (2) In addition to registration under this act, any entity number of the owner(s) and principal officer(s) of the conducting a solicitation using the name of a military commercial fund raising entity; and the names of the three veterans' service organization listed in the most current officers or employees receiving the greatest amount of annual Directory of Veterans Service Organizations pub- compensation from the organization; lished by The Department of Veterans Affairs, Office of the (3) Section III. (a) For first year registrants, a solicita- Secretary, in Washington, D.C., shall file with the corpora- tion report based on the average guaranteed minimum tions division an original copy of the signed authorization to contractual return of gross receipts under the contracts in use the name in the solicitation. The signatory shall be the existence and for reregistrants a solicitation report based on highest ranking official of the organization in the state who the previous accounting year. The report shall contain the is listed in the "commanders list" maintained by the Wash- following information: ington Department of Veterans Affairs. (i) The number and types of fund raising services to be (3) In addition to registration under this act, any entity conducted; using the name of a military veterans' service organization (ii) The name of each charitable organization required that is not affiliated with a national military veterans service to register under the act to whom this entity will provide organization shall file with the corporations division an fund raising services; original copy of the authorization granting permission to use (iii) The name, address, and telephone number of any the name. The signatory shall be the service organization's other commercial fund raiser to be retained in the conduct of highest ranking official in the state of Washington. providing fund raising services; The newly registered commercial fund raiser filing a solicitation report based on estimates, shall file, by the end of the seventh operating month, a six month report contain- ing actual financial information. Proposed [ 104 J Washington State Register, Issue 93-21 WSR 93-21-093 (b) For reregistrants, a solicitation report based on the NEW SECTION previous accounting year. The report shall contain the following information: WAC 434-120-225 Annual reregistration. Each (i) The number and types of fund raising services commercial fund raiser shall reregister annually at the same conducted; time as it files either the annual license renewal for profit (ii) The name of each charitable organization required corporations or annual report for non-profit corporations, to register under the act to whom this entity has provided whichever is appropriate. If the commercial fund raiser is fund raising services; not registered as a corporation, it shall reregister annually by (iii) The total dollar value of contributions received by the last working day of the month (the anniversary date) of this fund raiser, its affiliate or another entity retained by the the original registration. commercial fund raiser, on behalf of each charitable organi- zation required to register under the act; NEW SECTION (iv) The actual amounts of money raised for each WAC 434-120-240 Contract between a commercial charitable organization after the fund raising costs paid by organization and a charitable organization. A commercial each charitable organization has been deducted in accordance fund raiser and charitable organization entering into a with the written agreement made prior to the solicitation; contract shall register the contract by completing the corpo- (v) The name, address, and telephone number of any rations division contract registration form and attaching a other commercial fund raiser retained in the conduct of copy of the written contract. It shall be filed within five providing fund raising services; working days after the execution of the contract and before (4) Section IV. (a) A copy of th\'! audit report of the the commencement of the campaign. There is a ten dollar financial statement made within the year prior to registration fee for filing the copy of the contract in the corporations as prepared according to the audit standards of GAAP by a division. Both the contract and registration form shall be CPA, which shall include each fund that was raised and paid signed by the commercial fund raiser owner or principal and on a net revenue basis or each campaign in which the the charitable organization president, treasurer, or compara- charitable organization paid any portion of the expenses; or ble officer. In addition to the statutory requirements of (b) A financial statement made within the year prior to RCW 19.09.097, the terms of the contract shall include who registration showing total revenue from each campaign will maintain the donor list. The commercial fund raiser conducted for each individual organization, consistent with shall be responsible for filing the contract. the terms of the filed contract; the amount actually received by the charitable organization; a signed statement from the NEW SECTION charitable organization, that an examination of the account maintained to receive the solicitations was made at the end WAC 434-120-250 Fees. All commercial fund raisers of the campaign; a signed verification that the charitable shall pay an original registration fee at the time of filing and organization is satisfied with the distribution; and a statement a yearly reregistration fee. by a certified public accountant that these are true and (I) The fee for original registration in this state is two hundred fifty dollars. accurate figures. The charitable organization signatory shall be the president or treasurer. (2) The annual renewal fee is one hundred seventy-five dollars. (5) Section V. An irrevocable appointment of the secretary to receive service of process in non-criminal (3) The fee for filing changes in any information proceedings. previously filed under RCW 19.09.075, RCW 19.09.079, and All commercial fund raiser registrations shall be signed WAC 434-110-115 or for filing a contract is ten dollars. by an officer or principal owner of the commercial fund (4) The penalty is fifty dollars for failing to reregister raiser. within sixty days of the due date. Beginning on the sixty- sixth day or following administrative dissolution of the NEW SECTION corporation, whichever is later, the commercial fund raiser shall pay an additional penalty of one hundred dollars for WAC 434-120-220 Change in status, notification. A each unregistered year for up to two years or shall register commercial fund raiser shall do the following: (I) Notify as a new entity. the corporations division of a change in principal officer, Any commercial fund raiser failing to reregister and owner, or Washington representative within thirty days after conducting business may also be subject to other penalties the change. and remedies that may be imposed by law. (2) Notify the corporations division of a change in (5) The fee for expedited in-person service is twenty business structure within thirty days, register the restructured dollars for any and all transactions within one commercial entity as a new commercial fund raiser, and include evidence fund raiser file. of separate bonding and a fee of ten dollars. (6) The photocopy fee is ten dollars for copies of the (3) Notify the corporations division of a change in annual registration form or Jetter. business name within thirty days. register the new name. and include evidence of bonding in the new name. If the fund NEW SECTION raiser will use both the existing name and the new name, include evidence of separate bonding for each name and WAC 434-120-255 Auditing standards. (I) All include a fee of ten dollars. commercial fund raisers shall file with the corporations division an annual audit report of the business conducted by a certified public accountant in accordance with the audit [ 105] Proposed WSR 93-21-093 Washington State Register, Issue 93-21 standards of generally accepted accounting principals, (iv) "All proceeds" is the remainder left after subtracting (GAAP). indirect and direct expenses of bringing the product to the (2) A primary fund raiser who has contracted with a buyer; secondary commercial fund raiser to solicit funds is responsi- and ble to determine and report all expenses and contributions (v) An annual financial statement is filed with the associated with the solicitation in its annual reregistration Corporations Division [see WAC 434-120-215(4)). report, regardless of whether the primary or secondary fund raiser incurred the expenses or accepted the contributions. Reviser's note: The brackets and enclosed material in the text of the The secondary fund raiser's audit report shall include above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. separate accounting for each contract with another commer- cial fund raiser and each contract with a charity. NEW SECTION WAC 434-120-270 Impairment of surety bond. In the event that a final judgement shall impair the liability of WAC 434-120-260 Surety bonds. (I) A registering a surety bond and the full amount required is not in effect, commercial fund raiser, as principal, shall submit proof of the secretary shall suspend the registration of such commer- execution of a surety bond with one or more sureties whose cial fund raiser. The commercial fund raiser may request liability in the aggregate will equal at least fifteen thousand reinstatement when it has restored the full amount of the dollars; required bond liability and satisfied all judgement claims. (2) A registered commercial fund raiser, called the primary fund raiser, retaining another registered commercial NEW SECTION fund raiser, called the secondary fund raiser, must indicate whether the retained fund raiser is, or is not, included in the WAC 434-120-280 Signing off on the surety bond. primary fund raiser's surety bond. If included, the primary A commercial fund raiser bonded in accordance with fund raiser must file documentary evidence from the surety Chapter 19 .09 RCW and these regulations shall retain the or sureties verifying inclusion of the secondary fund raiser protection of the bond until all claims against it can be filed in the bonding. in accordance with the statute of limitations as listed in (3) A secondary fund raiser retained by a primary fund chapter 4.16 RCW. The secretary of state has not been raiser and covered under its surety bond, must be registered granted authority to sign off on a surety bond signifying that under this act and must also execute a surety bond as all outstanding claims have been filed prior to the expiration principal with one or more sureties whose liability in the of the statute of limitations. aggregate will equal at least five thousand dollars. This is in addition to being included in the primary fund raiser's IV. CHARITABLE TRUST bond. The secondary fund raiser cannot be engaged in any REGISTRATION REQUIREMENTS other fund raising arrangement during the period contracted with the primary fund raiser that has extended its bond NEW SECTION coverage. A secondary fund raiser who is not covered under WAC 434-120-300 Who shall register. (I) Any the primary fund raiser's surety shall execute a surety as trustee as defined in RCW 11.110.020 holding property in described in sub-section (I) of this section. In such case, the trust for a public charitable purpose and any corporation secondary fund raiser may engage in other fund raising formed for the administration of a charitable trust or holding business. assets subject to limitations permitting their use only for ( 4) If a commercial fund raiser does business under charitable, religious, eleemosynary, benevolent, educational, more than one name, each name used by that entity must be or similar purposes shall register with the Office of the registered and bonded separately. Secretary of State, Corporations Division. (2) Exempt from registration under the trust act are the NEW SECTION following: WAC 434-120-265 Exemption from surety bond. A (a) Any trustee making distributions only to individuals commercial fund raiser who can be classified as "product or organizations expressly named in the governing instru- seller," as defined in RCW 7.72.010, meaning "any person ment or mere titleholders, custodians, or depositaries of or entity engaged in the business of selling products" property held for charitable purposes who have no powers or including "a manufacturer, wholesaler, distributor, or retailer duties to administer such property; of the relevant product," may be exempt from the surety (b) Governmental bodies such as the United States, any bond requirement in WAC 424-120-150 when: state, territory, or possession of the United States, the (i) All proceeds for the life of the entity, including District of Columbia, Puerto Rico, or any of their agencies shareholder dividends, are dedicated to a single registered or governmental subdivisions; charitable trust or single registered charitable organization; (c) Religious bodies incorporated as tax exempt reli- (ii) A written contract with the charitable trust or gious organizations, and subsidiary organizations under their organization stating the agreement of the receiver to accept auspices: and the product seller to donate all proceeds is executed; (i) Charitable agencies or organizations affiliated with (iii) The contract is filed by the product seller with the and forming an integral part of the religious body, or corporations division; operated, supervised, or controlled directly by the religious body; or Proposed [ 106 J Washington State Register, Issue 93-21 WSR 93-21-093 (ii) Any officer of a religious body holding property for (2) Section II. The names and addresses of the trustees religious purposes; or corporate officers and directors; To be exempt under this act, a newly formed religious (3) Section III. The purpose of the charitable trust; the body, or subsidiary organizations, as described in subsection names and addresses of beneficiaries or the selected group (2)(c) must be able to show that it is seeking tax exempt of persons (class or classes) or activities which the charitable status from the federal Internal Revenue Service. If a trust designates; written declaration granting the tax exempt status is not (4) Section IV. Whether or not the trust has a federal received within two years of formation, the organization Internal Revenue Service tax exempt status or Washington must file the trust immediately. state real or personal property exemptions, and the basis for (3) Non-profit educational institutions having a course each exemption. Attach a copy of the application for federal of studies equivalent to that of a public school or college tax exempt status, or the declaration of this status if granted operated by a Washington state school district or by Wash- by the Internal Revenue Service under 26 U.S.C. 501 (c)(3), ington state. and a copy of the application for exemption from the state of Washington; NEW SECTION (5) Section V. An inventory with a description and WAC 434-120-305 When to register. Any trustee value of the charitable corporation or trust assets, including required to file under this act must file a copy of the a statement of the current market value of such assets, and instrument establishing title, powers, and duties and an statement of liabilities of the trust. An audited statement inventory of the assets of the trust. made according to GAAP may be submitted to comply with (1) A trustee of a charitable or mixed purpose trust must this section only. Include the name and address of the entity file within two months of receiving control of the body of that prepares, compiles, reviews, or audits the financial the trust. statement of the charitable trust; (2) A trustee or the life tenant of a vested charitable (6) Section VI: The titles of the trust instruments or remainder preceded by a term or life estate must file within articles of incorporation, copies of which must be attached two months of the termination of the term or life estate or to the registration report; and when trust income or principal is authorized or required to (7) An irrevocable appointment of the secretary to be used for a charitable purpose, whichever comes first. receive service of process in non-criminal proceedings. (3) A trustee of an instrument containing only contin- All charitable solicitation trust registrations shall be gent gifts or remainders to charitable purposes, shall file signed by the responsible trustee or president, treasurer, or within two months of the authorization or requirement to use comparable officer of the organization. the trust principal or income for a charitable purpose. A copy of the governing instrument creating the trust (4) Trustees exempt from reporting under RCW shall not be deemed sufficient to meet the requirements of this section. 1 1.110.073 shall file, in addition to the requirements listed, a copy of the declaration of the tax-exempt status, if one is NEW SECTION required under federal tax law, or other basis for the claim for exemption and, annually, a copy of each publicly WAC 434-120-320 Content of annual reports. The available United States tax or information return or report of reports shall contain the information as required by the the trust that is filed with the Internal Revenue Service. As United States Internal Revenue Service 1993 Form 990, described in statute, these shall include banks or trust 990PF, or 990EZ. The report shall also include the name of companies that are acting as trustees and are subject to the trust and trustee(s) or officers. It shall specifically examination by a state or federal government body; the contain and highlight a statement of the current market value governing bodies of nonprofit community foundations or of assets of the charitable trust or organization. Information other nonprofit foundations incorporated for charitable may be submitted in any of the following forms: purposes, which may accept tax exempt contributions; or (1) The Form 990, Return of Organization Exempt from governing bodies of hospitals that are nonprofit and charita- Income Tax, the form 990EZ, Short Form, Return of ble, unless formed pursuant to or in connection with existing Organization Exempt from Income Tax, or the form 990PF, charitable trusts. Return of Private Foundation, filed with the federal Internal Revenue Service; or NEW SECTION (2) A copy of the annual account filed by the trustee in WAC 434-120-310 How to register-Form. Charita- any court having jurisdiction of the trust; or ble trusts using the assets for charitable purposes and (3) A copy of an audit certified as being true and registering under the trust act shall use the combined correct and in accordance with GAAP by any certified public charitable organization, charitable trust, and public benefit accountant and containing substantially the information required as an annual report; or form available in the Office of the Corporations Division or may provide the required information, under oath, topically (4) An organization not required to file a federal tax sectioned exactly in the following manner: return because its gross receipts are not more than twenty- (I) Section I. The name, address, and telephone number five thousand dollars annually, and not required to have an of the charitable trust, foundation, corporation, or trustee and audited annual statement shall submit a statement signed by the type of instrument creating or governing the organization, the president, treasurer, and one other officer showing the corporation, or trust, the date of the governing instrument, information required by this section. and the location where it is filed; [ 107] Proposed WSR 93-21-093 Washington State Register, Issue 93-21 This annual report shall be filed, under oath and REPEALER executed by an affidavit, by one or more trustees responsible for the trust or an officer of the corporation, association, or These regulations repeal the following existing Washing- organization. ton Administrative Code regulations WAC 434-19-010 through 434-19-230 Imple- NEW SECTION menting the Charitable Solicita- tions Act WAC 434-120-330 Annual fees. (1) Charitable trusts registering for the first time shall pay a fee of twenty-five and dollars. When renewal is combined with filing an annual WAC 44-01-010 Promulgation. non-profit corporation report the fee shall be twenty-five WAC 44-01-020 General duties of the attorney dollars. If an organization simultaneously files renewals general and of charitable trust- under the non-profit corporation act, the charitable solicita- ees. tions act, and the charitable trust act, the annual renewal fee WAC 44-01-030 Creation of charitable trust shall be thirty dollars for all three, or if renewing the public division-Register of trustees. benefits registration at the same time, the fee shall be thirty WAC 44-01-040 To whom rules apply. dollars for all four. WAC 44-01-050 Definitions. (2) For all expedited in-person service the fee is twenty WAC 44-01-060 Exemptions and exclusions. dollars for one or more transactions within one charitable WAC 44-01-070 Trustees exempt from RCW trust file. 19 .10.070-Reports required. (3) For a photocopy of Internal Revenue Service Form WAC 44-01-080 Registration-Time for regis- 990EZ the fee is five dollars and for a copy of Form 990 or tration. 990PF the fee is ten dollars with a surcharge for forms WAC 44-01-090 Annual reports. exceeding 100 pages of copy, which is thirteen dollars for WAC 44-01-100 Annual reports-Substance- each fifty page increment. Form. WAC 44-01-110 Annual or periodioc reports- NEW SECTION Time for filing. WAC 434-120-335 When to file annual reports. WAC 44-01-120 Registration and reports- Annual reports shall be filed at the same time as renewal or Executing and filing. annual reports of corporation status or as charitable solicita- WAC 44-01-130 Notice of application for tax tion annual reports. If the trust is not registered under any exemption. of the corporation acts or the charitable solicitations act, the WAC 44-01-150 Duty to furnish information- annual report shall be filed by the last day of the same In general. month of each year (the anniversaty date) as the original WAC 44-01-160 Register-Inspection. charitable trust filing with the Secretary of State. WAC 44-01-170 When trust becomes subject to act-Vested remainders. NEW SECTION WAC 44-01-180 Reulations-Amendments. WAC 434-120-340 Annual reports suspended under Reviser's note: The spelling errors in the above section occurred ir certain conditions. The secretary may suspend the filing of the copy filed by the agency and appear in the Register pursuant to th1 annual reports of a particular trust for a reasonable, specifi- requirements of RCW 34.08.040. cally designated time upon written application of the trustee to the secretary. The secretary, upon agreement to suspend, will file in the register of charitable trusts a statement that the interests of the beneficiaries will not be prejudiced and periodic reports are not required by the secretary. Trusts that may be included in this category are those that designate a specific beneficiary at formation but permit the officers to exercise some discretion in choosing beneficiaries at the time of dissolution. The trust or organization shall continue to pay the annual renewal fee, even if reports are not due. NEW SECTION WAC 434-120-350 Notifying the attorney general of litigation. In accordance with WAC 44-01-140, the trustee has a duty to notify the attorney general in writing of all judicial proceedings involving or affecting the charitable trust or its administration. Proposed [ 108] Washington State Register, Issue 93-21 WSR 93-19-106 (b) The Authority may presume that source-specific PERMANENT RULES allowable emissions for the unit are equivalent to the actual OLYMPIC AIR POLLUTION emissions of the emissions unit. CONTROL AUTHORITY (c) For an emissions unit which has not begun normal [Filed September 17. 1993, 9:10 a.m.] operations on the particular date, actual emissions shall equal Date of Adoption: September 8, 1993. the potential to emit of the emissions unit on that date. Purpose: To amend the regulations and standards for ADVERSE IMPACT ON VISIBILITY means visibility control of air pollution from sources in Thurston, Mason, impairment which interferes with the management, protec- Clallam, Jefferson, Pacific, and Grays Harbor counties. tion, preservation, or enjoyment of the visitor visual experi- Amendments are necessary to achieve consistency with ence of the Federal Class I area. This determination must be Washington Clean Air Act, chapter 70.94 RCW. made on a case-by-case basis taking into account the Citation of Existing Rules Affected by this Order: geographic extent, intensity, duration, frequency, and time of Repealing Article 12, section 13.05, section 9.19, section visibility impairment, and how these factors correlate with 9.06; and amending Article I, Article 3, Article 7, Article 8, (a) times of visitor use of the Federal Class I area, and (b) Article 9, Article IO, Article 14, and Article 15. the frequency and timing of natural conditions that reduce Statutory Authority for Adoption: Chapter 70.94 RCW. visibility. This term does not include effects on integral Pursuant to notice filed as WSR 93-13-077 on June 17, vistas. 1993. AGRICULTURAL BURNING means burning of Effective Date of Rule: Thirty-one days after filing. vegetative debris from an agricultural operation necessary for September 13, 1993 disease or pest control, necessary for crop propagation and/or Mark Goodin crop rotation, or where identified as a best management Mechanical Engineer practice by the agricultural burning practices and research task force established in RCW 70.94.650 or other authorita- AMENDATORY SECTION tive source on agricultural practices. AGRICULTURAL OPERATION means the growing of SECTION 1.07 DEFINITIONS crops, the raising of fowl or animals as gainful occupation. AIR CONT AMIN ANT means dust, fumes, mist, smoke, When used in regulations of the Olympic Air Pollution other particulate matter, vapor, gas, odorous substance, or Control Authority, the following definitions shall apply, any combination thereof. "Air pollutant" means the same as unless they are preempted by definitions in individual "air contaminant". Articles: AIR POLLUTION means the presence in the outdoor ACTUAL EMISSIONS (((as of a vartiet-Jlar Elate))) atmosphere of one or more air contaminants in sufficient means the actual ((a,·erage)) rate((, iA weight ver ttAit tilfle, quantities.i. and of such characteristics and duration as is, or with air f>OlltttioA eoAtrols avviieEI, at whieh the affeeteEI is likely to be, injurious to human health, plant or animal e!flissioA ttAit elflitteEI the f>OlltttaAt ElttriAg the oAe )'ear life, property, or which unreasonably interferes with enjoy- f)erioa whieh f)reeeEles the f)artiettlar Elate, aAEI whieh is ment of life and property. For the purpose of this chapter, revreseAtative of AOF!flal overatioA)) of emissions of a air pollution shall not include air contaminants emitted in pollutant from an emission unit, as determined in accordance compliance with chapter 17.21 RCW, the Washington with (a) through (c) of this subsection. ((AA aEljust!fleAt !fla)' Pesticide Application Act, which regulates the application ee !flaEle to the aYerage aAAual elflissioA rate to aeeottAt for and control of the use of various pesticides. UAt!Sttal eireu!flstaAees EluriAg the two year verioEI. The AIR POLLUTION EPISODE means a period when a Attthorit)' !fla)' allow or require the use of aA alternati't'e ti!fle forecast, alert, warning, or emergency air pollution state is f>erioa Uf>OA a aeterlfliAatiOA that the a)teFAative tilfle f)erioa declared, as stated in Chapter 173-435 WAC. is !flore revreseAtative of AOF!flal overatieA thaA is the ALLOW ABLE EMISSIONS means the emission rate itfltfleEliatel)' vreeeEliAg two )'ears. Aetttal elflissiOAS shall Be calculated using the maximum rated capacity of the source ealettlateEI usiAg the ttAit' s aetttal overatiAg hottrs, f>FOEluetioA (unless the stationary source is subject limits enforceable by rates, aAEI tyves of 1ttaterials 13roeesseEI, stores, or eo1tteusteEI the Authority which restrict the operating rate, or hours of ElttriAg the seleeteEI time verioEI. The Attthority lfla)' f>Fesume operation, or both) and the most stringent of the following: that souree sveeifie allowable emissioAs, whieh iAeorvorate (a) The applicable standards as set forth in 40 CFR part Jitflits OH hours of Of>eratiOA Of f>l'OSUetiOA rate are eqttiva)eAt 60 or 61; to the aetttal emissions of the uAit.)) (b) Any applicable state implementation plan emissions (a) In general, actual emissions as of a particular date limitation including those with a future compliance date; or shall equal the average rate, in tons per year, at which the (c) The emissions rate specified in an approval order, emissions unit actually emitted the pollutant during a one permit condition, or regulatory order issued by the Authority year period which precedes the particular date and which is including those with a future compliance date. representative of normal source operation. The Authority AL TERA TION means any addition to or enlargement shall allow the use of a different time period upon a determi- or replacement; or any major modification or change of the nation that it is more representative of normal source design, capacity, process or arrangement; or any increase in operation. Actual emissions shall be calculated using the the connected loading of equipment or control facility which emissions unit's actual operating hours. production rates, and will significantly increase or adversely affect the kind or types of materials processed, stored, or combusted during the amount of air contaminant emitted. selected time period. [ I l Permanent WSR 93-19-106 Washington State Register, Issue 93-21 AMBIENT AIR means that portion of the atmosphere exchange for a decrease in emissions from another emissions external to building to which the general public has access. unit(s), pursuant to RCW 70.94.155 and WAC 173-400-120. AMBIENT AIR QUALITY STANDARD means an CAPACITY FACTOR means the ratio of the average established concentration, exposure time, and frequency of load on equipment or a machine for the period of time occurrence of air contaminant(s) in the ambient air which considered, to the manufacturer's capacity rating of the shall not be exceeded. machine or equipment. ANCILLARY for the purpose of defining "source", CLASS I AREA means any area designated pursuant to means "related." § 162 or 164 of the Federal Clean Air Act as a Class I area. AUTHORITY means the Olympic Air Pollution Control The following areas are the Class I areas in Washington Authority. state: AUTHORIZED PERMITTING AGENT means either Alpine Lakes Wilderness; the county, county fire marshall, fire districts, or county Glacier Peak Wilderness; conservation district, provided an agreement has been signed Goat Rocks Wilderness; with the local air pollution control authority or department Mount Adams Wilderness; of ecology. Mount Rainier National Park; BEST AVAILABLE CONTROL TECHNOLOGY North Cascades National Park; (BACT) means an emission limitation (including a visible Olympic National Park; emission standard) based on the maximum degree of Pasayten Wilderness; reduction for each air pollutant subject to this regulation Spokane Indian Reservation. which would be emitted from any proposed new or modified COMBUSTIBLE REFUSE means any burnable waste source which the permitting authority, on a case-by-case material containing carbon in a free or combined state other basis, taking into account energy, environmental, and than liquid or gases. economic impacts and other costs, determines is achievable COMBUSTION AND INCINERATION UNITS means for such sources or modification through application of units using combustion for waste disposal, steam production, production processes, available methods, systems, and chemical recovery or other process requirement; but excludes techniques, including fuel cleaning or treatment or innovative open burning. fuel combustion techniques for control of such air pollutant. COMMENCED CONSTRUCTION means that the In no event shall application of the best available technology owner or operator has all the necessary preconstruction result in emissions of any air pollutant which would exceed approvals or permits and either has: the emissions allowed by any applicable standard under 40 (a) Begun, or caused to begin, a continuous program of CFR Part 60 and Part 61. If the reviewing authority actual onsite construction of the source, to be completed determines that technological or economic limitations on the within a reasonably time; or application of the imposition of an emission standard (b) Entered into binding agreements or contractual infeasible, it may instead prescribe a design, equipment, obligations, which cannot be cancelled or modified without work practice or operational standard, or combination substantial Joss to the owner or operator, to undertake a thereof, to meet the requirement of BACT. Such standard program of actual construction of the source to be completed shall, to the degree possible, set forth the emission reduction within a reasonable time. achievable by implementation of such design, equipment, CONCEALMENT means any action taken to reduce the work practice or operation and shall provide for compliance observed or measured concentrations of a pollutant in a by means which achieve equivalent results. The term "all gaseous effluent while, in fact, not reducing the total amount known available and reasonable methods of emission of pollutant discharged. control" is interpreted to mean the same as best available CONTROL APPARATUS means any device which control technology. prevents or controls the emission of any air contaminant. BEST AVAILABLE RETROFIT TECHNOLOGY CONTROL OFFICER means the Air Pollution Control (BART) means any emission limitation based on the degree Officer of the Olympic Air Pollution Control Authority. of reduction achievable through the application of the best DAYLIGHT HOURS means the hours between official system of continuous emission reduction for each pollutant sunrise and official sunset. which is emitted by an existing source. The emission DIRECTOR means director of the Washington state limitation must be established, on a case-by-case basis, department of ecology or duly authorized representative. taking into consideration the technology available, the costs DISPERSION TECHNIQUE means a method which of compliance, the energy and nonair quality environmental attempts to affect the concentration of a pollutant in the impacts of compliance, any pollution control equipment in ambient air other than by the use of pollution abatement use or in existence at the source, the remaining useful life of equipment or integral process pollution controls. the source, and the degree of improvement in visibility ECOLOGY means the Washington State Department of which may reasonably be anticipated to result from the use Ecology. do such technology. If an emission limitation is not feasible, EMISSION means a release of air contaminants into the a design, equipment, work practice, operational standard, or ((otttdoor etffios13here of air eoRtaffiiReRts)) ambient air. combination thereof, may be required. EMISSION LIMITATION means requirement estab- BOARD means the Board of Directors of the Olympic lished by the EPA, Ecology, or the Authority which limits Air Pollution Control Authority. the quantity, rate, or concentration of emissions of air BUBBLE means a set of emission limits which allows pollutants on a continuous basis, including any requirements an increase in emissions from a given emissions unit(s) in which limit the level of opacity, prescribe equipment, set Permanent [ 2) Washington State Register, Issue 93-21 WSR 93-19-106 fuel specifications, or prescribe operation or maintenance GENERAL PROCESS UNIT means an emissions unit procedures for a source to assure continuous emission using a procedure or combination of procedures for the reduction. purpose of causing a change in material by either chemical EMISSION POINT means the location (place in or physical means, excluding combustion. horizontal plane and vertical elevation) at which an emission GENERA TING EQUIPMENT means any equipment, enters the atmosphere. device, process or system that creates any air contaminant(s) EMISSION REDUCTION CREDIT (ERC) means a or toxic air pollutant(s). credit granted pursuant to WAC 173-400-131. This is a GOOD ENGINEERING PRACTICE (GEP) refers to a voluntary reduction in emissions. calculated stack height based on the equation specified in EMISSION UNIT means any part of a source or a WAC 173-400-200 (2)(a)(ii). stationary source ((attd/er a faeilit)' that)) which emits or HOG-FUEL means wood slabs, edging, trimmings, etc., ((has)) would have the potential to emit any ((regulated)) which have been put through a "hog" to reduce them to a pollutant subject to regulation. uniform small size, and also includes shavings from planing EPA means the United States. Environmental Protection mills, sawdust from saw-kerfs, bits of bark, chips and other Agency (USEPA) small recovered products from the manufacture of wood EQUIPMENT means any stationary or portable device, products or any combination thereof. or any part thereof capable of causing the emission of any IDENTICAL UNITS means units installed and operated air contaminant into the atmosphere. in a similar manner on the same premises provided the EXCESS EMISSION means emissions of an air materials handled, processed, or burned are substantially the pollutant in excess of an emission standard or emission same in composition and quantity and their design, mode of limitation. operation, connected devices and types and quantities of EXCESS STACK HEIGHT means that portion of a discharge are substantially the same. stack which exceeds the greater of sixty five meters or the IMPAIRED AIR QUALITY means a condition declared calculated stack height described in WAC 173-400-200(2). by the department or a local air authority in accordance with FACILITY is defined as all emission units in the same the following criteria: industrial grouping located on contiguous or adjacent (a) Meteorological conditions are conducive to accumu- properties and under common ownership of control. lation of air contamination concurrent with: FEDERAL CLEAN AIR ACT (FCAA) means the (I) Particulate that is ten micron and smaller in diameter Federal Clean Air Act, also known as Public Law 88-206, (PM-10) at or above an ambient level of seventy-five Stat. 392, December 17, 1963, 42 U.S.C. & 401 et seq., as micrograms per cubic meter measured on a twenty-four-hour last amended by the Clean Air Act Amendments of 1990, average; or P.L. 101-549, November 15, 1990. (II) Carbon monoxide at an ambient level of eight parts FEDERAL LAND MANAGER means, with respect to of contaminant per million parts of air by volume (ppm) any lands in the United States, the Secretary of the depart- measured on an eight-hour average. ment with authority over such lands. (b) Air quality that threatens to exceed other limits ((FIRB CHIEF ffieatts a Cm:JRty Fire Marshal, City Fire established by the department or a local air authority. Chief, Chief ef eaeh CeuAt)' Fire PreteetieA Distriet er his INCINERATOR means a furnace used primarily for the authoriced refJreseAtative, er a1:1thericed ferestry offieials thermal destruction of waste. freffi the WashiAgteA State DefJartffieAt ef Natural Reso1:1re IN OPERATION means engaged in activity related to etr.)) the primary design function of the source. FOSSIL FUEL FIRED STEAM GENERA TOR means INTEGRAL VISTA means a view perceived from a device, furnace, or boiler used in the process of burning within a mandatory Class I federal area of a specific land- fossil fuel for the primary purpose of producing steam by mark or panorama located outside the boundary of the Class heat transfer. I area. FUEL BURNING EQUIPMENT means any equipment, LIDAR (Light Detection and Ranging) means the EPA device or contrivance used for the burning of any fuel, and alternate method 1 Determination of the opacity of emissions all appurtenances thereto, including ducts, breechings, control from stationary sources remotely by lidar. equipment, fuel feeding equipment, ash removal equipment, LOWEST ACHIEVABLE EMISSION RA TE (LAER) combustion controls, stacks, chimneys, etc., used for indirect means for any source that rate of emissions which reflects heating in which the material being heated is not contacted the more stringent of: by and adds no substances to the products of combustion. (a) The most stringent emission limitation which is FUGITIVE DUST means a particulate emission made contained in the implementation plan of any state for such airborne by forces of wind, man's activity, or both. Un- class or category of source, unless the owner or operator of paved roads, construction sites, and tilled land are examples the proposed new or modified source demonstrates that such of areas that originate fugitive dust. Fugitive dust is a type limitations are not achievable; or offugitive emission. (b) The most stringent emission limitation which is FUGITIVE EMISSIONS means emissions which do not achieved in practice by such class or category of source. pass and which could not reasonably pass through a stack, In no event shall the application of this term permit a chimney, vent, or other functionally equivalent opening. proposed new or modified source to emit any pollutant in GARBAGE means refuse, animal or vegetable matter as excess of the amount allowable under applicable new source from a kitchen, restaurant or store. performance standards. [ 3] Permanent WSR 93-19-106 Washington State Register, Issue 93-21 MAJOR MODIFICATION means any physical change section whether it is a major source, unless the fugitive in or change in the method of operation of a major source emissions are toxic air pollutants, or, unless the source that would result in a significant net emissions increase of belongs to one of the following categories of sources or the any pollutant subject to regulation under the act. Any net source is a major source solely due to paragraphs (a)(III) or emissions increase that is considered significant for volatile (a)(IV) of this subsection: organic compounds and nitrogen oxides shall be considered (I) Coal cleaning plants (with thermal dryers); significant for ozone. A physical change or change in the (II) Kraft pulp mills; method of operation shall not include: (III) Portland cements plants; (a) Routine maintenance, repair, and replacement; (IV) Primary zinc smelters; (b) Use of an alternative fuel or raw material by reason (V) Iron and steel mills; of an order under sections 2 (a) and (b) of the Energy (VI) Primary aluminum ore reduction plants; Supply and Environmental Supply Coordination Act of 1974 (VII) Primary copper smelters; (or any superseding legislation) or by reason of a natural gas (VIII) Municipal incinerators capable of charging more curtailment plan pursuant to the Federal Power Act; than two hundred fifty tons of refuse per day; (c) Use of an alternative fuel by reason of an order or (IX) Hydrofluoric, sulfuric, or nitric acid plants; rule under section 125 of the FCAA, 42 U.S.C. 7425; (X) Petroleum refineries; (d) Use of an alternative fuel at a steam generating unit (XI) Lime plants; to the extent that the fuel is generated from municipal solid (XII) Phosphate rock processing plants; waste; (XIII) Coke oven batteries; (e) Use of an alternative fuel or raw material by a (XIV) Sulfur recovery plants; source which: (XV) Carbon black plants (furnace process); (I) The source was capable of accommodating before (XVI) Primary lead smelters; December 21, 1976, unless such change would be prohibited (XVII) Fuel conversion plants; under any federally enforceable permit condition which was (XVIII) Sintering plants; established after December 12, 1976, in a Prevention of (XIX) Secondary metal production plants; Significant Deterioration permit or Notice of Construction (XX) Chemical process plants; Approval; or (XXI) Fossil fuel boilers (or combination thereof) (II) the source is approved to use under any permit totaling more than two hundred fifty million British thermal issued under regulations approved pursuant to this section; units per hour heat input; (f) An increase in the hours of operation or in the (XXII) Petroleum storage and transfer units with a total production rate, unless such change is prohibited under any storage capacity exceeding three hundred thousand barrels; federally enforceable permit condition which was established (XXIII) Taconite ore processing plants; after December 21, 1976 in a Prevention of Significant (XXIV) Glass fiber processing plants; Deterioration permit or a Notice of Construction Approval. (XXV) Charcoal production plants; (g) Any change in ownership at a source. (XXVI) Fossil fuel fired steam electric plants of more MAJOR SOURCE means: than two hundred fifty million British thermal units per hour (a) Any source which: heat input; and (I) Emits or has the potential to emit one hundred tons (XXVII) Any other stationary source category which, as per year or more of any air contaminant regulated by the of August 7, 1980, was being regulated under sections 111 state or Federal Clean Air Act; or 112 of the Federal Clean Air Act. (II) Is located in a "marginal" or "moderate" ozone MANDATORY CLASS I FEDERAL AREA means any nonattainment area and which emits or has the potential to area defined in § of the FCAA, Subpart D as amended emit one hundred tons per year or more of volatile organic through the adoption date of this rule. The mandatory Class compounds or oxides of nitrogen; I federal areas in Washington state are as follows: (III) Is located in a "serious" carbon monoxide Alpine Lakes Wilderness; nonattainment area where sources contribute significantly to Glacier Peak Wilderness; carbon monoxide levels and which emits or has the potential Goat Rocks Wilderness; to emit fifty tons per year or more of carbon monoxide; or Mount Adams Wilderness; (IV) Is located in a "serious" particulate matter (PM 102. Mount Rainier National Park; nonattainment area and which emits or has the potential to North Cascades National Park; emit seventy tons per year or more of PM emissions. 10 Olympic National Park; (V) Emits or has the potential to emit 10 tons or more Pasayten Wilderness. per year of any toxic air pollutant or 25 tons per year of any MASKING means the mixing of a chemically nonreac- combination of toxic air pollutants. tive control agent with a malodorous gaseous effluent to (b) Any physical change that would occur at a source change the perceived odor. not qualifying under (a) of this subsection as a major source, MATERIALS HANDLING means the handling, if the change would constitute a major source by itself; transporting, loading, unloading, storage, and transfer of (c) A major source that is major for volatile organic materials with no significant chemical or physical alteration. compounds or nitrogen oxides shall be considered major for MODIFICATION means any physical change in, or ozone; change in the method of operation of, a stationary source (d) The fugitive emissions of a source shall not be that increases the amount of any air contaminant emitted by included in determining for any of the purposes of this such sources or that results in the emissions of any air Permanent [ 4] Washington State Register, Issue 93-21 WSR 93-19-106 contaminant not previously emitted. The term modification on it in demonstrating attainment or reasonable further shall be construed consistent with the definition of modifica- progress. tion in Section 7411, Title 42, United States Code, and with (Q An increase that results from a physical change at a rules implementing that section. source occurs when the emission unit on which construction ( (MlI'~TIPLE CHAMBER INCINERATOR ffieafls aAy occurred becomes operational and begins to emit a particular artiele, ffiaehiAe, eeAtrivaHee, strnett1re er f'!lFt ef a strt1ett1re, pollutant. Any replacement unit that requires shakedown t1sed te disfJese of eoffil:lt1stisle reftlse sy 8t1rHiHg, eoHsistiHg becomes operational only after a reasonable shakedown of three or ffiore refraetOF)' liRes eoffil:lt1stjoH fornaees iH period, not to exceed one hundred eighty days. series, fJhysieally setJarated B)' refraetory walls, iAtereOHHeet NEW SOURCE means ((a s0t1ree eoHstrneted, iHstalled ed B)' gas fJSssage fJOFts or dt1ets aAd effif'loyiHg adeqt1ate or estaslished after the effeeti,·e date of this regt1latioA.)) desigA fJ!lraffieters Aeeessar)' fer ffiaxiffit1ffi eoml:lt1stioR of a (a) The construction or modification of a stationary material to Be l:lt1FAed.)) source that increases the amount of any air contaminant NATIONAL EMISSION STANDARDS FOR HAZ- emitted by such source or that results in the emission of any ARDOUS AIR POLLUTANTS (NESHAP) means the air contaminant not previously emitted; and federal regulations set forth in 40 CFR Part 61. (b) Any other project that constitutes a new source NATURAL CONDITIONS means naturally occurring under the Federal Clean Air Act. phenomena that reduce visibility as measured in terms of NEW SOURCE PERFORMANCE STANDARDS visual range, contrast, or coloration. (NSPS) means the federal regulations set forth in 40 CFR NET EMISSIONS INCREASE means; (a) The amount by which the sum of the following NONATTAINMENT AREA means a clearly delineated exceeds zero: geographic area which has been designated by EPA and (I) Any increase in actual emissions from a particular promulgated as exceeding a national ambient air quality change or change in method of operation at a sourcej and standard or standards for one or more of the criteria pollut- (II) Any other increases and decreases in actual emis- ants, which includes carbon monoxide, fine particulate matter sions at the source that are contemporaneous with the (PM- I 0) sulfur dioxide, ozone, and nitrogen dioxide. particular change and are otherwise creditable. NOTICE OF CONSTRUCTION APPLICATION means (b) An increase or decrease in actual emissions is a written application to permit construction of a new source, contemporaneous with the increase from the particular modification of an existing source or replacement or substan- change only if it occurs before the date that the increase tial alteration of control technology at an existing source. from the particular change occurs. Replacement or substantial alteration of control technology (c) An increase or decrease in actual emissions is does not include routine maintenance, repair, or parts creditable only if: replacement. (I) It occurred no more than one year prior to the date NUISANCE means an emission that unreasonably of submittal of a complete notice of construction application interferes with the use and enjoyment of property. for the particular change, or it has been documented by an OPACITY means the degree to which an ((emissiofl emission reduction credit, in which case the credit shall redt1ees the traHsffiissioA of light aAd 08set1res the ·,·iew of expire ten years after the date of original issue of the ERC. ftlt)) object ((iA the 8aekgrot1Hd)) seen through a plume is Any emissions increases occurring over the life of the ERC obscured, stated as a percentage. shall be counted against the ERC. OPEN BURNING, ((CoHtiHt10t1s TyfJe)) means ((ftlt (II) Ecology or the Authority has not relied on it in OfJeA l l1 1FAiHg diSf'OSal fJFOeesS \Vhieh is l=JeiHg FefJeated l IRder issuing an order of approval for the source under regulations tJerffiit at the same loeatioH)) the combustion of material in approved pursuant to CFR Part 51, Subpart I or the EPA has an open fire or in an open container, without providing for not relied on it in issuing a PSD permit pursuant to 40 CFR the control of combustion or the control of the emissions 52.21 which order or permit is in effect when the increase in from the combustion. Wood waste disposal in wigwam actual emissions from the particular change occurs. burners is not considered open burning. (d) An increase in actual emissions is creditable only to OPEN FIRE means a fire where any material is burned the extent that the new level of actual emissions exceeds the in the open or in a receptacle other than a furnace, incinera- old level. tor or kiln. (e) A decrease in actual emissions is creditable only to ORDER OF APPROVAL OR APPROVAL ORDER the extent that: means a regulatory order issued by ecology or the Authority (I) The old level of actual emissions or the old level of to approve the notice of construction application for a allowable emissions, whichever is lower, exceeds the new proposed new source or modification or the replacement or level of actual emissions; substantial alteration of control technology at an existing (II) It is federally enforceable at and after the time that stationary source, after review of all information received actual construction on the particular change begins; including public comment as required under Article 5 and (III) It has approximately the same qualitative signifi- Article 7. cance for public health and welfare as that attributed to the OWNER means and includes the person who owns, increase from the particular change; and leases, supervises or operates the equipment or control (IV) Ecology or the Authority has not relied on it in apparatus. issuing any permit under regulations approved pursuant to 40 PARTICULATE MATTER OR PARTICULATES CFR 51 Subpart I or Ecology or the Authority has not relied means any liquid, other than water, or any solid which is so [ 5 l Permanent WSR 93-19-106 Washington State Register, Issue 93-21 finely divided as to be capable of becoming windblown or projected onto a plane perpendicular to a line between the being suspended in air or other gas or vapor. center of the stack and the center of the building. PARTICULATE MATTER EMISSIONS means all REASONABLE ALTERNATIVES means disposal finely divided solid or liquid material, other than uncom- alternatives to open burning that cost less than eight dollars bined water, emitted to the ambient air as measured by a fifty cents per cubic yard. After July 1993, this amount shall pre-approved method by the Authority. be adjusted periodically by department policy. PARTS PER MILLION (ppm) means parts of a REASONABLY ATTRIBUTABLE means attributable contaminant per million parts of gas, by volume, exclusive by visual observation or. any other technique the Authority of water or particulates. deems appropriate. PERMIT means a written warrant or license granted by REASONABLY AVAILABLE CONTROL TECHNOL- the Board, Control Officer, or duly authorized Representative OGY (RACT) means the lowest emission limit that a or Agent. particular source or source category is capable of meeting by PERSON means an((d iHelt1des aHy)) individual, firm, the application of control technology that is reasonably public or private corporation, association, partnership, available considering technological and economic feasibility. political subdivision, municipality or government((ftl.)) RACT is determined on a case-by-case basis for an individu- agency. al source or source category taking into account the impact PM I 0 means particulate matter with an aerodynamic of the source upon air quality, the availability of additional diameter less than or equal to a nominal I 0 micrometers as controls, the emission reduction to be achieved by quality, measured by a reference method based on 40 CFR Part 50 and the capital and operating costs of the additional controls. Appendix J and designated in accordance with 40 CFR Part RACT requirements for any source category shall be adopted 53 or by an equivalent method designated in accordance with only after notice and opportunity for comment are afforded. 40 CFR Part 53. RECREATIONAL FIRE means barbecues and camp- PM I 0 EMISSIONS means finely divided solid or liquid fires, using charcoal, natural gas, propane, or natural wood material, including condensible particulate matter, with an which occur in designated areas, or on private property. aerodynamic diameter less than or equal to a nominal I 0 Fires used for debris disposal purposes are not considered micrometers emitted to the ambient air as measured by an recreational fires. applicable reference method, or an equivalent or alternate REFUSE means waste as defined in Section 1.07 of this method, specified in Appendix M of 40 CFR Part 51 or by Regulation. a test method specified in the Washington state implementa- ((REFUSE BURNING EQUIPME.P.ff ffteaHs eq1:1iflffieHt tion plan. desigHed te 81 1rH refuse, r1 188ish er waste material.)) POTENTIAL CONTROLLED EMISSIONS means the REGULATION I means any regulation, or any subse- emissions from a facility determined as if the facility was quently adopted additions or amendments thereto, of the operated at maximum capacity, 8,760 hours per year with Olympic Air Pollution Control Authority. control equipment operating. Operating control equipment REGULATORY ORDER means an order issued by can be considered only if the affect such controls have ori ecology or the Authority to an air contaminant source which emissions is federally enforceable. approves a notice of construction application, limits emis- POTENTIAL TO EMIT means the maximum capacity sions and/or establishes other air pollution control require- of a source to emit a pollutant under its physical and ments. operational design. Any physical or operational limitation on REPRESENTATIVE or AGENT means any person the capacity of the source to emit a pollutant, including air authorized by the Control Officer of the Authority to pollution control equipment and restrictions on hours of represent him in an official and specific manner. operation or on the type or amount of material combusted, RESIDENTIAL means a two or single family unit. stored, or processed, shall be treated as part of its design RUBBISH means waste as defined in Section 1.07 of only if the limitation or the effect it would have on emis- the Regulation. sions is federally enforceable. Secondary emission do not SALVAGE OPERATION means any operation conduct- count in determining the potential to emit of a source. ed in whole or in part for the salvaging or reclaiming of any POTENTIAL UNCONTROLLED EMISSIONS means product. the emissions from a facility determined as if the facility was SIGNIFICANT means a rate of emissions equal to or operated at maximµm capacity, 8,760 hours per year with greater than any one of the following rates: control equipment NOT operating. Pollutant Tons/Year PREVENTION OF SIGNIFICANT DETERIORATION Carbon monoxide (PSD) means the program set forth in WAC 173-400-141. 100 Nitrogen oxides Ecology has adopted the federal PSD program contained in 40 Sulfur dioxide 40 CFR 52.21 with some changes, which are described in 40 Particulate matter (PM) WAC 173-400-141. 25 Fine particulate matter (PM10} PROCESS means any equipment, device apparatus, 15 Volatile organic compounds (VOC) chemical, natural element, procedure, effort, or any combina- 40 Lead tion thereof which performs a service, function, use, or 0.6 Fluorides 3 method, leading to an end of a particular performance, or 7 Sulfuric acid mist manufacturing production. Hydrogen sulfide (Hi_fil PROJECTED WIDTH means that dimension of a 10 Total reduced sulfur (including Hi,fil structure determined from the frontal area of the structure, 10 Permanent [ 6] Washington State Register, Issue 93-21 WSR 93-19-106 Red~c~d Sulfur compounds (including Hzfil l.Q +source as defined in this section which is fixed in location Municipal waste combustor organics 0.0000035 temporarily or permanently. This term does not include (measured as total tetra-through octa- emissions resulting directly from an internal combustion chlorinated dibenzo-p-dioxins and engine for trans~rtation purposes or from a non-road engine dibenzofurans) or non-road vehicle as defined in section 216 of the FCAA. Municipal waste combustor metals S~fl!RIC ACID PLANT means any facility producing (measured as PM) sulfunc acid ?Y the_ contact process by burning elemental Municipal waste combustor acid gases . sulfur, alkylat1on acid, hydrogen sulfide, or acid sludge. (measured as so? 40 TEMPORARY means a period of time not to exceed and hydrogen chloride) one (I ) year. TOT AL REDUCED SULFUR (TRS) means the sum of SIGNIFICANT VISIBILITY IMPAIRMENT means the ~ulfur _compounds hydrogen sulfide, mercaptans, dimethyl visibility impairment "'.hich interferes with the management, sulfide, dimethyl disulfide, and any other organic sulfides protection, preservation, or enjoyment of visitor visual emi.tted and measured by EPA method 16 or an approved experience of the Class I area. The determination must be equivalent method and expressed as hydrogen sulfide. made on a case-by-case basis, taking into account the TOTAL SUSPENDED PARTICULATE means particu- geographic extent, intensity, duration, frequency, and time of late matter as measured by the method described in 40 CFR the visibilitv impairment, and how these factors correlate Part 50 Appendix B as in effect on July I, 1988. with ~he_ time of visitor use .of the Class I area and frequency TOXIC AIR_ POLLUT ANT(S) (TAP) means any class and t1mmg of natural conditions that reduce visibility. A or Class B toxic air pollutant listed in WAC 173-460-150 SIL VI CULTURAL BURNING means burning on any and/or WAC 173-460-160. land the department of natural resources protects per RCW UNITED STA TES ENVIRONMENT AL PROTECTION 70.94.030(13), 70.94.660. 70.94.690, and pursuant to chapter AGENCY (USEPA) shall be referred to as EPA. 76.04 RCW. URBAN GROWTH AREA means an area defined by SOURCE means ((a proeess, operation, or method RCW 36.70A.030. whieh emits or 1fla)' emit any eontaminants to the ambient . ~ENT means any opening through which gaseous ftir)) all of the emissions unit(s) and all of the pollutant em1sst0ns are exhausted into the ambient air. emitting activities which belong to the same industrial VIS.IBILITY IMPAIRMENT means any perceptible grouping, including quantifiable fugitive emissions, that are degradation in visibility (visual range, contrast, coloration) located on one or more contiguous properties, and are under not caused by natural conditions. the control of the same person or persons under common VISIBILITY IMPAIRMENT OF CLASS I AREAS control, whose activities are ancillary to the production of a ~ea~s visibility impairment within the area and visibility single product or functionally related groups of products. impairment of any formally designated integral vista associ- Pollutant emitting activities shall be considered as part of the ated with the area. same in~ustrial wouping if they belong to the same Major VOLATILE ORGANIC COMPOUND (VOC) means: Group (1.e., which have the same two digit code) as de- . (a) Any compound of carbon, excluding carbon monox- scribed in the Standard Industrial Classification Manual ide, carbon dioxide, carbonic acid, metallic carbides or 1972, as amended by the 1977 Supplement. ' carbonates,_ and ammonium carbonate, which participates in SOURCE CATEGORY means all sources of the atmosphenc photochemical reactions. This includes any same type or classification. organic compound other than the following, which have STACK means ((d1 1et, ehimne)·, f11 1e, or eond1 1it negligible Bhotoc~emical activity: Methane; ethane, methy- arranged for the emission into the 01:1tdoor atmosphere of air lene chloride (d1chloromethane); 1, I, 1-trichloroethane eontaminants)) any point in a source designed to emit solids, (methyl chloroform); I, I, 1-trichloro 2,2,2-trifluoroethane liquids, or gases into the air, including a pipe or duct. (CFC-113); trichlorofluoromethane (CFC-I I); dichlorodifluo- ST ACK HEIGHT means the height of an emission point r~methane (CFC- I 2 ); chlorodifluoromethane (CFC-22); measured from the ground level elevation at the base of the tnfluoromethane (FC-23); I, 1,2,2-tetrafluoroethane (CFC- stack. 1 !4); chloropentafluoroethane (CFC-I 15); 1,1,I-trifluoro 2,2- STANDARD ((AMBIE~lT)) CONDITIONS means a dichloroethane (HCFC-123); I, I, I ,2-tetrafluoroethane ((~)) temperature of 20°C (68°F) ((at 60 degrees Fahre~ (HCFC-124); pentafluoroethane (HFC-125); I, 1,2,2- hett)) and,!!.((~)) pressure of 760 mm ((at)) {29.92 inches} tetrafluoroethane (HFC-134); I, I, 1-trifluoroethane (HFC- of mercury. I43a); I, I-difluoroethane (HFC- I 52a); and perfluorocarbon ST AND ARD CUBIC FOOT OF GAS means that compounds which fall into these classes: amount of the gas which would occupy a cube having (I) Cyclic, branched, or linear completely fluorinated dimensions of one foot on each side, if the gas were free of alkanes; water vapor and at ((a press1:1re of 14.7 P.S.l.A. and a (II) Cyclic, branched, or linear completely fluorinated temperat1:1re of 60 degrees Fahrenheit.)) standard conditions. ethers with no unsaturations; and STATE ACT means the Washington Clean Air Act, (Ill) Sulfur containing perfluorocarbons with no Chapter 70.94 RCW, as amended. unsaturations and with sulfur bonds only to carbon and STATIONARY SOURCE means any e1 1ilding, straet1 1re, fluorine. faeilit)', or installation whieh elflits or ma)· emit any air (b) For the purpose of determining compliance with pol11 1tant s1 1ejeet to reg1 1lation 1 1nder the Federal Clean Air emission !imits, voe will be measured by the appropriate Aet or the State Clean Air Aet or OAPCA REGULATION methods m 40 CFR Part 60 Appendix A. Where such a [ 7] Permanent WSR 93-19-106 Washington State Register, Issue 93-21 method also measures compounds with negligible photo- or analysis as will disclose the nature, extent, quantity or chemical reactivity, these negligibly reactive compounds may degree of air contaminants which are or may be discharged be excluded as voe if the amount of such compounds is by such source and type or nature of control equipment in accurately quantified, and such exclusion is approved by the use. Authority. (e) For the purpose of investigating conditions specific (c) As a precondition to excluding these negligibly to the control, recovery or release of air contaminants into reactive compounds as voe or at any time thereafter, the atmosphere, the Control Officer or ((.ftts.)) !!. duly autho- ecology or the Authority may require an owner or operator rized representative shall have the power to enter at reason- to provide monitoring or testing methods and results demon- able times upon any private or public property, excepting strating, to the satisfaction of ecology or the Authority, the nonmultiple unit private dwellings housing two families or amount of negligibly reactive compounds in the source's less. No person shall refuse entry or access to the Control emissions. Officer, or ((ftts.)) .!! duly authorized representative, who WASTE means unproductive, worthless, useless or request entry for the purpose of inspection, and who presents rejected material. appropriate credentials; nor shall any person obstruct, WASTE-WOOD BURNER means equipment or facility hamper or interfere with any such inspection by the Control used solely for the combustion-disposal of waste wood Officer, or ((ffis.)) !!_duly authorized representative. without heat recovery. Such burners shall include, but not (f) If during the course of an inspection, the Control be limited to, a wigwam burner, a silo-type burner, or an Officer or ((ffis.)) .!!. duly authorized representative desires to air-curtain burner. obtain a sample of air contaminant, fuel, process material or WIGWAM or TEPEE BURNER - see Waste-wood other material which affects or may affect the emission of Burner. air contaminants, ((he)) the Control Officer or a designated agent shall notify the owner or ((lessee)) operator of the time Reviser's note: The typographical errors in the above section and place of obtaining a sample so the owner or ((lessee)) occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. operator has the opportunity to take a similar sample at the same time and place; and the Control Officer or ((ffis.)) !!_ Reviser's note: The spelling error in the above section occurred in duly authorized representative shall give a receipt to the the copy filed by the agency and appears in the Register pursuant to the owner or ((lessee)) operator for the sample obtained. requirements of RCW 34.08.040. (g) The Control Officer may engage, at the Authority's expense and with Board approval, qualified individuals or AMENDATORY SECTION firms to make independent studies and reports as to the nature, extent, quantity or degree of any air contaminants SECTION 3.01 CONTROL OFFICER - POWERS AND which are or may be discharged from any source. DUTIES (h) The Control Officer is empowered to sign official (a) The Control Officer shall observe and enforce the complaints or issue citations or initiate court suits or use provisions of state law and all orders, ordinances, resolutions other means to enforce the provisions of the regulation. or rules and regulations of the Authority pertaining to control (i) In order to demonstrate compliance with emission and prevention of air pollution in accordance with the standards, the Control officer shall have the Authority to policies of the Board of Directors. require a source to be tested, either by the Authority person- (b) At least thirty days prior to the commencement of nel or by the owner, using source test procedures approved any formal enforcement action under RCW 70.94.430 or by the Authority. The owner shall be given reasonable 70.94.431, ((W))whenever the Control Officer has reason to advance notice of the requirement of the test. believe that any provision of state law or any regulation (j) In order for Authority personnel to perform a source relating to the control or prevention of air pollution has been test, the Control Officer shall have the authority to require violated, ((he)) the Control Officer may cause written notice the owner of the source to provide an appropriate platform to be served upon the alleged violator or violators. The and sampling ports. The owner shall have the opportunity notice shall specify the provision of state law or the regula- to observe the sampling and, if there is adequate space to tion alleged to be violated and the facts alleged to constitute conduct the tests safely and efficiently, to obtain sample at a violation thereof and may include an order that necessary the same time. corrective action be- taken within a specified time. In lieu of an order, the Control Officer may require that the alleged AMENDATORY SECTION violator or violators appear before the Board for a hearing, at a time and place specified in the notice, given at least SECTION 3.15 APPOINTMENT OF HEARING twenty (20) days prior to such hearing, and answer the OFFICER charges. (a) In all instances where the Board is permitted or (c) The Control Officer and/or ((fits.))_!!. qualified required to hold hearings under the provisions of Chapter designated agent((~)) may make any investigation or study 70.94 RCW, such hearings shall be held before the Board; which is necessary for the purpose of enforcing this Regula- or the Board may appoint a hearing officer, who shall be an tion or any amendment thereto of controlling or reducing the attorney admitted to practice in the state. amount or kind of air contaminant. (b) A duly appointed hearing officer shall have all the (d) The Control Officer may obtain from any person powers, rights and duties of the Board relating to the conduct subject to the jurisdiction of the Authority such information of hearings. Perrnanent [ 8) Washington State Register, Issue 93-21 WSR 93-19-106 (c) At the conclusion of a hearing at which ((he)) the exceed a specific maximum emission standard of this hearing officer has presided, the hearing officer shall prepare Regulation for a limited period of time, except for any written findings of fact and conclusions of law and a federally enforceable standard, provided that a variance to recommended decision. Parties to the proceeding shall be any state standard is also approved by the Department of notified of the proposed decision as provided in RCW Ecology. The application shall be accompanied by such 34.04.110 through 34.04.120, as now or hereafter amended. information and data as the Control Officer or Board may require. The Board may grant such variance but only after Reviser's note: The typographical error in the above section occurred approval by the Department of Ecology and public hearing in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. or due notice and in accordance with the provisions set forth in RCW 70.94.181, as now or hereafter amended. Any AMENDATORY SECTION hearing held pursuant to this section shall be conducted in accordance with the rules of evidence as set forth in RCW SECTION 3.17 APPEALS FROM BOARD ORDERS 34.04.100, as now or hereafter amended. The Authority shall not commence processing a variance request, until it Any order issued or fee assessed by the Board or the has received a filing fee as determined by Table 7.1, Plan Control Officer, ((with or witho1:1t a heari11g,)) shall become Examination and Inspection Fee, Section 7.04(c). final, provided (("l:Httess-)), that no later than thirty (30) days after the order or decision of the Pollution Control Authority Reviser's note: The typographical error in the above section occurred or Control Officer was communicated to the ((af>f>eali11g)) in the copy filed by the agency and appears in the Register pursuant to the party, an appeal is taken to the Pollution Control Hearings requirements of RCW 34.08.040. Board of the State of Washington, pursuant to RCW 43.21B.:. 70.94.211 and WAC 371.08, as now or hereafter amended. NEW SECTION The sole basis for appeal of a fee assessed by the Control Officer or Board shall be that the assessment contains an SECTION 3.26 Violations - Notice arithmetic or clerical error. At least 30 days prior to the commencement of any formal enforcement action under RCW 70.94.430 or Reviser's note: The typographical error in the above section occurred 70.94.431, the Board or Control Officer shall cause written in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. notice to be served upon the alleged violator or violators. The notice shall specify the provisions of Chapter 70.94 AMENDATORY SECTION RCW or the orders, rules, or regulations adopted pursuant thereto, alleged to be violated, and the facts alleged to SECTION 3.21 SERVICE OF NOTICE constitute a violation thereof, and may include an order directing that necessary corrective action be taken within a (a) Service of any written notice required by this reasonable time. In lieu of an order, the Board or the Regulation shall be made on the owner or ((kssee)) operator Control Officer may require that the alleged violator or of equipment, or ((ffis.)) their agent, as follows: violators appear before the Board for a hearing. Every (I) Either by mailing the notice in a prepaid envelope notice of violation shall offer to the alleged violator an directed to the owner or ((lessee)) operator of the equipment, opportunity to meet with the Authority prior to the com- or ((.ftts)) their agent, at the address listed on ((ffis.)) their mencement of enforcement action. application or order, or registration certificate or at the (a) Each act of commission or omission which procures, address where the equipment is located, by United States aids, or abets in the violation shall be considered a violation Certified Mail, return receipt requested; or and be subject to the same penalty. (2) By leaving the notice with the owner or ((lessee)) (b) In case of a continuing violation, whether or not operator of the equipment, or ((ffis)) their agent, or if.the knowingly committed, each day's continuance shall be a owner or((~)) operator is not an individual, with a separate and distinct violation. member of the partnership or other group concerned, or with an officer or managing agent of the corporation. Reviser's note: The unnecessary underscoring in the above section (b) Service of any written notice required by this occurred in the copy filed by the agency and appears in the Register Regulation shall be made on the Authority, as follows: pursuant to the requirements of RCW 34.08.040. ( 1) Either by mailing the notice in a prepaid envelope direct to the Authority at its office by United States Certi- AMENDATORYSECTION fied Mail, return receipt requested; or (2) By leaving the notice at the Authority office with an SECTION 3.27 ((PENALTY)) REGULATORY AC- employee of the Authority. TIONS and PENALTIES The Control Officer may take any of the following AMENDATORY SECTION regulatory actions to enforce the provisions of Chapter 70.94 RCW or any of the rules of regulations in force pursuant SECTION 3.23 VARIANCES thereto, which is incorporated by reference. Any person who owns or is in control of any plant, (a) 111 additio11 to, or as a11 alternate to, a11y other building, structure, establishment, process or equipment may f>e11alt)' Jlrovided B)' law, a11y f>erso11 who Yiolates a11y of the apply to the Control Officer or the Board for a variance to flF0 1t'isio11s of Chaf)ter 79.94 RCW ar aRy af the niles or regl:llati011s of the DeJlartmeRt ef Beology or the Board, [ 9 J Permanent WSR 93-19-106 Washington State Register, Issue 93-21 iRelt:1diRg bttt Ret limited te RegttlatieR I ef the OlyffifJie Air Superior Court, to recover the penalty. ((fB)) In all actions PelltttieR CeRtrel At1therity, shall inettr a flenalty in the feFffi brought in the Superior Court for the recovery of penalties ef a fine in the affiet1nt net te exeeed ten thettsaRd dellars hereunder, the procedure and rules of evidence shall be the 13er day fer eaeh vielatien. Eaeh stteh Yielatien shall be a same as in ordinary civil action. separate at1d distit1et effet1se, aRd, in ease ef a eet1tiRt1ing ((e)) ill To secure the penalty incurred under this Yielatien, eaeh day's eentit1t1anee shall be a se13arate and section, this Authority shall have a lien on any vessel used distiflet YielatieR. Fer the 13t1r13eses ef this 13aragra13h, the or operated in violation of Regulation I which shall be ffiaxiffittffi daily fine iffipesed by the Beare fur ·,·ielatiens ef enforced as provided in RCW 60.36.050. staRdards by s13eeifie effiissiens t1t1it is tefl thet1saf1d dellars. (((b) Revealed A13ril 8, 1992)) (a) Civil Penalties (b) Criminal Penalties (I) Any person who violates any of the provisions of (I) Any person who knowingly violates any of the Chapter 70.94 RCW or any of the rules or regulations in provisions of Chapter 70.94 RCW or any rules or regulations force pursuant thereto, may incur a civil penalty in an in force pursuant thereto, shall be guilty of a crime and upon amount not to exceed $10,000.00 per day for each violation. conviction thereof, shall be punished by fine of not more (2) Any person who fails to take action as specified by than $10,000.00, or by imprisonment in the county jail for an Order issued pursuant to Chapter 70.94 RCW or Regula- not more than I year, or by both for each separate violation. tion I of the Olympic Air Pollution Control Authority (2) Any person who negligently releases into the (OAPCA) shall be liable for a civil penalty of not more than ambient air any substance listed by the Department of $I 0,000.00 for each day of continued noncompliance. Ecology as a hazardous air pollutant, other than in compli- (3) Within 30 days after receipt of Notice of Civil ance with terms of an applicable permit or emission limit, Penalty, the person incurring the penalty may apply in and who at the time negligently places another person in writing to the Control Officer for the remission or mitigation imminent danger of death or substantial bodily harm shall be of the penalty. Any such request must contain the following: guilty of a crime and shall, upon conviction, be punished by (i) The name, mailing address, and telephone number of a fine of not more than $I 0,000.00, or by imprisonment for the appealing party; not more than I year, or both. (ii) A copy of the Notice of Civil Penalty appealed (3) Any person who knowingly releases into the ambient from; air any substance listed by the Department of Ecology as a (iii) A short and plain statement showing the grounds hazardous air pollutant, other than in compliance with terms upon which the appealing party considers such Order to be of an applicable permit or emission limit, and who knows at unjust or unlawful; the time that they have thereby placed another person in (iv) A clear and concise statement of facts upon which imminent danger of death or substantial bodily harm shall be the appealing party relies to sustain his or her grounds for guilty of a crime and shall, upon conviction, be punished by appeal; a fine of not less than $50,000, or by imprisonment for not (v) The relief sought, including the specific nature and more than 5 years, or both. extent; and (((e) Eaeh aet ef eeffiffiissien er el:flissiefl whieh (vi) A statement that the appealing party has read the fJreettres, aids er aeets ifl the Yielatiefl shall ee eet1sidered a notice of appeal and believes the contents to be true, vielatiefl ttflder the 13revisiefls ef this seetiefl afld st1Bjeet te followed by the party's signature. the sal:fle 13eflalty, the 13eRalty shall beeeffie dtte afld f3B)'able Upon receipt of the application, the Control Officer shall wheR the 13ersefl iRe1:1rring the saffie reeeiYes a fletiee iR remit or mitigate the penalty only upon a demonstration by writit1g frem the Cefltrel Offieer ef the A1:1therity, er his the reguestor of extraordinary circumstances such as the desigt1ee deseribiflg the vielatiefl ·.vith reaseflable partie1:1lari presence of information or factors not considered in setting ty afld adYisit1g s1 1eh 13ersefl that the 13eRalty is d1 1e 1 1Rless e the original penalty. reEJ1:1est is made fer a heariflg te the hearings beard as (4) Any civil penalty may also be appealed to the 13re~·idet'J fur in Chapter 43.21 (e) RCW and Seetiefl 3.17 el Pollution Control Hearings Board pursuant to Chapter this Reg1 1latien 1. '.l/hefl a reEJ1 1est is tflade fer a heariflg, the 43.21B RCW and Chapter 371-08 WAC if the appeal is filed fJeflalt)' shall beeem e d1 1e afld flayable eflly l lf39fl eeffi13letie19 with the Hearings Board and served on the Authority within ef all review vreeeediflgs afld the iss1:1aflee ef a fiflal er6e1 30 days after receipt by the person penalized of the notice affirffiing the 13eflalty in whale er vart. If the am e1 1Rt el imposing the penalty or 30 days after receipt of the notice of s1:1eh 13enalty is flat 13aid te the Beard withifl thirty (30) day~ disposition of the application for relief from penalty. after it beeel fles d1 1e afld 13ayaele, afld a reEJ1 1est fer a heariR~ (5) A civil penalty shall become due and payable on the has flat eeefl l flade, the Atterfley fer the A1 1therity, 1 tf3et1 later of: reEJ1:1est ef the Beard er Centre! Offieer, shall briflg aetien tc (i) 30 days after receipt of the notice imposing the reeever s1 1eh 13eflalty ifl the S1 113erier Ce1 1rt ef the ee1 1nt)' ir penalty; whieh the Yielatien eee1:1ffed. Of all 13eRalties reeevered 0) (ii) 30 days after receipt of the notice of disposition on the At1therity, ene ht1ndred (100%) pereent shall be 13aia intc application for relief from penalty, if such application is the treas1 1ry ef the A1 1therity afld eredited te its fHRds.)) made; or (c) Additional Enforcement (iii) 30 days after the receipt of the notice of decision of (I) Notwithstanding the existence or use of any othe1 the Hearings Board if the penalty is appealed. remedy, whenever ~my person has engaged in, or is about tc (6) If the amount of the civil penalty is not paid to the engage in, any acts or practices which constitute or wil Authority within 30 days after it becomes due and payable, constitute a violation of any provision of Chapter 70.9< the Authority may use any available methods, including RCW, or any order, rule or regulation issued by the Boan Permanent [ 10 ] Washington State Register, Issue 93-21 WSR 93-19-106 or Control Officer or a duly authorized agent, the Board, stteh Ce!flf)liaRee SeheElttle, ettt eRI)' after vuelie heariRg er after notice to such person and an opportunity to comply, dtte Retiee aRd iR aeeertle1tee ·.vith RCW 70.94 as Rew er may petition the superior court of the county wherein the hereafter e!fleHEletl.)) violation is alleged to be occurring or to have occurred for (c) Public Noticing. Compliance Schedules must meet a restraining order or a temporary or permanent injunction or the requirements for public involvement in accordance with another appropriate order. RCW 70.94 as now or hereafter amended. Any hearing held (2) As an additional means of enforcement, the Board pursuant to this section shall be conducted in accordance or Control Officer may accept an assurance of discontinu- with the Rules of Evidence as set forth in RCW 34.04.100, ance of any act or practice deemed in violation of Chapter as now or hereafter amended. 70.94 RCW or of any order, rule, or regulation adopted (d) Federal Action. A source shall be considered to be pursuant thereto, from any person engaging in, or who has in compliance with this section if all the provisions of its engaged in, such act or practice. Any such assurance shall individual compliance schedule, including those stated by specify a time limit during which such discontinuance is to regulatory order, are being met. Such compliance does not be accomplished. Failure to perform the terms of any such preclude federal enforcement action by the EPA until and assurance shall constitute prima facie proof of a violation of unless the schedule is submitted and adopted as an amend- this chapter or the orders, rules, or regulations issued ment to the state implementation plan. pursuant thereto, which make the alleged act or practice (e) Penalties for delayed compliance. Sources on a unlawful for the purpose of securing any injunction or other compliance schedule but not meeting emissions standards relief from superior court in the county wherein the violation may be subject to penalties as provided in the Federal Clean is alleged to be occurring or to have occurred. Air Act. In addition, failure at any phase to make progress ((d) REPEALED Aflril 8, 1992))) towards compliance pursuant to any Compliance Schedule (((g) t\t least thirty days f)rier te the ee!fllfleRee!fleRt ef accepted by the Board shal 1 be deemed an unreasonable BR)' femrnl eRferce1tteRt aetieR t:IRder RCW 70.94. 430 er delay and in violation of the terms of said Compliance 70.94.43 J writteR Retiee will ee sen·ed tlfleR the alleged Schedule and the Board or Control Officer may require that Yielater er vielaters. The Retiee shall Sfleeif)' the fJreYisieR the responsible person appear before the Board to explain the ef RCW 70.94 er the rttle eF regttlatieR alleged te ee delay and show cause why abatement action should not be vielated, aRd the feels alleged te eeRstitttte a ,·ielatieR started, enforcement action taken, and/or the Compliance thereef, aRd ffiay iReh:1de afl erder direetiflg that fleeessary Schedule revoked. eefl'eetive aetieR ee takeR witl'liR a reeseflaele tilfle. IA lieu <D Fee for Compliance Schedule. The Authority shall ef aR erder, the beard er the eeRtrel efHeer !flay require tl'lat not commence processing a compliance schedule request, the alleged vielater er vieJaters Bflfleer eefere the eeard fer until it has received a filing fee as determined by Section a heariRg. every Retiee ef vielatieR shall effer te the 7.04(c). alleged 1!'ielater BR eflflertuRil)' te !fleet witl'l the leeal air autherity f)rier te the eelfl!fleRee!fleRt ef eRfereelfleRt Reviser's note: The typographical error in the above section occurred ~)) in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant REPEALER to the requirements of RCW 34.08.040. ((SECTION 3.31 VARIANCE FILING FEB AMENDATORY SECTION (e) The Atttherity shall Ret ee!fl!fleflee fJreeessiHg e ''ariaRee reqttest, ttHtil it hes reeeiYetl a filiRg fee as deter SECTION 3.29 COMPLIANCE SCHEDULES lfliRetl ey Teele 4, PlaH HJ<BFRiHatieH end IRsfleetien Fee, (a) Issuance. Whenever a source is found to be in Artiele 7, SeetieR 7.13.)) violation of an emission standard or other provision of Regulation I or RCW 70.94 or WAC 173 or any applicable AMENDATORYSECTION federal regulation the Authority may issue a regulatory order requiring that the source be brought into compliance within SECTION 7.01 NOTICE OF CONSTRUCTION a specified time. The order shall contain a schedule for installation, with intermediate benchmark dates and a final (a) No person shall construct, installJ. ((eF)) establish& modify ((tHteW)) an air contaminant source, except those completion date, and shall constitute a compliance schedule. (b) The source, including ((A))~ny person who owns or sources listed in Article 5, section 5.02(b) ((Bxhieit A ef is in control of any plant, building, structure, establishment, Artiele 5)) of the Regulation without first filing with the process or equipment, which ((exeeeds lflaxilflttlfl)) is in Authority a "Notice of Construction and Application for violation of an emission standard ((ef this reguletieA)) or Approval", on forms prepared and provided by the Authority, ((;·ieletes aRy)) other provision of ((this)) Regulation I or and without having received approval Q.y ((et)) the AU- RCW 70.94 or WAC 173, may submit a proposed Compli- THORITY. For the purposes of this Article, addition to ance Schedule to the Board for approval ((a fHefJesed enlargement or replacement of an air contaminant source, or CelflfJliaRee Sehedttle)). The proposed Compliance Schedule any alteration thereto, shall be construed as construction, installation or establishment of a new air contaminant source. must meet the requirements of this section, and shall be New air contaminant sources shall include, but not be accompanied by such information and data as the Control limited to, the following: Officer or the Board may require. ((The Beard !flay aeeef)t [ 11] Permanent WSR 93-19-106 Washington State Register, Issue 93-21 (I) Agricultural drying and dehydrating operations. SALT LADEN WOOD means any species of wood that (2) Asphalt plants. has been soaked in salt water. (3) Cattle feedlots with facilities for 1,000 or more SEASONED WOOD means wood of any species that cattle. has been sufficiently dried so as to contain twenty percent or (4) Chemical plants. less moisture by weight. SOLID FUEL BURNING DEVICE means a device that NEW SECTION burns wood, coal, or any other nongaseous or nonliquid fuels, and includes any device burning any solid fuel except ARTICLE 8 those prohibited by Section 8.07. This also includes devices SOLID FUEL BURNING DEVICES used for aesthetic or spaceheating purposes in a private residence or commercial establishment, which has a heat SECTION 8.01 APPLICABILITY input less than one million British thermal units per hour. The provisions of this article apply to solid fuel burning A cook stove is specifically excluded from this definition. devices in all areas within the jurisdiction of Olympic Air TREATED WOOD means wood of any species that has Pollution Control Authority (OAPCA). been chemically impregnated, painted, or similarly modified to improve structural qualities or resistance to weathering or SECTION 8.03 DEFINITIONS deterioration. ADEQUATE SOURCE OF HEAT means the ability to WOODSTOVE means an enclosed solid fuel burning maintain seventy degrees Fahrenheit (70° F) at a point three device capable of and intended for residential space heating (3) feet above the floor in all normally inhabited areas of a and domestic water heating. Any combination of parts, dwelling-garages are specifically excluded. typically consisting of, but not limited to: Doors, legs, flue CERTIFIED means that a woodstove meets emission pipe collars, brackets, bolts and other hardware, when performance standards when tested by an accredited indepen- manufactured for the purpose of being assembled, with m dent laboratory and labeled according to procedures specified without additional owner supplied parts, into a woodstove, by: is considered a woodstove. a) EPA in 40 CFR Part 60 Subpart AAA-Standards of Performance for Residential Wood Heaters as amended Reviser's note: The typographical error in the above section occurrec through July I, 1990; or in the copy filed by the agency and appears in the Register pursuant to thf b) Oregon Department of Environmental Quality Phase requirements of RCW 34.08.040. 2 emission standards contained in Subsections (2) and (3) of SECTION 8.05 OPACITY STANDARDS Section 340-21-1 15, and Oregon Administrative Rules, Chapter 340, Division 21-Woodstove Certification dated (a) No person shall cause or allow emission of a smoke November 1984. plume from any solid fuel burning device to exceed ar COMMERCIAL means a location that is licensed by the average of twenty (20) percent opacity for six consecutivf State of Washington to conduct business within the State of minutes in any one hour period. Washington. (b) Enforcement. Smoke visible from a chimney, fluf COOK STOVE mean an appliance designed with the or exhaust duct in excess of the opacity standard shal primary function of cooking food and containing an integral- constitute prima facie evidence of unlawful operation of ar ly built in oven, with an internal temperature indicator and applicable solid fuel burning deice. This presumption ma) oven rack, around which the fire is vented, as well as a be refuted by demonstration that the smoke was not causec shaker grate ash pan and an ash cleanout below the firebox. by an applicable solid fuel burning device. The provision o Any device with a fan or heat channels used to dissipate heat this requirement shall not apply during the starting of a ne\I into the room shall not be considered a cook stove. fire for a period not to exceed twenty minutes in any fou IMPAIRED AIR QUALITY STAGE ONE means a hour period. condition declared by the Control Officer when particulates SECTION 8.07 FUEL TYPES 10 microns and smaller in diameter are at an ambient level of 75 micrograms per cubic meter measured on a 24 hour (a) A solid fuel burning device shall only burn clean average or when carbon monoxide is at an ambient level of dry, untreated, seasoned wood. Paper is allowed only fo eight parts of contaminant per million parts of air by volume starting the fire. measured on an eight hour average. (b) A person shall not cause or allow any of the IMPAIRED AIR QUALITY STAGE TWO means a following materials to be burned in a solid fuel burnini condition declared by the Control Officer when particulates device: 10 microns and smaller in diameter are at an ambient level ( 1) garbage; of I 05 micrograms per cubic meter measured on a 24 hour (2) treated wood; average. (3) plastic products; NONAFFECTED PELLET STOVE means that a pellet (4) rubber products; stove has an air-to-fuel ratio equal to or greater than 35.0 (5) animals; when tested by an accredited laboratory in accordance with (6) asphalt products; methods and procedures specified by the EPA in 40 CFR (7) petroleum products; Part 60 Appendix A, Reference Method 28A-Measurement (8) paints; of Air to Fuel Ratio and Minimum achievable burn rates for (9) salt laden wood; or Wood fired Appliances as amended through July I, 1990. Permanent C 12 J Washington State Register, Issue 93-21 WSR 93-19-106 (10) any substance which normally emits dense smoke (2) When a single stage of impaired air is reached, no or obnoxious odors. person in a residence or commercial establishment which has SECTION 8.09 CURT AILMENT an adequate source of heat without burning wood shall burn wood in any solid fuel burning device. (a) Whenever the Authority has declared an impaired air (h) A person responsible for an applicable solid fuel quality stage one for a geographic area a person in a burning device already in operation at the time impaired air residence or commercial establishment within that geograph- quality is declared shall withhold new solid fuel for the ical area with an adequate source of heat other than a solid duration of the impaired air quality. Smoke visible from a fuel burning device shall not operate any solid fuel burning chimney, flue or exhaust duct after three hours has elapsed device, unless the solid fuel burning device is one of the from the declaration of the impaired air quality shall consti- following: tute prima facie evidence of unlawful operation of an (I) The solid fuel burning device is certified; or applicable solid fuel burning device. This presumption may (2) A nonaffected pellet stove. be refuted by demonstration that the smoke was not caused (b) Whenever the Authority has declared an impaired air by a solid fuel burning device. quality stage two for a geographic area a person in a residence or commercial establishment within that geograph- SECTION 8.11 EXEMPTIONS ical area with an adequate source of heat other than a solid Written exemptions granted by the Authority shall be fuel burning device shall not operate any solid fuel burning valid for one (I) year from date of issue. Exemptions may device. be canceled at any time if the original request is found to be (c) The affected geographic area of a declared Impaired incorrect, inaccurate or fraudulent. Exemptions shall apply Air Quality shall be determined by the Control Officer. only to the use of a solid fuel burning device during an (d) If, on or after July I, 1995, the Thurston County Impaired Air Quality and not to the other sections of this nonattainment area is not in attainment with national ambient article or other applicable regulations. air quality standards for particulate matter as specified in (a) Emergency exemption. In an emergency situation Title 40, Section 50.6 of the Code of Federal Regulations, the Authority may issue a written solid fuel burning device any person in a residence or commercial establishment emergency exemption. An emergency situation shall within the nonattainment areas shall not, at any time, burn include, but is not limited to, a situation where a person solid fuel in any solid fuel burning device, except: demonstrates that his/her heating system, other than a solid (I) Fireplaces as defined in RCW 70.94.453(3); fuel heating device, is inoperable for reasons other that (2) certified woodstoves; his/her own actions or a situation where the heating system (3) nonaffected pellet stoves. has be involuntarily disconnected by a utility company or (e) The nonattainment area is to consist of all areas other fuel supplier. An emergency exemption shall not within the city limits of Lacey, Olympia, and Tumwater, and exceed one year. unincorporated areas of Thurston county lying within or (b) Inadequate heat source. Written exemptions may be between the municipal boundaries. issued by the Authority if a person can demonstrate that: (f) Low income exemption; (I) The structure was originally designed with a solid (I) A person who demonstrates an economic need to fuel burning device as the source of heat; or burn solid fuel for residential space heating purposes by (2) The existing heat source, fueled with other than solid qualifying for the low income energy assistance program as fuel, will not provide adequate heat. administered by the Thurston County Community Action Council is eligible for a written solid fuel burning device Reviser's note: The typographical error in the above section occurred special need exemption issued by the Authority. in the copy filed by the agency and appears in the Register pursuant to the (2) Application for a solid fuel burning device special requirements of RCW 34.08.040. need exemption may be made to the Authority at any time. SECTION 8.13 PENAL TIES Exemptions shall be valid for one (I) year and may be renewed provided that the applicant qualifies for the low A person in violation of this Article may be subject to income energy assistance program at the time of renewal the provisions of Section 3.27. application. Special need exemptions are nontransferable SECTION 8.15 INSTALLATION OF UNCERTIFIED and are valid only at the residence location and for the WOODSTOVES person to whom the exemption is issued. Exemptions shall be issued at no cost to the applicant. It shall be unlawful to install an uncertified solid fuel (g) Impaired Air Quality; burning device, except cook stoves, in new or existing (I) On or after July I, 1995, if the Authority has limited buildings or structures. Uncertified solid burning devices the use of solid fuel burning devices in the nonattainment installed after January I, 1992, shall be in violation of this area, a single stage of impaired air quality shall apply in this section and shall be promptly removed from the structure. geographical area and is reached when particulates I 0 SECTION 8.17 SALE AND DISPOSAL OF UNCERTI- micron and smaller in diameter are at an ambient level of 90 FIED WOODSTOVES micrograms per cubic meter of air as measured by a federal reference method specified in Title 40 Part 50, Appendix J At such time as a solid fuel burning device is to be of the code of Federal Regulations or a more timely ambient permanently removed from its location it shall be rendered measurement method accepted and approved by ecology in inoperable as a solid fuel burning device. A removed solid accordance with WAC 173-433-140 (4)(a)(ii). fuel burning device shall not be sold, bartered, traded, or [ 13 J Permanent WSR 93-19-106 Washington State Register, Issue 93-21 given away for a purpose other than recycling of the (6) .In any ~rea within ~he jurisdiction of this authority materials to form something other than an uncertified solid all burn mg reguires a permit as covered in WAC J 73-425- fuel burning device. 070. (7) Urban growth areas and cities with a population of AMENDATORY SECTION ten thousand or more will ban open burning when alterna- tives are available, no later than the end of the year 2000. SECTION 9.01 OPEN FIRES (8) If open burning creates a nuisance the fire must be extinguished immediately. It is the policy of the Olympic Air Pollution Control (b) Other than the following types: ~uthori~y (OAPCA) to achieve and maintain high levels of (I) Recreational fires no larger than four feet in air guahty and to this end minimize to the greatest extent diam~ter and three feet in height for ((reereatioRal pHrposes, reasonably possible the burning of open fires. Consistent eeek1Rg ef feeEI, IREliaR)) campfires((, er the seHEiiRg ef with this policy, the Board does hereby declare that such smeke sigHals for a religie1 1s rit1 1al)) at designated federal, fires should be allowed only on a limited basis under strict state, county or city parks and recreation areas, provided a regulation and close control, such program to be implement- written permit has been issued by a fire protection agency, ed by a one permit system. It is the further policy of the county, or conservation district. Board to encourage the fostering and development of an (2) Residential fires set for the disposal of yard and ~ltemate technology or method of disposing of wastes which garden refuse (except cut grass) ((waste 1:1peH premises of 1s reasonably economical and less harmful to the environ- ~))originating on lands immediately adjacent and in ment. close proximity to a human dwelling((s heHsiRg fel:ir families (a) ((Ne)) It shall be unlawful for any person ((~)) ~)), subject however, to the following restrictions: to cause or allow any open fire ((·withiR the j1:1risElietieR ef (i) There shall be one (I) fire only and it shall not the A1:1therity exeept as fellews)): excee?. four (4) feet i.n diameter and three (3) feet in height. ( (g) ~fo perseR shall ea1 1se er allew BR)' epeR fire )) ~11) The matenal may be burned only if it is of a . (I~ C:ontaining prohibited materials which include, but location, nature and condition to burn without emitting dense 1s ~ot hm1ted to, garbage, dead animals, petroleum products, smoke ((greater thaH 60% epaeit)')) or offensive odors or pamts, rubber products, plastics, paper (other than what is creating a nuisance. necessary to start a fire), cardboard, treated wood, processed .<iii) The fire is to consist only of dry leaves and wood, construction debris, metal or any substance which prunmgs (except grass cuttings which produce dense smoke), when burned releases toxic emissions, ((Rermally emits)) and be burned on such lands by the property owner or their dense smoke or obnoxious odors.:.((, eileept as preYiEieEI for designee under strict conditions such as hours, dates, smoke iR SeetieR 9.0l(f).)) management, etc., provided a written permit has been issued (2) During an air pollution episode or period of im- by a fire protection agency, county, or conservation district paired air quality ((fereeast, alert,, warRiRg er emergeRey (thirty (30) days are the maximum allowed). eeREiitieR)) as defined in RCW 70.94((.715 State EpiseEle ((ftttj)) ili'.l There shall be compliance with all laws and A•·oiEiaRee PlaR)). regulations of other governmental agencies regarding such (3) In a no burn/nonattainment area or i((J.))n any area fires. which has been designated by the Board or Control Officer (v) The fire is not contrary to Section 9.0l(a). as an area exceeding or threatening to exceed State or (((3) fires frem flares, terehes BREI waste gas b1:1FHers.)) Federal ambient air quality standards. . ((er, after J1 1l)' l, ((~)) (3) Where open burning is ((AHy fire)) allowed 1976, State ambieRt air q1 1ality geals fer s1 1speREieEI partie1 1 (1 1REl~r this seetieR is s1 1~eet te the fellewiRg )) a minimum late EleseribeEI iH Chapter I 8 40 WAC, whieh is by this permit (general rule burn) is allowed provided that all refereRee iReerperateEI hereiR.)) restrictions (i through viii) are met. (i) It shall be unlawful for any person to cause or allow (i) ((No sah·age operatioH by opeRiRg b1:1rniRg will be any open fire described in Section 9.01 (b)(2) and (7) in any eeREIHeteEI!) The fire must be attended at all times b) area where the Board has prohibited burning. s_omeone with the means and capability of extinguishing tht: (ii) Fires described in Section 9.0 I are prohibited in the tire. following areas: (ii) ((Ne garbage will be b1:1FHeEI)) Maximum pile size i~ All areas within the city limits of Lacey, Olympia, and four <.~.2 feet by four (~) feet by three (3) feet in height. T~mwa~er_, and unincorporated areas of Thurston county (111) ((~le EleaEI aR1mals will be ElispeseEI ef by b1:1rAiAg) lymg w1th111 or between the municipal boundaries. Only one pile shall be burned at a time, and each pile mus (4) In any area.in which the applicable fire district, fire be extinguished before igniting another. protection agency, city, town, county, or conservation district . (iv) No material containing garbage, asphalt, deac h~s determined not to issue burning permits or has deter- animals, petroleum products, paints, rubber products, plastic mmed that selected types of open burning fires are prohibit- paper (other than what is necessary to start a fire), card ed under a valid burning permit program established pursu- board, treated wood, processed wood, construction debris ant to RCW 70.94.745, RCW 70.94.750, RCW 70.94.775, metal or any substance which when burned releases toxi< and/or RCW 70.94.780. emissions, ((Rermally emits)) dense smoke or obnoxiou: (5) Within fifty (50) feet of a structure or within five odors.;.((, exeept as previEleEI for iR SeetieA 9.0l(f).)) hundred (500) feet of forest slash debris. (v) The designated permitting authority must be calle< to confirm burning conditions for each day or curren Permanent l 14 I Washington State Register, Issue 93-21 WSR 93-19-106 information on burning conditions must be obtained from (((2) l>lo saJ,·age Ofleration b)' Oflen burning will be another designated source. eondueted.)) (vi) If the fire creates a nuisance, it must be extin- (((3) No garbage will burfted.)) guished. (((4) l>lo Eiead aHimals will be disposed of b;· burning.)) (vii) Permission from a landowner, or owner's designat- (((5) l>lo material eontaining es13helt, retroleum rreeuets, ed representative, must be obtained before starting an open flBintS, rubber fJroduets, fl)astie or Bfty substeftee .,.,.hieh fire. normally emits dense smoke or obftoJtious odors will be --(viii) General rule burn permits under this section may burned.)) be used for the following number of days per year: (c) Any permit issued may be limited by the imposition 1992-1994 21 days of conditions to prevent air pollution as defined in Article I 1995-1998 14 days of this Regulation. If it becomes apparent at any time to the 1998-1999 7 days ((Control Offieer)) authorized permitting agent that limita- after 2000 7 days tions need to be imposed, the ((Control Offieer, or his duly designated egeHt)) authorized permitting agent shall notify The exact dates to implemented will be determined by the permittee; and any limitations so imposed shall be treated the control officer. as conditions under which the permit is issued. ( 4) Fire associated with agricultural operations for (d) Fires started in violation of this Regulation shall be controlling diseases, insects, weed abatement or development extinguished by the persons responsible for the same upon of physiological conditions conducive to increased crop notice of the ((Control Offieer or ((his)) .!I: duly designated yield, provided written confirmation has been furnished by ttgettt-)) authorized permitting agent. ((When the Control a designated county extension agent or agricultural specialist Offieer ties lrnowledge of adYerse eonditions for the dis designated by the Cooperative Extension Service that rersement of the by flFOduets of eornbustion, en air 13ollution burning is the best management practice, a one time applica- alert m8)' be dee)ered YoiEiing ell 13ermits for OfleH fires.)) tion fee of twenty dollars is collected, and prior written (e) It shall be prima facie evidence that the person who approval has been issued by the Control Officer. owns or controls property on which.!!!!. open fire((, rrotiibit (5) Fires for abating a forest fire hazard, to prevent a ed b)' this ReguletioH,)) occurs .. has caused or allowed said hazard, for instruction of public officials in methods of forest open fire. fire fighting, any silvicultural operation to improve forest (f) Firemen Training: The Control Officer, or ((fits)) lands, and silvicultural burning used to improve or maintain ~duly authorized agent may allow, by permit, an open fire fire dependent ecosystems for rare plants or animals within necessary for firemen training (other than forest fire training) state, federal, and private natural area preserves, natural by a legally authorized fire control agency and may autho- resource conservation area, parks, and other wildlife areas, rize the burning of petroleum products by such permit. provided prior written approval has been issued by the Conditions of this permit will agree with guidelines estab- Washington Department of Natural Resources. lished by the Washington Department of Ecology. (6) Land clearing fires consisting of residue of a (g) Nothing contained in Article 9 shall be construed to natural character such as trees, stumps, shrubbery or other allow open fires in those areas in which open burning is natural vegetation arising from land clearing projects, prohibited by laws, ordinances, or regulations of the state or (natural vegetation can not be transported from this site to be any city, county, or fire district. burned at another location) under strict conditions, such as (h) Nothing contained in Article 9 shall relieve the hours, dates, smoke management, etc., and provided a applicant from obtaining permits required by any state or written permit has been issued by a fire protection agency, local fire protection agency or from compliance with Section county, or conservation district (thirty (30) days are the I I.IOI of the Uniform Fire Code. maximum allowed for permit). (7) Cooking fires consisting solely of charcoal, propane, Reviser's note: The typographical errors in the above section natural gas or wood (provided that wood is not used in a no occurred in the copy filed by the agency and appear in the Register pursuant burn/nonattainment area) and used solely for the preparation to the requirements of RCW 34.08.040. of food. (8) Fires for Native American ceremonies or for the AMENDATORY SECTION sending of smoke signals if part of a religious ritual, (provided that proof of tribal affiliation is certified and a SECTION 9.03 GENERAL STANDARDS FOR MAXI- permit has been issued by the Control Officer in a no burn MUM VISUAL EMISSIONS (see WAC 173-400-040) area). All facilities, sources and emissions units are required (((b) OpeA burning other theA the eboYe exeeptioAs Ifla)' to meet the visual emission standards of this section except be eoAdueted oAI;· b;· permit fro1fl the Control Offieer or his when a visual emission standard is listed in another section duly designated agent. Suet! penTtits shell be issued "NAen of Regulation I, or where a Notice of Construction lists a the Control Offieer, or his duly designated agent, is satisfied more stringent visual emission standard, or where an that:-)) applicable State of Washington or Federal Regulation lists a (((I) No pruetieal alternate method is available fer the visual emission standard that is more stringent, such stan- disposal of the material to be burned. Due eonsideration dards will take precedent over a general emission standard shall be giYen to eeo1wmie feetors end the loeation at wtiieti listed in this section. the materiel is to be burned.)) (a) In equipment or facilities, including boilers using hogged fuel, regardless of their date of installation, no [ 15] Permanent WSR 93-19-106 Washington State Register, Issue 93-21 person shall cause or allow the emission to the outdoor technology (RACT) which may be determined for some atmosphere, for more than three (3) minutes in any one hour, sources or source categories to be more stringent that the of a gas stream containing air contaminants which are applicable emission limitations of OAPCA Regulation I. greater than 20% opacity. When current controls are determined to be less than RACT, (((e) ~fo peFSOH shall eal:lse OF allow the siseharge or OAPCA shall, on a case-by-case basis, define RACT for eFHissiott of partiel llate matter 'h'hieh eeeomes se13osites l lpOH each source or source category and issue a regulatory order the real OF persoHel propert;· of others. This restrietioH shell to the source or source category for installation of RACT. Hot BflfllY if siseharge or emissioHs ere iR eomfllieRee with Particulate test procedures, on file at the Authority, will be SeetioH 9.05 of this regl:llatioR; 13ro,·ises, however, that used to determine compliance. The Authority includes the eel lsiHg or allowiHg the siseherge or emissioH of flBrtiel llate Method 5 back-half condensible particulate matter, for matter l:lflOR the reel or 13ers0Rel flFeflerty of others shell ee determining compliance with particulate matter standards. flFime faeie eviSeRee that seetiOR 9.05 is ROt eeiRg eOFHfllies (((a) No persoH shell eal:lse or allow the emissioR to the with BRS the Bl lrSeR of flFOOf shell ee l lflOR the SOl lree to Ol ltseor atmos13here of 13artiel llate matter iH violatioA of esteelish eom13litrnee.)) Seetiott 9.03.)) ((fdt)) ill Observations shall be made by trained and (a) In equipment or facilities except boilers using hog certified observers or by LIDAR instrumentation. fuel, no person shall cause or allow the emission of particu- ((fe1)) ill The ((effiy-)) exceptions to Section 9.03f!!l of late matter to the outdoor atmosphere from any single source this Regulation are as follows: in excess of 0.10 grains per standard cubic foot of gas ( 1) ((WheR the gas stream is aR e))~missions occurring (calculated at ((12% eereoH sioJtise)) 7% oxygen). fftf due to soot blowing or grate cleaning may be greater than eFHissioH is from a eome1 1stiott so1 1ree, aHs iA the ease of 20% opacity; providing the operator can demonstrate that iHeiAeratioH, eoneetes for the l lSe of Bl lJtiliary foe!.)) soot blowing or grate cleaning will not exceed a total of 15 Particulate test procedures, on file at the Authority, will be minutes in any 8 consecutive hours. This practice, except used to determine compliance. The Authority includes the for testing and trouble shooting, is to be scheduled for the Method 5 back-half condensible particulate matter, for same approximate times each day and OAPCA shall be determining compliance with particulate matter standards. advised of the schedule. ((from a eeiler l:lsiHg hog fuel, BAS Hogged Fuel Boilers ((IA eEJ1 1i13FHeHt or faeilities aH emissioR oernrs whieh is Sl le to l lRfllBHHes eHs l lHiHteH i Hstalles sl leseEJl letttl)' to the effeeti't·e date of this Reg1 1la tioHal eomel:lstiOR eeHsitiORS, the emissiOR mB)' ee greeter tietr,)) ((tt))No person shall cause or allow the emission of theR 40% 013aeit)' Blit, lfltlSt ee less thaR 60% 013aeit)'; fer a particulate matter to the outdoor atmosphere from any single flerios of Hot mere theH siJt (6) miHl ltes iH eHy eHe hol lr source in excess of 0.20 grains per standard cubic foot of PROVIDED, that the operator shall take immesiete aetieH to gas (calculated to ((12% eareoH sioJtise)) 7% oxygen.) ((tt eoffeet the sitl:latioH.)) eFHissioH is from a eoFHBl:lstioA proeess).)) Particulate test (((2) For fll:ll"flOSes of Heeessary soot elowittg, the procedures, on file at the Authority, will be used to deter- emissiOR may Be sarker theR the ffB0°'le limits fer ff period Of mine compliance. The Authority includes the Method S Hot mere thaH fifteeH ( 15) miHtttes or three (3) miR1:1tes 13er back-half condensible particulate matter, for determining eoiler, whiehever is less, iR atty eight (8) hOl:lF perios.)) compliance with particulate matter standards. (3) ((Whefe)) When the owner or operator of a source (c) Fugitive particulate material. Reasonable and/o1 supplies valid data to show that the presence of uncombined appropriate precautions shall be taken to prevent fugitive water is the only reason for the ((faill:lre of aR emissioH to particulate material from becoming airborne; meet the lin'litatioHs of this seetioH, these limits shell Hot ( 1) When handling, loading, unloading, transporting, 01 Bflpl)'. The Bl lrSeR of flFOOf iR this ease shall ee l lflOR the storing particulate material, or 13erseH seekiHg to 013erate '"''ithiH the flFOVisioHs of this (2) When constructing, altering, repairing or demolish- seetttm)) opacity to exceed 20%. ing a building; or its appurtenance; or a road; or (((4) The li1ttits of this seetioH shall Hot a1313ly dl:lriHg the (3) From an untreated open area. ti1tte for eomplieAee with this Regl:llatioA fiJted B)' the For the purpose of this subsection, fugitive particulatt CoHtrol Offieer er the Boars.)) means particulate material which is generated incidental tc an operation, process or procedure and is emitted into tht AMENDATORY SECTION open air from points other than an opening designed fo emissions such as stack or vent. SECTION 9.05 GENERAL STANDARDS FOR MAXI- (d) No person shall cause or allow any construction MUM PARTICULATE MATTER (see WAC 173-400- alteration, repair, maintenance or demolition work withou 040, -050, -060, 070) taking precautions to prevent air pollution. (e) Fallout. No person shall cause or permit th1 All sources and emissions units are required to meet the emission of particulate matter from any source to be deposit emission standards of this section, except when a standard is ed beyond the property under direct control of the owner(s listed in another section of Regulation 1, or where a Notice or operator(s) of the source which interferes unreasonabl• of Construction Approval Order lists a more stringent with the use and enjoyment of the property upon which thi standard, or where an applicable State of Washington or material is deposited. Federal Regulation lists a standard that is more stringent, such standards will take precedent over a general emission Reyiser's note: The typographical errors in the above sectio standard listed in this section. Further, all existing emission occurn:d in the copy filed by the agency and appear in the Register pursuar units are required to use reasonably available control to the requirements of RCW 34.08.040. Permanent [ 16] Washington State Register, Issue 93-21 WSR 93-19-106 REPEALED SECTION AMENDATORY SECTION MOVE SECTION 9.06 TO ARTICLE 8 SECTION 9.07 INCINERATION OPERATION ((8ECTIO:N 9.06 WOOD8TOVB8 ill No person shall cause or allow any incineration If, Oft or after lttl)' I, 1995, the Thtlfstoft Cottftty operation within the Authority's jurisdiction except in a_!! Noftattaiftffleftt area is ftot ift attaiftffleftt with ftatioftal {{fflt1ltivle chafflber)) incinerator ((tlftd.)) provided with afflbieftt air qttality staftsarss for vartiettlate fflatter as emission control apparatus ((or in eqt1if3H1eftt)) found by the sveeifies ift Title 40, 8eetioft 50.6 of the Cose of Peseral Control Officer, or ((ft.i.5-)) .!!_duly designated agent, in advance of such use, to be ((eqt1ally)) effecti"ve for the Regt1latiofts, afty versoft ift a resiseftee or eofflfflereial purpose of air pollution control. establishmeftt witflift the ftOftattaiftffleftt areas shall ftOt, at Bft)' tiffle, bt1fft solis fuel ift afty solis ftiel bttfftiftg seviee, exeevt: ((SECTION 9.99 INCINERATION HOURS)) (1) firevlaees as sefiftes in RCW 70.94 .453(3); ((fat))(b) Incinerator Hours - No person shall cause or (2) woosstoves ffleeting the stansarss set ferth ift RCW allow an incineration operation at any time other than 70.94.457 or Title 40, Part 60 of the Cose of Peseral daylight hours of the same day, except with approval of the Regt1lations; Control Officer. (3) vellet stoves ftOt affeet by Title 40, Part 60 of the (((b) Aflf'FOYa) of the Cofttrol Officer for aft incineratioft Cose of Peseral Regt1lations. overation fflay be grantee ttf30ft the st1bfflissioft of a writteft (a) The ftOftatteiftffleftt area is to eonsist of the ifteorvo reqt1est stating:)) rates ans noftifteorvorates areas withift the bot1ftsaries of (((I) The naff!e aftEI aElsress of the Bflfllieaftt.)) Laeey, Olyffl{3ia, afts Tl:IH1water. (((2) The location of the iftcinerator.)) (b) Low lfteoffle Bll:efflvtioft (((3) A seserivtieH of the i11cifterator Bl!S its C0fttrol (I) A verson who sefflOftStrates Bft econoffliC neeEI to 8f3f38F8ttlS.)) bt1rn soliEI fuel for resisefttiel svace heating vt1rvoscs by (((4) Velie reason for isst1aftee of st1ch BflflFOYal.)) qt1alif)'iftg for the low iftcofflc eftergy assistance vrograffl as ( ( (5) The hot1rs, ether than Eleylight >iot1rs, Elt1riftg whie>i aElffliftistercs by the Tht1rston Cot1nty CoH1fflt1nity Actioft the Bflfllieeftt seeks to overate the eqt1if!FReftt.)) Cot1ncil is eligible for a writteft soliEI fuel bt1rning ee,·ice (((6) The length of tiffle for ·.~·hich the eJtcevtieft is svecial HCCS exefflvtioft isstteEI by the Atttherity. ~)) (2) Avvlicatioft for a soliEI ft1el bt1rning Ele,·icc svceial neeEI eitefflvtioft fflay be fflaEle to the Attthority at any time. AMENDATORY SECTION ell:effl{3tioftS shall be YaliEI for Ofte (1) year BftS fflay be reneweEI fJrOYiEleEI that the BfJf'lieaftt qttalifies for the low SECTION 9.11 ODOR CONTROL MEASURES ifteoffle energy assistance vrograffl at the time of reftewal avvlicatioft. Svecial fteeEI eitefflvtiOftS are ftOfttFaftsferable (a) ({Effective control Bf'f'BFBttts, H1east1res, or f'FOeess)) anEI are yaJiEI only at the resieeftce location aftEI for the Reasonably available control technology (RACT) shall be verSOft to whoffl the exeff!vtioH is isst1eEI. eJtefflvtiOftS shall installed and operated to ((redt:tee)) mitigate odor-bearing be isst1eEI et ftO cost to the Bf'f'liceftt. gases ((or f!Brtiet1late fflatter)) emitted into the atmosphere to (c) Imvaires Air Qt1ality a minimum, or, so as not to create air pollution. (I) On or after Jttl:Y I, 1995, if the Attt>iority >ias lilflites (b) The Board may establish requirements that the the t1se of solis fuel bttrning Elevices in the nonattaiftfftent building or equipment be ~closed and ventilated in such a area, a single stage of ifflvaires air qt1alit)' shall avvly in this way that all the air, gases and particulate matter are effec- geogravhical area ans is reaches when fJBFticttlates I 0 tively treated for removal or destruction of odorous matter or H1icrons enEI sffteller ift siaffteter are at en embieftt JeyeJ of other air contaminants before emission to the outdoor 90 fflicrogreffls ver ct1bic ffleter of air es FHeast1res b)' a atmosphere. feEleral reference H1ethos svecifies in Title 40 Part 50, (c) No person shall cause or allow the emission or AfJfJeHsiJt J of the cose of PeEleral Regt1lations or e fflOre generation of any odor from any source which unreasonably tifflel)' aFReieftt ffleasttreFReftt methoEI eecevteEI aftEI BfJfJFOYes interferes with another person's use and enjoyment of((~)) b;· Bcolog)' ift eccorElenee with WAC 173 433 140 (4)(a)(ii). their property. (2) Wheft e siftgle stage of ifflvaireEI air is reaches, no vcrson in a resieeftce or coff!FRercial establishFReftt which has AMENDATORY SECTION en aEleqt1ete sottrce of heat withot1t bt1rning woos shell bt1rn woos in BA)' solis ftiel bttrning Elevice, iftelt1sing those which SECTION 9.1((.J))1 EMISSION OF AIR CONTAMI- meet the stensaffis set forth in RCW 70.94.457 or Title 40, NANT - CONCEALMENT AND MASKING (WAC 173- Part 60 of the cose of Peseral Regt1lations.)) 400-040) a) No person shall cause or allow the installation or use Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the of any device or use of any means which, ((withot1t rest1lting requirements of RCW 34.08.040. iH 8 resttctiOft ill the total 8FH0tlftt Of air COfttBFHiftaAt CFRif re0,)) conceals or masks an emission of air contaminant which would otherwise violate ((Seetioft 9.03 throt1gh 9.11 afts 8ectioA 9. I 9 of this Regulation)) any provisions of OAPCA's Regulation I or WAC 173-400. [ 17 l Permanent WSR 93-19-106 Washington State Register, Issue 93-21 b) No person shall cause or allow the installation or use and adequately demonstrates to the Control Officer that the of any device or use of any means designed to conceal or excess emissions could no have been prevented through mask the emission of an air contaminant which causes careful planning and design and if a bypass of control detriment to health, safety, or welfare of any person.i....21 equipment occurs, that such bypass is necessary to prevent cause damage to property or business. loss of life, personal injury, or severe property damage. (2) Excess emissions due to scheduled maintenance shall AMENDATORY SECTION be considered unavoidable if the source reports as required under subsection (a) of this section and could not have been SECTION 9.1((~))3 EMISSION OF ((FORMALDE avoided through better design, scheduling for maintenance or H¥DE)) TOXIC A:iR POLLUTANTS through better operation and maintenance practices. (a) Sources installed after June 18, 1991, shall meet the (3) Excess emissions due to upsets shall be considered requirements of WAC 173-460, New Sources of Toxic Air unavoidable provided the source reports as required under Pollutants. For sources installed after June 18, 1991, "Toxic subsection (c) of this section and demonstrates to the air pollutant (TAP)" means any Class A or Class B toxic air satisfaction of the Authority that: pollutant listed in WAC 173-460-150 and/or 173-460-160. (i) The event was not caused by poor or inadequate The term toxic air pollutant may include particulate matter design, operation, maintenance, or any other reasonably and volatile organic compounds if an individual substance or preventable condition; a group of substances within either of these classes is listed (ii) The event was not of a recurring pattern indicative in WAC 173-460-150 and/or 173-460-160. The term toxic of inadequate design, operation or maintenance; and air pollutant does not include particulate matter and volatile (iii) The operator took immediate and appropriate organic compounds as generic classes of compounds. corrective action in a manner consistent with good air ill No person shall cause or allow the emission of pollution control practice for minimizing emissions during formaldehyde into the ambient air beyond such person's and after the event, including slowing or shutting down the property line which will result in a concentration exceeding emission unit as necessary to minimize emissions, when the .05 ppm (parts per million) 1 hour average or 61 micrograms operator knew or should have known that an emission per cubic meter I hour average ((ef the air, eerreeted te 25 standard or permit condition was being exceeded. degrees eeRtigrade aRd 760 mm Hg)). Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the AMENDATORYSECTION requirements of RCW 34.08.040. SECTION 9.15 REPORTING OF ((BREAKDOWN: AMENDATORY SECTION OR, OTHER CAUSE OF FiYUJRE OF COMPLIA:NCE WITH THE REGULATION)) EXCESS EMISSIONS SECTION 9.16 CONTROL EQUIPMENT - MAINTE- (((a) The fellewiRg shall be Feflerled te the Atttherity NANCE AND REPAIR withiR tweRt)' fettr (24) hettrs after eeettrreRee:)) All ((registerea)) air contaminant sources are required to (a) Excess emissions shall be reported to the Authority keep any process and/or air pollution control equipment in as soon as possible and within 24 hours unless the Authority good operating condition and repair. has established alternative reporting timeliness requirements for the source. Upon request by the Control Officer, the NEW SECTION owner(s) or operator(s) of the source(s) shall submit a full written report including the known causes, the corrective SECTION 9.17 BURNING USED OIL IN LAND actions taken, and the preventative measures to be taken to BASED FACILITIES (RCW 70.94.610) minimize or eliminate the chance of recurrence. (b) The owner or operator of a source shall have the (a) Except as provided in subsection (b) of this section, burden of proving to the Authority that excess emissions a person may not burn used oil as fuel in a land-based were unavoidable. facility or in state waters unless the used oil meets the following standards: (((1) URaYeidaele, ttRfereseeaele Hflset eeRditieRs aRdler (i) Cadmium: 2 ppm maximum ereak dewR ef eEJttiflmeRt ef eeRtrel llflflarattts, aRy ef vihieh relate te the eeRtrel ef emissieR settrees.)) (ii) Chromium: 10 ppm maximum (iii) Lead: 100 ppm maximum ( ( (2) AR}' eeettrreRee ef ftR efleR fire ef waste materials withettt aR Olymflie Air PelltttieR CeRtrel Atttherity flefffiit.)) (iv) Arsenic: 5 ppm maximum (v) Total halogens: 1000 ppm maximum ( ( (13) The flerseR reSfl0Rsiele shall tal<e immediate aetieR te eeFFeet the flFeelem aRd shall, tlfl0R the reEJttest ef the (vi) Polychlorinated biphenyls: 2 ppm maximum (vii) Ash: .I percent maximum CeRtrel Offieer, make a eemfllete refJeft etttliRiRg the eattses ftRd the flFeveRtive meftSHFeS l0 Se takeR te miRimi2le er (viii) Sulfur: 1.0 percent maximum preYeRt reettffeRee.)) (ix) Flash point: 100 degrees Fahrenheit minimum. (c) The following scenarios of excess emissions shall be (b) This section shall not apply to: considered unavoidable: (i) Used oil burned in space heaters if the space heater (I) Excess emissions due to startup or shutdown has a maximum heat output of not greater than 0.5 million conditions shall be considered unavoidable provided the btu' s per hour or used oil burned in facilities permitted by the Authority; or source reports as required under subsection (a) of this section Permanent [ 18] Washington State Register, Issue 93-21 WSR 93-19-106 (ii) ocean going vessels. s1 1lft tr dioxide at lift)' emissioR poiRt iR Revdy iRstalled (c) This section shall not apply to persons in the so1 1rees aRd all so1 1rees after Jtily 1, 1975, shall Rot eoRsti business of collecting used oil from residences when under t1 1te a 't'iolatioR of SeetioA 9.19(8) of this Reg1 1latioR, authorization by a city, county, or the utilities and transporta- proYided s1 1eh eFRissioR will Rot ea1 1se gro1tRd le,,·el eoReeR tion commission. tratiOR OR aejaeeftt flFOpeFt)' to exeeed the Yftlt:teS iRdieated iR Test procedures for determining compliance for the SeetioR 9. l 9(a) of this Reg1:1latioH, aRd, that there is He above specifications shall be approved by the Authority. feasible fflethod of reE11:1ei Rg the eFRissioR eoReeRtratioR ft tFther. IA this ease, the CoRtrol Offieer shall reEJt tire the Reviser's note: The unnecessary underscoring in the above section iRstallatioA, operatioR, ttRd FRaiRteRaRee of HO ftlore theft occurred in the copy filed by the agency and appears in the Register three (3) eeHtiH1 101 1s eFRbieftt air moRitoriRg statioRs at pursuant to the requirements of RCW 34.08.040. loeatioRs approi,·ed B)' the CoHtrol Offieer. EE)t tipFReRt 1 1sed REPEALED SECTION for air FRoAitoriHg shall reEJttire the appro•,·al of the CoRtrol Offieer. ((SECTION 9.19 EMISSION OF SULFUR COM The et trdeR of proof that s1 1eh eFRissiORS will Rot ea1 1se POUNDS gro1:1Hd level eoHeeRtretioHs OR aEljeeeRt property to eJteeed the val1:1es iRdieated iR SeetioR 9.19(a) aRd that there is RO (a) No I=JersoH shall ea1:1se or allow the efflissioR of feasible method of red1:1eiHg the efflissioRs eoReeHtretioH s1 1lft tr dioxide frnm aRy I=Jreftlises whieh 'tYill res1 1lt iR further is with the perseft respoRsible for s1:1eh eFRissioRs. eoReeRtratioRs aRd fref}t teReies at gret tRd le,•el that exeeed (d) All eeHeeRtratioRs of sttlfur dioRide referred to these shewR iR the fellewiRg table:- aeo,,·e are by vol1 1FRe, dry, eHd for eoFRe1 1stioR efflissioRs, the TABLE 5 exha1 1st gas volt tFRe shall be eerreeted to 7% OJt)·geH.)) MAXIMUM ALLOWABLE SULPlJR DIOXIDE AMENDATORY SECTION GROUND LEVEL CONCENTRATIO~lS CeHeeHtrltlieH" A, eregiHg Ti111e FreqtteHe} ef OeettrreHee SECTION 9.23 EMISSIONS OF AIR CONTAMINANT OR WATER VAPOR: DETRIMENT TO PERSONS Q.4Q flfllll I lle11r Q.2S flfllll I llettr T 11 iee iH ftft} AND/OR PROPERTY eeasee11ti'le 7 9eys ((fat)) No person shall cause or allow the emission of an Q.IQ flfllll 2~ lle11rs 0Hee fleF }eftf Q.Q2 flfllll I ¥e8F AHattel ,<\fitlt111etie air contaminant or water vapor, including an air contaminant whose emission is not otherwise prohibited by this Regula- * fleRS flCF 111illieH B} 1el11111e tion, if the air contaminant or water vapor causes detriment to the health, safety, or welfare of any person, or causes EfflissioR eJteeediRg the limits established iR this damage to property or business. s1 1bseetioR (a) shall Rot e0Rstit1 1te a YiolatioR of SeetioR 9.19 of this Reg1 1latioR I=Jrevided s1 1eh eFRissioHs, from the AMENDATORY SECTION efflissioR poiRt to the poiRt of aRy s1:1eh eeReeRtratioR, are oR property eoRtrelled by the persoR respoRsible fer s1:1eh SECTION 10.01 EMISSION AND OPERATING STAN- emissioRs. DARDS (b) No persoR shall ea1:1se or alle·..,. the emissioR of air eoRtaffliRaRt if the air eoRtaffliRaRt, as FReas1:1red iR the staek, All waste-wood burners within the jurisdiction of this eoRtaiRs oxidized s1 1lft tr eoFRpot tRds, eale1tlated as s1 1lft tr Authority are required to meet the following: dioxide, of FRore thaR 1,500 parts fJer millioR. For the (a) Definitions: fll lrpose of this seetieR, all gaseo1ts s1 1lft tr eofflfJOt tRds (I) Wigwam Burner - A simple structure consisting of eoRtaiRiRg OJt)'geR shall be deeftled to be preseRt as s1:1lfur nothing more than a sheet metal shell supported by structural diOJtide. steel members in a conical shape. Usually the base diame- lewly iRstalled so1 1rees of s1 1lfor eofflpo1 1Rds aRd all ter is approximately equal to its height and the outlet so1 1rees after J11ly I, 1975 shall Rot ea1 1se or allow efflissioR diameter is approximately one-third of its base diameter. of air eoRtaFRiRaRt if the air eoRteFRiRaRt, as ffleas11red iR the They have limited control of primary air. The metal shell is staek, eoRtaiRs oxidized s1 1lft tr eoFRI=Jot tRds, eale1 1lated as cooled by peripheral air which flows upward and over the s1:1lfur dioxide, of fflore thaR 1,000 parts per millioR. Fer the inside surface. fll IFpose of this seetioR, all gaseo1 1s s1 1lft tr eoFRflot tRds (2) Silo Burner - Burner consists of cylindrical chamber eoRtaiRiRg oJt)'geH shall be deeffted te be preseRt as s1 1lft tr constructed of high duty refractory material. Air is supplied dioxide. by mechanically powered underfire and overfire air. Tests for EleterffliRiRg eoFRI=JlieRee with SeetioR 9. l 9(b) (b) Visible Emissions: of this Reg1:1latioR shall be eased 9R iRtegrated saFRI=Jles (1) Wigwam Burner - No person shall cause or allow eolleeted oYer a fJeriod of Rot less thaR fifteeR ( 15) e0Rsee1:1 the emission to the outdoor atmosphere for more than fifteen tive ffliR1 1tes or RiRet)' fJereeRt (90%) of the tiftle of aet1 1al (15) minutes in any consecutive eight (8) hours of any so1:1ree operetioR, whichever is less. contaminant greater than 20% opacity. EftlissioRs of s1 1lf1 1r e9HlflOl IRds eale1 1leted to be iR (2) Other Burners (Including silo burners) - No person eKeess of 1,500 perts per ftlillioR of s1:1lfur dioxide at aRy shall cause or permit the emission for more than three (3) eff!issioR peiRt, or iR exeess of 1,000 parts per fflillioR of minutes, in any one hour, of an air contaminant which exceeds 20% opacity. [ 19] Permanent WSR 93-19-106 Washington State Register, Issue 93-21 ( c) Particulate: 12.03 are Ret aflfllieaele te ;·essels iR f1ert aRd rail·,.,.ay (I) No person shall cause or allow the emission of leeeff!eti Yes.)) particulate matter to the outdoor atmosphere from any single source in excess of 0.10 grains per standard cubic foot of ((SECTION U.01 VISIBLE EMISSIONS IN AND gas (calculated to ((12% e8feeR diexide)) 7% oxygen), as FROM EQUIPMENT SOLD OR REGISTERED BE FORE JANU!.RY 1, 1971)) when by a source test approved by the Authority. (2) No person shall cause or permit the emission of ((Ne f1erseR shall ea1:1se er allew eff!issieR te the particulate matter from a waste-wood burner which then atffi0Sf1here freff! a H10t0r vehiele first said er registered as becomes deposited beyond the property directly controlled a Rew ffl0t0r ;•ehiele eefere JaRl:l81)' 1, 1971, at ele¥atieRS ef by the owner or operator of the waste-wood burner in less thaR 3,000 feet fer a f1eried ef fflere thaR 10 seeeRds, ef sufficient quantity to interfere unreasonably with using and air eeRtaffliRaRts ·.vhieh is greater thaR 40% 0f1aeity)). enjoying the property where the material was deposited. ((SECTION 12.03 VISIBLE EMISSIONS IN !.ND (d) Construction and Operation Standards: FROM EQUIPMENT SOLD OR REGISTERED AFTER (1) All new sources or major modifications of existing JANUARY 1, 1971)) sources shall use Best Available Control Technology (BACT). After notice from the Authority, one or more of ((Ne f1erseR shall ea1:1se er allev« efflissieR te the the following items of equipment shall be installed and atffi0Sflhere freff! a ff!eter ;•ehiele first said er registered as corrective measures shall be taken until compliance with a Rew H10t0r vehiele eR er after JaR1:1tlf)' I , 1971, at ele;•a Regulation 1 is attained: tieRs ef less thaR 3,000 feet fer a f1eried ef ff!ere thaR 10 (i) Refractory lining with the top of the chamber a seeeRds, ef air eeRtaffliRaRts Vlhieh is greater thaR 20% smaller diameter than the base. 0f1aeity.)) (ii) Mechanically-powered overfire and underfire ((SECTION 12.06 FUGITIVE PARTICULATE M1\TE combustion air system. JYAb)) (iii) Elimination of all unnecessary openings. (iv) A controlled and metered solids-feeding system. ((Ne fleFSeR shall ea1:1se er allew the eff!issieR ef (v) Other modification determined necessary by the f1artie1 1late ff!atter freffl a ffleter Yehiele ef s1 1eh siz;e aRd Authority. Rat1 1re as ta ee Yisiele iR s1 1fHeieRt H1 1H1eer ta ea1 1se tlRR0)' aRee te aRy ether verseR. This restrietieR shall af1flly eRly AMENDATORY SECTION if s1 1eh f1artie1 1late ff!atter falls eR real er f1ers0Ral f1ref1erty ether thaR that ef the f1erseR resf10Rsiele fer the eH1issi0Rs. SECTION 10.03 EXCEPTIONS: This tlflfllies ta the fellewiRg:)) (((a) WheR haRdliRg, traRSf30FtiRg er steriRg vartie1:1late ((W)) Abnormal Conditions and Equipment Malfunc- ffiaterial.)) tion: (((b) WheR eeRstr1:1etiRg, alteriRg er revairiRg a read.)) Emissions in excess of established regulation limits as (Per the f11 1Ff10Se ef this s1 1bseetieR, fl lgiti'.•e f381'tie1 1late a direct result of equipment malfunction or breakdown, or to ffieaRs f1artie1:1Iate ff!aterial whieh is beiRg efflitted te the abnormal conditions beyond the control of the person or firm ef1eR air freffi veiRts ether thaR aR efleRiRg desigRed fer owning or operating such equipment shall not be deemed in effiissieRs s1 1eh as a sH1el1 estaek, veRt er eJtha1 1st f1if1e.)) violation of such regulations, if the Authority is advised of the circumstances of such malfunction within 24 hours and ((SECTION 12.07 OTHER SECTIONS NOT APPLICA a corrective program is outlined which is acceptable to the BLE)) Authority. ((This seetieR is a Sfleeifie f1Feeess efflissieR restrietieR aRd if aR)' vertieR hereiR eeRfliets ·,yith tlR)' ether seetieR er AMENDATORY SECTION f10rtieR thereef, er ether reg1 1lati0Rs ef this A1 1therity, the f1reYisieRs hereiR shall tlflflly.)) SECTION 10.05 PROHIBITED MATERIALS Asphaltic materials, plastics, rubber products, dead AMENDATORY SECTION animals, petroleum products, paints, paper (other than what is necessary to start a fire), cardboard, treated wood, pro- SECTION 13.02 RECORD KEEPING AND REPORT- cessed wood, construction debris, metal, sanitary garbage, or ING materials which cause dense smoke or obnoxious odors shall (a) The owner or operator of any stationary source in not be burned or disposed of in waste-wood burners. the geographical area of the Authority shall, upon notifica- tion by the Control Officer of the Olympic Air Pollution REPEALED Control Authority, maintain records of the nature and amounts of emissions from such source and/or provide other ((l..RTICLE 12)) information deemed necessary by the Control Officer to ((ST!.NDARDS FOR MOTOR VEHICLES)) determine whether such source is in compliance with the ((All lieeRsed aRd 1:1RlieeRsed ffleter Yehieles .,.,.ithiR the applicable emission limitations and other control measures. j1 1risdietieR ef this A1 1therity are reEJ1 1ired te ff!eet the (b) The information pursuant to subsection (a) hereof fellewiRg staRdards, exeef1t that the f1revisieRs ef 12.01 aRd shall be reported to the Control Officer on forms supplied by the Olympic Air Pollution Control Authority. Such reports Permanent [ 20 l Washington State Register, Issue 93-21 WSR 93-19-106 shall be filed {(seffli aRR1 1ally d1 1riHg JaH1 1ary aRd J1 1ly of ASBESTOS CONTAINING ((WASTE)) MATERI- eaeh year, or)) at such ((ether)) times as the Control Officer AL((S)) means any ((~)) material ((that)) contain((5-))i!!g shall direct. at least one percent (l % ) asbestos as determined by polar- ized light microscopy using the Interim Method of the REPEALED Determination of Asbestos in Bulk Samples contained in Appendix A of Subpart F in 40 CFR Part 763. ((This teffil ((SECTION 13.QS PUBLIC INFORMATION)) iRel1 1des aseestos waste freffl eeHtrol deYiees, eoHtaffliRated othiRg, ftSBeStOS "NHSte fflateria), fflateria) l ISed to eHe)ose ((a) EfflissioR data oetaiRed B)' the A1 1thority to the the work area d1 1riRg aR aseestos vrojeet, aRd sags er vreeediRg seetioH or otherwise oetaiRed ey the A1 1thority, eoRtaiRers that f3FeYiot1sly eoRtaiRed aseestos.)) This term will Be eorre)ated with HflfllieaBJe eFHiSSiOR lifflitatiORS HRd does not include asbestos-containing roofing material, other eeRtro) ff1eas1 1res aHd will Be avaiJaBJe to the p1 1eJie regardless of asbestos content, when the following conditions d1 1riRg ROffilal BHSiRess ho1 1rs at the A1 1thorit;y.)) are met: ( l) The asbestos-containing roofing material is in good AMENDATORY SECTION condition and is not peeling, cracking, or crumbling; and (2) The binder is petroleum based, the asbestos fibers SECTION 14.01 REMOVAL AND ENCAPSULATION are suspended in that base, and the individual fibers are still OF ASBESTOS MATERIAL PURPOSE encapsulated; and The Board of Directors of the Olympic Air Pollution (3) The binder still exhibits enough plasticity to prevent Control Authority ((reeogHize that aseestes is a serio1 1s the release of asbestos fibers in the process of removing it; health hazard. AH)' aseestos fieers released iHtO the air eaH and Be iRha)ed aHd ea1 1se )1 1Rg eaReer, pJe1 1ra) ffleSotheJioffla, ( 4) The building, vessel, or structure containing the f3eFitOHea) fflesothe)iOfflft, Of aseestosis)) has found that the asbestos-containing roofing material will not be demolished use, production, and emission of air contaminants into the by burning or mechanical renovation/demolition methods that atmosphere in the OAPCA region poses a threat to the may release asbestos fibers. public health, safety, and welfare of the citizens of the ASBESTOS-CONTAINING WASTE MATERIAL region and causes degradation of the environment. ((+He)) means any waste ((FHaterial)) that contain((ffig))§. ((~ Therefore the Board ((~)), ((therefore, deteffiliHed that HH:'.1' oRe vereeRt (1%))) asbestos-containing material, ((B '.1' weight, aseestos efflitted to the affleieHt air is air poll1 1tioH)) in order tJR)ess it eaH ee deFHORStrated that the FHateriaJ does ROt to control the emission of toxic air pollutants and to provide release aseestes fieers wheH er1 1FRele, f3t1lverized or ether for uniform enforcement of air pollution control in its wise dist1 1reed)). This term includes asbestos waste from jurisdiction and to carry out the mandates and purposes of control equipment, materials used to enclose the work area the Washington Clean Air Act, the Federal Clean Air Act, during an asbestos project, asbestos-containing material(s) and the National Emission Standards for Hazardous Air collected for disposal, or asbestos-contaminated waste, Pollutants (NESHAPS) (40 CFR Part 61), declares the debris, containers, bags, protective clothing, or HEPA filters. necessity of the adoption of this section pertaining to air This term does not include samples of asbestos-containing contaminants. ((Beea1 1se of the serio1 1sHess of the health material taken for testing or enforcement actions. hazard, the Board has adovted this regHlatioR to eoRtrol ASBESTOS ENCAPSULATION means the application aseestos effliSSiOHS frOffl aseestos FefflO'!'a) aRd eRe8f3Sl l)atiOR of an encapsulant to the asbestos materials to control the flFOjeets iR order to vroteet the fll IBlie health. IH additioH, the release of asbestos fibers into the air. ((For the f31 1rf3ose of Board has adovted these reg1 1lati0Rs to eoordiHate with the this reg1 1lati0H, eReavst1latioR iRel1 1des eReles1 1re)) EPA aseestos NESHAP, the OSHA aseestos regHlatioH, the ASBESTOS PROJECT means the construction, demoli- WashiHgtoR DevartffleRt of Laeor aHd IHd1 1stries aseestos tion, repair, remodeling, maintenance, or renovation of any reg1 1lati0Rs, the WashiHgtoR DevartffleHt of Eeology DaHger public or private building(s), vessel, structure(s), or compo- 01 1s Waste reg1 1latioR, aHd the solid waste regHlatioHs of nent(s) involving the demolition, removal, encapsulation, Paeifie, ClallaFH, JeffersoR, MasoH, Grays Hareor, aRd salvage, disposal, or disturbance of any asbestos-containing Th1 1rstoR ee1 1Hties.)) material. This term includes the removal and disposal of asbestos-containing waste material from manufacturing AMENDATORY SECTION operations that combine asbestos-containing material with any other material(s) to produce a product and the removal SECTION 14.03 DEFINITIONS and disposal of stored asbestos-containing material or asbestos-containing waste material. It does not include the When used in this Article the following definitions shall application of duct tape, re-wettable glass cloth, canvas, apply: cement, paint, or other nonasbestos materials to seal or fill ADEQUATELY WET((-TEI})) means sufficiently exposed areas where asbestos fibers may be released. mixed, saturated, penetrated, or coated with a continuous fine ((ASBESTOS REMOVAL ffleaRs to take et1t aseestos mist of water or an aqueous solution to prevent visible fflaterials froFR aRy faeility aHd iHel1 1des the strivpiHg of HR)' emissions. aseestes fflaterials freFR the s1 1rfaee ef er eOfflflOReRts of a ASBESTOS means the asbestiform varieties of faeility.)) serpentinite (chrysotile), riebeckite (crocidolite), ASBESTOS SURVEY means an inspection using the cummingtonite-grunerite (amosite), anthophyllite, and procedures contained in 40 CFR 763.86, or an alternate actinolite-tremolite. method that has received prior written approval from the [ 21] Permanent WSR 93-19-106 Washington State Register, Issue 93-21 Control Officer, to determine whether materials or structures ( FACILITY COMPO~ i E NT ffleaAs aAy eqttipffleAt at or to be worked on, removed, or demolished, contain asbestos. iR a faeility er ftR)' strttet1:1ral ffleffleer of a fueilit)·.)) In residential dwellings, asbestos samples may be taken by FUGITIVE SOURCE means any sources of emissions the resident owner of the dwelling. not controlled by an air pollution control device. CERTIFIED ASBESTOS WORKER/SUPERVISOR HEPA FILTER means a high efficiency particulate air means a person who is certified as required by the Washing- filter found in respirators and vacuum systems capable of ton State Department of Labor and Industries under WAC filtering 0.3 micro((it))meter mean aerodynamic diameter 296-65-010, 012, and 030 to undertake an asbestos project particles with 99.97% ((pereettt-)) efficiency. or, for federal employees working in a federal facility, LEAK TIGHT CONTAINER means a dust-tight trained in an equally effective program approved by the container, at least 6-mil thick, that encloses the asbestos- United States Environmental Protection Agency. containing waste material and prevents solids or liquids from COLLECTED FOR DISPOSAL means sealed in a leak- escaping or spilling out. Such containers may include sealed tight, labeled container while adequately wet. plastic bags, metal or fiber drums, and polyethylene plastic. COMPONENT means any equipment, pipe, structural LOCAL EXHAUST VENTILATION AND COLLEC- member, or other item covered, coated, or manufactured TION SYSTEM means a system ((whieh ffleets the reg1:1la from asbestos-containing material. ~)as described in Appendix J of EPA 560/565-024 CONTROLLED AREA means an area to which only (Guidance for Controlling Asbestos-Containing Materials in certified asbestos workers, or other persons authorized by the Buildings). Washington Industrial Safety and Health Act, have access. OWNER OR OPERA TOR means any person who owns, ((IR the ease ef a AeRfflttltiple ttRit private dwelliAg hettsiAg leases, operates, controls, or is responsible for activities at an twe fufflilies er less, the eoAtrelled area is the iAterier ef the asbestos project site, or an asbestos project operation, or dwelliAg)). For residential dwellings, the controlled area is both. the interior of the dwelling, garage, or fenced area that is ((REPAIR ffleaAs the restoratieR ef aseestos fflaterial secured, and warning signs posted accordingly. that has eeeR dafflaged. Repair eeAsists ef the applieatieR of DEMOLITION means the wrecking, dismantling, d1:1et tape, re ·uettaele glass eloth, eaA"t"as, eeffleAt er ether removal of any load-supporting structural member on, or s1:1itaele fflaterial to seal eJlposed areas vf'here aseestos fieers burning of, any building, vessel, structure, or portion thereof. FAay ee released. It FAay also iR"t'el\'e filliAg daFAaged areas For residential dwellings, a demolition means the wrecking, with AeAaseestos s1 1estit1 1tes aAd re eAeapsttlatiAg or paiAtiAg dismantling, or removal of any load-bearing structural preYiettsly eAeaps1:1lated FRaterials. Repair of aseestos member by the use of heavy equipment (such as a backhoe) FAaterials is Rot eevered ey this reg1:1latioA.)) or the burning of the building thereby rendering as perma- RESIDENTIAL DWELLING means any nonmultiple nently uninhabitable, that portion of the building being unit building containing space for uses such as living, demolished. sleeping, preparation of food, and eating that is owned, used, EMERGENCY ((REMOVAL)) RENOVATION OPER- occupied, or intended or designed to be occupied by one ATION means ((aA aseestes reffle.,·al operatioA that vt'as Rot family as their domicile. This term includes houses, mobile plaRRed ettt resttlts froffl ft sttddeR, HReltpeeted eveRt. This homes, trailers houseboats, and houses with a "mother-in-law terffl iAelttdes reffle,•al Of:!eratioAs Aeeessitated B)' failttres of apartment" or "guest room". This term does not include eqttipffleRt, ideAtifieatieR Of additiORai aseeStOS fflaterial structures that are demolished or renovated as part of a dttfiRg the eettrse of ft Feffle\\u2022ai er FefflOYal Aeeessary te aeate commercial or public project. Nor does this term include aA ifflffliAeAt health hai!:ard.)) a renovation operation that was any mixed-use building, structure, or installation that not planned but results from a sudden, unexpected event that, contains a residential unit, or any building that is leased or if not immediately attended to, presents a safety or public used as a rental. health hazard, is necessary to protect equipment from (STRUCTURAL M-BMBE R ffleaAs ftR)' load s1 1ppertiAg damage, or is necessary to avoid imposing an unreasonable FAeffleer of a faeility, s1 1eh as eeaFAs aAd lead s1 1ppertiAg financial burden. This term includes operations necessitated walls; or aAy AeAload s1:1pportiAg ffleffieer, stteh as eeiliAg by nonroutine failures of equipment. aAd HOAiead sttpportiAg walls.)) ((E:~lCAPSULA~lT is a eefflpottAd whieh ereates a VISIBLE ASBESTOS EMISSIONS means any ((erttts- ffleffleraAe eYer a sttrfaee (eridgiAg eAeapsttlaAt) er peAe ~)) asbestos containing materials that ((~)) ~ visually trateS the fflateria;i ftRd BiRdS its eofflpOReRtS tegether detectable without the aid of instruments. This term does (peAetrati Ag eAeapsttlaAt) .) ) not include condensed uncombined water vapor. FACILITY means any institutional, commercial, public, WASTE GENERA TOR means any owner or operator industrial, or residential structure, installation, ((·,.essel er)) of a source whose act or process produces asbestos-contain- building, (including any building containing condominiums ing waste material. or individual dwelling units operated as a residential cooper- WASTE SHIPMENT RECORD means the shipping ative) any vessel; ship; and any active or inactive waste document required to be originated an signed by the owner disposal site. For purposes of this definition, any building, or operator, used to track and substantiate the disposition of structure, or installation that contains a loft used as a asbestos containing waste material. dwelling, is not considered a residential structure, installa- WORKING DAY means Monday through Friday and tion, or building. Any structure, installation or building that includes holidays that fall on any of the days Monday was previously subject to this subpart is not excluded, through Friday. regardless of its current use of function. Permanent [ 22 J Washington State Register, Issue 93-21 WSR 93-19-106 Reviser's note: The typographical error in the above section occurred Any application required by Section 14.0S(a) shaJI be in the copy filed by the agency and appears in the Register pursuant to the considered incomplete until all the information required by requirements of RCW 34.08.040. Section 14.05(a) is received by the Control Officer and AMENDATORY SECTION accompanied by the appropriate, nonrefundable fee. The advance notification period and appropriate fee shall be SECTION 14.05 NOTIFICATION REQUIREMENT determined by the following table 14.1: AND FEES (a) Application Requirements - Applicability It shall be unlawful for any person to cause or allow work on an ((the reffie•,·al er eHeaf!St1latieH ef)) asbestos project or demolition ((1Haterials)) unless the owner or ((~)) operator ((eeHdt1etiRg aR aseestes re1He·1al er eReaf!St1latieR BfleratieH)) has ((filed with)) obtained written approval from the Control Officer ((writteR Retiee ef iHteRtieH te relfte¥e er eReaf!st1late aseestes.)) as follows: (l) A written "Application to Perform an Asbestos Project" or an "Application to Perform a Demolition" shall be submitted on Agency-provided forms by the owner or operator for approval by the Control Officer before any work on an asbestos project or demolition begins. It shaJI be unlawful for any person to cause or allow any false or misrepresenting information on either form. (2) The written application shall be accompanied by the appropriate application fee and a certification that an asbestos survey has been conducted. (3) The written application for a demolition shall also include a certification that there is no known asbestos- containing material remaining in the area of the demolition. (4) The duration of an asbestos project or demolition shall not exceed one ( 1) year beyond the original starting date and shaJI have a starting and completion date that is commensurate with the amount of work involved. (5) A copy of the approved application and asbestos survey shall be available for inspection at the asbestos project or demolition site. (6) Upon completion of an asbestos project or a demoli- tion, a written "Notice of Completion" shall be filed with the Control Officer. (7) Submission of an "Application to Perform an Asbestos Project" shaJI be prima facie evidence that the asbestos project involves asbestos-containing material. (8) Application for multiple asbestos projects may be filed on one form, if the following criteria are met: (A) The work wilJ be performed continuously by the same contractor; and (B) The structures are in a contiguous group and all have the same original post office box or mailing address; and - (C) The asbestos project specifications regarding location and dates are provided in detail; and (D) AU asbestos projects are bid as a group under the same contract. ( ((e) If the affi8t1Rt ef aseestes ffiateria) te Be Feffi8Yed frem a faeility is at least SQ liHear ffieters (26Q liHear feet) eR flifleS er at least 15 sqt1are meters (l 6Q sqt1are feet), BR ether faeility eeFRflBReRts the Retiee reqttired by seetieR 14 .Q7 shall be reeei·1ed ey the CeRtrel Offieer at least IO days befere Felft8''a) begiRS, aee8FRflElHied e~· a $25Q flBtifi eatieR fee.)) (b) Application Requirements - Advance Notification Period and Fee. [ 23] Permanent WSR 93-19-106 Washington State Register, Issue 93-21 TABLE 14.1: ASBESTOS Advanced Application Forms Required Notification Fee Period Demolition All 10 Working days $ 25.00 l)Application to perform a demolition 2)Certification that no known asbestos is present Asbestos Residential Prior $ 25.00 Application to Project Notification perform an asbestos Required project owner - living in home Asbestos <10 linear ft. Prior $ 25.00 Application to Project <11 square ft Notification perform an asbestos Required project Asbestos 10-259 linear ft 10 working days $ 100.00 Application to Project 11-159 square ft perform an asbestos project Asbestos 260-999 linear ft 10 working days $ 250.00 Application to Project 160-4,999 square perform an asbestos .. ft project Asbestos 1,000-9,999 10 working days $ 500.00 Application to Project linear ft perform an asbestos 5,000-49,999 sq project ft Asbestos 10,000+ linear ft 10 working days $1,000.00 Application to Project 50,000+ sqare ft perform an asbestos project Annual Prior $ 500.00 Application to Asbestos notification perform annually Project required Amendments All projects Prior $ 25.00 Amended copy of Notification (3rd approved application Required amendment & after) Emergency All projects that Prior $. 50.00 Emergency Waiver normally require Notification Plus Normal Request Letter a 10 working day Required Notification submitted by property notification fee owner period (((e) If the llfft0l:IRt ef as'eestes lftateFial te 'ee relfteYecl each calendar year for the purpose of scheduled maintenance frelft a faeility is less thaR 80 liRe8f lfteteFs (260 liReBF feet) or emergency repairs. The requirements of Sections 14.05 eR (li(les eF 15 SEJl laFe FReters ( 160 SEJ1 1are feet) eR ether (a)(l) through 14.05 (a)(4), 14.05 (a)(6), and 14.05(b) shall faeility eelftf10ReRts, the Retiee FeEJ1:1irecl 'ey seetieR 14 .07 · not apply to asbestos projects undertaken during the calendar shall 'ee reeei·1ecl 'ey the CeRtrel OffieeF at least IO clays year at the applicable facility if all of the following condi- f!Aer te the Felfte't'al er eRe8f1s1:1latieR aee0FR13aRiecl 'ey a $100 tions are met: RetifieatieR fee.)) (1) Annual Application - Restrictions. (c) Annual Applications. (A) The annual written application shall be filed for In addition to the application requirements of Sections approval by the Control Officer before commencing work on 14.05(a) and 14.05(b), the owner or operator of a facility any asbestos project to be specified in an annual application. may file for approval by the Control Officer an annual (B) The total amount of asbestos-containing material for written application to conduct asbestos projects on one or all asbestos projects from each structure, vessel, or building more buildings, vessels, or structures at the facility during in a calendar year under this section shall be limited to less Permanent [ 24] Washington State Register, Issue 93-21 WSR 93-19-106 than 260 linear feet on pipes and 160 square feet on other (2) The asbestos project or demolition starting or components. completion date, provided that the total duration of the work (C) The application requirements of Sections 14.05(a) does not exceed one ( 1) calendar year beyond the original and 14.05(b) shall apply to any asbestos project involving at starting date. The commencement date of the original least 260 linear feet on pipes or 160 square feet on other advance notification period shall apply with no additional components for each building, vessel, or structure at the waiting period required for amended applications filed in facility, including residential dwellings. accordance with Section 14.05(d) and approved by the (D) A copy of the written annual application shall be Control Officer. If an amended application results in a job available for inspection at the property owner's or operator's size category that requires a waiting period as specified in office until the end of the calendar year. Section 14.05(b) and the original application did not require (E) Asbestos-containing waste material generated from a waiting period, the advance notification period shall asbestos projects filed under an annual application may be commence on the approval date of the original application; stored for disposal at the facility if all of the following (3) Name, mailing address, and telephone number of the conditions are met: owner or operator of the asbestos project site or operation; (i) All asbestos-containing waste material shall be (4) Waste disposal site, provided the revised waste treated in accordance with Sections 14.11 (a)(l), 14.11 disposal site is operated in accordance with the provisions of (a)(2), 14.11 (a)(3); 40 CFR 61.154 or 61.155 and approved by the health (ii) Accumulated asbestos-containing waste material department with jurisdiction. collected during each calendar quarter shall be kept in a (5) Method of removal or compliance procedures, controlled storage area posted with one (1) or more asbestos provided the revised plan meets the asbestos emission warning signs and accessible only to authorized persons; and control and disposal requirements of Section 14.09 and (iii) All stored asbestos-containing waste material shall 14.11; be deposited at a waste disposal site within ninety (90) (6) Description, size (total square feet or number of calendar days after collection for disposal unless the asbes- floors), and approximate age of the building, vessel, or tos-containing waste material is handled as dangerous waste structure at the original address or location; and in accordance with WAC 173-303. The waste disposal site (7) Any other information requested by the Control shall be operated in accordance with the provisions of 40 Officer. CFR 61.154 or 61.155 and approved by the health depart- (((e) The Fef11:1ireffleHts of seetioH H.05 (e), (e), aHa (s) ment with jurisdiction. shall HOt apply to aseestos projeets l IHaertakeH e~· a SOl !Fee (2) Annual Application - Reporting Requirements and registerea 1 1Haer AFtiele 5 of this Reg1 1latioH or a sehool Fees. aistfiet iH its OWH faeility if all the followiHg eoHaitiOHS are --Annual written applications required by Section 14.05 fftet.:.)) (c)(l) shall be submitted by the facility owner or operator on (( (1) A v,·fitteH notiee of inteHtion te FefflO're or eHeaps1:1 forms provided by the Agency and filed for approval by the late aseestos as Fefj1 tirea l IHSeF SeetiOH 14.07 fflay ee Control Officer, accompanied by an annual fee of $500.00. s1:1efflittea for a ealenaar year. P.fotifieatioH shall ee reeeivea (3) Annual Application - Quarterly Reporting Require- ey the CoHtrol Offieer at least 20 says eefere the eegiHHiHg ments. of the ealeHaar year.)) ~ addition to the written annual application require- (((2) WritteH Hotiee shall ee aeeoH1paHiea ey a $500 ments of Section 14.05 (c)(2), the facility owner or operator ~)) shall submit quarterly written reports to the Control Officer ( ( (3) AHy ehaHge iH the iHfeffflatioH Fef11:tirea ey seetioH within fifteen (15) days after the end of each calendar 14 .07 shall refjl:liFe a Hew Hotifieation. AH aaaitioHal fee is quarter. Hot ref11:1irea.)) ({(a) If the afflOl:IHt Of aseesteS fflatefial to Se Feffl9Vea (((4) A f11:tarterly report shall ee reeei·,.ea ey the CoHtrol is less thaH 3 liHeaF ffleteFs (I 9 liHeaF feet) OH 13if:!es or eHe Offieer withiH 20 aays afteF the ens of eaeh ealeHaaF year Sf11 tare ffleter ( 11 Sf!l lare feet), eH ether faeility eofflpoHeHts fl Harter. The report shall iHel1 1ae )) Of if the f !Fojeet is aH aseestos eHeaps1 1latiOH, the HOtiee ((i) The statl IS of all aseestos pFo-jeets 1 1HaertakeH Fefjl:liFea ey seetiOH 14 .97 shall Se Feeeivea flFiOF to the s1 1FiHg the preYio1 1s fjl l8fteF, inel1 1sing the fellowiHg iHfefffla Feffl0'1'al Of eHeaps1 1latioH, aeeOfflf !aHiea ey a $25 fee.)) tioH for eaeh report:)) (d) Application Requirements - Amendments. (((A) LoeatioH of the pro-jeet.)) It shall be unlawful for any person to cause or allow (((B) Start:iHg f\HS eompletioH sates of the projeet.)) any deviation from information contained in a written ( ( (C) Q1:1aHtity of aseestos fflaterial refHO't'ea (iH ii Hear application unless an amended application has been received or Sf11:1are feet).)) and approved by the Control Officer. Amended application (((D) P.laffles of aseestos eoHtraetor er Haffles of so1:1ree required by this section shall be filed by the original appli- Of sehool sistfiet effiplO)'ees eOHSl letiHg the projeet (iHel1 1s cant, received by the Control Officer no later than the last ing aseestos eertifieate ftl:lffleer).)) filed completion date, and are limited to the following (((ii) The aseestos pFojeets aHtieipates to ee l:IHSertalEeH revisions: Sl IAHg the HeXt fj1 18fteF.)) ( 1) A change in the job size category because of (((5) The s1:1ffi total of all aseestos refflo;·als froffi eaeh additional asbestos-containing material. In this case, the fee str1 1et1 1re, iHstallatioH, ;·essel, er e1 1il0iHg iH a ealeHaar year shall be increased accordingly and the fee shall be equal to, is less thaH 80 liHear ffleters (269 linear feet) OH f:!ipes or 15 but not exceed, the fee amount provided for each size Sf!l lare metefs (160 stt1 tftfe feet) Oft ethef eompoHests.)) category specified in Section 14.05(b); [ 25 l Permanent WSR 93-19-106 Washington State Register, Issue 93-21 (e) Advance Notification Period - Exemptions (Erner- Deserif}tieR ef the faeility, iftel1 1cliftg the siz e, age ~ aHcl prier 1:1se ef the faeility. The Control Officer may waive the required ten (10) (3) Affiel:lftt ef as0estes material te be remeYecl er working day advance notification period in Section 14.05(b) eHeaps1:1latecl. for an asbestos project or demolition if the facility owner (4) LoeatieH ef the faeility. demonstrates to the Control Officer that there is an emergen- (5) Sehecl1:1lecl startiftg aRd eemf}letieft clates ef the cy as follows: asbestos remeval or efteaf}s1:1latieH. (1) Emergency Asbestos Project. The owner of a ~iat1 1re ef the reffiei,·al er efteaps1 1latieft aftcl methecls facility may submit a signed written request to waive the te be 1:1secl. required ten (I 0) working day advance notification period for Preeecl1 1res te 0e 1 1secl te eemfll)· ·uith Artiele 14 an asbestos project. The request shall be submitted for (8) Name Bftcl leeatieft ef the waste clisf}esal site where approval by the Control Officer and be accompanied by the asbestes waste material will 0e clepesitecl. required application and appropriate fee as required by (0) ARy ftetifieatieft FeEJ1:1irecl b)' Seetieft 14.05 (0), (e), Sections 14.05(a) and 14.05(b). Any request for approval of er (cl) shall 0e eeftsiclerecl ifteemplete 1:1fttil all the iftferma an emergency asbestos project shall include, at a minimum: tieft reeittirecl b)· Seetieft 14.07 is reeeh·ecl 0y the Cefttrel (A) The complete name, mailing address, and telephone Offieer aftcl aeeempaHiecl b)· the af}prepriate fee. number of the facility owner or operator, including the city, ( l) ARy ehaftge ift the iftferffiatieft reeittirecl by Seetieft zip code, and county; H.07 (a)(l), (3), er (4) shall ret)ttire a ftew ftetifieatieft aftcl (B) The complete street address or location of the .fee:- asbestos project site, including the city, zip code, and county; (2) AR)' ehaRge ift the iHfermatieft reeittirecl by SeetieH (C) A description of the sudden and unexpected event 14 .07 (a)(2), (5), (6), (7), (8), shall reei1:1ire aft ameHclecl including the date and hour that the emergency occurred; and Hetifieatieft. (D) An explanation of how the sudden and unexpected (3) The Cefttrel Offieer may waiYe the ftetifieatieH event has caused an emergency condition. 13eriecl ef teft (10) cla)·s eefttaiHecl iR 14.05(b) er 14.05(e) (2) Government Ordered Demolition. The owner of a basecl eft a shewiftg that the as0estes reme~·al is aft emergeH facility may submit a signed written request to waive the ey remeYal eperatieH.)) required ten (10) working day advance notification period for a demolition if the request is accompanied by a copy of an AMENDATORY SECTION order from a federal, state, or local government agency that requires demolition before the ten (10) working day advance SECTION 14.09 PROCEDURES FOR ASBESTOS notification period has elapsed. The request and copy of the EMISSION CONTROL order shall be submitted for approval by the Control Officer (a) Asbestos Project - Requirements. and be accompanied by the required applications and It shall be unlawful for any person to cause or allow appropriate fee as required by Sections 14.05(a) and ((af!y WreelciHg er clismaRtliftg that may 0reak l:lfl as0estes 14.05(b). Any request for approval of an emergency fftaterial 0efere remeviftg all as0estes materials frem 8 demolition shall include, at a minimum: faeility.)) work on an asbestos project unless an asbestos (A) The complete name, mailing address, and telephone survey has been conducted and the following procedures are number of the owner or operator of the facility and the employed: asbestos project, including the city, zip code, and county; (1) Any work on an asbestos project shall be performed (B) The complete street address or location of the by certified asbestos workers under the direct, on-site demolition site, including the city, zip code, and county; supervision of a certified asbestos supervisor. This require- (C) The name, title, and authority of the state or local ment shall not apply to certain limited asbestos projects government representative who has ordered the demolition; conducted in accordance with Section 14.09(b) for residential (D) The reason why the demolition was ordered; and dwellings. (E) The dates on which the order was received and the (2) All asbestos-containing material shall be kepi demolition was ordered to begin. adequately wet while being removed from any structure. (( (t) If the as0estes ffiaterial is te 0e reffievecl freffi er building, vessel, or component. eReaf!s1 1latecl iR a Reft ffil lltiple 1 1Rit private clwelliRg he1 1siRg (3) No visible emissions shall result from an asbestm twe faffiilies er less, the Retiee reEJ1:1irecl 0)' seetieR 14.07 project. shall 0e reeeivecl 0y the CeRtrel Offieer prier te prejeet (4) All asbestos-containing material that has beer eeffiffieReeffieRt. A $25 fee is reEJ1:1irecl.)) removed or may have fallen off components during the course of an asbestos project shall be: REPEALED (A) Kept adequately wet until collected for disposal; anc (B) Collected for disposal at the end of each workin! ((SECTION 14.07 WRITTEN NOTIFICATION day; and (a) \l/ritteft Retiees Fet)l:lirecl 0,· Seetieft 14 .05 shall 0e (C) Contained in a controlled area at all times unti s1 1bffiittecl eR ferffis pre·1iclecl by the A1 1therity aftcl shall transported to a waste disposal site; and iRel1:1cle the fellewiftg iftfeffftatieR: (D) Carefully lowered to the ground or a lower floor ( l) I>iaffie aftcl adclress ef s01:1ree ewfter aftcl JlerseR not dropped, thrown, slid, or otherwise handled in such l eeRcl1 1etiRg the as0estes reffieval er efteaf}s1 1latieft manner that may risk further damage to them; or Permanent [ 26] Washington State Register, Issue 93-21 WSR 93-19-106 (E) Transported to the ground via dust-tight chutes or 'ftftti)) to be equally effective in controlling asbestos emis- containers if they have been removed or stripped more than sions. In this case, the application requirements of Section 50 feet above ground level and were not removed as a unit 14.05 shall apply and these materials shall be kept adequate- or in sections. ly wet whenever exposed during demolition until disposed of (5) Mechanical assemblies or components covered, in accordance with Section 14.11 (a)(2); or coated, or manufactured from asbestos-containing material, (((2) These FRaterials are aeeqttately weUee wheRe,·er removed as a unit or in sections, shall be contained in a eJtf30See BttfiRg WFeekiRg 0f eiSFRttRtliRg; 0F)) leak-tight wrapping after wetting and labeled in accordance (2) The asbestos-containing material could not be with Section 14.11 (a)(l)(C). removed prior to demolition because it was not accessible (A) For large components such as boilers, steam until after demolition began. In this case, the application generators, and large tanks, the asbestos-containing material requirements of Section 14.05 shall apply and the exposed is not required to be removed or stripped if the component asbestos-containing material and asbestos-contaminated can be removed, stored, transported, and deposited at a waste debris shall be kept adequately wet at all times until dis- disposal site or reused without disturbing or damaging the posed of in accordance with Section 14.11 (a)(2); or asbestos. (((3) The asbestos ffiftterial will Rot be eist1:1rbee b,· the (B) Metal components such as valves, fire doors, and wreekiRg or eisFRttRtliRg aRe they reffiaiR aeeessible for reactor vessels that have internal asbestos-containing material s1 1bseq1 1eRt Feffie,·al.)) may avoid wetting and leak-tight wrapping if: (3) The material was not accessible for removal because (i) All access to the asbestos-containing material is of hazardous conditions. Such conditions may include welded shut; or environments that are contaminated by toxic substances, (ii) The component has mechanical seals in place that structures or buildings that are structurally unsound and in separate the asbestos-containing material from the environ- danger of imminent collapse, or other conditions that are ment and these seals cannot be removed by hand; and immediately dangerous to life and health. Under such (iii) The components are labeled in accordance with conditions, the facility owner or operator may submit a Section 14.11 (a)(l)(C). signed written request for conditional approval by the (6) Local exhaust ventilation and collection systems Control Officer to waive the requirements of Section used on an asbestos project shall: 14.09( c). In this case, the application requirements of (A) Be maintained to ensure the integrity of the system; Section 14.05 shall apply and the exposed asbestos-contain- and ing material and asbestos-contaminated debris shall be kept - (B) When feasible, have one or more transparent plastic adequately wet at all times until disposed of in accordance or glass viewing ports installed on the walls of the enclosure with Section 14.11 (a)(2). Evidence of the hazardous in such a manner that will allow for viewing of all compo- condition, as documented by a state or local government nents inside the enclosure. When available, existing win- agency, shall accompany the written request in addition to dows may be utilized for viewing ports. the application and appropriate fee as required by Section (7) Local exhaust ventilation and collection systems, 14.05. The request for exemption from Section 14.09(c) control devices, and vacuum systems, used on an asbestos shall include, at a minimum: project shall be equipped with a HEPA exhaust filter, (A) The complete name, mailing address, and telephone maintained in good working order, and exhibit no visible number of the owner or operator of the facility, including the emissions. city, zip code, and county; (b) Asbestos Project - Exemptions for Residential (B) The complete street address or location of the Dwellings. demolition site, including the city, zip code, and county; The requirements of 14.09 (a)(l) shall not apply to (C) The name, title, and authority of the state or local asbestos projects conducted in a residential dwelling by the government representative who has determined the hazardous resident owner of the dwelling, except that the requirements condition; of 14.09 (a)(l) shall apply to furnace interiors and direct- (D) A description of the hazardous condition that applied mudded asbestos insulation on hotwater heating prevents the removal of asbestos-containing material prior to systems, which may not be removed by the resident owner. demolition, including the amount, type, and specific loca- (c) Demolition - Requirements. tion(s) within the structure of such materials; and It shall be unlawful for any person to cause or allow the (E) The procedures that will be used to prevent the demolition of any building, vessel, structure, or portion release of asbestos fibers into the ambient air. thereof, unless all asbestos-containing materials have been (e) Alternative Control Measures. removed from the area to be demolished. It shall be The owner or operator of an asbestos project may unlawful for an person to cause or allow any demolition that submit a signed written request to use an alternative control would disturb asbestos-containing material or prevent access measure that is equally effective in controlling asbestos to the asbestos-containing material for removal and disposal. emissions for conditional approval by the Control Officer. (d) Demolition - Asbestos Removal Exemptions. The written request shall include, at a minimum: ((HeweYer,)) Asbestos-containing material need not be (1) The complete name, mailing address, and telephone removed before ((VlFeekiRg 0f eiSFRftRtiiRg)) the demolition number of the owner or operator of the asbestos project, of any building, vessel, structure, or portion thereof if: including the city and zip code; (1) The((y-are)) asbestos-containing material is on a (2) The complete street address or location of the site, ((faetlity)) component that is encased in concrete or other including the city, zip code, and county; material ((fettRe eqttal)) determined by the Control Officer((;- [ 27] Permanent WSR 93-19-106 Washington State Register, Issue 93-21 (3) A description of the material, including the type and (2) All asbestos containing waste material shall be percentage of asbestos in the material, total amount of deposited within ten (10) calendar days after collection fo1 material involve, and the specific location(s) of the material disposal at a waste disposal site operated in accordance witt on the site; and the provisions of 40 CFR 61.154 or 61.155 and approved by (4) The reason why an alternative control measure is the health department with jurisdiction. This requirement i5 required and a description of the proposed alternative control modified by section 14.05(c) for asbestos containing waste measure to be employed, including the procedures that will material from asbestos projects conducted under annual be used to prevent the release of asbestos fibers into the applications. ambient air. (3) All asbestos containing waste material, handled a5 ((e) It skalJ ee l IR)awftt) fer aRy 13erseR te ea1 1se er dangerous waste in accordance with WAC 173-303, shall be allew tke reffie•,.al er eRea13s1:1latieR ef aseestes ffiaterial excluded from the requirements of Sections 14.11 (a)(l)(c; tiftlesS7 and 14.11 (a)(2). l) Tke reffieval er eRea13s1 1latieR is eeRdt 1eted ey a (b) Alternative Storage Method - Asbestos Storage eertified aseestes werker er is iR eeffi13liaRee with WAC Facility. ((Tke fellewiRg ffietkeds shall ee 1 1sed d1 1riRg tke 296 65 030. eelleetieR, 13reeessiRg, 13aekagiRg, traRs13ertiRg er de13esitie~ (2) \llerk 13raetiees shall ee1H13ly with WAC 296 155 ef aRy aseestes eeRtaiRiRg •;,·aste ffiaterial:)) The owner m H£2.:. operator of a licensed asbestos abatement company 01 (e) 8eetieR 14.09 (e)(l) shall Ret a1313ly te tke reffie•tal disposal facility may apply to the Control Officer to establish er eRea13s1:1JatieR ef aseestes ffiateria]s 13erfer1Hea iR ReR a facility for the purpose of collecting and temporarily ffit 1lti13le 1 1Rit 13ri1t'ate dwelliRgs ke1 1siRg twe faffiilies er less, storing asbestos containing waste material. B)' tke e 1NRer ef tke awelliRg.)) (I) ((Mi it aseestes waste freffi eeRtrel deYiees •Nit~ water te ferffi a sl1 1rry; adeq1 1ately i,vet ether aseestes Reviser's note: The typographical errors in the above section eeRtaiRiRg waste ffiaterial; aRd)) It is unlawful to cause m occurred in the copy filed by the agency and appear in the Register pursuant allow the operation of a temporary asbestos storage facility to the requirements of RCW 34.08.040. without the prior written approval of the Control Officer. AMENDATORY SECTION ((WkeR a vae1 11 1ffi systeffi is e1H13leyed, it shall e1lkieit Re visie!e effiissieRs aRd shall ee eq1:1i1313ed with s SECTION 14.11 ((Hl .. NDLINC AND)) DISPOSAL OF HEPA filter; aRd)) The owner or operator must submit a ASBESTOS CONTAINING WASTE MATERIAL complete application for an asbestos storage facility. When approved, an Asbestos Storage Facility Authorization will be ({It shall ee l IR]a•;ifl I] fer aRy 13erseR te ea1 1se er returned to be posted at the entrance to the facility. allew tke ais13esa] ef aseestes ffiateria]s l:IR]ess tke 13reee (3) ((After wettiRg, seal all aseestes eeRtaiRiRg waste d1:1res iR 8eetieR 14 .11 (e) aRd (e) are fellewed.)) Disposal fflaterial iR leak tight eeRtaiRers •.vkile •Net.)) An asbestos Requirements. storage facility shall meet the following general conditions: It shall be unlawful for any person to cause or allow (i) Asbestos containing waste material must be stored in work on an asbestos project unless the following procedures a container with a single piece liner at least 6 mil in thick- are employed during the collection, processing, packaging, ness; and transporting, or deposition of any asbestos containing (ii) Said container must be in a secured building or in material: a secured exterior enclosure; and (I) Treat all asbestos containing waste material as (iii) The container and enclosure must be locked excep1 follows: during transfer of asbestos containing waste material and (i) Adequately wet all asbestos conta'ining waste have asbestos warning signs posted on the container; and material and mix asbestos waste from control devices, (iv) Storage, transportation, disposal, and return of the vacuum systems, or local exhaust ventilation and collection waste shipment record to the waste generator will not exceed systems with water to form a slurry; the 45 day requirement of 40 CFR Part 61.150. (ii) After wetting, seal all asbestos containing waste (((4) Laeel tke eeRtaiRers as s13eeified ey tke De13art material in leak tight containers or wrapping to ensure that ffieRt ef Laeer aRd IRd1:1stries.)) they remain adequately wet when deposited at a waste (((5) AR alterRati•te sterage, kaRdliRg, er Elis13esal disposal site; ffietkeEI that kas reeeiYed 13rier a1313reval ey tke CeRtrel (iii) Permanently label wrapped materials and each Offieer.)) container with an asbestos warning sign as specified by the (c) Alternative Disposal Method - Asbestos Cemen1 Washington State Department of Labor and Industries or the Water Pipe. ((URless tke aseestes eeRtaiRiRg 'Naste ffiaterial Occupational Safety and Health Administration. Permanent- is kMElleEI as EIMgere1:1s waste iR aeeerElaRee with WAC 173 ly mark the label with the date the material was collected for 303, it shall ee Ele13esiteEI withiR H:ve days after eelleetieR fe1 disposal, the name of the waste generator, the name and dis13esal at a waste dis13esal site e13erateEI iR aeeerElaRee wit~ affiliation of the certified asbestos supervisor, and the tke 13revisieRS ef 40 CPR 61.156 aREI 8flf1FeVed ey the kealt~ location at which the waste was generated; Ele13attffieRt with j1:1risElietieR.)) (iv) Ensure that the exterior of each container is free of Asbestos cement water pipe used on public right oJ all asbestos residue; and ways or public easements shall be excluded from the (v) Exhibit no visible emissions during any of the disposal requirements of Section 14.11 (a)(2) if the followinp operations required by this section. conditions are met: Permanent [ 281 Washington State Register, Issue 93-21 WSR 93-19-106 (1) Any asbestos cement water pipe greater than one (1) GASOLINE DISPENSING FACILITY means any site linear foot in size may be buried on public right of ways or dispensing gasoline into motor vehicle fuel tanks from public easements of covered with at least three (3) feet or stationary storage tanks. more of nonasbestos fill material and the state, county or GASOLINE LOADING TERMINAL means a gasoline city authorities be notified in writing of buried asbestos transfer facility that receives more than ten percent of its cement pipe; and annual gasoline throughput solely or in combination by (2) All asbestos containing waste material, including pipeline, ship or barge, and loads gasoline into transport asbestos cement water pipe fragments that are one (1) linear tanks. foot or less, protective clothing, HEPA filters, or other MOTOR VEHICLE means any mode of travel utilizing asbestos contaminated material, debris, or containers, shall gasoline as energy to provide locomotion. be subject to the requirements of this Regulation I, Article NEW GASOLINE DISPENSING FACILITY means the 14. construction of a gasoline dispensing facility on a site that has not had an active gasoline dispensing facility within the NEW SECTION past five years. ST AGE I means gasoline vapor recovery during all SECTION 14.12 CONTROLLED AND REGULATED gasoline marketing transfer operations except motor vehicle SUBSTANCES refueling. (a) No person shall cause or allow visual asbestos STAGE II means gasoline vapor recovery during motor emissions, including emissions from asbestos waste materi- vehicle refueling operations from stationary tanks. als. SUBMERGED FILL LINE means any discharge pipe or (1) On public or private lands, on developed or undevel- nozzle which meet either of the following conditions: oped properties and on any open uncontrolled and nonde- (a) Where the tank is filled from the top, the end of the signated disposal sites discharge pipe or nozzle must be totally submerged when the (2) No visual emissions to the outside air during the liquid level is six inches from the bottom of the tank, or; collection, processing, handling, packaging, transporting, (b) Where the tank is filled from the side, the discharge storage and disposal of any asbestos containing waste pipe or nozzle must be totally submerged when the liquid material; or level is six inches from the bottom of the tank. (3) From any fugitive source. THROUGHPUT means the amount of material passing through a facility. (b) Vinyl asbestos tile (VAT), shall be subject to the requirements of this Regulation 1, Article 14. TRANSPORT TANK means a container used for shipping gasoline over roadways. Reviser's note: The unnecessary underscoring in the above section TRUE VAPOR PRESSURE means the equilibrium occurred in the copy filed by the agency and appears in the Register partial pressure of petroleum liquid as determined by pursuant to the requirements of RCW 34.08.040. methods described in American Petroleum Institute Bulletin 2517, 1980. NEW SECTION UPGRADE means the modification of a gasoline storage tank or piping to add cathodic protection, tank lining ARTICLE 15 or spill and overfill protection that involved removal of GASOLINE VAPOR RECOVERY ground or ground cover above a portion of the product SECTION 15.01 APPLICABILITY piping. VAPOR BALANCE SYSTEM means a system consist- This regulation shall apply to all facilities that distribute ing of the transport tank, gasoline vapor transfer lines, gasoline, including automotive, aviation, and marine uses. storage tank, and all tank vents designed to route displaced SECTION 15.03 DEFINITIONS gasoline vapors from a tank being filled with liquid gasoline. VAPOR CONTROL SYSTEM means a system designed Unless a different meaning_ is clearly required by and operated to reduce or limit the emission of gasoline context, the following words and phrases, as used in this vapors into the ambient air which is designed according to article, shall have the following meanings: WAC 173-491. BOTTOM LOADING means the filling of a tank through a line entering the bottom of the tank. SECTION 15.05 GENERAL REQUIREMENTS BULK GASOLINE PLANT means a gasoline storage All gasoline storage tanks with a capacity greater than and transfer facility that receives more than ninety percent of 2,000 gallons shall be equipped with submerged fill lines its annual gasoline throughput by transport tank, and reloads when upgraded, but no later than December 31, 1998. gasoline into transport tanks. GASOLINE means a petroleum distillate which is a SECTION 15.07 VAPOR RECOVERY STAGE I liquid at standard conditions and has a true vapor pressure Stage I vapor recovery is required for all gasoline greater than four pounds per square inch absolute at twenty dispensing facilities as follows: degrees Celsius, and is used as a fuel for internal combustion (a) The facilities that have an annual throughput greater engines. Also any liquid sold as a vehicle fuel with a true than 360,000 gallons of gasoline shall have stage I vapor vapor pressure greater than four pounds per square inch recovery by December 31, 1993 or when upgraded, whichev- absolute at twenty degrees Celsius shall be considered er is sooner. "gasoline" for purpose of this regulation. [ 29] Permanent WSR 93-19-106 Washington State Register, Issue 93-21 (b) The facilities that have an annual throughput greater AMENDATORY SECTION (Amending Order 3516, filec than 100,000, but less than or equal to 360,000 gallons of 2/24/93, effective 3/27/93) gasoline shall have stage I vapor recovery by December 31, WAC 388-84-105 Medical application. (1) Tht 1998 or when upgraded, whichever is sooner. department shall accept and process applications for medica (c) Terminals and bulk plants that deliver gasoline to programs as described under subsections of WAC 388-38· any facility equipped with Stage I vapor recovery shall be 010, 388-38-030, 388-38-040, 388-38-045, and 388-38-05( equipped with a vapor control system prior to December 31, except as specified under this section. 1998. (2) The department shall accept applications for medica (d) Terminals and bulk plants with an annual throughput programs without delay. g~eater than 7 ,200,000 gallons per year shall be equipped (a) The department shall provide clients with: with a vapor control system prior to December 31, 1993. . (i) ((An eit13lanati0R ef the)) A Civil Rights Act expla· SECTION 15.09 VAPOR RECOVERY ST AGE II nat10n; (ii) Fair hearing information; Stage II vapor recovery is required at all gasoline . (iii~ ((lnfeffflatien a801:1t)) £.arly and periodic screening dispensing facilities as follows: d1agnos1s, and treatment (EPSDT) information also knowr (a) Those facilities that have an annual throughput as the healthy kids program, when appropriate; and greater than 1,200,000 gallons of gasoline shall have stage (iv) ((lnfeffflatien a801:1t)) .Eamily planning information II vapor recovery by May 1, 1994 or at the time of upgrade, whichever is sooner. when appropriate. (b) Those facilities that have an annual throughput (v) ((IRfeffflatien a801:1t)) Ihe special supplemental fooc program for women, infants and children's (WIC) informa greater than 840,000, but less than or equal to 1,2000,000 gallons of gasoline shall have stage II vapor recovery by tion, when appropriate. December 31, 1998, or at the time of upgrade, whichever is .. <b) The request for medical programs shall be ((tt Wftttftg)) on a department designated form. sooner. (c) A relative or representative may complete thc (c) All gasoline dispensing facilities located in an ozone application on a client's behalf, when the client is unable t< nonattainment area with an annual gasoline throughput complete the application or if the client dies. greater than 600,000 gallons shall have Stage II vapor (3) The department shall complete the applicatio1 recovery prior to December 31, 1998 or at the time of upgrade, whichever is sooner. process by conducting a face-to-face interview in the loca community services office ((f))CSO((t)), unless the clien Reviser's note: The typographical error in the above section occurred ((er their re13resentative)): in the copy filed by the agency and appears in the Register pursuant to the (a) Or the client's representative requests the office requirements of RCW 34.08.040. interview be waived and the: (i) Client is unable to come to the CSO; ((ftfld)) or SECTION 15.11 NEW GASOLINE DISPENSING (ii) Client has no representative to complete the inter view; or FACILITIES (iii) Client is unable to name a representative to com Those facilities that have more than 10,000 gallons total plete the interview; and gasoline storage must install stage I and stage II vapor (iv) Department has adequate information to determim recovery at the time of construction. eligibility for medical programs without a face-to-fac1 interview. (b) Is a pregnant woman and the application is for , pregnancy-related medical program. WSR 93-21-001 ill Is a child ((1:1nEler nineteen)) eighteen years of age o PERMANENT RULES DEPARTMENT OF younger and the application is ((eftly-)) for a medical pro SOCIAL AND HEALTH SERVICES gram for children. (Public Assistance) ( 4) ((The Ele13artFReRt shall not req1:1ire a faee te fae [Order 3649-Filed October 6, 1993, I :39 p.m.] inten·iew fur a 13regnant woFRaR when EleterFRining eligieilit· fur a FReElieal 13rngflifR. · Date of Adoption: October 6, 1993. ~)) When the client meets the requirements o P~rpose: Clarify original intent of the department by subsection (3)((fat)), the department may complete th remov~ng obsolete language, and clarify technical language. application process through: C1~ation of Existing Rules Affected by this Order: (a) A face-to-face ((heFRe Yisit)) interview in the client' Amending WAC 388-84-105 Medical application and 388- home; 84-110 Application-Disposition. (b) A telephone interview; or Statutory Authority for Adoption: RCW 74.08.090. (c) The mail. Pursuant to notice filed as WSR 93-18-035 on August ((fat)) ill The department shall find clients who receiv 26, 1993. continuing cash assistance ((1:1nEler AFDC, PIP, SSI, er stat Effective Date of Rule: Thirty-one days after filing. s1:1.1313leFRent)) eligible for~ medical ((assistanee)) prograr October 6, 1993 without a separate application. Dewey Brock, Acting Chief (((7) A s1301:1se)) (6) An aged, blind, or disabled clier Office of Vendor Services ineligible for SSI benefits solely because of the spouse' Permanent [ 30 l Washington State Register, Issue 93-21 WSR 93-21-001 income level shall apply ((iHsivith1ally)) for a medical (a) The ((applieaHt)) client, within thirty days from the program. date of denial, provides additional information needed to ((f&t)) ill A Washington state resident temporarily out establish eligibility; or of the state may make application ((sireetly)) to the CSO in (b) Following this thirty-day period, the ((applieaRt)) the resident's area of the state through either a person or client: agency acting in the client's behalf. --(i) Timely requests a fair hearing to appeal the denial; and AMENDATORY SECTION (Amending Order 2906, filed (ii) Provides the additional information needed to 12/1/89, effective 1/1/90) establish eligibility. WAC 388-84-110 Application-Disposition. ( 1) The department shall act on a request for medical assistance within: WSR 93-21-002 (a) Sixty calendar days for ((applieaHtS eases eH)) 2. PERMANENT RULES client requiring a disability decision; DEPARTMENT OF (b) Forty-ti ve calendar days for all other categories SOCIAL AND HEALTH SERVICES except a pregnant woman as described under subsection (Public Assistance) (l)(c) of this section; and [Order 3650--Filed October 6, 1993, 1:42 p.m.] ill Fifteen working days for a pregnant woman, including an interview within five working days ((-;-ttftEi)) if Date of Adoption: October 6, 1993. an interview is requested by the client. Purpose: Expands the provider type of who can provide (((e) Perty five says fur all ether eategeries)) (d) When Medicaid services in schools. Adds licensed registered applying subsection (1) (a), (b), or (c) of this section, the nurse; licensed physical therapist or physiatrist; occupational department shall count as day one the date following the therapist; speech pathologists or audiologists. date of application. Citation of Existing Rules Affected by this Order: (2) The department shall: Amending WAC 388-86-022 School medical services for (a) Not use the standards for timely processing of special education students. applications as a waiting period for determining eligibility; Statutory Authority for Adoption: RCW 74.08.090. and Pursuant to notice filed as WSR 93-18-039 on August (b) Act on each application as quickly as possible. 27, 1993. (3) When the department has otherwise acted promptly Effective Date of Rule: Thirty-one days after filing. at all stages of the application process, the department may October 6, 1993 extend the time standard if the department cannot reach a Dewey Brock, Acting Chief timely eligibility decision because the: Office of Vendor Services (a) ((Appliea1H)) Client or an examining physician delays or fails to provide information or fails to take a AMENDATORY SECTION (Amending Order 3474, filed required action; or 10/28/92, effective 11/28/92) (b) Eligibility determination depends upon out-of-state WAC 388-86-022 School medical services for special or intercity correspondence and no other verification is education students. (1) The department shall pay school available to establish the eligibility factor at issue; or districts or educational service districts (ESD) for medical ((Qee1 1FFeHee ef ElH ! lSfftiHistrative er ether emergeH services to an eligible categorically needy or medically e)' is eeyeHS the eeHtrel ef the separtmeHt. AsmiHistffltive needy child when a school district or ESD furnishes the Bl lrSeHS S0 H0t j1 1stify seltl)'eS preeessiHg ef appJieatieHs; er medical services to a special education student as part of the ftl)-)) Eligibility determination depends on receipt of child's individualized education program (IEP) or individual- medical expense documentation as described under WAC ized family service plan (IFSP). 388-99-030 and 388-100-020. (2) Such medical services shall be provided by: (4) ((Fer eash assistaRee exeefit eeRselidates emergeHey (a) Qualified Medicaid providers as described under assistaRee pregram (CEAP), appreval ef the mesieal assis WAC (([388 87 007] [)) 388-87-005 ((f)); taHee is eeHettrreHt. (b) Psychologists, licensed by the state of Washington ~)) The department shall notify ((applieaHts fer)) ~ or granted an educational staff associate certificate (ESA) by medical ((assistaRee)) program client of departmental action the state board of education; or by letter. (c) A person trained and supervised by a,;_ ((f&t)) ill Approval, denial, or withdrawal of the ~icensed registered nurse,;_ application for medical assistance, medical care services, or (ii) Licensed physical therapist or physiatrist; the limited casualty program will follow cash assistance (iii) Licensed occupational therapist; or standards and criteria in chapter 388-38 WAC, with the (iv) Speech pathologist or audiologist, who has been exception of WAC 388-38-110. For time limits for disposal granted a certificate of clinical competence by the American of a medical application, subsections (1), (2) and (3) of this speech, hearing, and language association or a person who section shall apply. completed the equivalent educational and work experience ((f7+)) ill The department may rescind a denial and necessary for such a certificate. approve assistance based on a denied application when: (3) The department shall require recommendations and referrals to be updated at least annually. [ 31] Permanent WSR 93-21-002 Washington State Register, Issue 93-21 (4) The department shall pay for ((Stieh)) school-based Comment No. 4: The comments submitted by Matthev. medical services according to the department-established rate Cohen on behalf of the Association of Washington Business· or the billed amount, whichever is lower. es reflect the views of Weyerhaeuser Company and shoulc (5) The department shall not pay individual school be considered by SWAPCA (Ken Johnson, Weyerhaeuser). practitioners who provide school-based medical services. Evaluation: SW APCA has reviewed the summary oJ (6) ((Per ff!eclieal serviees eillecl te Meclieaicl,)) Jhe responses and changes made by Ecology as a result of thf department shall require school districts or ESD to pursue input received from Association of Washington Businesse! third-party resources for medical services billed to Medicaid. and made similar revisions throughout the proposec SWAPCA regulation to promote consistency. SWAPCA 400-010 Policy and purpose Comment No. 1: SW APCA should add language statin~ WSR 93-21-003 that the regulations regarding toxic air pollutants apply onl) PERMANENT RULES to new or modified sources (John Surrett, PacifiCorp). SOUTHWEST AIR Evaluation: Disagree. The suggested change is no1 POLLUTION CONTROL AUTHORITY being recommended to be adopted. NESHAP regulation! [Filed October 7, 1993, 11:20 a.m.] also apply to several existing sources within SWAPCA'! jurisdiction. Date of Adoption: September 21, 1993. Purpose: To establish consistency between federal, state SW APCA 400-030 Definitions and local regulations; and to receive delegation of the Comment No. 1: The definition of lowest achievablf operating permit program pursuant to 40 CFR 70. emission rate (LAER) should include the most stringeni Citation of Existing Rules Affected by this Order: emission limit specified in any state implementation plar Repealing Section 400-020 (Applicability); and amending (SIP) rather than be limited to the Washington SIP only SWAPCA 400-010 (Policy and purpose), SWAPCA 400-030 This will make SW APCA consistent with the federa (Definitions), SWAPCA 400-040 (General standards for definition (Mr. Len Dozier). maximum emissions), SWAPCA 400-050 (Emission stan- Evaluation: Agree. This change has been incorporatec dards for combustion and incineration units), and SWAPCA into the regulation. 400-060 (Emission standards for general process units). Comment No. 2: Several definitions used in tht Statutory Authority for Adoption: Chapter 70.94 RCW. originally proposed SW APCA regulation revisions an Pursuant to notice filed as WSR 93-10-078, 93-10-079, inconsistent with those used by EPA and DOE. All defini· 93-10-080, and 93-10-081 on May 4, 1993. tions should remain consistent (Sue Mauermann, Washingtor Changes Other than Editing from Proposed to Adopted Department of Ecology). Version: Evaluation: Agree. Definitions should remain consis· tent between SWAPCA and ecology. These changes havt SWAPCA 400 (General Issues) been incorporated into the regulation. The definitions of th( Comment No. 1: SW APCA should wait until ecology following terms were changed to remain consistent has completed its rulemaking effort before completing the "BACT," "building, structure, facility, or installation," "Clas~ process at SW APCA to provide a high degree of consistency I areas," "emission standard," "LAER," "major modification,' between the two programs (Matthew Cohen, Association of "major stationary source," "mandatory Class I areas," "ne Washington Businesses). emission increase," "notice of construction application,' Evaluation: Agree. SW APCA has waited for ecology "PM-10 emissions" and "prevention of significant deteriora to complete its rulemaking process. However, it is not clear tion." what degree of interprogram consistency is required under Comment No. 3: The Spokane Indian Reservatior ESHB 1089. should not be considered a Class I area for SW APCA ': Comment No. 2: SW APCA should incorporate regulation (Alan Prouty, James River Corporation). ecology's changes into its regulations. The Association of Evaluation: Agree. SWAPCA's definition of "Class Washington Businesses has submitted comments to ecology area" was revised to reflect only those areas potentiall~ and a copy of the comments were included with the submit- tal (Matthew Cohen, Association of Washington Businesses). impacted by emissions from stationary sources withi1 Evaluation: Agree. A copy of ecology's summary of SWAPCA's jurisdiction. These areas do not include the Spokane Indian Reservation, but Class I areas in Orego1 responses was received by SWAPCA. Ecology's revisions were added. were incorporated into SW APCA's regulation. Nevertheless, Comment No. 4: The word "meteorology" should be several differences between the programs will exist as added after the word "frequency" in definition 400-030(2 outlined in the attached staff memorandum. (John Surrett, PacifiCorp). Comment No. 3: SW APCA should delay final adoption Evaluation: Disagree. The suggested change is no of SW APCA 400 until chapter 173-400 WAC has been recommended to be adopted. SWAPCA's definitions neec finalized to ensure consistency (Ken Johnson, to be consistent with EPA and ecology definitions. Weyerhaeuser). Comment No. 5: The word "meteorology" should bi Evaluation: Agree. SW APCA has delayed adoption of added after the word "frequency" in definition 400-030(72 SWAPCA 400 until chapter 173-400 WAC has been (John Surrett, PacifiCorp). finalized by ecology. Permanent [ 32 J Washington State Register, Issue 93-21 Evaluation: Disagree. The suggested change is not recommended to be adopted. SW APCA' s definitions need to be consistent with EPA and ecology definitions. SW APCA 400-040 General standards for maximum emis- sions Comment No. 1: The phrase "or operating permit condition to the source or sources for" should be replaced with "or rule requiring the" to prevent conflict with ESHB 1089. RACT should not be implemented through the operating permit program (Sue Mauermann, Washington Department of Ecology). Evaluation: Agree. This change has been incorporated into the regulation. Comment No. 2: "Category l areas" should be replaced with "nonattainment areas" in 400-040(8) (Sue Mauermann, Washington Department of Ecology). Evaluation: Agree. This change has been incorporated into the regulation. Comment No. 3: The mechanisms used to implement RACT determinations should not include operating permits in accordance with ESHB 1089 (Alan Prouty, James River Corporation). Evaluation: Agree. This change has been incorporated into the regulation. Comment No. 4: The mechanisms used to implement RACT determinations should not include operating permits in accordance with ESHB 1089 (John Surrett, PacifiCorp). Evaluation: Agree. This change has been incorporated into the regulation. Comment No. 5: The correction for sulfur dioxide concentration in 400-040(6) could be accomplished through measurement of either oxygen or carbon dioxide (John Surrett, PacifiCorp). Evaluation: Agree. Carbon dioxide was added to the approved diluents for sulfur dioxide correction. This is consistent with the 40 CFR Part 75 monitoring regulations which are applicable to the Centralia Power Plant. SW APCA 400-052 Stack sampling of major combustion sources Comment No. l: It should be clarified that the testing requirements for purposes of compliance determination under this regulation apply to only those sources that have applica- ble emission standards in place (John Surrett, PacifiCorp). Evaluation: Agree. The suggested clarification to subsection (6) has been made. SWAPCA 400-075 Emission standards for sources emitting hazardous air pollutants Comment No. 1: SWAPCA should wait until the federally mandated studies regarding the emissions of toxic air pollutants from electric utility steam generating units are completed prior to adopting or establishing standards for such sources and pollutants (Dave Shilton, PacifiCorp). Evaluation: Disagree. SW APCA is best served by adopting WAC 173-400-075 (which will be periodically updated to incorporate all NESHAP) by reference rather than adopting a separate regulation. SW APCA does not currently have authority to enforce the NESHAP regulation because ecology and SW APCA have not regularly updated their adoption of the latest NESHAPs regulations. SW APCA may risk denial by EPA for delegation of the NESHAP program [ 33] if this comment is accepted at this time because it may be perceived that SWAPCA has weakened its authority versus that of EPA. Actions to be taken later at the federal level are expected to make this request a reality. Comment No. 2: Add a subsection stating that "This section shall not be applicable for Title V Federal Clean Air Act (FCAA) requirements until such time that the hazardous air pollutant (HAP) regulations are adopted, if at all, for the permitted source" (John Surrett, PacifiCorp). Evaluation: Disagree. SWAPCA needs to adopt WAC 173-400-075 by reference rather than adopt a separate regulation for the reasons stated above. Many of the NESHAP regulations are currently in effect and applicable to sources under SWAPCA jurisdiction. SW APCA 400-081 Startup and shutdown Comment No. 1: Delete the last sentence regarding SIP amendments (John Surrett, PacifiCorp). Evaluation: Disagree. The suggested change is not being recommended to be adopted. No SIP amendment is needed for the Centralia Power Plant to continue operating in its current manner with respect to start up and shut down conditions. Emissions occurring during these events are considered unavoidable in accordance with SW APCA 400- 107( 4). In addition, the proposed language is consistent with that used by ecology in chapter 173-400 WAC. SWAPCA 400-090 Voluntary limits on emissions Comment No. 1: A new section on voluntary limits on emissions should be added consistent with WAC 173-400- 090 (Alan Prouty, James River Corporation). Evaluation: Agree. The language from WAC 173-400- 090 has been added to the proposed SW APCA regulations. This addition will provide a means to achieve federal enforceability without a SIP amendment. SW APCA 400-100 Registration and operating permits Comment No. l: It is unclear if this section includes residential wood heaters subject to NSPS Subpart AAA. Wood heaters should not be required to register (Sue Mauermann, Washington Department of Ecology). Evaluation: Agree. Clarifying language has been added to SW APCA 400-100 which states that registration is not required for residential wood heaters. Comment No. 2: As originally written, SW APCA 400- 100 required registration fees for operating permit sources. Under federal requirements, operating permit fees are to be assessed rather than registration fees (Sue Mauermann, Washington Department of Ecology). Evaluation: Agree. Clarifying language has been added to SW APCA 400-100 to prevent any double billing and to specify that registration fees no longer apply to operating permit sources once EPA delegates the Title V program to SWAPCA. During the interim operating permit program time period, SW APCA is already assessing only the operat- ing permit fee to applicable companies and is not also collecting a registration fee from these sources. Comment No. 3: Residential wood heaters should not be required to register (Alan Prouty. James River Corpora- tion). Evaluation: Agree. The suggested change has been incorporated into the regulation. Permanent WSR 93-21-003 Washington State Register, Issue 93-21 SWAPCA 400-101 Sources exempt from registration Comment No. 2: The phrase "demonstrates to the requirements satisfaction of' should be replaced with "adequately demon- Comment No. 1: Include all food preparation facilities strates." In addition, the phrase "this demonstration shall be rather than limiting the exemptions to merely restaurants and a condition of relief under subsections (4), (5) and (6) of this retail establishments (John Surrett, PacifiCorp). section" should be added. Finally, the phrase "taking into Evaluation: Agree. This change has been incorporated account the total emissions impact of the corrective action" into the regulation. should be added after the phrase "minimizing emissions Comment No. 2: Add a section exempting bulk liquid during the event" (Sue Mauermann, Washington Department storage, transfer and handling facilities with potential of Ecology). emissions of VOCs of less than 1 tpy (John Surrett, Evaluation: Agree. All of these suggested changes PacifiCorp). have been made to ensure consistency between ecology and Evaluation: Disagree. Although the suggestion appears SW APCA. In addition, emissions from upset conditions at reasonable, it has not been incorporated in an effort to certain facilities will increase if the process or system is shut remain consistent with the ongoing development of chapter down. SW APCA' s goal in such instances is to minimize 173-401 WAC at the state level. ESHB 1089 required a emissions. Language which was added to WAC 173-400- single statewide permit program. It is the goal of SW APCA 107(3) by ecology regarding potentially health threatening to establish and maintain consistency between all programs emissions and the promptness of the notification is such within SW APCA as well as other programs at the state and instances was not included in the revised SW APCA rule local levels. Incorporation of the suggested change might be because of perceived confusion that implementation of such considered a deviation from ESHB 1089 given the insignifi- a provision could cause. cant emissions unit portion under development for inclusion Comment No. 3: The phrase "demonstrates to the in chapter 173-401 WAC. It may be possible at a later date satisfaction of' should be replaced with "adequately demon- to make the suggested change, however, it is preferable to strates." In addition, the phrase "this demonstration shall be wait rather than create exceptions which may be subsequent- a condition of relief under subsections (4), (5) and (6) of this ly negated by action of ecology. section" should be added. Finally, the phrase "taking into Comment No. 3: Add office equipment, supplies and account the total emissions impact of the corrective action" operations to the list of exemptions (John Surrett, should be added after the phrase "minimizing emissions PacifiCorp). during the event" (Alan Prouty, James River Corporation). Evaluation: Agree. The suggested addition has been Evaluation: Agree. All of these suggested changes incorporated into the regulation. have been made to ensure consistency between ecology and Comment No. 4: Add other activities to the exemptions SW APCA. In addition, emissions from upset conditions at list such as degreasing and solvent use and others (John certain facilities will increase if the process or system is shut Surrett, PacifiCorp). down. SW APCA' s goal in such instances is to minimize Evaluation: Disagree. The suggested change is not emissions. Language which was added to WAC 173-400- being recommended to be adopted. Degreasing and solvent 107(3) by ecology regarding potentially health threatening use account for a significant portion of the volatile organic emissions and the promptness of the notification in such compounds and toxic air pollutants emitted within instances was not included in the revised SW APCA rule SWAPCA's jurisdiction. In addition, a number of the because of perceived confusion that implementation of such activities proposed for exemption have EPA-authored a provision could cause. "Control Technology Guidance" documents issued for Comment No. 4 SWAP( A 400-107(3) should be regulating such activities and/or applicable regulatory modified in accordance with the recent revisions made in requirements. Incorporation of the suggested change may WAC 173-400-107(3) which require only "excess emissions circumvent clear federal policy and guidance and possibly which represent a potential threat to human health or safety violate applicable emission standards. or which the owner or operator of the source believes to be SW APCA 400-105 Records, monitoring and reporting unavoidable shall be reported to the authority or ecology as Comment No. 1: Add criteria under which sampling soon as possible." (Ken Johnson, Weyerhaeuser). and/or monitoring would be required (John Surrett, Evaluation: Disagree. The requested change is not PacifiCorp). being recommended to be made because it is not consistent Evaluation: Disagree. It is not possible for SW APCA with current SW APCA policy. Industry is already familiar to foresee all of the possible scenarios under which testing with this current practice of SW APCA. An upset record is and/or monitoring would be required. Therefore, it is kept at SW APCA and updated as upset conditions are reasonable to leave these determinations to a case-by-case reported so that inspectors in the field do not initiate determination by the control officer. In addition, the enforcement actions when such actions are unnecessary (as proposed language is consistent with that used by ecology in in the case of unavoidable excess emissions due to process chapter 173-400 WAC. malfunctions, etc.). In addition, it is possible that any excess emission represents a potential threat to human health and SW APCA 400-107 Excess emissions safety. Weyerhaeuser's comment to ecology requested that Comment No. 1: This section should be restructured to only excess emissions "having a reasonable potential for improve readability (John Surrett, PacifiCorp). significant adverse impact" be reportable. The use of the Evaluation: Disagree. The suggested change is not term "reasonable" as suggested merely creates confusion. In being recommended for adoption. It is debatable whether the same letter submitted to ecology, it is pointed out that readability would improve or be degraded by such revisions. the phrase "as soon as possible" is subject to excessive Permanent [ 34] Washington State Register, Issue 93-21 WSR 93-21-003 interpretation. The language suggested by the company is no Evaluation: Agree. This change has been made as less subject to interpretation. suggested. SW APCA 400-110 New source review (NSR) and SW APCA SWAPCA 400-171 Public involvement 401-900 Fee determination and certification Comment No. 1: Regulatory orders used to establish a Comment No. 1: A possible "funding gap" is created if creditable emission reduction should not be required to go EPA does not delegate Title V permitting responsibility through a public comment process because there is generally promptly. This potential problem should be addressed by a lack of public interest and undue procedural delays result including all fees for Title V sources in SW APCA 400-100 (Alan Prouty, James River Corporation). rather than SWAPCA 401-900 (Sue Mauermann, Washing- Evaluation: Agree. The language has been changed to ton Department of Ecology). require public comment for synthetic minors rather than Evaluation: Agree. This change has been incorporated creditable emission reductions. into the regulation. Clarifying language was added to SWAPCA 401 (General Concern) specify that registration fees will not be assessed to Title V Comment No. I: ESHB 1089 requires one statewide sources after EPA delegates the program to SWAPCA. permit program. SWAPCA should adopt chapter 173-401 SWAPCA 400-110 New source review (NSR), SW APCA WAC by reference rather than promulgating a different rule 400-112 Requirements for new sources in nonattainment (Matthew Cohen, Association of Washington Businesses). areas, SW APCA 400-113 Requirements for new sources in Evaluation: SWAPCA will adopt chapter 173-401 attainment or nonclassifiable areas, SW APCA 400-114 WAC by reference. Requirements for replacement or substantial alteration of Comment No. 2: Several comments were made emission control technology at an existing stationary source regarding SWAPCA 401 (Alan Prouty, James River Corpo- Comment No. 1: Ecology will be making several ration). changes based on the public input provided during their rule Evaluation: SWAPCA will adopt chapter 173-401 adoption proceedings. SW APCA should make corresponding WAC by reference rather than proceed with a separate rule. changes to ensure consistency (Sue Mauermann, Washington Mr. Prouty's comments were evaluated/considered by Department of Ecology). ecology during the development of chapter 173-401 WAC. Evaluation: Agree. A copy of the summary of respons- Comment No. 3: Mr. Surrett made several comments es made by ecology has been received by SW APCA and the regarding SW APCA 401 (John Surrett, PacifiCorp). changes as outlined therein have been incorporated into Evaluation: SWAPCA will adopt chapter 173-401 SWAPCA's regulations. WAC by reference. Mr. Surrett's comments were evaluat- ed/considered by ecology during the development of chapter SW APCA 400-112 Requirements for new sources in 173-401 WAC. nonattainment areas Comment No. 4: Association of Washington Comment No 1: Daily emission thresholds for offset- Businesses' comments submitted by Mr. Cohen as part of ting should not be added to the annual tonnages as this could the public comment process for SW APCA 401 rule develop- force a new source to obtain offsets that otherwise should ment are supported by Weyerhaeuser (Ken Johnson, not have to be obtained (Alan Prouty, James River Corpora- Weyerhaeuser). tion). Evaluation: SWAPCA will adopt chapter 173-401 Evaluation: Disagree. The requested change is not being recommended to be adopted. The purpose of the WAC by reference rather than adopt a separate rule. proposed daily equivalent to the annual emission rates is to Chapter 173-401 WAC reflects the input provided by the prevent adverse air quality impacts potentially caused by Association of Washington Businesses. Effective Date of Rule: Thirty-one days after filing. sources with substantial emissions of nonattainment pollut- October 6, 1993 ants which may operate only seasonally such as canneries Robert D. Elliott and asphalt plants. Some sources may fall under the annual Executive Director tonnage threshold and yet have an equal or greater daily impact during seasonal periods of operation as major Reviser's note: The material contained in this filing will appear in sources. the 93-23 issue of the Register as it was received after the applicable SW APCA 400-130 Acquisition and use of emission reduc- closing date for the issue for agency-typed material exceeding the volume limitations of WAC 1-21-040. tion credits Comment No 1: Nitrogen oxides should be included in the inventory for ozone nonattainment areas (Sue Mauermann, Washington Department of Ecology). WSR 93-21-004 Evaluation: Agree. This change has been incorporated PERMANENT RULES into SW APCA 400-130 (3)(a). SOUTHWEST AIR POLLUTION CONTROL AUTHORITY SW APCA 400-131 Issuance of emission reduction credits [Filed October 7, 1993, 11:22 a.m.] Comment No. 1: References to the unadopted and as of yet unestablished operating permit program need to be Date of Adoption: September 21, 1993. eliminated as Washington state law prohibits referencing Purpose: To establish consistency between federal, state rules not yet completed (Sue Mauermann, Washington and local regulations; and to receive delegation of the Department of Ecology). operating permit program pursuant to 40 CFR 70. [ 35 J Permanent WSR 93-21-004 Washington State Register, Issue 93-21 Citation of Existing Rules Affected by this Order: Evaluation: Agree. This change has been incorporated Amending SWAPCA 400-100 (Registration and Operating into the regulation. Permits), and SW APCA 400-110 (New Source Review). Comment No. 2: Several definitions used in the Statutory Authority for Adoption: Chapter 70.94 RCW. originally proposed SW APCA regulation revisions are Pursuant to notice filed as WSR 93-10-081 and 93-10- inconsistent with those used by EPA and DOE. All defini- 082 on May 4, 1993. tions should remain consistent (Sue Mauermann, Washington Changes Other than Editing from Proposed to Adopted Department of Ecology). Version: Evaluation: Agree. Definitions should remain consis- SW APCA 400 (General Issues) tent between SW APCA and ecology. These changes have Comment No. 1: SW APCA should wait until ecology been incorporated into the regulation. The definitions of the has completed its rulemaking effort before completing the following terms were changed to remain consistent: process at SW APCA to provide a high degree of consistency "BACT," "building, structure, facility, or installation," "Class between the two programs (Matthew Cohen, Association of I areas," "emission standard," "LAER," "major modification," Washington Businesses). "major stationary source," "mandatory Class I areas," "net Evaluation: Agree. SW APCA has waited for ecology emission increase," "notice of construction application," to complete its rulemaking process. However, it is not clear "PM-10 emissions" and "prevention of significant deteriora- what degree of interprogram consistency is required under tion." ESHB 1089. Comment No. 3: The Spokane Indian Reservation . Comment No. 2: SWAPCA should incorporate should not be considered a Class I area for SW APCA' s ecology's changes into its regulations. The Association of regulation (Alan Prouty, James River Corporation). Washington Businesses has submitted comments to ecology Evaluation: Agree. SWAPCA's definition of "Class I and a copy of the comments were included with the submit- area" was revised to reflect only those areas potentially tal (Matthew Cohen, Association of Washington Businesses). impacted by emissions from stationary sources within Evaluation: Agree. A copy of ecology's summary of SWAPCA's jurisdiction. These areas do not include the responses was received by SWAPCA. Ecology's revisions Spokane Indian Reservation, but Class I areas in Oregon were incorporated into SWAPCA's regulation. Nevertheless, were added. several differences between the programs will exist as Comment No. 4: The word "meteorology" should be outlined in the attached staff memorandum. added after the word "frequency" in definition 400-030(2) Comment No. 3: SW APCA should delay final adoption (John Surrett, PacifiCorp). of SW APCA 400 until chapter 173-400 WAC has been Evaluation: Disagree. The suggested change is not finalized to ensure consistency (Ken Johnson, recommended to be adopted. SW APCA' s definitions need Weyerhaeuser). to be consistent with EPA and ecology definitions. Evaluation: Agree. SW APCA has delayed adoption of Comment No. 5: The word "meteorology" should be SW APCA 400 until chapter 173-400 WAC has been added after the word "frequency" in definition 400-030(72) finalized by ecology. (John Surrett, PacifiCorp). Comment No. 4: The comments submitted by Matthew Evaluation: Disagree. The suggested change is not Cohen on behalf of the Association of Washington Business- recommended to be adopted. SWAPCA's definitions need es reflect the views of Weyerhaeuser Company and should to be consistent with EPA and ecology definitions. be considered by SWAPCA (Ken Johnson, Weyerhaeuser). SW APCA 400-040 General standards for maximum emis- Evaluation: SW APCA has reviewed the summary of sions responses and changes made by Ecology as a result of the Comment No. 1: The phrase "or operating permit input received from Association of Washington Businesses condition to the source or sources for" should be replaced and made similar revisions throughout the proposed with "or rule requiring the" to prevent conflict with ESHB SWAPCA regulation to promote consistency. 1089. RACT should not be implemented through the SWAPCA 400-010 Policy and purpose operating permit program (Sue Mauermann, Washington Department of Ecology). Comment No. 1: SW APCA should add language stating that the regulations regarding toxic air pollutants apply only Evaluation: Agree. This change has been incorporated to new or modified sources (John Surrett, PacifiCorp). into the regulation. Evaluation: Disagree. The suggested change is not Comment No. 2: "Category I areas" should be replaced being recommended to be adopted. NESHAP regulations with "nonattainment areas" in 400-040(8) (Sue Mauermann, also apply to several existing sources within SWAPCA's Washington Department of Ecology). jurisdiction. Evaluation: Agree. This change has been incorporated into the regulation. SW APCA 400-030 Definitions Comment No. 3: The mechanisms used to implement Comment No. 1: The definition of lowest achievable RACT determinations should not include operating permits emission rate (LAER) should include the most stringent in accordance with ESHB 1089 (Alan Prouty, James River emission limit specified in any state implementation plan Corporation). (SIP) rather than be limited to the Washington SIP only. Evaluation: Agree. This change has been incorporated This will make SW APCA consistent with the federal into the regulation. definition (Mr. Len Dozier). Permanent [ 36] Washington State Register, Issue 93-21 WSR 93-21-004 Comment No. 4: The mechanisms used to implement 107(4). In addition, the proposed language is consistent with RACT determinations should not include operating permits that used by ecology in chapter 173-400 WAC. in accordance with ESHB 1089 (John Surrett, PacifiCorp). SWAPCA 400-090 Voluntary limits on emissions Evaluation: Agree. This change has been incorporated Comment No. 1: A new section on voluntary limits on into the regulation. emissions should be added consistent with WAC 173-400- Comment No. 5: The correction for sulfur dioxide 090 (Alan Prouty, James River Corporation). concentration in 400-040(6) could be accomplished through measurement of either oxygen or carbon dioxide (John Evaluation: Agree. The language from WAC 173-400- Surrett, PacifiCorp). 090 has been added to the proposed SW APCA regulations. This addition will provide a means to achieve federal Evaluation: Agree. Carbon dioxide was added to the enforceability without a SIP amendment. approved diluents for sulfur dioxide correction. This is consistent with the 40 CFR Part 75 monitoring regulations SW APCA 400-100 Registration and operating permits which are applicable to the Centralia Power Plant. Comment No. 1: It is unclear if this section includes residential wood heaters subject to NSPS Subpart AAA. SW APCA 400-052 Stack sampling of major combustion Wood heaters should not be required to register (Sue sources Mauermann, Washington Department of Ecology). Comment No. 1: It should be clarified that the testing Evaluation: Agree. Clarifying language has been added requirements for purposes of compliance determination under to SW APCA 400-100 which states that registration is not this regulation apply to only those sources that have applica- required for residential wood heaters. ble emission standards in place (John Surrett, PacifiCorp). Comment No. 2: As originally written, SW APCA 400- Evaluation: Agree. The suggested clarification to 100 required registration fees for operating permit sources. subsection (6) has been made. Under federal requirements, operating permit fees are to be SWAPCA 400-075 Emission standards for sources emitting assessed rather than registration fees (Sue Mauermann, hazardous air pollutants Washington Department of Ecology). Comment No. 1: SW APCA should wait until the Evaluation: Agree. Clarifying language has been added federally mandated studies regarding the emissions of toxic to SW APCA 400-100 to prevent any double billing and to air pollutants from electric utility steam generating units are specify that registration fees no longer apply to operating completed prior to adopting or establishing standards for permit sources once EPA delegates the Title V program to such sources and pollutants (Dave Shilton, PacifiCorp). SW APCA. During the interim operating permit program Evaluation: Disagree. SW APCA is best served by time period, SWAPCA is already assessing only the operat- adopting WAC 173-400-075 (which will be periodically ing permit fee to applicable companies and is not also updated to incorporate all NESHAP) by reference rather than collecting a registration fee from these sources. adopting a separate regulation. SW APCA does not currently Comment No. 3: Residential wood heaters should not have authority to enforce the NESHAP regulation because be required to register (Alan Prouty, James River Corpora- ecology and SWAPCA have not regularly updated their tion). adoption of the latest NESHAPs regulations. SW APCA may Evaluation: Agree. The suggested change has been risk denial by EPA for delegation of the NESHAP program incorporated into the regulation. if this comment is accepted at this time because it may be SWAPCA 400-101 Sources exempt from registration perceived that SWAPCA has weakened its authority versus requirements that of EPA. Actions to be taken later at the federal level Comment No. 1: Include all food preparation facilities are expected to make this request a reality. rather than limiting the exemptions to merely restaurants and Comment No. 2: Add a subsection stating that "This retail establishments (John Surrett, PacifiCorp). section shall not be applicable for Title V Federal Clean Air Evaluation: Agree. This change has been incorporated Act (FCAA) requirements until such time that the hazardous into the regulation. air pollutant (HAP) regulations are adopted, if at all, for the Comment No. 2: Add a section exempting bulk liquid permitted source" (John Surrett, PacifiCorp). storage, transfer and handling facilities with potential Evaluation: Disagree. SWAPCA needs to adopt WAC emissions of VOCs of less than 1 tpy (John Surrett, 173-400-075 by reference rather than adopt a separate PacifiCorp). regulation for the reasons stated above. Many of the Evaluation: Disagree. Although the suggestion appears NESHAP regulations are currently in effect and applicable reasonable, it has not been incorporated in an effort to to sources under SW APCA jurisdiction. remain consistent with the ongoing development of chapter SW APCA 400-081 Startup and shutdown 173-401 WAC at the state level. ESHB 1089 required a Comment No. 1: Delete the last sentence regarding SIP single statewide permit program. It is the goal of SW APCA amendments (John Surrett, PacifiCorp). to establish and maintain consistency between all programs Evaluation: Disagree. The suggested change is not within SW APCA as well as other programs at the state and being recommended to be adopted. No SIP amendment is local levels. Incorporation of the suggested change might be needed for the Centralia Power Plant to continue operating considered a deviation from ESHB 1089 given the insignifi- in its current manner with respect to start up and shut down cant emissions unit portion under development for inclusion conditions. Emissions occurring during these events are in chapter 173-401 WAC. It may be possible at a later date considered unavoidable in accordance with SW APCA 400- to make the suggested change, however, it is preferable to [ 37] Permanent WSR 93-21-004 Washington State Register, Issue 93-21 wait rather than create exceptions which may be subsequent- a condition of relief under subsections (4), (5) and (6) of this ly negated by action of ecology. section" should be added. Finally, the phrase "taking into Comment No. 3: Add office equipment, supplies and account the total emissions impact of the corrective action" operations to the list of exemptions (John Surrett, should be added after the phrase "minimizing emissions PacifiCorp). during the event" (Alan Prouty, James River Corporation). Evaluation: Agree. The suggested addition has been Evaluation: Agree. All of these suggested changes incorporated into the regulation. have been made to ensure consistency between ecology and Comment No. 4: Add other activities to the exemptions SW APCA. In addition, emissions from upset conditions at list such as degreasing and solvent use and others (John certain facilities will increase if the process or system is shut Surrett, PacifiCorp). down. SWAPCA's goal in such instances is to minimize Evaluation: Disagree. The suggested change is not emissions. Language which was added to WAC 173-400- being recommended to be adopted. Degreasing and solvent 107(3) by ecology regarding potentially health threatening use account for a significant portion of the volatile organic emissions and the promptness of the notification in such compounds and toxic air pollutants emitted within instances was not included in the revised SW APCA rule SWAPCA' s jurisdiction. In addition, a number of the because of perceived confusion that implementation of such activities proposed for exemption have EPA-authored a provision could cause. "Control Technology Guidance" documents issued for Comment No. 4: SWAPCA 400-107(3) should be regulating such activities and/or applicable regulatory modified in accordance with the recent revisions made in requirements. Incorporation of the suggested change may WAC 173-400-107(3) which require only "excess emissions circumvent clear federal policy and guidance and possibly which represent a potential threat to human health or safety violate applicable emission standards. or which the owner or operator of the source believes to be SW APCA 400-105 Records, monitoring and reporting unavoidable shall be reported to the authority or ecology as Comment No. 1: Add criteria under which sampling soon as possible." (Ken Johnson, Weyerhaeuser). and/or monitoring would be required (John Surrett, Evaluation: Disagree. The requested change is not PacifiCorp). being recommended to be made because it is not consistent Evaluation: Disagree. It is not possible for SW APCA with current SWAPCA policy. Industry is already familiar with this current practice of SWAPCA. An upset record is to foresee all of the possible scenarios under which testing kept at SW APCA and updated as upset conditions are and/or monitoring would be required. Therefore, it is reported so that inspectors in the field do not initiate reasonable to leave these determinations to a case-by-case enforcement actions when such actions are unnecessary (as determination by the control officer. In addition, the in the case of unavoidable excess emissions due to process proposed language is consistent with that used by ecology in chapter 173-400 WAC. malfunctions, etc.). In addition, it is possible that any excess emission represents a potential threat to human health and SW APCA 400-107 Excess emissions safety. Weyerhaeuser's comment to ecology requested that Comment No. 1: This section should be restructured to only excess emissions "having a reasonable potential for improve readability (John Surrett, PacifiCorp). significant adverse impact" be reportable. The use of the Evaluation: Disagree. The suggested change is not term "reasonable" as suggested merely creates confusion. In being recommended for adoption. It is debatable whether the same letter submitted to ecology, it is pointed out that readability would improve or be degraded by such revisions. the phrase "as soon as possible" is subject to excessive Comment No. 2: The phrase "demonstrates to the interpretation. The language suggested by the company is no satisfaction of' should be replaced with "adequately demon- less subject to interpretation. strates." In addition, the phrase "this demonstration shall be a condition of relief under subsections (4), (5) and (6) of this SW APCA 400-110 New source review (NSR) and SW APCA section" should be added. Finally, the phrase "taking into 401-900 Fee determination and certification Comment No. 1: A possible "funding gap" is created if account the total emissions impact of the corrective action" EPA does not delegate Title V permitting responsibility should be added after the phrase "minimizing emissions promptly. This potential problem should be addressed by during the event" (Sue Mauermann, Washington Department including all fees for Title V sources in SW APCA 400-100 of Ecology). Evaluation: Agree. All of these suggested changes rather than SWAPCA 401-900 (Sue Mauermann, Washing- have been made to.ensure consistency between ecology and ton Department of Ecology). SW APCA. In addition, emissions from upset conditions at Evaluation: Agree. This change has been incorporated into the regulation. Clarifying language was added to certain facilities will increase if the process or system is shut specify that registration fees will not be assessed to Title V down. SW APCA' s goal in such instances is to minimize emissions. Language which was added to WAC 173-400- sources after EPA delegates the program to SWAPCA. 107(3) by ecology regarding potentially health threatening SW APCA 400-110 New source review (NSR), SW APCA emissions and the promptness of the notification is such 400-112 Requirements for new sources in nonattainment instances was not included in the revised SW APCA rule areas, SW APCA 400-113 Requirements for new sources in because of perceived confusion that implementation of such attainment or nonclassifiable areas, SW APCA 400-114 a provision could cause. Requirements for replacement or substantial alteration of Comment No. 3: The phrase "demonstrates to the emission control technology at an existing stationary source satisfaction of' should be replaced with "adequately demon- Comment No. 1: Ecology will be making several strates." In addition, the phrase "this demonstration shall be changes based on the public input provided during their rule Permanent [ 38] Washington State Register, Issue 93-21 WSR 93-21-004 adoption proceedings. SW APCA should make corresponding Evaluation: SW APCA will adopt chapter 173-401 changes to ensure consistency (Sue Mauermann, Washington WAC by reference rather than proceed with a separate rule. Department of Ecology). Mr. Prouty's comments were evaluated/considered by Evaluation: Agree. A copy of the summary of respons- ecology during the development of chapter 173-401 WAC. es made by Ecology has been received by SW APCA and the Comment No. 3: Mr. Surrett made several comments changes as outlined therein have been incorporated into regarding SW APCA 401 (John Surrett, PacifiCorp). SWAPCA's regulations. Evaluation: SWAPCA will adopt chapter 173-401 SWAPCA 400-112 Requirements for new sources in WAC by reference. Mr. Surrett's comments were evaluat- nonattainment areas ed/considered by ecology during the development of chapter Comment No 1: Daily emission thresholds for offset- 173-401 WAC. ting should not be added to the annual tonnages as this could Comment No. 4: Association of Washington force a new source to obtain offsets that otherwise should Businesses' comments submitted by Mr. Cohen as part of not have to be obtained (Alan Prouty, James River Corpora- the public comment process for SW APCA 401 rule develop- ment are supported by Weyerhaeuser (Ken Johnson, tion). Weyerhaeuser). Evaluation: Disagree. The requested change is not being recommended to be adopted. The purpose of the Evaluation: SWAPCA will adopt chapter 173-401 proposed daily equivalent to the annual emission rates is to WAC by reference rather than adopt a separate rule. Chapter 173-401 WAC reflects the input provided by the prevent adverse air quality impacts potentially caused by Association of Washington Businesses. sources with substantial emissions of nonattainment pollut- Effective Date of Rule: Thirty-one days after filing. ants which may operate only seasonally such as canneries October 6, 1993 and asphalt plants. Some sources may fall under the annual Robert D. Elliott tonnage thresh.old and yet have an equal or greater daily Executive Director impact during seasonal periods of operation as major sources. Reviser's note: The material contained in this filing will appear in SW APCA 400-130 Acquisition and use of emission reduc- the 93-22 issue of the Register as it was received after the applicable tion credits closing date for the issue for agency-typed material exceeding the volume limitations of WAC 1-21-040. Comment No 1: Nitrogen oxides should be included in the inventory for ozone nonattainment areas (Sue Mauermann, Washington Department of Ecology). Evaluation: Agree. This change has been incorporated WSR 93-21-005 into SWAPCA 400-130 (3)(a). PERMANENT RULES SOUTHWEST AIR SW APCA 400-131 Issuance of emission reduction credits POLLUTION CONTROL AUTHORITY Comment No. 1: References to the unadopted and as of [Filed October 7, 1993, 11 :24 a.m.] yet unestablished operating permit program need to be eliminated as Washington state law prohibits referencing Date of Adoption: September 21, 1993. rules not yet completed (Sue Mauermann, Washington Purpose: To establish consistency between federal, state Department of Ecology). and local regulations; and to receive delegation of the Evaluation: Agree. This change has been made as operating permit program pursuant to 40 CFR 70. suggested. Citation of Existing Rules Affected by this Order: Repealing Section 400-120 (Issuance of emission reduction SWAPCA 400-171 Public involvement credits), Section 400-125 (Use of emission reduction credits), Comment No. 1: Regulatory orders used to establish a Section 400-140 (Public involvement), Section 400-150 creditable emission reduction should not be required to go (Variance), Section 400-160 (Use of dispersion techniques), through a public comment process because there is generally Section 400-170 (Monitoring and special report), Section a lack of public interest and undue procedural delays result 400-180 (Maintenance of pay), Section 400-200 (Regulatory (Alan Prouty, James River Corporation). actions), Section 400-210 (Criminal penalties), and Section Evaluation: Agree. The language has been changed to 400-220 (Appeals); and amending SWAPCA 400-130 require public comment for synthetic minors rather than (Acquisition and use of emission reduction credits). creditable emission reductions. Statutory Authority for Adoption: Chapter 70.94 RCW. SWAPCA 401 (General Concern) Pursuant to notice filed as WSR 93-10-078, 93-10-083, Comment No. 1: ESHB 1089 requires one statewide 93-10-084 and 93-10-085 on May 4, 1993. permit program. SWAPCA should adopt chapter 173-401 Changes Other than Editing from Proposed to Adopted WAC by reference rather than promulgating a different rule Version: (Matthew Cohen, Association of Washington Businesses). SWAPCA 400 (General Issues) Evaluation: SWAPCA will adopt chapter 173-401 Comment No. 1: SW APCA should wait until ecology WAC by reference. has completed its rulemaking effort before completing the Comment No. 2: Several comments were made process at SW APCA to provide a high degree of consistency regarding SWAPCA 401 (Alan Prouty, James River Corpo- between the two programs (Matthew Cohen, Association of ration). Washington Businesses). [ 39] Permanent WSR 93-21-005 Washington State Register, Issue 93-21 Evaluation: Agree. SW APCA has waited for ecology "PM-10 emissions" and "prevention of significant deteriora- to complete its rulemaking process. However, it is not clear tion." what degree of interprogram consistency is required under Comment No. 3: The Spokane Indian Reservation ESHB 1089. should not be considered a Class I area for SWAPCA's Comment No. 2: SWAPCA should incorporate regulation (Alan Prouty, James River Corporation). ecology's changes into its regulations. The Association of Evaluation: Agree. SWAPCA's definition of "Class I Washington Businesses has submitted comments to ecology area" was revised to reflect only those areas potentially and a copy of the comments were included with the submit- impacted by emissions from stationary sources within tal (Matthew Cohen, Association of Washington Businesses). SWAPCA's jurisdiction. These areas do not include the Evaluation: Agree. A copy of ecology's summary of Spokane Indian Reservation, but Class I areas in Oregon responses was received by SWAPCA. Ecology's revisions were added. were incorporated into SW APCA's regulation. Nevertheless, Comment No. 4: The word "meteorology" should be several differences between the programs will exist as added after the word "frequency" in definition 400-030(2) outlined in the attached staff memorandum. (John Surrett, PacifiCorp). Comment No. 3: SW APCA should delay final adoption Evaluation: Disagree. The suggested change is not of SW APCA 400 until chapter 173-400 WAC has been recommended to be adopted. SWAPCA's definitions need finalized to ensure consistency (Ken Johnson, to be consistent with EPA and ecology definitions. Weyerhaeuser). Comment No. 5: The word "meteorology" should be Evaluation: Agree. SW APCA has delayed adoption of added after the word "frequency" in definition 400-030(72) SW APCA 400 until chapter 173-400 WAC has been (John Surrett, PacifiCorp). finalized by ecology. Evaluation: Disagree. The suggested change is not Comment No. 4: The comments submitted by Matthew recommended to be adopted. SWAPCA's definitions need Cohen on behalf of the Association of Washington Business- to be consistent with EPA and ecology definitions. es reflect the views of Weyerhaeuser Company and should SWAPCA 400-040 General standards for maximum emis- be considered by SW APCA (Ken Johnson, Weyerhaeuser). sions Evaluation: SWAPCA has reviewed the summary of Comment No. 1: The phrase "or operating permit responses and changes made by Ecology as a result of the condition to the source or sources for" should be replaced inp1.Jt received from Association of Washington Businesses with "or rule requiring the" to prevent conflict with ESHB and made similar revisions throughout the proposed 1089. RACT should not be implemented through the SW APCA regulation to promote consistency. operating permit program (Sue Mauermann, Washington SWAPCA 400-010 Policy and purpose Department of Ecology). Comment No. 1: SW APCA should add language stating Evaluation: Agree. This change has been incorporated that the regulations regarding toxic air pollutants apply only into the regulation. to new or modified sources (John Surrett, PacifiCorp). Comment No. 2: "Category I areas" should be replaced Evaluation: Disagree. The suggested change is not with "nonattainment areas" in 400-040(8) (Sue Mauermann, being recommended to be adopted. NESHAP regulations Washington Department of Ecology). also apply to several existing sources within SWAPCA's Evaluation: Agree. This change has been incorporated jurisdiction. into the regulation. Comment No. 3: The mechanisms used to implement SW APCA 400-030 Definitions RACT determinations should not include operating permits Comment No. 1: The definition of lowest achievable emission rate (LAER) should include the most stringent in accordance with ESHB 1089 (Alan Prouty, James River emission limit specified in any state implementation plan Corporation). (SIP) rather than be limited to the Washington SIP only. Evaluation: Agree. This change has been incorporated This will make SW APCA consistent with the federal into the regulation. definition (Mr. Len Dozier). Comment No. 4: The mechanisms used to implement Evaluation: Agree. This change has been incorporated RACT determinations should not include operating permits into the regulation. in accordance with ESHB 1089 (John Surrett, PacifiCorp). Comment No. 2: Several definitions used in the Evaluation: Agree. This change has been incorporated originally proposed SW APCA regulation revisions are into the regulation. inconsistent with those used by EPA and DOE. All defini- Comment No. 5: The correction for sulfur dioxide tions should remain consistent (Sue Mauermann, Washington concentration in 400-040(6) could be accomplished through Department of Ecology). measurement of either oxygen or carbon dioxide (John Evaluation: Agree. Definitions should remain consis- Surrett, PacifiCorp). tent between SWAPCA and ecology. These changes have Evaluation: Agree. Carbon dioxide was added to the been incorporated into the regulation. The definitions of the approved diluents for sulfur dioxide correction. This is consistent with the 40 CFR Part 75 monitoring regulations following terms were changed to remain consistent: which are applicable to the Centralia Power Plant. "BACT," "building, structure, facility, or installation," "Class I areas," "emission standard," "LAER," "major modification," SWAPCA 400-052 Stack sampling of major combustion "major stationary source," "mandatory Class I areas," "net sources emission increase," "notice of construction application," Comment No. 1 : It should be clarified that the testing requirements for purposes of compliance determination under Permanent [ 40] Washington State Register, Issue 93-21 WSR 93-21-005 this regulation apply to only those sources that have applica- Comment No. 2: As originally written, SW APCA 400- ble emission standards in place (John Surrett, PacifiCorp). 100 required registration fees for operating permit sources. Evaluation: Agree. The suggested clarification to Under federal requirements, operating permit fees are to be subsection (6) has been made. assessed rather than registration fees (Sue Mauermann, SWAPCA 400-075 Emission standards for sources emitting Washington Department of Ecology). hazardous air pollutants Evaluation: Agree. Clarifying language has been added Comment No. I: SWAPCA should wait until the to SW APCA 400-100 to prevent any double billing and to federally mandated studies regarding the emissions of toxic specify that registration fees no longer apply to operating air pollutants from electric utility steam generating units are permit sources once EPA delegates the Title V program to completed prior to adopting or establishing standards for SW APCA. During the interim operating permit program such sources and pollutants (Dave Shilton, PacifiCorp). time period, SW APCA is already assessing only the operat- Evaluation: Disagree. SWAPCA is best served by ing permit fee to applicable companies and is not also adopting WAC 173-400-075 (which will be periodically collecting a registration fee from these sources. updated to incorporate all NESHAP) by reference rather than Comment No. 3: Residential wood heaters should not adopting a separate regulation. SW APCA does not currently be required to register (Alan Prouty, James River Corpora- tion). have authority to enforce the NESHAP regulation because ecology and SW APCA have not regularly updated their Evaluation: Agree. The suggested change has been adoption of the latest NESHAPs regulations. SW APCA may incorporated into the regulation. risk denial by EPA for delegation of the NESHAP program SWAPCA 400-101 Sources exempt from registration if this comment is accepted at this time because it may be requirements perceived that SWAPCA has weakened its authority versus Comment No. 1: Include all food preparation facilities that of EPA. Actions to be taken later at the federal level rather than limiting the exemptions to merely restaurants and are expected to make this request a reality. retail establishments (John Surrett, PacifiCorp). Comment No. 2: Add a subsection stating that "This Evaluation: Agree. This change has been incorporated section shall not be applicable for Title V Federal Clean Air into the regulation. Act (FCAA) requirements until such time that the hazardous Comment No. 2: Add a section exempting bulk liquid air pollutant (HAP) regulations are adopted, if at all, for the storage, transfer and handling facilities with potential permitted source" (John Surrett, PacifiCorp). emissions of VOCs of less than 1 tpy (John Surrett, Evaluation: Disagree. SW APCA needs to adopt WAC PacifiCorp). 173-400-075 by reference rather than adopt a separate Evaluation: Disagree. Although the suggestion appears regulation for the reasons stated above. Many of the reasonable, it has not been incorporated in an effort to NESHAP regulations are currently in effect and applicable remain consistent with the ongoing development of chapter to sources under SW APCA jurisdiction. 173-401 WAC at the state level. ESHB 1089 required a SW APCA 400-081 Startup and shutdown single statewide permit program. It is the goal of SW APCA Comment No. 1: Delete the last sentence regarding SIP to establish and maintain consistency between all programs amendments (John Surrett, PacifiCorp). within SW APCA as well as other programs at the state and Evaluation: Disagree. The suggested change is not local levels. Incorporation of the suggested change might be being recommended to be adopted. No SIP amendment is considered a deviation from ESHB 1089 given the insignifi- needed for the Centralia Power Plant to continue operating cant emissions unit portion under development for inclusion in its current manner with respect to start up and shut down in chapter 173-401 WAC. It may be possible at a later date conditions. Emissions occurring during these events are to make the suggested change, however, it is preferable to considered unavoidable in accordance with SW APCA 400- wait rather than create exceptions which may be subsequent- 107( 4). In addition, the proposed language is consistent with ly negated by action of ecology. Comment No. 3: Add office equipment, supplies and that used by ecology in chapter 173-400 WAC. operations to the list of exemptions (John Surrett, SWAPCA 400-090 Voluntary limits on emissions PacifiCorp). Comment No. 1: A new section on voluntary limits.on Evaluation: Agree. The suggested addition has been emissions should be added consistent with WAC 173-400- incorporated into the regulation. 090 (Alan Prouty, James River Corporation). Comment No. 4: Add other activities to the exemptions Evaluation: Agree. The language from WAC 173-400- list such as degreasing and solvent use and others (John 090 has been added to the proposed SW APCA regulations. Surrett, PacifiCorp). This addition will provide a means to achieve federal Evaluation: Disagree. The suggested change is not enforceability without a SIP amendment. being recommended to be adopted. Degreasing and solvent SW APCA 400-100 Registration and operating permits use account for a significant portion of the volatile organic Comment No. 1: It is unclear if this section includes compounds and toxic air pollutants emitted within residential wood heaters subject to NSPS Subpart AAA. SWAPCA's jurisdiction. In addition, a number of the Wood heaters should not be required to register (Sue activities proposed for exemption have EPA-authored Mauermann, Washington Department of Ecology). "Control Technology Guidance" documents issued for Evaluation: Agree. Clarifying language has been added regulating such activities and/or applicable regulatory to SW APCA 400-100 which states that registration is not requirements. Incorporation of the suggested change may required for residential wood heaters. [ 41 ] Permanent WSR 93-21-005 Washington State Register, Issue 93-21 circumvent clear federal policy and guidance and possibly which represent a potential threat to human health or safety violate applicable emission standards. or which the owner or operator of the source believes to be unavoidable shall be reported to the authority or ecology as SW APCA 400-105 Records, monitoring and reporting soon as possible." (Ken Johnson, Weyerhaeuser). Comment No. 1: Add criteria under which sampling Evaluation: Disagree. The requested change is not and/or monitoring would be required (John Surrett, being recommended to be made because it is not consistent PacifiCorp). with current SW APCA policy. Industry is already familiar Evaluation: Disagree. It is not possible for SW APCA with this current practice of SW APCA. An upset record is to foresee all of the possible scenarios under which testing kept at SW APCA and updated as upset conditions are and/or monitoring would be required. Therefore, it is reported so that inspectors in the field do not initiate reasonable to leave these determinations to a case-by-case enforcement actions when such actions are unnecessary (as determination by the control officer. In addition, the in the case of unavoidable excess emissions due to process proposed language is consistent with that used by ecology in malfunctions, etc.). In addition, it is possible that any excess chapter 173-400 WAC. emission represents a potential threat to human health and SW APCA 400-107 Excess emissions safety. Weyerhaeuser's comment to ecology requested that Comment No. 1: This section should be restructured to only excess emissions "having a reasonable potential for improve readability (John Surrett, PacifiCorp). significant adverse impact" be reportable. The use of the Evaluation: Disagree. The suggested change is not term "reasonable" as suggested merely creates confusion. In being recommended for adoption. It is debatable whether the same letter submitted to ecology, it is pointed out that readability would improve or be degraded by such revisions. the phrase "as soon as possible" is subject to excessive Comment No. 2: The phrase "demonstrates to the interpretation. The language suggested by the company is no satisfaction of' should be replaced with "adequately demon- less subject to interpretation. strates." In addition, the phrase "this demonstration shall be SW APCA 400-110 New source review (NSR) and SW APCA a condition of relief under subsections (4), (5) and (6) of this 401-900 Fee determination and certification section" should be added. Finally, the phrase "taking into Comment No. I: A possible "funding gap" is created i1 account the total emissions impact of the corrective action" EPA does not delegate Title V permitting responsibility should be added after the phrase "minimizing emissions during the event" (Sue Mauerrnann, Washington Department promptly. This potential problem should be addressed by including all fees for Title V sources in SW APCA 400-100 of Ecology). rather than SW APCA 401-900 (Sue Mauermann, Washing- Evaluation: Agree. All of these suggested changes ton Department of Ecology). have been made to ensure consistency between ecology and Evaluation: Agree. This change has been incorporated SW APCA. In addition, emissions from upset conditions at into the regulation. Clarifying language was added to certain facilities will increase if the process or system is shut specify that registration fees will not be assessed to Title V down. SWAPCA's goal in such instances is to minimize sources after EPA delegates the program to SW APCA. emissions. Language which was added to WAC 173-400- 107(3) by ecology regarding potentially health threatening SW APCA 400-110 New source review (NSR), SW APCA emissions and the promptness of the notification is such 400-112 Requirements for new sources in nonattainmen1 instances was not included in the revised SW APCA rule areas, SW APCA 400-113 Requirements for new sources i11 because of perceived confusion that implementation of such attainment or nonclassifiable areas, SWAPCA 400-114 a provision could cause. Requirements for replacement or substantial alteration o1 Comment No. 3: The phrase "demonstrates to the emission control technology at an existing stationary source satisfaction of' should be replaced with "adequately demon- Comment No. 1: Ecology will be making several strates." In addition, the phrase "this demonstration shall be changes based on the public input provided during their rule a condition of relief under subsections (4), (5) and (6) of this adoption proceedings. SW APCA should make corresponding section" should be added. Finally, the phrase "taking into changes to ensure consistency (Sue Mauerrnann, Washington account the total emissions impact of the corrective action" Department of Ecology). should be added after the phrase "minimizing emissions Evaluation: Agree. A copy of the summary of respons- during the event" (Alan Prouty, James River Corporation). es made by Ecology has been received by SW APCA and the Evaluation: Agree. All of these suggested changes changes as outlined therein have been incorporated intc have been made to ensure consistency between ecology and SWAPCA's regulations. SW APCA. In addition, emissions from upset conditions at SWAPCA 400-112 Requirements for new sources i~ certain facilities will increase if the process or system is shut nonattainment areas down. SW APCA' s goal in such instances is to minimize Comment No 1: Daily emission thresholds for offset· emissions. Language which was added to WAC 173-400- ting should not be added to the annual tonnages as this couk 107(3) by ecology regarding potentially health threatening force a new source to obtain offsets that otherwise shouk emissions and the promptness of the notification in such not have to be obtained (Alan Prouty, James River Corpora- instances was not included in the revised SW APCA rule tion). because of perceived confusion that implementation of such Evaluation: Disagree. The requested change is no1 a provision could cause. being recommended to be adopted. The purpose of the Comment No. 4: SWAPCA 400-107(3) should be proposed daily equivalent to the annual emission rates is tc modified in accordance with the recent revisions made in prevent adverse air quality impacts potentially caused b) WAC 173-400-107(3) which require only "excess emissions Permanent [ 42] Washington State Register, Issue 93-21 WSR 93-21-005 sources with substantial emissions of nonattainment pollut- October 6, 1993 ants which may operate only seasonally such as canneries Robert D. Elliott and asphalt plants. Some sources may fall under the annual Executive Director tonnage threshold and yet have an equal or greater daily impact during seasonal periods of operation as major Reviser's note: The material contained in this filing will appear in sources. the 93-22 issue of the Register as it was received after the applicable closing date for the issue for agency-typed material exceeding the volume SWAPCA 400-130 Acquisition and use of emission reduc- limitations of WAC 1-21-040. tion credits Comment No I: Nitrogen oxides should be included in the inventory for ozone nonattainment areas (Sue Mauermann, Washington Department of Ecology). WSR 93-21-006 Evaluation: Agree. This change has been incorporated PERMANENT RULES DEPARTMENT OF HEALTH into SWAPCA 400-130 (3)(a). (Board of Practical Nursing) SW APCA 400-13 l Issuance of emission reduction credits [Filed October 7, 1993, 2:05 p.m.] Comment No. I: References to the unadopted and as of Date of Adoption: September 16, 1993. yet unestablished operating permit program need to be Purpose: Housekeeping changes to update terminology, eliminated as Washington state law prohibits referencing clarify language and add new sections pertaining to licensee rules not yet completed (Sue Mauermann, Washington address of record, conduct before the board and adjudicative Department of Ecology). proceedings procedural rules. Evaluation: Agree. This change has been made as Citation of Existing Rules Affected by this Order: suggested. Repealing WAC 246-838-320; and amending WAC 246-838- SWAPCA 400-171 Public involvement 050, 246-838-090, 246-838-110, 246-838-120, 246-838-130, Comment No. I: Regulatory orders used to establish a and 246-838-270. creditable emission reduction should not be required to go Statutory Authority for Adoption: RCW 18.78.050. through a public comment process because there is generally Pursuant to_ notice filed as WSR 93-16- IO 1 on August a lack of public interest and undue procedural delays result 4, 1993. (Alan Prouty, James River Corporation). Effective Date of Rule: Thirty-one days after filing. Evaluation: Agree. The language has been changed to January [October] 6, 1993 require public comment for synthetic minors rather than Patricia 0. Brown, RN, MSN creditable emission reductions. Executive Director SWAPCA 401 (General Concern) AMENDATORY SECTION (Amending Order 296B, filed Comment No. I: ESHB 1089 requires one statewide 8/10/92, effective 9/10/92) permit program. SWAPCA should adopt chapter 173-401 WAC by reference rather than promulgating a different rule WAC 246-838-050 Licensing examination ((flfltl (Matthew Cohen, Association of Washington Businesses). pessiag seape)). (1) ((The ettffeHt series ef the :P.latieHal Evaluation: SW APCA will adopt chapter 173-40 I CettHeil ef State Beart l ef P.lttrsiflg Praetieal P.lttrse B1taffliHa WAC by reference. tieH (NCLBX) shall ee the effieial eJlaffliHatieH fer vraetieal Comment No. 2: Several comments were made Httrse lieeHsttre. regarding SWAPCA 401 (Alan Prouty, James River Corpo- (2) The :P.lCLEX will eeHsist ef twe tests with the seere ration). fer the tetal eiutffliHatiefl revertet:l as either vass er fail. Evaluation: SWAPCA will adopt chapter 173-401 E' JlftffliflfttieflS shall ee eeAt lttetet J twiee ft year, ifl WAC by reference rather than proceed with a separate rule. Avril aHt:l Oeteeer. Mr. Prouty' s comments were evaluated/considered by t4f )) In order to be licensed in this state, all practical ecology during the development of chapter 173-40 I WAC. nurse applicants shall take and pass the National Council Comment No. 3: Mr. Surrett made several comments Licensure Examination (NCLEX) for Practical Nurses. regarding SW APCA 401 (John Surrett, PacifiCorp). ill The executive secretary of the board shall negotiate Evaluation: SW APCA will adopt chapter 173-401 with the National Council of State Boards of Nursing, Inc. WAC by reference. Mr. Surrett's comments were evaluat- (NCSBN) for the use of the NCLEX. ed/considered by ecology during the development of chapter ((~))ill The examination shall be administered in 173-401 WAC. accord with the NCSBN security measures and contract. All Comment No. 4: Association of Washington appeals of examination ((5eefe!Y)) results shall be managed in Businesses' comments submitted by Mr. Cohen as part of accord with policies in the NCSBN contract. the public comment process for SW APCA 401 rule develop- ment are supported by Weyerhaeuser (Ken Johnson, AMENDATORY SECTION (Amending Order l 75B, filed Weyerhaeuser). 6/11/91, effective 7/12191) Evaluation: SWAPCA will adopt chapter 173-401 WAC 246-838-090 Licensure of graduates of foreign WAC by reference rather than adopt a separate rule. schools of nursing. Applicants who received their nursing Chapter 173-401 WAC reflects the input provided by the education outside the United States or its territories shall Association of Washington Businesses. meet the following requirements for licensing: Effective Date of Rule: Thirty-one days after filing. [ 43 J Permanent WSR 93-21-006 Washington State Register, Issue 93-21 ( 1) Satisfactory completion of a basic nursing education (a) This permit expires when a license is issued or when program approved by the country of original licensure. The the candidate receives first notice of failure, whichever is the nursing education program shall be equivalent to the mini- earliest date. The permit is not renewable. mum standards prevailing for state board approved schools (b) An applicant who does not write the examination on of practical nursing in Washington at the time of graduation. the date scheduled shall return the permit within three days (2) Satisfactory passage of the test of English as a to the division of professional licensing. foreign language (TOEFL). All applicants with nursing (c) The interim permit authorizes the holder to perform educations obtained in countries outside of the United States functions of practical nursing as described in chapter 18.78 and never before licensed in another jurisdiction or territory RCW. The holder of an interim permit must practice under of the United States, shall be required to take the TOEFL the direct supervision of a health professional as defined in and attain a minimum score of fifty in each section. Once RCW 18.78.010, cannot work as a charge nurse, and cannot an applicant obtains a score of fifty in a section, the board work for employment agencies or nursing pools. will require reexamination and passage only in the section(s) (d) It is in violation of the law regulating the practice of failed. Passage of all sections of the TOEFL must be practical nursing to use the title "licensed practical nurse." attained and the applicant must cause TOEFL services to The title "graduate practical nurse," or its abbreviation forward directly to the board a copy of the official G.P.N., may be used. examinee's score record. These results must be timely (3) Limited educational license. A limited educational received with the individual's application before the NCLEX license may be issued to a person who has been on inactive can be taken. Exceptions may be made, in the board's or lapsed status for. three years or more and who wishes to discretion and for good cause, to this requirement. return to active status (see WAC 246-838-130). This license (3) All other requirements of the statute and regulations is valid only while working under the direct supervision of shall be met. a preceptor and is not valid for employment as a practical (4) File with the board of practical nursing a completed nurse. license application with the required fee prior to February 15 (4) Inactive license. A license issued to a practical for the April examination and prior to August 15 for the nurse who is temporarily or permanently retired from October examination. The fees are not refundable. practice. The holder of an inactive license shall not practice (5) Submit one recent United States passport identifica- practical nursing in this state. tion photograph of the applicant unmounted and signed by the applicant across the front. AMENDATORY SECTION (Amending Order 331B, filed (6) Request the school of nursing to submit an official 2/1/93, effective 3/4/93) transcript directly to the board of practical nursing. The WAC 246-838-120 Renewal of licenses. (1) Individu- transcript shall contain the date of graduation and the als making applications for initial license and examination, credential conferred, and shall be in English or accompanied provided they meet all such requirements, will be issued a by an official English translation notarized as a true and license, to expire on their birth anniversary date. correct copy. (2) Individuals making application for initial license (7) File an examination application, along with the with the state of Washington under the interstate endorse- required fee, directly with the testing service. ment regulations, provided they meet all such requirements, (8) Successfully pass the current state board licensing will be issued a license, to expire on their birth anniversary examination for practical nurses or show evidence of having date. already successfully passed the state board licensing exami- (3) Issuance of license - Licensed practical nurses who nation for practical nurses in another jurisdiction or territory complete the renewal application accurately, are practicing of the United States with the passing ((~)) standard practical nursing in compliance with the law, and pay the required in Washington. renewal fee and surcharge fee as stated in WAC 246-838- 330 and 246-838-990, shall be issued a license to practice. AMENDATORY SECTION (Amending Order 231B, filed ((Sko1:1la tke lieeRsee fail to reRew kis or ker lieeRse prior to 12/27/91, effective 1/27/92) tke eltpiratioR sate, tke iRaivia1 1al is s1 1Bjeet to tke)) Any WAC 246-838-110 Documents which indicate renewal that is postmarked or presented to the department authorization to practice. The following documents are the after midnight on the expiration date is late, and subject to only documents that indicate legal authorization to practice a late renewal penalty fee as stated in RCW 18.78.090. If as a practical nurse in Washington. the licensee fails to renew the license within one year from (I) License - Active status. A license is issued upon date of expiration, application for renewal of license shall be completion of all requirements for licensure and confers the made under statutory conditions then in force. right to use the title licensed practical nurse and its abbrevia- (4) A license, active or inactive, that is not renewed is tion, L.P.N., and to practice in the state of Washington. considered lapsed. If the licensee fails to renew the license (2) Interim permit. An interim permit may be issued to within three years from the expiration date, the individual a graduate from an approved practical nursing program who must also meet the requirements of WAC 246-838-130. has met all qualifications, has filed an application for (5) Illegal practice - Any person practicing as a licensed examination, and is eligible for admission to the licensing practical nurse during the time that such individual's license examination. is inactive or has lapsed shall be considered an illegal practitioner and shall be subjected to the penalties provided for violators under the provisions of RCW 18.130.190. Permanent [ 44] Washington State Register, Issue 93-21 WSR 93-21-006 (6) ((It is the lieeRsee's resfleRsieility te iRfeFlfl the (i) Nursing process; beard ef ehaRges ef address.)) Licensees who fail to renew (ii) Pharmacology; their license on or before its expiration date will remit to the (iii) Review of the concepts in the areas of: department a late penalty fee in addition to the annual (A) Practical nursing today including legal expectations; renewal fee. (B) Basic communications and observational practices needed for identification, reporting, and recording patient NEW SECTION needs; and WAC 246-838-121 Responsibility for maintaining (C) Basic physical, biological, and social sciences mailing address. It is the responsibility of each licensee to necessary for practice; and maintain a current mailing address on file with the board (iv) Review and updating of practical nursing knowledge which shall be used for mailing of all official matters from and skills to include, but not be limited to, concepts of the board to the licensee. If charges against the licensee are fundamentals, medical/surgical, parent/child, geriatric, and mailed by certified mail to the address on file with the board mental health nursing. and returned unclaimed or are unable to be delivered for any (d) The clinical course content shall include a minimum reason, then the board shall proceed against the licensee by of one hundred twenty hours of clinical practice in the default under RCW 34.05.440. area(s) listed in (c) of this subsection. Exceptions shall be justified to and approved by the board. AMENDATORY SECTION (Amending Order 175B, filed- (4) Evaluation. 6/11/91, effective 7 /12/91) (a) Evaluation methods shall be used to measure the student's achievement of the stated theory and clinical WAC 246-838-130 Return to active status from objectives. inactive or lapsed status. Persons on inactive and/or lapsed (b) The course shall be periodically evaluated by faculty status for three years or more, who do not hold a current and students. active license in any other United States jurisdiction and who (5) Admission requirements. wish to return to active status shall be issued a limited (a) Requirements for admission shall be available in educational license to enroll in a board approved refresher writing. course. The limited educational license is valid only while (b) All students shall hold a current valid practical nurse working under the direct supervision of a preceptor and is license or apply and be eligible for a limited educational not valid for employment as a practical nurse. Upon license approved by the board. successful completion of the course, the individual's license (c) Any person holding an inactive or lapsed practical shall be returned to active status. nurse license in another state may apply for a limited educational license provided that the applicant meets the AMENDATORY SECTION (Amending Order 175B, filed requirements of WAC 246-838-100. 6/1 1/91, effective 7 /12/91 ) (6) Records. WAC 246-838-270 Criteria for approved refresher (a) Evidence that the student has successfully completed course. (1) Philosophy, purpose, and objectives. the course and met the stated objectives shall be kept on file. (a) Philosophy, purpose, and objectives of the course (b) The refresher course provider shall submit a certifi- shall be clearly stated and available in written form. They cation of successful completion of the course to the board. shall be consistent with the definition of practical nursing as (7) Refresher courses taken outside of the state of outlined in chapter 18.78 RCW. Washington shall be reviewed individually for approval by the board prior to starting the course. (b) Objectives reflecting the philosophy shall be stated in behavioral terms and describe the capabilities and compe- (8) Approval of refresher courses shall be requested and tencies of the graduate. approved in advance as directed by the board. (2) Faculty. NEW SECTION (a) All faculty shall be qualified academically and professionally for their respective areas of responsibility. WAC 246-838-340 Executive secretary qualifications. (b) All faculty shall be qualified to develop and imple- The executive secretary shall have the following qualifica- ment the program of study. tions: (c) Faculty shall be sufficient in number to achieve the (I) License to practice as a registered nurse in this state; stated program objectives. (2) Master's degree in nursing from an accredited (3) Course content. college or university; (a) The course content shall consist of a minimum of (3) At least five years experience in the field of nursing sixty hours of theory content and one hundred twenty hours to include at least two years prior to the time of appoint- of clinical practice. ment; and (b) The course content, length, methods of instruction, (4) At least two years experience in nursing education. and learning experiences shall be consistent with the philoso- phy and objectives of the course. Outlines and descriptions NEW SECTION of all learning experiences shall be available in writing. (c) The theory course content shall include, but not be WAC 246-838-350 Appearance and practice before limited to, a minimum of sixty hours in current basic agency-Standards of ethical conduct. All persons concepts of: appearing in proceedings before tlie Washington state board of practical nursing in a representative capacity shall [ 45 ] Permanent WSR 93-21-006 Washington State Register, Issue 93-21 conform to the standards of ethical conduct required of October 7, 1993 attorneys before the courts of Washington. If any such S. A. Moon person does not conform to such standards, the Washington Deputy Secretary state board of practical nursing may decline to permit such person to appear in a representative capacity in any proceed- NEW SECTION ing before it. WAC 468-38-075 Overlength exemptions. Single trailers and/or loads not exceeding fifty-six feet in length, REPEALER double trailers and/or loads not exceeding sixty-eight feet in The following section of the Washington Administrative length, nonreducible loads (including trailer) not exceeding Code is repealed: sixty-one feet in length, and vehicles with front overhangs not exceeding four feet beyond the three foot legal limit set WAC 246-838-320 Executive secretary qualifica- in RCW 46.44.034 (see also bumper criteria in RCW tions. 46.37.517), may move by special motor vehicle permit without regard to oversize load signs (WAC 468-38-190), NEW SECTION weekend curfew or holiday restrictions (WAC 468-38-230), WAC 246-838-360 Adjudicative proceedings proce- commuter traffic restrictions (WAC 468-38-235), or night- dural rules. The Washington state board of practical time movement restrictions (WAC 468-38-260). nursing adopts the model procedural rules for adjudicative A power unit having tandem drive axles pulling a single proceedings as adopted by the department of health and trailer and/or load not exceeding fifty-six feet or a contained in chapter 246-11 WAC, including subsequent nonreducible load not exceeding sixty-one feet is exempt amendments. from that portion of the winter road restrictions (WAC 468- 38-390) prohibiting movement in areas where any of the following signs are displayed: "Traction tires advised," "approved traction tires recommended," "approved traction WSR 93-21-007 tires required," or "tire chains required." The signs, howev- PERMANENT RULES er, must be obeyed. DEPARTMENT OF HEALTH (Veterinary Board of Governors) [Filed October 7, 1993, 2:08 p.m.] Date of Adoption: August 2, 1993. WSR 93-21-014 Purpose: Adoption of model rules for adjudicative PERMANENT RULES PARKS AND RECREATION proceedings authorized by the Veterinary Board of Gover- COMMISSION nors. [Filed October l l, 1993, 10:12 a.m.] Statutory Authority for Adoption: RCW 18.92.030. Pursuant to notice filed as WSR 93-13-052 on June 15, Date of Adoption: September 17, 1993. 1993. Purpose: Specify testing procedures required by the Effective Date of Rule: Thirty-one days after filing. 1993 state legislature. August 2, 1993 Statutory Authority for Adoption: RCW 43.51.400. Jerry Harsch Pursuant to notice filed as WSR 93-16-066 on July 30, Chairman 1993. Changes Other than Editing from Proposed to Adopted NEW SECTION Version: Deletion of S l .4A- I 985 under WAC 352-67- 020(6) has the effect of making the sound level mete1 WAC 246-933-190 Adjudicative proceedings. The requirement less stringent. board adopts the model procedural rules for adjudicative Effective Date of Rule: Thirty-one days after filing. proceedings as adopted by the department of health and September 20, 199~ contained in chapter 246-11 WAC, including subsequent Robert C. Petersen amendments. Chai1 Chapter 352-67 WAC VESSEL SOUND LEVEL MEASUREMENT WSR 93-21-008 PROCEDURES PERMANENT RULES DEPARTMENT OF TRANSPORTATION [Order 139-Filed October 8, 1993, 1 :48 p.m.) NEW SECTION Date of Adoption: October 7, 1993. WAC 352-67-010 Purpose. The purpose of thesf Purpose: Places administrative policy regarding rules is to adopt vessel sound level measurement procedures exemptions for specific overlength vehicles into rule. These rules are adopted pursuant to chapter 88.12 RC\\ Statutory Authority for Adoption: RCW 46.44.090. Regulation of motor boats, under authority of chapter 88.1: Pursuant to notice filed as WSR 93-17-067 on August RCW and RCW 43.51.400. These test procedures are basec 17, 1993. on SAE recommended practices SAE J 1970, Shorelinf Effective Date of Rule: Thirty-one days after filing. Sound Level Measurements Procedure, and SAE 12005 Permanent [ 46) Washington State Register, Issue 93-21 WSR 93-21-014 Stationary Sound Level Measurement Procedures for literature furnished by the instrument manufacturer should be Pleasure Motorboat, and are obtained from and printed with consulted for both recommended operation of the instrument, the permission of the Society of Automotive Engineers Inc., and precautions to be observed. 400 Commonwealth Drive, Warrendale, PA 15096-0001. (3) A measurement shall be invalid if changes in the background sound level affect the applicable reading. NEW SECTION WAC 352-67-020 Definitions. As used in this chapter, unless the context clearly indicates otherwise: WAC 352-67-050 Specific requirements. (I) A "dB" means the sound pressure level in decibels person who is qualified to conduct sound level measurement measured using the "A" weighting network on a sound level procedures may use either the shoreline sound level measure- meter. ment procedure, or the stationary sound level measurement "Commission" means the state parks and recreation procedure, or both. commission. (2) The shoreline sound level measurement procedure "Muffler" or "muffler system" means a sound suppres- shall be performed as follows: sion device or system, including an underwater exhaust (a) A suitable measurement site is the shore of a body system, designed and installed to abate the sound of exhaust of water, or dock projecting out from the shore into the body gases emitted from an internal combustion engine and that of water, or a raft, or a vessel moored to a dock, or anchored prevents excessive or unusual noise. so that the sound level meter or microphone is not more than "Operate" means to steer, direct, or otherwise have six meters (twenty feet) from shore. If the measurement is physical control of a vessel that is underway. made from a dock, the dock shall be of open construction so "Operator" means an individual who steers, directs, or that it presents a minimum of reflecting surfaces. The area otherwise has physical control of a vessel that is underway around the microphone and vessel being measured shall be or exercises actual authority to control the person at the free of large obstructions or reflective surfaces including but helm. not limited to buildings, high embankments, sea walls, hills, "Owner" means a person who has a lawful right to large piers, or breakwaters, for a minimum distance of thirty possession of a vessel by purchase, exchange, gift, lease, meters (one hundred feet). inheritance, or legal action whether or not the vessel is (b) The applicable reading does not require that the subject to a security interest. vessel subject to the procedure be at any specific distance "Sound level meter" means a device which measures from the shoreline or microphone. sound pressure levels and conforms to Type I or Type 2 as (c) This measurement procedure shall not be used specified in the American National Standards Institute during the time period of thirty seconds following engine (ANSI), Specifications for Sound Level Meters, S 1.4-1983. start-up and/or preceding engine shutdown. "Vessel" includes every description of watercraft on the (d) The microphone shall be placed 1.2 meters to 1.5 water, other than a seaplane, used or capable of being used meters (four feet to five feet) above the water, and no less as a means of transportation on the water. However, it does than 0.6 meter (two feet) above the curve of the shore, dock, not include inner tubes, air mattresses, and small rafts or or platform. If on a dock or platform, the microphone shall flotation devices or toys customarily used by swimmers. be placed near or beyond the end of the dock or platform. "Waters of the state" means any waters within the If the measurement is made from a vessel, the microphone territorial limits of Washington state. shall be held at a height of not less than 0.6 meter (two feet) above the surface of the water. A suitable vessel for this NEW SECTION purpose is of open hull construction. WAC 352-67-030 Instrumentation. (I) A sound level (e) The meter shall be set for slow response and the A- meter which meets Type I or Type 2 specifications shall be weighting network on the sound level meter. used. (f) The observer reading the meter shall not be closer (2) A microphone windscreen that does not affect the than arm's length from the microphone. Only one other overall reading by more than ±0.5 dB shall be used. person may be within fifteen meters (fifty feet) of the (3) A sound level calibrator shall be used to calibrate microphone when measuring from the dock or shoreline, and the sound level meter. Proper acoustical calibration shall that person shall be directly behind the observer reading the sound level meter. comprise the complete measurement system including extension cables, etc. Field calibration s.hall be performed (g) The applicable reading shall be the highest sound immediately before and after each test sequence. level measured during a period when the background sound level is at least ten dB lower than the maximum allowable NEW SECTION sound level. Background sound level includes wind effects, noise from boats other than the one being measured, wave WAC 352-67-040 General requirements. The action, boat wakes, and other extraneous noises. Readings following general requirements shall be followed when due to hull slaps which create intermittent sound levels shall conducting sound level measurement procedures: be disregarded. (I) The measurements shall be conducted only by (h) The observer shall record the applicable reading and persons qualified by training to perform these procedures. the background sound levels taken immediately before and (2) Proper use of all test instrumentation is essential to immediately after applicable reading. obtain valid measurements. Operating manuals or other [ 47] Permanent WSR 93-21-014 Washington State Register, Issue 93-21 (i) When sound level readings are taken from inside a Citation of Existing Rules Affected by this Order vessel, three dB shall be subtracted from the reading to Amending WAC 246-918-005 and 246-918-250. better correlate with shoreline readings. Statutory Authority for Adoption: RCW 18.71A.020. (3) The stationary sound level measurement procedure Other Authority: RCW 18.71.060. shall be performed as follows: Pursuant to notice filed as WSR 93-17-042 on Augus (a) A suitable measurement site is a body of water free 12, 1993. of large obstructions or reflective surfaces including but not Effective Date of Rule: Thirty-one days after filing. limited to buildings, vessels other than those involved in the October 6, 199: procedure, large embankments, or breakwaters, for a mini- Beverly A. Teete mum distance of eight meters (twenty-five feet) from the Program Manage vessel being measured. The vessel being tested shall either be moored to a dock or lashed to another vessel. If moored NEW SECTION to a dock, the dock shall be of open construction so that it WAC 246-918-009 Adjudicative proceedings. Thi presents a minimum of reflecting surfaces. If the measure- board adopts the model procedural rules for adjudicativ1 ment is made in open water, the vessel being measured shall proceedings as adopted by the department of health an< be lashed to the measurement vessel to prevent relative contained in chapter 246-11 WAC, including subsequen motion and to allow positioning of the microphone in the amendments. prescribed location. The measurement vessel shall be positioned to minimize reflected sound. AMENDATORY SECTION (Amending Order 278B, file1 (b) The engine or motor of the vessel being evaluated 6/3/92, effective 7/4/92) shall be operated at low idle speed within the engine manufacturer's recommended operating range, in neutral gear WAC 246-918-005 Definitions. The following term if so equipped. For vessels without a neutral gear, the used in this chapter shall have the meanings set forth in thi engine or motor shall be operated at its lowest operational section unless the context clearly indicates otherwise: speed. The engine or motor shall be operated for a suffi- (1) "Certified physician assistant" means an individua cient amount of time to allow water to flow through the who has successfully completed an American Medica exhaust system before taking measurements. Association accredited and board approved physicia (c) The microphone shall be placed at a distance of 1.2 assistant program and has passed the initial national board meters to 1.5 meters (four feet to five feet) above the water examination administered by the National Commission o and no closer than one meter (3.3 feet) from the vertical Certification of Physician Assistants (NCCPA). projection of any part of the vessel in the area adjacent to (2) "Physician assistant" means an individual who hm the exhaust outlet(s). (a) Successfully completed an American Medica (d) The meter shall be set for slow response and the A- Association accredited and board approved physicia weighting network. · assistant program and is eligible for the NCCPA examina (e) The observer reading the meter shall not be closer tion; than arm's length from the microphone to minimize sound (b) Qualified based on work experience and educatio reflections. and was licensed prior to July 1, 1989; or (f) The applicable reading shall be the average sound (c) Graduated from a foreign medical school and wa level measured during a period when the background sound licensed prior to July I, 1989. level is at least ten dB lower than the measured sound level. (3) "Physician assistant-surgical assistant" means a Background sound level includes wind effects, noise from individual who was licensed as a physician assistant betwee vessels other than the one being measured, wave action, September 30, 1989, and December 31, 1989, to function i vessel wakes, and other extraneous noises. Peak readings of a limited extent as authorized in WAC 246-918-230. intermittent sound levels created by wave slaps or changes (4) "Licensee" means an individual licensed as in sound level due to wave action and/or engine or motor certified physician assistant ((ef-ft}),_ physician assistant,_J; speed variation shall not be included in the applicable physician assistant-surgical assistant. reading. (5) "Board approved program" means a physicia (g) The observer shall record the applicable reading and assistant program that maintains Committee on Allied Heall the background sound levels taken immediately before and Education and Accreditation standards as defined in th immediately after the applicable reading. "essentials" of the council of medical education of th American Medical Association. (6) "Sponsoring physician" means the physician who responsible for consulting with a certified physician assistan WSR 93-21-016 An appropriate degree of supervision is involved. PERMANENT RULES (7) "Supervising physician" means the physician who DEPARTMENT OF HEALTH responsible for closely supervising, consulting, and reviewin [Filed October 11, 1993, 10:48 a.m.] the work of a physician assistant. Date of Adoption: September 24, 1993. Purpose: To amend existing rules to change the title of surgical assistants to physician assistant-surgical assistant and also establish rules for adjudicative proceedings. Permanent [ 48] Washington State Register, Issue 93-21 WSR 93-21-016 AMENDATORY SECTION (Amending Order 278B, filed shall demonstrate evidence satisfactory to the board of 6/3/92, effective 7/4/92) having completed a remedial or refresher medical course approved by the board prior to being permitted to take the WAC 246-918-250 Basic physician assistant-surgical examination again. Applicants who do not pass after the assistant duties. The physician assistant-surgical assistant ~ourth sitting ma~ not take the examination without complet- who is not eligible to take the NCCPA certifying exam shall: ing ((anether Fes1Eiene)' tiregram)) an additional year of post- (1) Function only in the operating room as approved by graduate training or satisfying any other conditions specified the board; by the board. (2) Only be allowed to close skin and subcutaneous (((El) AflfllieaRts will be eligiele te take FLEX I after tissue, placing suture ligatures, clamping, tying and clipping of blood vessels, use of cautery for hemostasis under direct eemfJletien ef medieal seheel and satisfaetery verifieatien ef geed standing in a beard ElflflFS'red tJSStgrad1:1ate training supervision; . (3) Not be allowed to perform any independent surgical tJFegram. FLEX II may enly ee taken after haYing eemtilet procedures, even under direct supervision, and will be ed .e~ s1 1estantially eemfJleted the first year ef flSStgrnd1 1ate tFa1n1ng . P,·'fwitl ed, That after eemfJleting er s1 1estantially allowed to only assist the operating surgeon; ee~.tilettng ene )'ear ef a eeard afJfJreYed tiestgrad1:1ate (4) Have no prescriptive authority; and tra1n1ng tiregram, an liflt>lieant hes the etit ien ef tak-ing H E X (5) Not write any progress notes or order(s) on hospital- II SF taking eeth FLEX I aREi HoEX II in a single sitting.)) ized patients, except operative notes. ( 4 ~ Only those FLEX candidates who have been approved pnor to the December 1993 FLEX examination and who have pas~e~ FLEX Component 2, but not FLEX Component WSR 93-21-017 1, are ehg1ble to take the 1994 special administration of PERMANENT RULES FLEX Component 1. DEPARTMENT OF HEALTH (5) To be eligible for NBME Part III or USMLE Step [Filed October 11, 1993, 10:50 a.m.] 3, the applicant must: Date of Adoption: September 24, 1993. (a) Have obtained the MD degree; Purpose: To amend existing rules to prepare for new (b) Have completed successfully both Parts I and II or licensure examination and to establish rules for adjudicative Steps 1 and 2 or Part I and Step 2 or Step 1 and Part II; proceedings. f c) Be certified by the education council of foreign Citation of Existing Rules Affected by this Order: med~cal graduates (ECFMG) if a graduate of a foreign Amending WAC 246-917-100, 246-917-110, and 246-917- medical school, or have successfully completed a fifth pathway program; and 120. Statutory Authority for Adoption: RCW 18.71.060 and (d) Have completed, or be near completion, of at least one post-graduate training year in a program of graduate 18.71.070. medical education accredited by the Accreditation Council Pursuant to notice filed as WSR 93-17-043 on August 12, 1993. for Graduate Medical Education. Effective Date of Rule: Thirty-one days after filing. (6) Examination combinations acceptable. Any appli- October 6, 1993 cant who has successfully completed Part I (NBME) or Step Beverly A. Teeter 1 (USMLE) plus Part II or Step 2 plus Part III or Step 3; or Program Manager FLEX Component 1 plus Step 3; or Part I or Step 1, plus Part II or Step 2, plus FLEX Component 2 shall be deemed AMENDATORY SECTION (Amending Order 148B, filed to have successfully completed a medical licensure examina- 2/28/91, effective 3/31/91) tion as required by RCW 18. 71.070. (For clarification see Table l.) WAC 246-917-100 Examination scores. Examina- tions given by the Washington state board of medical AMENDATORY SECTION (Amending Order 147B, filed examiners: 2/26/91, effective 3/29/91) ((W)) ill The board adopts the ((ex1rn'liRatieR ef the WAC 246-917-110 FLEX examination standards. federatieR ef state lieeRsing eeaFEis)) United States Medical Reciprocity applicants who were licensed by passing the Licensing Examination (USMLE) as the examination FLEX examination will be eligible for examination waiver ((-gi-Yeft)) accepted by the board. ((fbt)) ill The minimal passing scores for each compo- if the applicant received a FLEX ((weighed)) weighted nent of ((the FLEX I aREi II examiRatiens)) any approved average score of at least 75. The score may be obtained in examination combination shall be seventy-five percent. a single setting of the three-day examination or by averaging ((W)) ill Applications for examination shall remain the individual day scores from different examinations. The valid for two years (four examination cycles). Applicants individual day scores will be averaged according to the following formula: who do not pass the examination within the two-year period Day 1 equals 1/6. must submit a new application and meet the licensure eligibility requirements in effect at the time of the new Day 2 equals 2/6. application. Day 3 equals 3/6. The overall average score shall be truncated to the nearest Applicants who do not pass ((tfte.)) Step 3 of the wholy number (i.e., an average of 74.9 equals 74). Single USMLE examination after three sittings within seven years after passing the first examination, either Step I or Step 2, subject averaging is not permitted. The board will accept the [ 49 J Permanent WSR 93-21-017 Washington State Register, Issue 93-21 FLEX weighted average of 75 reported from the feder~tion WSR 93-21-020 of state medical boards. All FLEX scores must be submitted PERMANENT RULES directly from the federation of state medical boards. FLEX SPOKANE COUNTY AIR scores reported by other states will not be accepted. POLLUTION CONTROL AUTHORITY [Filed October I I, 1993, 4:30 p.m.] AMENDATORY SECTION (Amending Order 147B, filed 2/26/91, effective 3/29/91) Date of Adoption: October 7, 1993. Purpose: Reduce impact of winter traction material on WAC 246-917-120 Examinations accepted for ambient air quality and bring the Spokane area into compli- reciprocity or waiver. (1) The board of medical examiners ance with federal clean air standards. may accept certain examinations as a basis for reciprocity or Statutory Authority for Adoption: Clean Air Washing- waiver of examination. These include the examinations ton Act, RCW 70.94.151. given by the federation of state licensing boards (FLEX), Pursuant to notice filed as WSR 93-18-075 on August and those given by other states. The minimum passing score 31, 1993. will depend upon the quality of the examination using the Effective Date of Rule: Thirty-one days after filing. FLEX I and II examination as a guide. October 8, 1993 (2) An applicant who has satisfactorily passed examina- Ronald J. Edgar tions given by the National Board of Medical Examiners; or Chief of Technical Services the Medical Council of Canada and holds a valid LMCC certificate obtained after 1969, may be granted a license without examination((: P1vnidcd, That the aflfllieaHt has Het REGULATION I flFevie1:1sly fail ea te flass aH ellaFHiHatieH heltl iH this stat~)). NEW SECTION (3) Examination combination acceptable. Any applicant SECTION 6.14 STANDARDS FOR CONTROL OF who has successfully completed Part I (NBME) or Step 1 PARTICULATE MATTER ON (USMLE) plus Part II or Step 2 plus Part III or Step 3; or PAVED SURFACES FLEX Component 1 plus Step 3; or Part I or Step 1, plus Part II or Step 2, plus FLEX Component 2 shall be deemed A. Applicability. The provisions of Section 6.14 shall to have successfully completed a medical licensure examina- apply to any state, county, city or local government or tion as required by RCW 18.71.070. private company that applies sanding materials to or mechanically sweeps or vacuums paved surfaces within Examination Combinations Acceptable for Licensure Table I the Spokane PMIO Nonattainment area. This Section shall also apply to all suppliers of sanding materials to Examination sequence Acceptable combinations be used by these affected entities. Part I or Step I B. Definitions. ~ Part II or Step II 1. Affected Entities are any state, county, city or local ~ government or private company that applies sand~ Part III or Step 3 ing material to, or mechanically sweeps or vacuums FLEX Component I paved surfaces within the Spokane PMlO ~ Nonattainment area. FLEX Component I Step 3 ~ 2. Approved Laboratory means a certified or approved FLEX Component 2 or facility capable of performing the specified tests in Part I or Step I a competent, professional, and unbiased manner in ~ accordance with ASTM testing procedures. Part II or Step 2 3. The Authority is the Spokane County Air Pollution ~ FLEX Component 2 Control Authority ~ 4. Base Sanding Amount is the average amount of ~ sanding materials applied per lane mile by each Step 2 affected entity within the Spokane PMlO ~ Nonattainment Area, during the 1992 - 1993 season Step 3 or another base season, as requested by an affected entity and approved by the Authority. NEW SECTION 5. Durability Index means the percent loss of weight as determined using ASTM "Standard Test Method WAC 246-917-220 Adjudicative proceedings. The board adopts the model procedural rules for adjudicative for Resistance to Degradation of Small-Size Coarse proceedings as adopted by the department of health and Aggregate by Abrasion and Impact in the Los contained in chapter 246-11 WAC, including subsequent Angeles Machine", designated C 131-89, or other amendments. approved ASTM procedure. Permanent I so I Washington State Register, Issue 93-21 WSR 93-21-020 6. Full Deployment means that all priority roadways h. An implementation schedule giving the esti- targeted for treatment during a snow/ice event are mated dates of start and completion, if applica- sanded. ble, of each part of the plan. 7. Percent Fines means the percent material passing a 2. Beginning 30 days after the effective date of this #100 sieve as determined by the American Society regulation, the plans submitted shall be implement- for Testing Materials (ASTM) "Standard Method ed by each affected entity. Upon approval of each for Sieve Analysis of Fine and Coarse Aggregates", plan, the affected entity shall implement the ap- Designation C 136-84A ( 1988) (American Highway proved plan. and Transportation Officials designation T27-88), 3. Within 45 days of submittal of the reports required or other approved ASTM procedure. in Subsection G. of this Section, the Authority shall 8. Priority Roadway means any street, arterial, or determine if the plan commitments have been met highway, within the Spokane PMIO Nonattainment and shall notify any entity that has failed to meet Area, with more than 15,000 average daily traffic plan commitments. count, and any connecting entrance or exit ramp. 4. If the Authority determines that any governmental 9. Recycled Sanding Materials means previously used entity has failed to meet the plan commitments, the sanding materials which have been collected from Authority, shall require that any affected govern- roadway or paved areas and are then re-used as is, mental entity submit a revised plan within 30 days after washing, or after blending with new sanding of notification by the Authority. The revised plan materials. shall establish methods for meeting the plan com- mitments. Any revised plan must be implemented 10. Sanding Materials means natural geologic materi- upon approval by the Authority. als, excluding salt and other de-icing chemicals, used to provide increased traction on roadways or 5. If the Authority, after consultation with the affected paved areas. governmental entities, the Washington Department of Ecology, and the United States Environmental 11. Season means the period beginning, November 1, Protection Agency, determines that the emission in one calendar year and concluding on April 30, reduction and control plans do not provide for the next calendar year. sufficient reduction in PMIO emissions to meet the C. Emission reduction and control plans. Each affected emission reduction credit for paved road surfaces as governmental entity shall submit to the Authority a plan, contained in the State Implementation Plan, the including an implementation schedule describing the Authority may require the affected governmental programs and methods to be used to reduce PMlO entities to modify their plans in order to achieve emissions from paved surfaces, within 30 days after the additional reductions. effective date of this regulation. In reviewing each D. Sweeping requirements. Beginning the effective date of plan, the Authority shall allow consideration of mobility this regulation, the City of Spokane, Spokane County, and transportation safety factors. Approval of any plan and the Washington State Department of Transportation, shall require that the Authority determine, in consulta- or their contractors, shall clean all priority roadways in tion with the Washington State Department of Ecology, an expeditious manner following each sanding event that the cumulative effect of the plans submitted by all when road conditions are appropriate and safety and affected entities will achieve and maintain at least a mobility requirements have been satisfied. Cleaning 70% reduction, from the 1992 - 1993 base season, in shall be accomplished with broom sweepers or a more the 24 hour PMlO emissions from paved surfaces. effective technique approved by the Authority. 1. Each plan is subject to approval by the Authority E. Sanding Materials Specifications and shall address but not necessarily be limited to all of the following: I. Material Standards. No affected entity shall use sanding materials, whether new or recycled, which a. Base sanding amount; equal or exceed 3% fines and 25% durability index. b. Percent sanding reduction goal; c. Sanding materials specifications to be em- 2. Contractual Requirements. After the effective date ployed; of this regulation, no affected entity shall execute d. Identification of priority roadways. a contract for the purchase of sanding materials e. Locations, application rates, and circumstances unless the contract includes standards at least as for the use of chemical deicers and other stringent as those set forth in Subsection E.1. of sanding alternatives; this section. f. Street sweeping frequency and technology to F. Testing be employed; g. Factors for determining when and where to I. Supplier Testing Requirements initiate street sweeping following a sanding a. Suppliers of sanding materials shall have tests event, with the goal of expeditious removal performed by an approved laboratory to deter- when safety and mobility requirements have mine the percent fines and durability index on been satisfied. [ 51] Permanent WSR 93-21-020 Washington State Register, Issue 93-21 representative samples of their sanding materi- panies performing sweeping under a als which are supplied to affected enthies. contract with the affected governmental b. The sampling and test frequency and method- entity. ology used shall ensure that the samples are c. No later than June 30, of each year, private representative and enable the supplier to certi- companies that use 250 tons of sanding materi- fy to the affected entity that the actual sanding als or more per season for non-governmental materials supplied for use will meet the re- applications within the PMIO nonattainment quirements of Subsection E. of this Section. area shall submit a report to the Authority 2. User Requirements. Affected entities or their containing information for the preceding contractors, shall have at least one test performed season on the total amount of sanding materi- by an approved laboratory to determine the percent als (both new and recycled) and salt and other fines and durability index on all recycled materials deicing chemicals used; at least once for the first 250 tons of recycled d. Within 7 calendar days of awarding a contract materials used each season and at least once for for the purchase of sanding materials to a every 500 tons of recycled materials used thereafter supplier, an affected entity shall notify the during the same season. Authority of the supplier's name and location 3. Authority Audits. The Authority may enter the site of the aggregate sources from which the mate- of any affected entity or supplier of sanding materi- rials will be supplied. als subject to this Section for the purpose of obtain- e. Affected entities shall maintain on file reports ing a sample of sanding materials to determine if received under the provisions of Subsection the materials meet the requirements of Subsection G. l. of this Section for a period of three (3) E. of this Section. years. G. Reporting 3. Sweeper Reporting Requirements 1. Supplier Reporting Requirements. Prior to, or a. Affected entities shall maintain monthly re- upon, delivery of sanding materials, suppliers shall cords to document the information described provide affected entities that use their sanding below. No later than June 30, of each year, materials a report demonstrating that the supplier each affected governmental entity shall submit has met all testing requirements of this Section a report to the Authority which shall contain applicable to the time period in which deliveries the information described below for each are made. The supplier shall certify in writing to priority roadway. the affected entity that the sanding materials meet the requirements of Subsection E. of this Section. (I) Date of each sweeping operation; 2. Affected Entity Reporting Requirements (2) Lane miles swept; a. (3) Type of equipment used; Affected entities that use recycled sanding materials shall submit to the Authority copies (4) Number of passes. of the results of testing conducted according to (5) the same information specified in a.(I ), Subsection F.2. of this Section no later than 30 a.(2), a.(3) and a.(4), for all private com- days after the tests are conducted. panies performing sweeping under a b. No later than June 30, of each year, affected contract with the affected governmental governmental entities shall submit a report to entity. the Authority containing information for the 4. Authority Audits. All records generated under the preceding season on: provisions of this Section shall be made available (I) the total amount of sanding materials for inspection upon request by the Authority. (both new and recycled) and salt and H. Alternate Test Methods and Standards. Alternate other deicing chemicals used; percent fines and durability index test procedures may (2) the number of lane miles sanded, salted be approved by the Authority should they be determined and deiced; and to provide a measure that is equivalent to the test procedures of this Section. (3) the number of full deployment episodes; and I. Alternate Sanding Materials. Experimentation with new (4) the same information specified in b.(I), sanding materials may be approved by the Authority b.(2), and b.(3), for all private companies provided the Authority finds that the impact of such experiments will not cause or contribute to a violation performing sanding, salting, or deicing of the National Ambient Air Quality Standard (NAAQS) services under a contract with the affected for PMIO. governmental entity. (5) the same information specified in a.(l), a.(2), a(3) and a.(4), for all private com- Permanent [ 52] Washington State Register, Issue 93-21 WSR 93-21-020 J. Failure to comply with this Section will subject affected Pursuant to notice filed as WSR 93-15-055 on July 15, entities and/or suppliers to penalties as provided in 1993. Article II of this Regulation. Effective Date of Rule: Thirty-one days after riling. October 13, 1993 Dean A. Lydig, Chair Wildlife Commission WSR 93-21-024 PERMANENT RULES AMENDATORY SECTION (Amending Order 492, filed DEPARTMENT OF HEALTH 5/2/91) (Examining Board of Psychology) [Filed October 13, 1993, 1:19 p.m.) WAC 232-12-007 Classification of wild animals. (1) Date of Adoption: October 8, 1993. Game animals include: Purpose: Amend RCW reference within body of WAC Common Name Scientific Name that was incorrectly cited for purposes of reciprocity. Citation of Existing Rules Affected by this Order: eastern cottontail Sylvilagus floridanus Amending WAC 246-924-100 Qualifications for granting of ((fflettRtaiR)) Nuttall's cottontail Sylvilagus nuttallii snowshoe hare license by reciprocity. Lepus americanus white-tailed jackrabbit Statutory Authority for Adoption: RCW 18.83.050(5). Lepus townsendii Pursuant to notice filed as WSR 93-16-074 on August black-tailed jackrabbit Lepus californicus 2, 1993. fox Vulpes vulpes Effective Date of Rule: Thirty-one days after filing. black bear Ursus americanus October 8, 1993 raccoon Procyon lotor Kathleen O'Shaunessy cougar Fe/is concolor Chair ((~)) ( ( Lytrac canaricnsis)) bobcat Lynx rufus AMENDING SECTION [(Amending Order l l 7B, filed Roosevelt and Rocky 1/28/91)] Mountain elk Cervus elaphus mule deer and black-tailed WAC 246-924-100 Qualifications for granting of deer Odocoileus hemionus license by ((FeeipFaeity)) endorsement. (1) Candidates white-tailed deer Odocoileus virginianus applying for licensure pursuant to the provisions of RCW moose Alces alces 18.83.170 (1) and (2) shall: pronghorn Antilocapra americana (a) Provide evidence of meeting the educational require- mountain goat Oreamnos americanus ments set forth in ((RCW 18.83.200)) RCW 18.83.070 in ((fflettRtaiR)) California and effect at the time the applicant entered his/her doctoral Rocky Mountain bighorn sheep Ovis canadensis program; ((bttll freg)) bullfrog Rana catesbeiana (b) Pass the oral examination administered by the board pursuant to RCW 18.83.050. (2) Furbearing animals are game animals and include: (2) Candidates applying for licensure pursuant to the Common Name Scientific Name provisions of RCW 18.83.170(3) shall: (a) Pass the oral examination administered by the board beaver Castor canadensis pursuant to RCW 18.83.050. muskrat Ondatra zibethicus fox Vulpes vulpes Reviser's note: The bracketed material preceding the section above raccoon ,-'rocyon lotor was supplied by the code reviser's office. marten Martes americana short-tailed weasel Reviser's note: The typographical error in the above section occurred or ermine Mustela erminea in the copy filed by the agency and appears in the Register pursuant to the long-tailed weasel Mustela frenata requirements of RCW 34.08.040. mink Mustela vison badger Taxidea taxus river otter Lutra canadensis WSR 93-21-025 ((~)) ( (Ly1Hc ca11aric1isis)) PERMANENT RULES bobcat Lynx rufus DEPARTMENT OF WILDLIFE [Order 614-Filed October 14, 1993, IO: IO a.m.) Date of Adoption: October 2, 1993. WSR 93-21-026 Purpose: To amend WAC 232-12-007 Classification of PERMANENT RULES wild animals. DEPARTMENT OF WILDLIFE Citation of Existing Rules Affected by this Order: [Filed October 14, 1993, 10:12 a.m.] Amending WAC 232-12-007. Date of Adoption: October 2, 1993. Statutory Authority for Adoption: RCW 77.12.020 and Purpose: To amend WAC 232-12-014 Wildlife classi- 77.12.040. fied as endangered species. [ 53 l Permanent WSR 93-21-026 Washington State Register, Issue 93-21 Citation of Existing Rules Affected by this Order: WSR 93-21-027 Amending WAC 232-12-014. PERMANENT RULES Statutory Authority for Adoption: RCW 77.12.020. DEPARTMENT OF WILDLIFE Pursuant to notice filed as WSR 93-15-057 on July 15, [Order 615-Filed October 14, 1993, 10:13 a.m.] 1993. Date of Adoption: October 2, 1993. Effective Date of Rule: Thirty-one days after filing. Purpose: To amend WAC 232-12-011 Wildlife classi- October 13, 1993 fied as protected shall not be hunted or fished. Dean A. Lydig, Chair Citation of Existing Rules Affected by this Order: Wildlife Commission Amending WAC 232-12-011. Statutory Authority for Adoption: RCW 77.12.020. AMENDATORY SECTION (Amending Order 305, filed Pursuant to notice filed as WSR 93-15-056 on July 15, 2/12/88) 1993. Effective Date of Rule: Thirty-one days after filing. WAC 232-12-014 Wildlife classified as endangered October 13, 1993 species. Endangered species include: ((ColHfflbiaR vtkite Dean A. Lydig, Chair tailed deer, Otl8eeileHs virgi1ti( ll1H!i leHe1 tr1 ts; MoHRtaiR Wildlife Commission eariboH, R( l1tgifcr f(JF( l1ul1 ts; BIHe whale, B( lf( le11epteffl m1 tse1 tl1 ts; Bowkead whale, B( l/( len(:/; l'll)'stieetHs; FiRbaek AMENDATORY SECTION (Amending Order 441, filed whale, B( lf( le11epfe1¥t phys( lfHs; Gray whale, Esehriehti1 ts 5115/90) gihhesHs; HHHlpbaek whale, M·cg( lpter( l 11e"'(:/;€( lHg/i( le; Right whale, B( lf .tte11( l gf .ttei( l/is; Sei '"''kale, B( l/( le;iepter( l here( lfis; WAC 232-12-011 Wildlife classified as protected SpeFffi whale, Physeter e( lteden; 'Nolf, C( lnis l1 tpHs; shall not be hunted or fished. Protected wildlife are PeregriRe faleoR, F( lfee percgri 11 ts; AleHtiaR CaRada goose, designated into three subcategories: Threatened, sensitive, Bffl1tttt e(JH( ldensis l1 teeep( lrei(:/;; BrowR pelieaR, Pelee( lnHs and other. eeeide11tttlis; Leatkerbaek sea tHrtle, Dcrmeehelys eeri( lee( l; (1) Threatened species are any wildlife native to the Grizzly bear, UrsHs (:/;J'f!tes herrihilis; Sea Otter, E11hydffl state of Washington that are likely to become endangered lHtris; 'Nkite pelieaR, Pelee(:lnHs erythrerhy11dies; SaRdkill within the foreseeable future throughout a significant portion eraRe, Gr1 ts e( ln( ldensis; SHOW)' pJo.,·er, Ch(:/;F(:/;flri1 ts of their range within the state without cooperative manage- lfex( lndrinHs; UplaRd saRdpiper, B( lrfF( lf'lti( l lengie(:/;Hfl( l,' ment or removal of threats. Protected wildlife designated as ~lortkeFR spotted owl, Strix eeeide:ittilis.)) threatened include: ((Proteeted wildlife desigRated as tkreateRed iReli,ide Common Name Scientific Name feFFHgiRoHs kawk, BHteereg( llis; bald eagle, H(:/;li( leef1 tj pygmy rabbit Brachylagus idahoensis lc1 teeecph( lf1 ts; westeFR poRd tHFtle, Cle1mnys •"lt( lrnier( lf( l; gray wolf Canis lupus . greeR sea tHFtle, Chelenii(:/; myd(:ls; loggerhead sea tHrtle, grizzly bear Ursus arctos C8 ."Ctt( l C( lretttt; OregoR silverspot bHtteFtl)', Speyeri(:/; 'f;Cl'f!lll sea otter Enhydra lutris liippelyt( l; p)'gffiy rnbbit, Bffle1'tyf .ttg1 ts i~hee11sis.)) gray whale Eschrichtius robustus Common Name Scientific Name sei whale Balaenoptera borealis fin whale Balaenoptera physalus western gray squirrel Sciurus griseus blue whale Balaenoptera musculus Steller (northern) humpback whale Megaptera novaeangliae sea lion Eumetopias jubatus black right whale Balaena glacialis North American lynx Lynx canadensis sperm whale Physeter macrocephalus bald eagle Haliaeetus leucocephalus Columbian white-tailed deer Odocoileus virginianus leucurus ferruginous hawk Buteo regalis woodland caribou Rangifer tarandus caribou marbled murrelet Brachyramphus American white pelican Pelecanus erythrorhynchos marmoratus brown pelican Pelecanus occidentalis green sea turtle Chelonia mydas Aleutian Canada goose Branta canadensis leucopareia loggerhead sea turtle Caretta caretta peregrine falcon Falco peregrinus (2) Sensitive species are any wildlife species native tc sandhill crane Grus canadensis the state of Washington that are vulnerable or declining anc snowy plover charadrius alexandrinus are likely to become endangered or threatened in a signifi· upland sandpiper Bartramia longicauda cant portion of their range within the state without coopera· spotted owl Strix occidentalis tive management or removal of threats. Protected wildliff western pond turtle Clemmys marmorata designated as sensitive include: leatherback sea turtle Dermochelys coriacea Oregon silverspot butterfly Speyeria zerene hippolyta Common Name Scientific Name Larch Mountain salamander Plethodon larselli (3) Other protected wildlife((:)) include: ((Otker pFOteeted wildlife iReli,ide all birds flOt ele:ssifiec as gaftle birds, predatory birds, or eRdaRgered speeies[,] 01 Permanent [ 54] Washington State Register, Issue 93-21 WSR 93-21-027 desigflated as threatefted speeies or seflsith·e speeies; aRd fttr The fee schedule is being restructured based on calculation seal, Call<'JFhimts HFsimts; fisker, AlaFU!i pe1ina1Hr; woh·er of FTE's rather than employees. iRe, GHl<'J lHseHs; ·..,.esterfl gray sq1 1irrel, Sei1 tF1 ts gFiset ts; Citation of Existing Rules Affected by this Order: Do1 1glas sq1 1irrel, Ta1niaseiHF1 ts tfot tglasiF; red sq1 1irrel, Amending WAC 246-327-990, 246-331-990, and 246-336- Ttimiasei1 tF1 tS h1 tcts<'Jnie1 ts; flyiRg sq1 1irrel, Glat te<'Jl'ltys 990. sabFint ts; goldeR ffiaRtled gro1 1ftd sq1 1iffel, Call<'J!ipe1•11u 1philtts Statutory Authority for Adoption: RCW 70.127 .120. satttfflttts; ekipffi1 1Rks, Et ttaniias; eoRy or pika, Oe1'?<'Jt<'Jna Other Authority: RCW 70.127.090. p;'-i1teeps; koary ffiaFFRot, 131laF11u ita ealigata aRd elympt ts,")) Pursuant to notice filed as WSR 93-17-045 on August 12, 1993. Common Name Scientific Name Changes Other than Editing from Proposed to Adopted cony or pika Ochotona princeps Version: Added subsection (4) to clarify that licensees with least chipmunk Tamius minimus deemed status are required to pay the normal fees. This is yellow-pine currently in statute. chipmunk Tamius amoenus Other Findings Required by Other Provisions of Law as Townsend's Precondition to Adoption or Effectiveness of Rule: This rule chipmunk Tamius townsendii implements 1993 legislation requiring a longer license period red-tailed and new fee structure. Emergency rule expires October 28, chipmunk Tamius ru(icaudus 1993; new rule must be adopted on that day. hoary marmot Marmota caligata Effective Date of Rule: October 28, 1993. Olympic marmot Marmota olympus October 14, 1993 Cascade Bruce Miyahara golden-mantled Secretary ground squirrel Spermophilus saturatus golden-mantled AMENDATORY SECTION (Amending Order 288, filed ground squirrel Spermophilus lateralis 7/16/92, effective 8/16/92) red squirrel Tamiasciurus hudsonicus WAC 246-331-990 Fees. (((1) Hospiee agefleies Douglas squirrel Tamiasciurus douglasii lieeRsed l lftder ekapter 70.127 RCW skall s1 1bffiit aft aftR1 1al northern flying lieeftse fee as follows: squirrel Glaucomys sabrinus (a) Agefleies witk fift)' or ffiore effiployees, oRe tko1:1 fisher Martes pennanti saRd h't'o k1:1fldred dol11us; wolverine Gulo gulo (b) Agefleies witk less tkafl fifty b1:1t ffiore tkafl fifteeft painted turtle Chrysemys picta; effiployees, oRe tko1:1saRd dollars; eRd ((all wild t1:1rtles Rot otherwise elassified as eRdaRgered (e) AgeReies witk fifteefl Of less effiployees, eigkt speeies, or desigRated as tkfeatefted speeies or seRsitiYe k1:1Rdfed dollars. speeies;)) All birds not classified as game birds, predatory (2) AR ageRe)' epplyiRg for edditioRel ROffie kealtk, birds or endangered species, or designated as threatened kospiee, Of koffie eare lieeRses skell reeeiYe a fee red1:1etioR species or sensitive species; mammals of the order Cetacea, of two k1:1Rdred fifty aollars for eeek adaitioflal lieeRse iR including whales and porpoises, and mammals of the aeeorclaflee witk tke pro .. ·isioRs of RC\\' 70.127.110.)) l.!l.A!!. ((s1:1border)) order Pinnipedia not otherwise classified as applicant or licensee shall submit to the department: endangered species, or designated as threatened species or (a) A biennial renewal fee based on the number of full- sensitive species. This section shall not apply to hair seals time equivalents (FTEs), which is a measurement based on and sea lions which are threatening to damage or are a forty-hour week and is applicable to paid agency employ- damaging commercial fishing gear being utilized in a lawful ees or contractors, as follows: manner or when said mammals are damaging or threatening (i) A base fee of three hundred sixty dollars; and to damage commercial fish being lawfully taken with (ii) For agencies with: commercial gear. (A) Fifteen or less FTEs, one hundred ninety dollars; (B) Sixteen through fifty FTEs, four hundred sixty Reviser's note: RCW 34.05.395 requires the use of underlining and dollars; deletion marks to indicate amendments to existing rules. The rule published (C) Fifty-one or more FTEs, nine hundred fifty dollars; above varies from its predecessor in certain respects not indicated by the use (b) A fee of one-half the renewal fee specified in (a) of of these markings. this subsection for an initial twelve-month license for: (i) New firms; (ii) Businesses not currently licensed to provide hospice WSR 93-21-034 care in Washington state; or PERMANENT RULES (iii) Currently licensed businesses which have had DEPARTMENT OF HEALTH statement of charges filed against them; [Filed October 15, 1993, 10:38 a.m., effective October 28, 1993) (c) A transfer of ownership fee of fifty dollars. A Date of Adoption: September 21, 1993. transferred license will be valid for the remainder of the Purpose: To implement SSB 5386, reduces fees and current license period. extends the licensure period from one year to two years. [ 55 J Permanent WSR 93-21-034 Washington State Register, Issue 93-21 (2) An applicant or licensee shall pay one-half the base (c) A follow-up compliance survey. fee in addition to the full fee for FfEs for each additional (4) A licensee with deemed status under WAC 246-336- home health and/or home care license. 030, shall pay fees according to this section. (3) The department may charge and collect from a licensee a fee of one-half the base fee specified in subsection AMENDATORY SECTION (Amending Order 288, filed (l)(a) of this section for: 7/16/92, effective 8/16/92) (a) A second on-site visit resulting from a licensee's WAC 246-327-990 Fees. (((1) Home health ageReies failure to adequately respond to a statement of deficiencies; lieeAsed 1 1Raer eha13ter 70.127 RC'N shall s1 1smit aA aRA1 1al (b) A complete on-site inspection resulting from a· lieeAse fee as follows: complaint investigation; or (a) AgeReies with fifty or more em13lo)·ees, oAe tho1:1 (c) A follow-up compliance survey. ( 4) A licensee with deemed status under WAC 246-331- saAa three h1:1Rarea dollars; 030, shall pay fees according to this section. (0) AgeAeies with less thaR fifty 81:1t more thaA fifteeR effl13loyees, OAe tho1 1saRd ORe ht 1Adrea aollars; aAa (e) AgeAeies with fifteeR or less em13loyees, eight AMENDA TORY SECTION (Amending Order 288, filed h1:1Rared eight)' aollars. 7116/92, effective 8/16/92) (2) AR ageRey a1313l)'iAg for adaitioAal home health, WAC 246-336-990 Fees. (((1) Home eare ageAeies hos13iee, or home eare lieeAses shall reeeiYe a fee rea1:1etioA lieeAsed 1 1Ader eha13ter 70.127 RCW shall s1 18mit aA aAA1 1al of two h1:1Rdred fift)' dollars for eaeh additioRal lieeRse iR lieeAse fee as follows: aeeordaRee with the 13ro,·isi0As of RC'N 70.127.110.)) .Lll..A!!. (a) AgeAeies with fifty or more effl13loyees, oAe tho1:1 applicant or licensee shall submit to the department: saAd tweRty fiye dollars; (a) A biennial renewal fee based on the number of full- (8) AgeReies with less thaR fifty 81:1t more thaR fifteeR time equivalents (FTEs), which is a measurement based on em13loyees, eight h1:1Rdred tweRty fi,·e aollars; aRa a forty-hour week and is applicable to paid agency employ- (e) AgeReies with fifteeR or less effl13loyees, sin h1:1Rarea ees or contractors, as follows: si*tY dollars. (i) A base fee of three hundred sixty dollars; and (2) AR ageRe)' a1313lyiRg for adaitioRal home health, (ii) For agencies with: hos13iee, or home eare lieeRses shall reeeh·e a fee red1:1etioR (A) Fifteen or less FfEs, seven hundred fifty dollars; of two h1:1Rarea fifty dollars for eaeh additioRal lieeRse iR (B) Sixteen through fifty FfEs, nine hundred dollars; aeeordaRee with the 13rovisi0Rs of RC'N 70.127.110.)) .Lll..A!!. (C) Fifty-one or more FfEs, one thousand two hundred applicant or licensee shall submit to the department: thirty dollars; (a) A biennial renewal fee based on the number of full- (b) A fee of one-half the renewal fee specified in (a) of time equivalents (FfEs), which is a measurement based on this subsection for an initial twelve-month license for: a forty-hour week and is applicable to paid agency employ- (i) New firms; ees or contractors, as follows: (ii) Businesses not currently licensed to provide home (i) A base fee of three hundred sixty dollars; and health care in Washington state; or (ii) For agencies with: (iii) Currently licensed businesses which have had (A) Fifteen or less FfEs, one hundred ninety dollars; statement of charges filed against them; (B) Sixteen through fifty FTEs, two hundred thirty (c) A transfer of ownership fee of fifty dollars. A dollars; transferred license will be valid for the remainder of the (C) Fifty-one or more FTEs, three hundred thirty current license period. dollars; (2) An applicant or licensee shall pay one-half the base (b) A fee of one-half the renewal fee specified in (a) of fee in addition to the full fee for FfEs for each additional this subsection for an initial twelve-month license for: hospice and/or home care license. (i) New firms; (3) The department may charge and collect from a (ii) Businesses not currently licensed to provide home licensee a fee of one-half the base fee specified in subsection care in Washington state; or (l)(a) of this section for: (iii) Currently licensed businesses which have had (a) A second on-site visit resulting from a licensee's statement of charges filed against them; failure to adequately respond to a statement of deficiencies; (c) A transfer of ownership fee of fifty dollars. A (b) A complete on-site inspection resulting from a transferred license will be valid for the remainder of the complaint investigation; or current license period. (c) A follow-up compliance survey. (2) An applicant or licensee shall pay one-half the base (4) A licensee with deemed status under WAC 246-327- fee in addition to the full fee for FfEs for each additional 030, shall pay fees according to this section. home health and/or hospice license. (3) The department may charge and collect from a licensee a fee of one-half the base fee specified in subsection (l)(a) of this section for: (a) A second on-site visit resulting from a licensee's failure to adequately respond to a statement of deficiencies; (b) A complete on-site inspection resulting from a complaint investigation; or Permanent [ 56 J Washington State Register, Issue 93-21 WSR 93-21-039 ( 1) All gasoline stations (((i1tel1:1di1tg a1ty gaselifte PERMANENT RULES disj'leftsing faeility))) in existence on January I, 1979 with a PUGET SOUND AIR total annual gasoline ((~)) throughput greater than POLLUTION CONTROL AGENCY 200,000 gallons and total gasoline storage capacity greater [Filed October 15, 1993, 3:33 p.m.] than 10,000 gallons; and (2) All stationary gasoline storage tanks, greater than Date of Adoption: October 14, 1993. 1,000 gallons capacity, installed or reconstructed after Purpose: To incorporate recent amendments to the January 1, 1979. Washington Administrative Code into PSAPCA regulations. (b) It shall be unlawful for any person to cause or allow Citation of Existing Rules Affected by this Order: Amending PSAPCA Regulation I - Section 5.11 and Regula- the transfer of gasoline from any transport tank into any tion II - Section 2.07. stationary storage tank unless the following conditions are met: Statutory Authority for Adoption: Chapter 70.94 RCW. Pursuant to notice filed as WSR 93-18-069 on August (I) Such stationary storage tank shall be equipped with a permanent submerged fill pipe and "CARB-certified" Stage 31, 1993. Effective Date of Rule: Thirty-one days after filing. I vapor recovery system that is maintained and operated October 14, 1993 according to the manufacturer's specifications; Gerald S. Pade (2) Such transport tank shall be equipped to balance Air Pollution Engineer vapors; and (3) All vapor return lines shall be connected between the transport tank and the stationary storage tank, and the AMENDATORY SECTION Stage I vapor recovery system shall be operating. All vapor return couplings shall have vapor-tight gasket seals and all REGULATION I SECTION 5.1 I ((1994 SURCHARGE vapor return ((elftttt)) .§!!!locks shall be in good working FOR BLHTDERS)) REGISTRATION OF OXYGENATED order and be locked. GASOLINE BLENDERS (c) Section 2.07 (d) and (e) shall apply to: (((a) The AgeRe)' shall levy the fellewiRg registratieft (I) All gasoline stations (((inel1:1di1tg a1ty gaseliRe s1:1reherges te defFay the eests ef adlfli1tisteri1tg the 0nyge1tat disfJeRsing faeility))) in existence on August 2, 1991 located ed gase)ifte e)eftder registrati0ft Bftd field e01flj'l)iaftee in ozone nonattainment areas with a total annual gasoline fJF0gFBFR !fl ft ft dated ey WAC 173 4 92.)) ((etftt*tt)) throughput greater than 600,000 gallons and a total (a) Blenders of oxygenated gasoline shall register with gasoline storage capacity greater than 10,000 gallons; and the Agency on an annual basis. Each request for registration (2) All gasoline stations (((i1tel1:1ding a1ty gaseliRe shall be on forms supplied by the Agency and shall be disfJeRsiRg faeility))) in existence on August 2, 1991 located accompanied by a fee to compensate for the cost of adminis- in ozone attainment areas with a total annual gasoline tering the program. The following fee table, based upon the ((etftt*tt)) throughput greater than 840,000 gallons and a total average monthly sales of gasoline sold during the previous gasoline storage capacity greater than 10,000 gallons; and November, December, January and February, shall apply: (3) All stationary gasoline storage tanks, greater than ( (Nevelfleer l, 1992 te Mareh 1, 1993 AYerage Me1tthl)· I ,000 gallons capacity, installed or reconstructed after Sales;.)) Volume (gallons) August 2, 1991. less than I 00,000 $ 500.00 (d) It shall be unlawful for the owner or operator of a 100,000 or more but less than gasoline station to cause or allow the transfer of gasoline $ 1,000.00 from any stationary storage tank into any motor vehicle 1,000,000 1,000,000 or more but less than ( ( (exeefJt !fletereyeles))) fuel tank (except motorcycles) $ 10,000.00 unless all of the following requirements are met: 15,000,000 $ 25,000.00 (1) Each gasoline dispenser shall be equipped with a 15,000,000 or more "CARB-certified" Stage 2 vapor recovery system, approved (b) Upon assessment by the Agency, this registration under Article 6 of Regulation I, and installed in accordance ((s1:1reherge)) fee is due and payable within 30 days. It shall with the schedule in Section 2.07(e); be deemed delinquent if not fully paid within 90 days and (2) All vapor return lines shall be connected between shall be subject to an additional fee equal to 3 times the the stationary storage tank and the motor vehicle fuel tank; original fee. (3) All Stage 2 vapor recovery equipment shall be (c) Blenders of oxygenated gasoline shall, upon request installed in accordance with the system's certification by the Agency, submit periodic reports summarizing how the requirements and shall be maintained to be leak-free, vapor- requirements of Section 2.09 of Regulation II were met. tight, and in good working order; Each report shall be submitted on forms supplied by the ( 4) Whenever a Stage 2 vapor recovery system compo- Agency within 30 days of receipt of forms. nent is determined to be defective, the owner or operator shall take the system out of service until it has been re- AMENDATORY SECTION paired, replaced, or adjusted, as necessary. The operator shall inspect each nozzle bellows daily; REGULATION II SECTION 2.07 GASOLINE-STATIONS (5) The owner or operator of each gasoline station (a) Section 2.07(b) shall apply to: utilizing a Stage 2 vapor recovery system shall conspicuous- ly post operating instructions for the system in the gasoline dispensing area. The instructions shall clearly describe how [ 57] Permanent WSR 93-21-039 Washington State Register, Issue 93-21 to fuel vehicles correctly using the vapor recovery nozzles (b) It shall be unlawful for any person to sell, make and include a warning against topping off. Additionally, the available for sale, or dispense gasoline with an oxygen instructions shall include a prominent display of the Depart- content less than 2.0% by weight. ment of Ecology's toll-free telephone number for complaints (c) It shall be unlawful for any blender to supply regarding the operation and condition of the vapor recovery gasoline with an oxygen content less than 2.7% by weight, nozzles. averaged over each 2-month interval (November-December (e) The owner or operator of an existing gasoline station and January-February). shall install a Stage 2 vapor recovery system in accordance (d) It shall be unlawful for any gasoline station to with the following schedule((:-)).:. dispense oxygenated gasoline unless the fuel dispensing (1) Businesses that own IO or more gasoline stations in system is conspicuously labeled as follows: The gasoline Washington: dispensed from this pump is oxygenated and will reduce (A) At least 50% of facilities with an annual throughput carbon monoxide pollution from motor vehicles. greater than 1,200,000 gallons by May I, 1993; (B) The remaining facilities with an annual throughput greater than 1,200,000 gallons by May 1, 1994; and (C) All other facilities by December 31, 1998. (See WSR 93-21-047 Section 2.07(c) of this Regulation.) PERMANENT RULES (2) Businesses that own IO or more gasoline stations in BENTON FRANKLIN WALLA WALLA King, Pierce, Snohomish, and Clark Counties: COUNTIES AIR POLLUTION (A) At least 50% of facilities with an annual throughput CONTROL AUTHORITY greater than 840,000 gallons by May 1, 1994; [Filed October 18, 1993, 2:40 p.m.] (B) The remaining facilities with an annual throughput Date of Adoption: October 7, 1993. greater than 840,000 gallons by May 1, 1995; and Purpose: Establish general and specific regulations (C) All other facilities by December 31, 1998. (See governing the control of air contaminant emissions in Section 2.07(c) of this Regulation.) Benton, Franklin and Walla Walla counties. Bring local (3) Businesses that own fewer than JO gasoline stations regulations up to date and make consistent with current state in Washington: law, chapter 70.94 RCW. (A) All facilities with an annual throughput greater than Citation of Existing Rules Affected by this Order: The 1,200,000 gallons by May 1, 1994; and existing local regulation 80-7 will be repealed on the (B) All other facilities by December 31, 1998. (See effective date of the new Regulation 1. Section 2.07(c) of this Regulation.) Statutory Authority for Adoption: Chapter 70.94 RCW. Pursuant to notice filed as WSR 93-13-128 on June 22, ((Teele 2.07(e) 1993. • +)'!'e or . Changes Other than Editing from Proposed to Adopted N<>tit:e-ef GasoliAe-IJispeASi<lg.fe<ility Gonsfflwtion S!age-~-System Version: No changes other than editing from proposed to Of-Oas-SlatiOH Applieatffin-by lnstalle<l-by adopted version. All-new-or~aded Effective Date of Rule: Thirty-one days after filing. faeilities-wil -sl&r"ge W.days-bef<>fe ~/+/92 1BR1<-grnater-1hliil ins1allatioo Of-bef.,..,.s!artup October 13, 1993 +,000-gallens David A. Lauer (~ ElHsliflg.facility-witll-a Control Officer 11lrooghpul-ef·+,.:!OO;OOQ ~/+/93 galloos-or-more/year-1>1ul .. /+/92 . f0f·50%-ef-stalieffs owAer-h.,.-l-l}or-more-WA stnt-iens Reviser's note: The material contained in this filing will appear in the 93-23 issue of the Register as it was received after the applicable (Oj E!!lsffflg.facility-witll-a lllrooghput-ef-+,.:!OO;OOQ .. /+/92 ~/+/94 closing date for the issue for agency-typed material exceeding the volume galloos-or-more-per-yeM limitations of WAC 1-21-040. (4} ElHsliflg.facility-in..,._e nen&Hainmen+-ereas-with-a 1hrooghpu1-ef-600;00G-galloos +2fJ+/% +2fM/f)8 Of;ROFe--peF")'eaf (~ ElHsliflg.fa<ility-in-• WSR 93-21-049 &ffaiflfflefll-flfea.5-with-a throoghpul-ef-840,00Q.gallORS +2fJ+/% +2fJrl/f)8 PERMANENT RULES Of-more-per-year)) YAKIMA COUNTY CLEAN AIR AUTHORITY [Filed October 18, 1993, 2:51 p.m.] NEW SECTION Date of Adoption: October 13, 1993. REGULATION II SECTION 2.09 OXYGENATED Purpose: Establish general and specific regulations GASOLINE governing the control of air contaminant emissions in Yakima County. Bring local regulations up-to-date and (a) This section shall apply to gasoline intended as a make consistent with current state law, chapter 70.94 RCW. final product for fueling of motor vehicles within King, Citation of Existing Rules Affected by this Order: Pierce, and Snohomish Counties during the months of Regulation I of the YCCAA. November, December, January, and February. Statutory Authority for Adoption: Chapter 70.94 RCW. Pursuant to notice filed as WSR 93-15-076 on July 19, 1993. Permanent [ 58] Washington State Register, Issue 93-21 WSR 93-21-049 Changes Other than Editing from Proposed to Adopted persons who will or should be especially protected or Version: Clarification of terms in following subsections benefitted by the terms of this Code. 1.03( 48), 1.03( 49), 4.01 (16), 4.01 (27), 4.01 (29), 4.01 (30), It is intended that these provisions provide flexibility to 4.01 (C), 5.03(D), 5 .06(H), 9.04(A), 9 .04(E). Reference permit the use of innovative approaches and techniques to changed from chapter 70.94 RCW to chapter 173-401 WAC achieve efficient use and conservation of energy. These in Sections 6.01 and 6.02(B). Reference to chapter 173-490 provisions are structured to permit compliance with the WAC added to Section 12.01. Addition of Attachments 1 intent of this Code by any one of the following three paths and 2, maps of Woodsmoke Control Zone and Yakima of design: Urban Area, respectively. Effective Date of Rule: Thirty-one days after filing. 1. A systems analysis approach for the entire building October 15, 1993 and its energy-using sub-systems which may utilize renew- Tom T. Silva, Director able energy sources, Chapter 4. Air Pollution Control Officer 2. A component performance approach for various building elements and mechanical systems and components, Reviser's note: The material contained in this filing will appear in the 93-23 issue of the Register as it was received after the applicable Chapter 5. closing date for the issue for agency-typed material exceeding the volume 3. A prescriptive requirements approach, Chapter 6. limitations of WAC 1-21-040. Compliance with any one of these approaches meets the intent of this Code. This Code is not intended to abridge any safety or health requirements required under any other WSR 93-21-052 applicable codes or ordinances. PERMANENT RULES BUILDING CODE COUNCIL The provisions of this Code do not consider the efficien- [Filed October 18, 1993, 4:45 p.m., effective April 1, 1994] cy of various energy forms as they are delivered to the Date of Adoption: September 10, 1993. building envelope. A determination of delivered energy Purpose: To adopt revised energy code requirements for efficiencies in conjunction with this Code will provide the new and remodeled nonresidential buildings. most efficient use of available energy in new building construction. Citation of Existing Rules Affected by this Order: Amending chapter 51-11 WAC. 101.3 Scope: This Code sets forth minimum require- Statutory Authority for Adoption: RCW 19.27A.025. ments for the design of new buildings and structures that Pursuant to notice filed as WSR 93-08-077 on April 6, provide facilities or shelter for ((p11blie assefflely, eE111eatioA 1993; WSR 93-10-004 on April 21, 1993; and WSR 93-16- al, 811siAess, fftereaAtile, iAstit11tieRal, storage aREI)) residential 111 on August 4, 1993. occupancies((, as well as tl'tose portioAs of faetory aAEI Other Findings Required by Other Provisions of Law as iAd11strial oeettpaAeies EiesigAeEI prilflarily for AttfflaA eeett Precondition to Adoption or Effectiveness of Rule: These p-a-ttey)) by regulating their exterior envelopes and the requirements increase the energy efficiency of newly selection of their HV AC, service water heating, electrical constructed nonresidential buildings; require measures that distribution and illuminating systems and equipment for are technically feasible, commercially available, and cost efficient use and conservation of energy. efficient to building owners and tenants; and were adopted Buildings shall be designed to comply with the require- by the State Building Code Council by a vote of 13 for and ments of either Chapter 4, 5, or 6 of this Code. 1 against. Effective Date of Rule: April 1, 1994. 101.3. l Exempt Buildings: Buildings and structures or September 10, 1993 portions thereof meeting any of the following criteria shall Gene Colin be exempt from the building envelope requirements of Chair sections 502 and sections 602 and 605, but shall comply with all other requirements for building mechanical systems, AMENDATORY SECTION (Amending WSR 91-01-112, service water heating and lighting systems. filed 12/19/90, effective 7/1/91) 101.3.1.1: Buildings and structures or portions thereof WAC 51-11-0101 Section 101. Scope and general whose peak design rate of energy usage is less than three requirements. and four tenths (3.4) Btu/h per square foot or one point zero (1.0) watt per square foot of floor area for space condition- 101.l Title: Chapters I through IO of this Code shall ing requirements. be known as the "Washington State Residential Energy Code" and may be cited as such; and will be referred to 101.3.1.2: Buildings and structures or portions thereof herein as "this Code." which are neither heated according to the definition of heated space in Chapter 2, nor cooled by a nonrenewable 1O1.2 Purpose and Intent: The purpose of this Code is energy source, provided that the nonrenewable energy use to provide minimum standards for new or altered buildings for space conditioning complies with requirements of section and structures or portions thereof to achieve efficient use and 101.3.1.1. conservation of energy. 101.3.1.3: Greenhouses isolated from any conditioned The purpose of this Code is not to create or otherwise space and not intended for occupancy. establish or designate any particular class or group of [ 59] Permanent WSR 93-21-052 Washington State Register, Issue 93~21 101.3.2 Application to Existing Buildings: Additions, 5. All OeeHflaReies, whieh are eeRYertea freFR a GreHfl historic buildings, changes of occupancy or use, and alter- R OeeHflaRey er aR Other thaR GreHfl R OeeHflaRey er Hse, ations or repairs shall comply with the requirements in the te a Rew 0th.er thaR GrBHfl R OeeHflaRey er Hse shall subsections below. eefflflly with the lightiRg staRaaras set ferth iR this eeae EXCEPTION: The building official may approve designs of alterations or HRless the eKistiRg lightiRg is Ret alteree.)) repairs which do not fully conform with all of the require- ments of this Code where in the opinion of the building 10 l.3.2.4 Alterations and Repairs: All alterations and official full compliance is physically impossible and/or repairs to buildings or portions thereof originally constructed economically impractical and: subject to the requirements of this Code shall conform to the provisions of this Code without exception. For all other 1. The alteration or repair improves the energy efficien- existing buildings, initial tenant alterations shall comply with cy of the building; or the new construction requirements of this Code. Other 2. The alteration or repair is energy efficient and is alterations and repairs may be made to existing buildings and necessary for the health, safety, and welfare of the general moved buildings without making the entire building comply public. with all of the requirements of this Code for new buildings, In no case, shall building envelope requirements or provided the following requirements are met: mechanical system requirements be less than those require- 101.3.2.5 Building Envelope: The result of the alter- ments in effect at the time of the initial construction of the ations or repairs both: building. 1. Improves the energy efficiency of the building, and 101.3.2.1 Additions to Existing Buildings: Additions to existing buildings or structures may be made to such 2. Complies with the overall average thermal transmit- buildings or structures without making the entire building or tance values of the elements of the exterior building enve- structure comply, provided that the new additions shall lope in Table 5-1 ((~))of Chapter 5 or the nominal R- values and glazing requirements of the reference case in conform to the provisions of this Code. Tables 6-1 to 6-6 ((6f-6-.t.)). EXCEPTION: New additions which do not fully comply with the requirements of this Code and which have a floor area EXCEPTIONS: which is less than seven hundred fifty square feet shall be I. Untested storm windows may be installed over existing glazing for approved provided that improvements are made to the an assumed U-value of 0.90, however, where glass and sash are being existing occupancy to compensate for any deficiencies in replaced in Group R Occupancy, glazing with a maximum area weighted the new addition. Compliance shall be demonstrated by average U-value of 0.40 shall be installed where there is an electric either systems analysis or component performance calcula- resistance space heating system and glazing with a maximum U-value of tions. The nonconforming addition and upgraded, existing 0.65 (Climate Zone I) and 0.60 (Climate Zone II) shall be installed where occupancy shall have an energy budget or heat loss which there is any other space heating system. is less than or equal to the unimproved existing building, with the addition designed to comply with this Code. 2. Where the structural elements of the altered portions of roof/ ceiling, wall or floor are not being replaced, these elements shall be deemed 101.3.2.2 Historic Buildings: The building official may to comply with this Code if all existing framing cavities which are exposed modify the specific requirements of this Code for historic during construction are filled to the full depth with batt insulation or buildings and require in lieu thereof alternate requirements insulation having an equivalent nominal R-value while, for roof/ceilings, maintaining the required space for ventilation. Existing walls and floors which will result in a reasonable degree of energy efficiency. without framing cavities need not be insulated. Existing roofs shall be This modification may be allowed for those buildings which insulated to the requirements of this Code if have been specifically designated as historically significant a. The roof is uninsulated or insulation is removed to the level of the by the state or local governing body, or listed in The sheathing, or National Register of Historic Places or which have been b. All insulation in the roof/ceiling was previously installed exterior determined to be eligible for listing. to the sheathing or nonexistent. 101.3.2.3 Change of Occupancy or Use: 101.3.2.6 Building Mechanical Systems: Those parts of (( l. AR)' Other thaR GreHfl R OeeHflaRey whieh is systems which are altered or replaced shall comply with flreseRtly HReeRaitieRea where the eeeHflaRe)' er Hse is section 503 of this Code. ehaRgea te ref1Hire eeRaitieRiRg shall ! le ref1Hirea te ! le 101.3.2.7 Service Water Heating: Those parts of l:lreHght iRte foll eeFRflliaRee with this Cetle. systems which are altered or replaced shall comply with 2. The HSe er eeeHflaRey ef aRy Other thaR GreHfl R OeeHflaReies whieh are flreseRtly eeRtlitieRetl FRay !:le 101.3.2.8 ((LightiRg: These flaFts ef S)'SteFRs whieh 8Fe ehaRgea 'NitheHt eeFRfllyiRg with this eeae, flreYiaea aaai alterea er refllaeea iR l !HilaiRgs iRitially eeRstrHetea sHl ljeet tieRa) heat er eeeJiRg is Rel aaaea. te the refjHireffieRts ef this Ceae shall eefflfll)' with seetieR ~)) Any Other than Group R Occupancy which is 505. Other reffieeels er refllaeeffleRts ef lightiRg systeFRs converted to Group R Occupancy shall be brought into full whieh are flart ef a SHl:lstaRtial reffletlel shall eefflflly with compliance with this Code. seetieRS 505. IR aeaitieR, reFReaeliRg ef aRy sizs;e area with er witheHt flHtliRg a Rew eeiliRg gria er SHSfleRsieR S)'Steffi (( 4. ARy GreHfl R OeeHflaRe)' whieh is eeR\'ertea te wheR reHsiRg eKistiRg fiKtHres aRdler atlaiRg Rew eRes shall Other thaR GreHfl R OeeHflaRey shall !:le refjHirea te eeFRfll)' Ret refjHire eeFRflliaRee with the lightiRg flewer l:!Haget as with all ef the flrevisieRs ef this eeae if either Rew er leRg as the iRStalJea Wattage is FRaiHtaiHea er reaHeea. iRereasea heatiRg er eeeliRg is flre,·iaea. ReFReeeliRg ef aR eRtire fleer er aft eRtire teRaRt Sflaee that Permanent [ 60 l Washington State Register, Issue 93-21 WSR 93-21-052 iRel1 1ees a Rew lightiRg systefR with er withe1 1t a Rew eeiliRg (AiF tFenspeFt feeteF The ratie ef the rate ef 1 1sef1 1l grie er Sl ISfleRsieR systefR shall reEj1 1ire eefRfJliaRee ef a seAsiele heat reFReval frefR the eeAtlitienee Sflaee te the lightiRg fl0Wer e1:16get ef seetieR 505. C0fRflliaRee with eAergy iAfll lt ta the Sl lflfll)' aAEl ret1 1m fftR ffieter(s), exflressee switehiRg reEj1 1irefReRts af seetieR 505.2 is eRI)' ret j1 1iree iR eeASisteRt l IRits aRB l IREler the eesigAatee 0fleFatiRg •.;·heR Rew wiriRg is eeiRg RiR relatee ta aeeiRg filtt1:1res aRcb' eeAeitieAs.)) er fott1 1res are eeiRg releeatee ta a Rew eire1 1it.)) Reserved ASHRAE: American Society of Heating, Refrigerating 101.3.3 Mixed Occupancy: When a building houses and Air Conditioning Engineers, Inc. more than one occupancy, each portion of the building shall ASTM: American Society for Testing and Materials conform to the requirements for the occupancy housed Automatic: Self-acting, operating by its own mecha- therein. Where approved by the building official, where nism when actuated by some impersonal influence, as for minor accessory uses do not occupy more than ten percent example, a change in current strength, pressure, temperature of the area of any floor of a building, the major use may be or mechanical configuration. (See Manual.) considered the building occupancy. (Basement Well The epaEj1 1e fl0FtieA af a wall whieh . eAeieses a SaSeffieRt aAe is fler1ially 0f tetally eeiew graee.)) 101.4 Amendments by Local Government: Except as Below grade walls: Walls or the portion of walls provided in RCW 19.27 A.020(7), this Code shall be the which are entirely below the finish grade or which extend maximum and minimum energy code for Group R Occupan- two feet or less above the finish grade. cy in each town, city and county, no later than July I, 1991. Building, existing: See the Washington State Building ((This Catie shall ee the fRiRifRl:IFR eRerg)' eeee fur all ether Code. thaR Grel lfl R Oee1 1flaReies iR eaeh tevlR, eity aRe ea1 1nty.)) Boiler capacity: The rate of heat output in Btu/h measured at the boiler outlet, at the design inlet and outlet AMENDATORY SECTION (Amending WSR 91-01-112, conditions and rated fuel/energy input. filed 12/19/90, effective 7/1/91) Building envelope: The elements of a building which WAC 51-11-0201 General definitions. enclose conditioned spaces through which thermal energy may be transferred to or from the exterior or to or from 201.1 Application of Terms: For the purposes of this spaces exempted by the provisions of Section 101.3.1. Code, certain abbreviations, terms, phrases, words and their Building official: The official authorized to act in derivatives, shall be as set forth in this chapter. Where behalf of a jurisdiction code enforcement agency or its terms are not defined, they shall have their ordinary accepted authorized representative. meanings within the context with which they are used. In Building project: A building or group of buildings, the event there is a question about the definition of a term, including on-site energy conversion or electric-generating the definitions for terms in the codes enumerated in RCW facilities, which utilize a single submittal for a construction 19.27.031 and the edition of Webster's dictionary referenced permit or are within the boundary of a contiguous area under therein shall be considered as the sources for providing one ownership. ordinarily accepted meanings. ((ClePesteFy: A wineew fllaeee iA a wall flrejeetiRg AAMA: American Architectural Manufacturers frefR a reef fllaAe at sixt)' eegrees er ffiere frefR the heri:teA Association ta! ta aeffiit eayiight iRte the interiar af a e1:1ileiAg. (See ((Accepted analysis metluuls: Heating/eealiRg aRe Skylight.))) lightiRg leae eale1 1lati011s fleFfefffieEi iR e eeerEle nee with the Comfort Envelope: The area on a psychrometric chart FR0St el lffeRt flF0ee61 1res eeYelefleEI B)' a Ratienally reeeg enclosing all those conditions described in Standard RS-4, Ri tetl flrefessienal ergani tatien aAEl Etf3flF0'>'ee ey the B1 1ileiRg Figure No. I, as being comfortable. Offieial.)) Conditioned space: All spaces which are provided Addition: See the Washington State Building Code. with heated and/or cooled air or which are capable of being Advanced framed ceiling: Advanced framing assumes maintained at temperatures over fifty degrees F during the full and even depth of insulation extending to the outside heating season, including adjacent connected spaces separat- edge of exterior walls. (See Standard Framing.) ed by an uninsulated component (e.g., basements, utility Advanced framed walls: Studs framed on twenty-four rooms, garages, corridors). inch centers with double top plate and single bottom plate. ((C0ntin11011s eiF heFPieP: A systeffi ef materials Corners use two studs or other means of fully insulating iAstallee Bl IFiRg eeAslr1 1etieA that is eesigAee ta effeetiYely corners, and one stud is used to support each header. miAimize tl=ie tFB:Asfer ef air te er fr01t1 the eanElitianeEl Sflaee Headers consist of double 2X material with R-10 insulation th01 1gh [thra1 1gh] 1 1AiRteAti0Aal efleRiAgs iA the 81 1ileiAg between the header and exterior sheathing. Interior partition eAYelefle.)) wall/exterior wall intersections are fully insulated in the Cooled space: Space within a building which is exterior wall. provided with a positive cooling supply. AFUE. Annual fuel utilization efficiency: Unlike COP - Coefficient of performance: The ratio of the steady state conditions, this rating is based on average usage rate of net heat output (heating mode) or heat removal including on and off cycling as set out in the standardized (cooling mode) to the rate of total on-site energy input to the Department of Energy Test Procedures. heat pump, expressed in consistent units and under designat- Air conditioning, comfort: The process of treating air ed rating conditions. (See Net Heat Output, Net Heat to control simultaneously its temperature, humidity, cleanli- Removal, Total On-Site Energy Input.) ness and distribution to meet requirements of the conditioned Deadband: The temperature range in which no heating space. or cooling is used. [ 61 J Permanent WSR 93-21-052 Washington State Register, Issue 93-21 Degree day, heating: A unit, based upon temperature Gross floor area: The sum of the areas of the several difference and time, used in estimating fuel consumption and floors of the building, including basements, cellars, mezza- specifying nominal heating load of a building in winter. For nine and intermediate floored tiers and penthouses of any one day when the mean temperature is less than sixty- headroom height, measured from the exterior faces of five degrees F there exist as many degree days as there are exterior walls or from the center line of walls separating Fahrenheit degrees difference in temperature between the buildings, but excluding: Covered walkways, open roofed- mean temperature for the day and sixty-five degrees F. over areas, porches and similar spaces. Pipe trenches, Door area: Total area of door measured using the exterior terraces or steps, chimneys, roof overhangs and rough opening and including the door and frame. similar features. Dwelling unit: See the Washington State Building Gross roof/ceiling area: The sum of the areas of the Code. roof/ceiling assembly, consisting of the total interior surface EER. Energy efficiency ratio: The ratio of net area of all elements, including skylights, which enclose a equipment cooling capacity in Btu/h to total rate of electric conditioned space. input in watts under designated operating conditions. Guest room: See the Washington State Building Code. Efficiency, HVAC system: The ratio of useful energy Heat: The form of energy that is transferred by virtue (at the point of use) to the energy input for a designated time of a temperature difference. period, expressed in percent. Heat storage capacity: The physical property of Emissivity: The ability to absorb infrared radiation. A materials (mass) located inside the building envelope to low emissivity implies a higher reflectance of infrared absorb, store, and release heat. radiation. Heated space: Space within a building which is Energy: The capacity for doing work; taking a number provided with a positive heating supply. Finished living of forms which may be transformed from one into another, space within a basement or registers or heating devices such as thermal (heat), mechanical (work), electrical and designed to supply heat to a basement space shall automati- chemical; in customary units, measured in kilowatt-hours cally define that space as heated space. (See Positive (kWh) or British thermal units (Btu). (See New energy.) Heating Supply.) Energy, recovered: (See Recovered energy.) HSPF. Heating season performance factor: The total Exterior envelope: (See Building envelope.) heating output (in Btu) of a heat pump during its normal Floor over unconditioned space: A floor which annual usage period for heating divided by the total (watt separates a conditioned space from an unconditioned space hour) electric power input during the same period, as which is buffered from exterior ambient conditions including determined by test procedures consistent with the U.S. vented crawl spaces and unconditioned basements or other Department of Energy "Test Procedure for Central Air similar spaces, or exposed to exterior ambient conditions Conditioners, Including Heat Pumps" published in the including open parking garages and enclosed garages which December 27, 1979, Federal Register, Vol 44, No. 24, are mechanically ventilated. IOCFR. 430. When specified in Btu per watt hour an F-Value: The perimeter heat loss factor expressed in HSPF of 6.826 is equivalent to a COP of 2.0. Btu/hrefte°F. Humidistat: A regulatory device, actuated by changes Glazing: All areas, including the frames, in the shell of in humidity, used for automatic control of relative humidity. a conditioned space that let in natural light including HV AC: Heating, ventilating and air conditioning. windows, clerestories, skylights, sliding or swinging glass HV AC system components: HV AC system compo- doors and glass block walls. nents provide, in one or more factory-assembled packages, Glazing area: Total area of the glazing measured using means for chilling and/or heating water with controlled the rough opening, and including the glazing, sash, and temperature for delivery to terminal units serving the frame. For doors where the daylight opening area is less conditioned spaces of the buildings. Types of HV AC system than fifty percent of the door area, the glazing area is the components include, but are not limited to, water chiller daylight opening area. For all other doors, the glazing area packages, reciprocating condensing units and water source is the door area. (hydronic) heat pumps. (See HV AC system equipment.) Gross conditioned floor area: The horizontal projec- HV AC system efficiency: (See Efficiency, HVAC tion of that portion of interior space which is contained system.) within exterior walls and which is conditioned directly or HV AC system equipment: HV AC system equipment indirectly by an energy-using system, and which has an provides, in one (single package) or more (split system) average height of five feet or greater, measured from the factory-assembled packages, means for air circulation, air exterior faces. cleaning, air cooling with controlled temperature and Gross exterior wall area: The normal projection of the dehumidification; and optionally, either alone or in combina- building envelope wall area bounding interior space which tion with a heating plant, the functions of heating and is conditioned by an energy-using system; includes opaque humidifying. The cooling function may be either electrically wall, window and door areas. The gross area of walls or heat operated and the refrigerant condenser may be air, consists of all opaque wall areas, including foundation walls, water or evaporatively cooled. Where the equipment is between floor spandrels, peripheral edges of floors, window provided in more than one package, the separate packages areas including sash, and door areas, where such surfaces are shall be designed by the manufacturer to be used together. exposed to exterior ambient conditions and enclose a The equipment may provide the heating function as a hea1 conditioned space including interstitial areas between two pump or by the use of electric elements. (The word "equip- such spaces. ment" used without modifying adjective may, in accordance Permanent [ 62] Washington State Register, Issue 93-21 WSR 93-21-052 with common industry usage, apply either to HVAC system Pool cover: A vapor-retardant cover which lies on or equipment or HVAC system components.) at the surface of the pool. Illumination: The density of the luminous flux incident Positive cooling supply: Mechanical cooling deliber- on a surface; it is the quotient of the luminous flux by the ately supplied to a space, such as through a supply register. area of the surface when the latter is uniformly illuminated. Also, mechanical cooling indirectly supplied to a space Infiltration: The uncontrolled inward air leakage through uninsulated surfaces of space cooling components, through cracks and interstices in any building element and such as evaporator coil cases and cooling distribution around windows and doors of a building caused by the systems which are capable of maintaining air temperatures pressure effects of wind and/or the effect of differences in within the space of eighty-five degrees F, or lower, at the the indoor and outdoor air density. exterior design conditions specified in Section 302.1. To be Insulation baffle: A rigid material, resistant to wind considered exempt from inclusion in this definition, such driven moisture, the purpose of which is to allow air to flow surfaces shall comply with the insulation requirements of this freely into the attic or crawl space and to prevent insulation Code. from blocking the ventilation of these spaces, or the loss of Positive heating supply: Heat deliberately supplied to insulation. Example materials for this purpose are sheet a space by design, such as a supply register, radiator or metal, or wax impregnated cardboard. heating element. Also, heat indirectly supplied to a space Luminaire: A complete lighting unit consisting of a through uninsulated surfaces of service water heaters and lamp or lamps together with the parts designed to distribute space heating components, such as furnaces, boilers and the light, to position and protect the lamps and to connect heating and cooling distributions systems which are capable the lamps to the electric power supply. of maintaining air temperature within the space of fifty Manual: Capable of being operated by personal degrees F, or higher, at the exterior design conditions intervention. (See Automatic.) · specified in Section 302.1. To be considered exempt from Net heat output: The change in the total heat content inclusion in this definition, such surfaces shall comply with of the air entering and leaving the equipment (not including the insulation requirements of this Code. supplementary heat and heat from boilers). Power: In connection with machines, the time rate of Net heat removal: The total heat content of the air doing work. In connection with the transmission of energy entering and leaving the equipment (without heat) or the of all types, the rate at which energy is transmitted; in difference in total heat content of the water or refrigerant customary units, it is measured in watts (W) or British entering and leaving the component. Thermal Units per hour (Btu/h). New energy: Energy, other than recovered energy, Public facility rest room: A rest room used by the utilized for the purpose of heating or cooling. (See energy.) transient public on a regular (rather than casual) basis. Nominal R-value: The thermal resistance of insulation Examples include rest rooms in service stations, airports, as specified by the manufacturer according to recognized train terminals and convention halls. Rest rooms incorporat- trade and engineering standards. ed with private guest rooms in hotels, motels or dormitories Nonrenewable energy sources: All energy sources that and rest room facilities intended for the use of employees are not renewable energy sources including natural gas, oil, and not usually used by the general public are not considered coal, wood, liquified petroleum gas, steam, and any utility- public facility rest rooms. supplied electricity. Radiant slab: A slab on grade containing heated pipes, Occupancy: See the Washington State Building Code. ducts, or electric heating cables that constitute a radiant slab Opaque envelope areas: All exposed areas of a or portion thereof for a complete or partial heating of the building envelope which enclose conditioned space, except structure. openings for windows, skylights, doors, glazing and building Readily accessible: See the Washington State Mechan- service systems. ical Code. Open blown: Loose fill insulation pneumatically Recooling: The removal of heat by sensible cooling of installed in an unconfined attic space. the supply air (directly or indirectly) that has been previously Outdoor air: Air taken from the outdoors and, heated above the temperature to which the air is to be therefore, not previously circulated through the system. supplied to the conditioned space for proper control of the Packaged terminal air conditioner: A factory-selected temperature of that space. combination of heating and cooling components, assemblies Recovered energy: Energy utilized which would or sections intended to serve a room or zone. (For the otherwise be wasted (i.e. not contribute to a desired end use) complete technical definition, see Standard RS-I 0.) from an energy utilization system. Packaged terminal heat pump: A factory-selected Reheat: The application of sensible heat to supply air combination of heating and cooling components, assemblies that has been previously cooled below the temperature of the or sections intended for application in an individual room or conditioned space by either mechanical refrigeration or the zone. (For the complete technical definition, see Standard introduction of outdoor air to provide cooling. RS-21.) Renewable energy sources: Renewable energy sources Permeance (perm): The ability of a material of of energy (excluding minerals) are derived from: (I) specified thickness to transmit moisture in terms of amount incoming solar radiation, including but not limited to, natural of moisture transmitted per unit time for a specified area and daylighting and photosynthetic processes; (2) energy sources differential pressure (grains per houreft2einches of HG). resulting from wind, waves and tides, lake or pond thermal Permeance may be measured using ASTM E-96-72 or other differences; and (3) energy derived from the internal heat of approved dry cup method as specified in RS-1. the earth, including nocturnal thermal exchanges. [ 63] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 Reset: Adjustment of the set point of a control instru- of the eHrreRt revlaeeffleRt valHe of the vartieHlar eHildiRg 01 ment to a higher or lower value automatically or manually strHetHre.)) to conserve energy. System: A combination of central or terminal equip- Roof/ceiling assembly: A roof/ceiling assembly shall ment or components and/or controls, accessories, intercon- be considered as all components of the roof/ceiling envelope necting means, and terminal devices by which energy i5 through which heat flows, thus creating a building transmis- transformed so as to perform a specific function, such a5 sion heat loss or gain, where such assembly is exposed HV AC, service water heating or illumination. exterior ambient conditions to and encloses a conditioned Tapering: Installation of a reduced level of ceiling space. The gross area of a roof/ceiling assembly consists of insulation at the eaves, due to reduced clearance. the total interior surface of such assembly, including sky- ((TermiHel elelfteHt: The FReafts B)" whiek the traRs lights. forfflea eHergy freffl a systefft is fiftally deliYered; i.e ((Ream eir eaHditiaHu: A vaekaged assefflely registers, diffosers, lightiRg fiJltHres, faHeets aRd sifflila1 aesigfted as a Hftit flFifflariJy fef fftOHfttiftg iR a 'w"iRdOW Of eleffleRts.)) thfoHgk a Viall, or as a eoRsole, aftd desigfted to flFOYide free Thermal by-pass: An area where the envelope ae)iYeF)' Of eoRditiORed air to lift efte)osed Sflliee, fOOfft Of surrounding the conditioned space is breached, or where ar zofte. It iftelHdes a vrime seHree ef refrigeratieH fur eeeliHg ineffective application compromises the performance of~ aftd dekHFRidifieatioft aftd ffleafts fur eireHlatiRg aRd eleaftiRg thermal or infiltration barrier, increasing the structure'! air, aftd may also iftelHde FReaRs fer Yefttilatiftg aRd heat energy consumption by exposing finished surfaces tc ~)) ambient conditions and additional heat transfer. Sequence: A consecutive series of operations. Thermal conductance (C): Time rate of heat flov. Service systems: All energy-using systems in a through a body (frequently per unit area) from one of it! building that are operated to provide services·for the occu- bounding surfaces to the other for a unit temperature pants or processes housed therein, including HV AC, service difference between the two surfaces, under steady conditiom water heating, illumination, transportation, cooking or food (Btu/hreft2e°F). preparation, laundering or similar functions. Thermal resistance (R): The reciprocal of therma Service water heating: Supply of hot water for conductance (hreft2e°F/Btu). domestic or commercial purposes other than comfort heating. Thermal transmittance (U): The coefficient of hea ((Serviee water heetiHg de1HeHd: Tke FRaxifflHffl transmission (air to air). It is the time rate of heat flow pe1 desigR rate of eftergy witkdra·;,·al frofft a sen·iee water unit area and unit temperature difference between the wam Reatiftg S)'Stefft ift ft aesigftated f!eriod of tiffte (HSHalJy lift side and cold side air films (Btu/hreft2e°F). The U-valuf hoHr er a day).)) applies to the fractional combinations of different material! Shaded: Glazed area which is externally protected used in series along the heat flow path. from direct solar radiation by use of devices permanently Thermal transmittance, overall (U ): The overal 0 affixed to the structure or by an adjacent building, topo- (average) heat transmission of a gross area of the exterio1 graphical feature, or vegetation. building envelope (Btu/hreft2e°F). The U0-value applies tc Shall: Denotes a mandatory code requirement. the combined effect of the time rate of heat flows througt Single family: One and two family residential dwelling the various parallel paths, such as windows, doors anc units with no more than two units in a single building. opaque construction areas, comprising the gross area of om Skylight: A glazing surface that has a slope of less or more exterior building components, such as walls, floon than sixty degrees from the horizontal plane. or roof/ceiling.· Slab-on-grade, exterior: Any portion of a slab floor Thermostat: An automatic control device actuated b) in contact with the ground which is less than or equal to temperature and designed to be responsive to temperature. twenty-four inches below the final elevation of the nearest Total on-site energy input: The combination of all tht exterior grade. energy inputs to all elements and accessories as included ir Slab-below-grade: Any portion of a slab floor in the equipment components, including but not limited to contact with the ground which is more than twenty-four compressor(s), compressor sump heater(s), circulatin! inches below the final elevation of the nearest exterior grade. pump(s), purge devices, fan(s), and the HVAC systerr Solar energy source: Source of natural daylighting and component control circuit. of thermal, chemical or electrical energy derived directly Transmission coefficient: The ratio of the solar hea from conversion of incident solar radiation. gain through a glazing system to that of an unshaded single Standard framing: All framing practices not defined pane of double strength window glass under the same set o as "intermediate" or "advanced" shall be considered standard. conditions. (See Advanced framed ceiling, Advanced framed walls, U-Value: See thermal transmittance. Intermediate framed wall.) Uniform Building Code: The Washington State Substantial contact: A condition where adjacent Uniform Building Code as modified by the Washington State building materials are placed in a manner that proximal Building Code Council. surfaces are contiguous, being installed and supported as to Uniform Mechanical Code: The Washington State eliminate voids between materials, without compressing or Uniform Mechanical Code as modified by the Washingtm degrading the thermal performance of either product. State Building Code Council. ((SuhsteHtielly remadeled ar rehehiliteted: ARy Unitary cooling and heating equipment: One or mon alteratioft or restoratioR of a eHildiRg or strnetHre withiR 1rny factory- made assemblies which include an evaporator o twelve fftOftth veriod, the eost ef wkiek exeeeds sixty vereeftt cooling coil, a compressor and condenser combination, anc Permanent [ 64] Washington State Register, Issue 93-21 WSR 93-21-052 may include a heating function as well. Where such shall comply with section 402.1 to 402.6. ((ARelysis ef equipment is provided in more than one assembly, the desigR for other b1:1ilaiRgs shell eefflf)ly with seetieRs 402.2 separate assemblies shall be designed to be used together. to 402.6.)) Unitary heat pump: One or more factory-made assemblies which include an indoor conditioning coil, AMENDATORY SECTION (Amending WSR 92-01-140, compressor(s) and outdoor coil or refrigerant-to-water heat filed 12/19/91, effective 7/1/92) exchanger, including means to provide both heating and WAC 51-11-0503 Building mechanical systems. cooling functions. When such equipment is provided in more than one assembly, the separate assemblies shall be 503.l General: This section covers the determination of designed to be used together. design requirements, system and component performance, Vapor retarder: A layer of low moisture control requirements, insulating systems and duct construc- transmissivity material (not more than 1.0 perm dry cup) tion. placed over the warm side (in winter) of insulation, over the EXCEPTION: Special applications, including but not limited to hospitals, exterior of below grade walls, and under floors as ground laboratories, thermally sensitive equipment, and computer cover to limit the transport of water and water vapor through rooms may be exempted from the requirements of this exterior walls, ceilings, and floors. Vapor retarding paint, section when approved by the building official. listed for this application, also complies with this Code. 503.2 Calculations of Heating and Cooling Loads, and Vaulted ceilings: All ceilings where enclosed joist or System Sizing Limits: The design parameters specified in rafter space is formed by ceilings applied directly to the Chapter 3 shall apply for all computations. underside of roof joists or rafters. 503.2.1 Calculation Procedures: Heating and cooling Ventilation: The process of supplying or removing air design loads for the purpose of sizing HV AC systems are by natural or mechanical means to or from any space. Such required and shall be calculated in accordance with accepted air may or may not have been conditioned. Ventilation air: That portion of supply air which engineering practice, including infiltration and ventilation. comes from outside (outdoors) plus any recirculated air that 503.2.2 Space Heating and Space Cooling System has been treated to maintain the desired quality of air within Sizing Limits: Building mechanical systems for all buildings a designated space. which provide space heating and/or space cooling shall be Walls (exterior): Any member or group of members sized no greater than one hundred fifty percent of the heating which defines the exterior boundaries or courts of a building and cooling design loads as calculated above. and which have a slope of sixty degrees or greater with the EXCEPTIONS: The following limited exemptions from the sizing limit horizontal plane, and separates conditioned from uncondi- shall be allowed, however, in all cases heating and/or tioned space. Band joists between floors are to be consid- cooling design load calculations shall be submitted. ered a part of exterior walls. I. For equipment which provides both heating and ((WeteF ehilling 13eellege af ehsaFplien: A faetory cooling in one package unit, including heat pumps with desigRed eRd f>refabrieeted essefflbly (Ret Reeesserily shipped electric heating and cooling and gas-pack units with gas es a siRgle peekege) of eRe or fflere eoRdeRsers, eYeporetors heating and electric cooling, compliance need only be (water eoolers), absorbers eRd geRereters ·.vith iRtereORRee demonstrated for either the space heating or space cooling tioRS eRd eeeessories 1:1sed for ehilliRg water. system size. WeteF ehilling 13eelrnge, eentFifugel aF FateFy: A feetory desigRed eRd prefebrieeted essefflbly (Rot Reeesserily 2. Natural gas- or oil-fired space heating equipment shipped es ORe peekege) or oRe er fflOFe eeRtrifogel er rotary whose total rated space heating output in any one dwelling eofflpressers, eeRdeRsers eRd •Nater eoelers (eveperetors) unit is fifty-six thousand Btu/h or less may exceed the one with iRtereeRReetioRs eRd eeeesseries t1sed fur ehilliRg ·water. hundred fifty percent sizing limit provided that the installed WeteF ehilling 13eellege, Feei13Faeeting: A feetery equipment has an annual fuel utilization efficiency (AFUE) desigRed eRd prefebrieeted essefflbly, self eeRteiRed er of not less than the sum of seventy-eight percent plus one eeRdeRserless, ef ORe or fflore reeipreeetiRg eefflpressors, percent for every five thousand Btu/h that the space heating eeRdeRser (self eeRtaiRed eRly), water eeelers (eYeperetor) equipment output exceeds the design heating load of the eRd iRtereeRReetioRs eRd eeeessories 1:1sed fur ehilliRg water. dwelling unit. The eeRdeRser fflB)' be air, e,·eporetively or water eoeled.)) 3. Stand-by equipment may be installed if controls and Zone: A space or group of spaces within a building other devices are provided which allow redundant equipment with heating and/or cooling requirements sufficiently similar to operate only when the primary equipment is not operating. so that comfort conditions can be maintained throughout by a single controlling device. Each dwelling unit in residential 503.3 Simultaneous Heating and Cooling: Each buildings shall be considered a single zone. temperature control zone shall include.thermostatic controls installed and operated to sequence the use of heating and AMENDATORY SECTION (Amending WSR 91-01-112, cooling energy to satisfy the thermal and/or humidity filed 12119/90, effective 7 /I /91) requirement of the zone. Controls shall prevent reheating (heating air that is cooler than system mixed air), recooling WAC 51-11-0401 Scope. (cooling air that is warmer than the system mixed air), 401.1 General: This chapter establishes design criteria mixing or simultaneous supply of warm air (warmer than in terms of total energy use by a building, including all of its system return air mixed air) and cold air (cooler than system systems. Analysis of design for all Group R Occupancy mixed air), or other simultaneous operation of heating and [ 65 l Permanent WSR 93-21-052 Washington State Register, Issue 93-21 cooling systems to one zone. For the purposes of this 503.4.3 HV AC System Combustion Equipment: For section, system mixed air is defined as system return air Group R Occupancy, all gas, oil, and propane central heating mixed with the minimum ventilation air requirement by systems shall have a minimum AFUE of 0.78*. All other Group R Occupancy heating equipment fueled by gas, oil, or EXCEPTIONS: propane shall be equipped with an intermittent ignition device, or shall comply with the efficiencies as required in I. Variable air volume systems designed to reduce the air supply to each zone during periods of occupancy to the larger of the following: the 1987 National Appliances Energy Conservation Act (Public Law 100-12). ((For all Other Oeet:tf!BReies, all gas a. Thirty percent or less of the peak supply volume. aRs oil fifes eeRtrel heatiRg plaRts shall ha·,·e a ffliRiffit:tffi b. The minimum allowed to meet ventilation requirements of section eoffiet:tstioR effieieRe)· of Rot less thaR that showR iR Teele 303. ~)) c. 0.5 cfm/ft2 of zone conditioned area before reheating, recooling or * HV AC Heating system efficiency trade-offs shall be mixing takes place. Consideration shall be given to supply air temperature reset control. made using Chapters 4 or 6 of this Code. 2. The energy for reheating, or providing warm air in mixing systems, 503.4.4 Packaged and Unitary HV AC System Equip- is provided entirely from recovered energy that would otherwise be wasted, ment, Electrically Operated, Cooling Mode: HV AC system or from renewable energy sources. In addition, the system shall comply equipment as listed below, whose energy input in the cooling with section 503.7 without exception. mode is entirely electric, shall have an energy efficiency 3. Areas where specific humidity levels are required to satisfy process ratio (EER) or a seasonal energy efficiency ratio (SEER) needs. cooling not Jess than values in Table 5-8. 4. Where special pressurization relationships or cross- contamination requirements are such that variable air volume systems are impractical, 503.4.4.1: These requirements apply to, but are not supply air temperatures shall be reset by representative building load or limited to, unitary (central) and packaged terminal heat outside air temperature. pumps (air source and water source); packaged terminal air 503.4 HV AC Equipme~t Performance Requirements: conditioners. 503.4. l Equipment Components: ((6XC6PTIO~J: These Fe~ttiFeltleRls Ile Rel R(l(lly le e~tti(lltleRI 11se!l feF FefFigeFRle!l fee!! eF fleFists' 11Rll Rt1FseFies' eeelers.)) 503.4.1.1: The requirements of this section apply to 503.4.5 ((Applies HVAC 8ysteffi CoFRpoReRts, Eleetri equipment and mechanical component performance for eally Operates, CooliRg Mose: HVAC 8ysteFR eoffipoReRts, heating, ventilating and air-conditioning systems. Equipment as listes iR Teele 5 9, whose eRergy iRp1:1t is eRtirely eleetrie, efficiency levels are specified. Data furnished by the shall have BR eRergy effieieRey ratio (EER) or a CoeffieieRt equipment supplier or certified under a nationally recognized of PerferFRaRee (COP) eooliRg Rot less thaR the val1:1es iR certification program or rating procedure shall be used to Teele 5 9.)) Reserved. satisfy these requirements. Equipment efficiencies shall be based on the standard rating conditions in Tables 5-4, 5-5 or 503.4.6 ((HVAC 8ysteffi BEJ 1 1ipffleRt Heat Operates, 5-6 as appropriate. CeoliRg Mose, BffieieRe)' LiFRitatioR, BEJ t tipFReRt Heat operates eooliRg eEJ 1 1ipffieRt shall have a COP eooliRg Rot 503.4.1.2: Where components from more than one less thaR the ·,·al1:1es iR Teele 5 10.)) Reserved. manufacturer are assembled into systems regulated under this section, compliance for each component shall be as specified 503.5 ((TreRsport ERerg)·: in sections 503.4.2 through 503.4.6 of this Code. 503.5.1 All air 8)'Steffls: The air traRsport faetor fer 503.4.2: HV AC System Heating Equipment Heat eaeh all air S)'SteFR shall ee Rot less thaR 5.5. The faetor Pump-heating Mode. Heat pumps whose energy input is shall ee eases OR sesigR S)'SteFR air flow for eORSt8Rt YO)t:tffie entirely electric shall have a coefficient of performance S)"Steffis. The faetor for veriaele air ;·olt:tffie S)'SteffiS FR8Y ee (COP) heating, not less than the values in Table 5-7. Heat eases OR average eoRsitiORS of operetioR. ERerg)' for Pumps with supplementary backup heat other than electricity tFBRSrer of air throt:tgh heat reeover)' seviees shall ROt ee shall meet the requirements of Table 5-7. iRe)1 1ses iR seterFRiRiRg the faetor; howe·,·er, St teh eRergy shell ee iRe)1 1ses iR the e•1'8)1 tatiOR of the effeetiYeReSS of the 503.4.2.1: These requirements apply to, but are not heat reeo;·ery system. limited to, unitary (central) heat pumps (air source and water source) in the heating mode, water source (hydronic) heat S(l8ee SeR!iilile lleRI Reltle, RI* pumps as used in multiple-unit hydronic HV AC systems, and AiF TF8RSfleFI i"ReleF • heat pumps in the packaged terminal air-conditioner in the Stt(l(ll)' 1 Ret11A1 i"llR(s) PeweF IRp111• heating mode. *Eltpresses iR Bt1:11h or watts 503.4.2.3 Supplementary Heater: The heat pump shall 503.5.2 Other 8ysteFRs: Air 8RS water, all water BRS be installed with a control to prevent supplementary backup t tRitary systems emplO)'iRg ehilles, hot, s1 1al teffiperat1 1re or heater operation when the operating load can be met by the eoRSeRser water treRsport systems to spaee termiRels shall heat pump compression cycle alone. Rot reEJ t tire greater trnRsport eRergy (iRel1 1siRg eeRtrel eRs termiRel faR power 8RS pt tFRp power) thaR BR eEJ t ti,·aleRt all 503.4.2.4 Heat Pump Controls: Requirements for heat pump controls are listed in section 503.8.3.5 of this Code. air S)'SteFR proYisiRg the same spaee seRsiele heat reffio;·al BRS haYiRg BR air ffi!Rsport faetor Rot less thaR 5.5.)) Reserved. Permanent [ 66] Washington State Register, Issue 93-21 WSR 93-21-052 503.6 Balancing: The HV AC system design shall EXCEPTION: Special ((eeett~eeeies)) uses requiring different relative provide a means for balancing air and water systems. humidities may be permitted when approved by the Balancing the system shall include, but not be limited to, building official. dampers, temperature and pressure test connections and 503.8.3 Zoning for Temperature Control: balancing valves. 503.8.3.1 One- and Two-Family Dwellings: At least 503.7 Cooling with Outdoor Air (Economizer Cycle): one thermostat for regulation of space temperature shall be Each fan system shall be designed to use up to and including provided for each separate system. In addition, a readily one hundred percent of the fan system capacity for cooling accessible manual or automatic means shall be provided to with outdoor air automatically whenever its use will result in partially restrict or shut off the heating and/or cooling input lower usage of new energy. Activation of economizer cycle to each zone or floor. shall be controlled by sensing outdoor air enthalpy or 503.8.3.2 Multifamily Dwellings: For multifamily outdoor air dry-bulb temperature alone or alternate means dwellings, each individual dwelling unit shall have at least approved by the building official. one thermostat for regulation of space temperature. A EXCEPTIONS: Cooling with outdoor air is not required under any one or readily accessible manual or automatic means shall be more of the following conditions: provided to partially restrict or shut off the heating and/or l. The fan system capacity is less than three thousand five hundred cooling input to each room. Spaces other than living units cfm or total cooling capacity is less than ninety thousand Btu/h. shall meet the requirements of 503.8.3.3. 2. The quality of the outdoor air is so poor as to require extensive 503.8.3.3 ((Other Tnies ef Bt1ildiRgs er Oeet1paReies: treatment of the air and approval by the building official. At least e11e thermestat fer regt1latieR ef spaee temperatt1re 3. The need for humidification or dehumidification requires the use shall be prnvidecl fer: of more energy than is conserved by the outdoor air cooling on an annual basis. 1. Eaeh separate system. 4. The use of outdoor air cooling may affect the operation of other 2. Eaeh separate zeRe as defiRed iR Chapter 2. As a systems so as to increase the overall energy consumption of the building. miRimt1m, eaeh fleer ef a bt1ilcliRg shall be eeRsiderecl as a 5. When energy recovered from an internal/external zone heat separate zeRe. IR a mt1ltistery bt1ildiRg where the perimeter recovery system exceeds the energy conserved by outdoor air cooling on an S)'Stem effsets eRly the traRsmissieR lesses ef the exterier annual basis. 'Hall, aR eRtire side ef t1Riferffi eitpest1re may be zeRecl 6. When all space cooling is accomplished by a circulating liquid separately. A readily aeeessible ffiaRt1al er at1tematie meaRs which transfers space heat directly or indirectly to a heat rejection device such as a cooling tower without use of a refrigeration system. shall be pre,·idecl te partially restriet er sht1t eff the heatiRg aRd/er eeeliRg iRpt1t te eaeh fleer.)) Reserved. 7. When the use of one hundred percent outside air will cause coil frosting, controls may be added to reduce the quantity of outside air. 503.8.3.4 Control Setback and Shut-off: However, the intent of this exception is to use one hundred percent air in lieu of mechanical cooling when less energy usage will result and this 1. Residential Occupancy Groups. One- and Two- exception applies only to direct expansion systems when the compressor is Family and Multifamily dwellings-The thermostat required running. in section 503.8.3.1 or section 503.8.3.2, or an alternate 503.8 Controls: means such as a switch or clock, shall provide a readily accessible, manual or automatic means for reducing the 503.8.1 Temperature Control: Each system shall be energy required for heating and cooling during the periods provided with at least one adjustable thermostat for the of nonuse or reduced need, such as, but not limited to regulation of temperature. Each thermostat shall be capable unoccupied periods and sleeping hours. Lowering thermostat of being set by adjustment or selection of sensors as follows: set points to reduce energy consumption of heating systems 503.8.1.1 When used to control heating only Fifty- shall not cause energy to be expended to reach the reduced five degrees to seventy-five degrees F. setting. 503.8.1.2 When used to control cooling only Seventy 2. ((Other Bt1ilcliRgs aRcl Oeet1paReies. Baeh HVAC degrees to eighty-five degrees F. S)'Stem shall be eqt1ippecl with a readily aeeessible, at1tematie meaRs ef sht1ttiRg eff er redt1eiRg the eRergy t1sed fer HVAC 503.8.1.3: When used to control both heating and dt1riRg perieds ef ReR t1se er alterRate t1ses ef the bt1ilcliRg cooling, it shall be capable of being set from fifty-five spaees er zeRes sen·ed b)' the system. The fellewiRg are degrees to eighty-five degrees F and shall be capable of examples that meet this reqt1ireFReRt: operating the system heating and cooling in sequence. The thermostat and/or control system shall have an adjustable a. Ma11t1ally acljt1stable at1teffiatie tiffiiRg cleviees. deadband of not less than ten degrees F. b. At1teFRatie eeRtrel S)'Stems.)) Reserved. 503.8.2 Humidity Control: If a system is equipped with 503.8.3.5 Heat Pump Controls: Programmable thermo- a means for adding moisture to maintain specific selected stats are required for all heat pump systems. The cut-on relative humidities in space or zones. a humidistat shall be temperature for the compression heating shall be higher than provided. Humidistats shall be capable of being set to the cut-on temperature for the supplementary heat, and the prevent new energy from being used to produce space- cut-off temperature for the compression heating shall be relative humidity above thirty percent. higher than the cut-off temperature for the supplementary heat. Heat pump thermostats will be capable of providing at least two programmable setback periods per day. The [ 67] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 automatic setback thermostat shall have the capability of 4.6 x (Table 5-12 Thickness)== New Minimum Thickness limiting the use of supplemental heat during the warm-up Actual Resistance period. b. For materials with thermal resistance less than R = 503.9 Air Handling Duct System Insulation: Ducts, 4.0 per inch, the minimum insulation thickness shall be plenums and enclosures installed in or on buildings shall be increased as follows: thermally insulated per Table 5-11. 4.0 x (Table 5-10 Thickness)== New Minimum Thickness Actual Resistance EXCEPTIONS: Duct insulation (except where required to prevent conden- sation) is not required in any of the following cases: c. Additional insulation with vapor barriers shall be I. When the heat gain or loss of the ducts, without provided to prevent condensation where required by the insulation, will not increase the energy requirements of the building official. building. 2. Within the HY AC equipment. AMENDATORY SECTION (Amending WSR 92-01-140, filed 12119/91, effective 7/1/92) 3. Exhaust air ducts. 4. Supply or return air ducts installed in unvented crawl WAC 51-11-0505 ((EleetFieel paweF end lighting)) spaces with insulated walls, basements, or cellars in one- Reserved. and two-family dwellings. ((505.1 GeReral: Eleetrieal distrietttieR aRd lightiRg 503.10 Duct Construction: All duct work shall be systems. shall Be desigRed fur effieieRt distrietttieR aRd tlSe constructed in accordance with Standards RS-15, RS-16, RS- ef eleetrieal eRergy frem the sen·iee eRtraRee te aRd at the 17, RS-18, RS-19 or RS-20, as applicable, and the Uniform 13eiRts ef ttse as 13re1t'ided hereif!. Mechanical Code. 505.2 Lightiflg SwitehiRg: SwitehiRg for ettildiRg 503. l 0.1: High-pressure and medium-pressure ducts lightiflg systems shall Be desigRed BRd iRStalled le 13ermit shall be leak tested in accordance with the applicable effieieRt ttse ef eRerg)' aRd te 13ermit mallimttm fleJtieility iR standards in Chapter 7 of this Code with the rate of air the ttse ef the iRstalled lightiRg. The fellewiRg maRdatery leakage not to exceed the maximum rate specified in that reqttiremeRtS re13reseRt the miRimttm lightiRg eeRtrels le ee standard. iRstalled iR BR)' ettildiRg. AdditieRal eeRtrels shettld ee 503. l 0.2: When low-pressure supply air ducts are 13reYided where deemed a1313re13riate aRd where the iRstalla located outside of the conditioned space, all HV AC ductwork tieR ef stteh eeRtrels eaR sigRifieaRtly redttee eRergy eeR seams and joints, both longitudinal and transverse, shall be Stlffif}tieR. taped and sealed with products approved by the building a. All lightiRg eeRtrels, e)(ee13t atttematie eeRtrels er official only. Ductwork joints shall be mechanically fastened these fur s13eeial f3t1Ff3ese a1313lieatieRs whieh reqttire traiRed with a minimum of three fasteners per joint for a cylindrical e13eraters er these whieh wettld 13ese a safety 13reelem er a duct. Use Table 5- 11 for duct insulation requirements. seettrity hai:ard, shall ee iRstalled se as te ee readily aeeessi 503.10.3: Requirements for Automatic or manual ele le 13erseRRel eeetlf})'iRg er tlSiRg the lightiRg Sf}aee. dampers are found in the Washington State Ventilation and B. The mftlliffitlffi lightiRg 13ewer that may ee eeRtrellea Indoor Air Quality Code. freffi a siRgle switeh er atttematie eeRtrel shall Ret elleeed 503.11 Piping Insulation: All piping installed to serve that f3F0Yided B)' a lWeRt)' affipere eirettit leaded le Re mere buildings (and within) shall be thermally insulated in thaR eighty 13ereeRt. A master eeRtrel ma)' ee iRstalled accordance with Table 5-12. For service hot water systems 13reYided the iRdividttal switehes retaiR their ea13aeility te see section 504.7. If water pipes are outside of conditioned foRetieR iRde13eRdeRtl)'. space then the pipe insulation requirement shall be R-3 e. All lighted s13aees eRelesed ey walls er eeiliRg height minimum for nonrecirculating hot and cold water pipes. For 13artitieRs aRd with fleer area less thaR fettr ht1Rdred sqttare recirculating service hot and cold water pipes use Table 5-12 feet sAall ee f3ff11rided BR iRdi\~dttal lightiRg eeRtffll er BR eeel:Jflflffl for pipe sizes and temperatures. seRsiRg attteffiatie eeRtrel. EXCEPTION: Piping insulation is not required within unitary HY AC d. All lighted s13aees ·.vith fleer area greater thaR futtr equipment. h~JRdred SEjtlare feet shall ee f3F0Yided with eeRt:rels le f}eFFRil 503.11. l Other Insulation Thickness: Insulation redtteiRg the lightiRg ey Rel mere thaR eRe half er eeet113aRt thickness in Table 5-12 is based on insulation having thermal seRsiRg atttematie eeRtrels. resistance in the range of 4.0 to 4.6 per inch of thickness on a flat surface at a mean temperature of seventy-five degrees e. All ettildiRg areas greater thaR twe ht1Rdred sqttare F. Minimum insulation thickness shall be increased for feet where R8lt1Fal JightiRg is aYailaele shall Be flF0Vided With materials having R-values less than 4.0 per inch, or may be iRdividttal eeRtrels er daylight er eeet113aRt seRsiRg attteffiat reduced for materials having R-values greater than 4.6 per ie eeRtrels whieh 13ermit eeRtrel ef lights iRde13eRdeRt ef inch. geReral area lightiRg. Either iRdividttal eeRlrels shall ee 13r01rided fer eaeh rew ef lttmiRaires 13arallel te a wiRdev" a. For materials with thermal resistance greater than R wall er eeRtrels shall ee 13revided te redttee the lightiRg iR = 4.6 per inch, the minimum insulation thickness may be at least twe ste13s te Rel mere thaR eRe half aRd te eem13lete reduced as follows: l)' eff iR the Ratttral lightiRg area. Fer effiee aRd seheel eeet113aReies, at a miRiffittm, lightiRg sen·iRg a WRe withiR Permanent [ 68 l Washington State Register, Issue 93-21 WSR 93-21-052 twe!Ye feet ef a WiAdeVv' wall er the zeAe eetweeR aR iAterier eeili11g lteight !lllflitie11s; elassree111s, ee11feFe11ee ree111s, ee111ii11ter ree111s, '>'>'all aAd the wiAdew wall ef less thaR twelve feet shall sterege llfees, eeffitleFS, er .,.,eiti11g ree111s. eemfJIY with this tJreYisieR. Fer retail eee1:1fJaAeies, at least I!. Fer tlayligh1i11g eeRlrels, e11erg) s111 i11gs ef thirt) iieree11t feF the re"rt' ef l1:1miRaires Hearest the wiRdew shell eemfJI)' with ee11ti1111011s tli111111i11g 1111EI h1 eRt) jleree111 fer steiiiietl ee111rels sh11ll Ile this tJrevisieR. 111le"' ell fer a11) tl11ylit Sjlaee. e. Fer l11111eR 111ei11teRa11ee ee11trels, e11erg) s111 i11gs ef te11 jleFee11t f. All disfJlay, exhieitieR, er SfJeeialty lightiRg shall ee sh11ll l!e 111!0 .. etl fer BR)' siiaee. eeRtrelled iRdefJeRdeRtly ef geReral area lightiRg. El. FeF tie) lightiRg eetitrels "ill! eee11p11RI se11siRg tie, iees, e11ergy g. All eJtterier '31 1ildiRg lightiAg iRel1 1diRg faeede s11\1iRgs ef fert) fe11r jleFeefll shall Ile alle" eEI fer a11) si11gle Sjlllee t11l ta JightiRg, fJarkiRg lets, dri,•eweys, walkways shall ee fl:lr fe11r lt1111tlretl ft;; "i1hi11 Ila) lit Sjlaees, BREI e11elesetl I!) eeili11g heigltt !lllflitie11s. Rished with a1 1temetie eeRtrels te red1 1ee er t1 1rR eff ell lights d1 1riRg tJerieds ef AeR 1 1se er daylight he1 1rs, eiceefJt these e. Fer eee11ii1111t se11si11g Ele\\u2022iees with l11111e11 111eiRte11a11ee ee11trels, req1 1ired fer safety aAd see1 1rit ,·. SigR lights shall ee eicemfJt e11erg) sa • i11gs ef thi~· seYeR iieree11t shall be alle "et! fer llR) siRgle siieee ll!l le fe11r lt11Rtlretl ft e11EI etielesetl I!) eeili11g lteigltt jlllflitie11s. frem this fJF0YisieR. 505.3.2.l: Lighti11g fer the fellewiRg e13fJlieatieRs shall 505.3 LightiRg Pewer B1 1dget A lightiRg fJewer '31 1dget Se eJteH113tea freffl iAe)usieR iR the ea)euJatieR ef JightiRg is the l:lfJfJer limit ef the fJeV11er te ee 8'1'ai)ee)e te tJreYide the 13e·w·er '31:1dgets: lightiRg Reeds iR eeeerdaRee with the eriteria aRd eale1:1letieR fJFeeed1:1re SfJeeified hereiR. Stage lightiRg, eRtertaiRmeRt, er a1 1aie.,·is1 1el tJreseR tatieAs where the lightiAg is aA esseRtial teehAieal elemeRt The lightiRg fJeWer '31 1dget fer a '31 1ildiRg shell ee the fer the fl:IRetieR performea. s1 1m ef the fJewer limits eemfJ1 1tea fer all lighted iRterier eAd exterier SfJ8eeS aRS shall ee aeteffil:iReS iR eeeerdeRee with B. LightiRg fer meaieal 8RS aeRtal taslcs. the tJreeea1:1res SfJeeified iR this seetieR. LightiRg iR areas speeifieell ,· aesigRea fer •t'isually E XCE PTIO~I 0Re 11ml hie ftt111il) tle111eltetl t1 .. elli11gs 11Rtl tlte 11~.elliRg haRdieappea peeple. iieFtie11 ef 11111ltif11111il) 1!11iltliRgs 11Fe ene111iit fFe111 tlte FeEtt1iFe111eRts ef seetieR 595.3. D. Fer restaureAt oeeupaReies, lightiRg fer kiteheAs aRa feod preparatieR areas. 505 .3. I B1 1dget DeYeletJmeRt The iAstellea lightiRg wattage fer the '31 1ildiRg tJrejeet shell Ret exeeed the '31 1aget 505.3.4 B1 1ilaiRg E'Kteriors Tke eicterier lightiRg '31 1dget le»•el eale1 1letea iR this seetieA. The '31 1aget v1ettage )eye) shall ee ealeuleted B)' 1t11:1lti13lyiRg the euilaiRg perimeter iR shall ee the Stiff! ef the iRterier e1 1dget eale1 1Jetea liRS the feet ey 7.5 watts per feet. LightiRg fer 13arkiAg strt1etures eJtterier '31 1aget. LightiRg wattage iRel1 1des lemfJ eRd ballast shall ee ealeulatea at 9.3 watts tJer gress sq1:1ere feet ef wattage. parkiAg area. AR allewaRee fer et1tdeer surfaee 13arlciRg aRd eire1:1JatieR lightiRg fflli)' ee aaeee at 0.05 watts per f#~ 505.3.2 B1 1ildiRg IRteriers The iRterier lightiRg '31 1aget area. LightiRg fer sigRs that are Ret aA iRtegral 13art ef the shell ee eale1 1lated B)' ffll lltifJl)'iRg the gress eeRditieAea fleer e1 1ilaiRg shall ee eJtefflf)ted freffl iRe)1 1sioR iR these ea)e1 1Ja area, iR sq1 1are feet, B)' the 8flfJretJriate l IRit fJevv'er e1 1dget, iR tiefts,.)) watts tJer sq1:1are feet, SfJeeifiea iR Table 5 13. Fer SfJeeial eeAditieRs wheA a1313revea ey the '3t1ilaiRg AMENDATORY SECTION (Amending WSR 92-01-140, effieial, ealet1latieR eased eR I111:1miRatiRg BRgiReeriRg filed 12119/91, effective 711/92) Seeiety URit Pewer DeRsity er similar RatieRelly reeegAized WAC 51-11-0528 Equation 4-((0theF theft CFaup staRdards ffla)' Se l:ISed. R Oeeupeney)) Reserved. The lightiRg 13ewer '3t1dget shell ee eesea eR the 13riffllif)' eee1:113aRe)' fer whieh the SfJaee withiR the '3t1ildiRg is iRteRaed. If m1:1lti13le eeet113aReies are iRteRaed, the lightiRg 13ewer '3t1dget fer eaeh tyfJe ef eeet113eRey shall ee se13arately eale1 1lated aRd Sl lfflffleS te eeteiR the JightiRg e1 1aget fer the iRterier s13eees ef the '31:1ildiRg. If a eemmeR eiret1latieR area ser't'es mt1lti13le eeet113aReies er mt1ltifJle retail s13aees, the lightiRg 13ewer '3t1dget fer the eemmeR eiret1latieR area shell ee the ·.veighted average ef the lightiRg 13ewer '3t1dgets fer ell ether areas eR that fleer. IR eases where a lightiRg 13laA fer eRly a 13ertieA ef a '3t1ildiRg is s1:1emittea, the iRterier lightiRg et1dget shall ee easea eR the gress fleer area eeverea ey the pJtttr. E XCE PTlmls I. WlteFe tlte felle" i11g 1111te111111ie lightiRg eeRIFels life i11sl11lletl, feF e11le11l111ie11s 11setl ta tleter111i11e eetle ee111iili11Ree, the iRst11lletl liglttiRg .. 111111ge 11111) Ile retl11eetl I!) tlte fella" i11g iieFeeRt11ges: 11. Fer eee11ii11Ht seRsiRg tie' iees, e11erg)' s11YiRgs ef tltirt) iie!'eeRI shall Ile 111!0" ell fer BRY siRgle siieee t11l ta fe11r lt1111tlretl ft;; 1111!1 eRelesetl B) [ 69] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 TARGETU0 '/\'here: B 0 the target eombined thermal transmittanee-6f the gross exterior wall, floor' and roof/ceiling ~ Bw the thermal transmittance value of the opaque abo·te grade wall area found in Table 5 '.2. Aw opaque. above grade wall area. BF the thermal transmittanee ·1alue of the floor area found in Table 5 '.2. Ap - floor area 0·1er unconditioned spaee. Be • the thermal transm:ittanee value of the ceiling area found in Table 5 '.2. Ac ceiling area. F5 concrete slab eomponent F value found in Table 5 '.2. P:s lineal ft. of eonerete slab perimeter Permanent [ 70 ) Washington State Register, Issue 93-21 WSR 93-21-052 AMENDATORY SECTION (Amending WSR 92-01-140, filed 12/19/91, effective 7/1/92) WAC 51-11-0529 Equation 5--((0theF than GFeap R Oeeupeney)) Reserved. PROPOSED U0 "'here: Y0 .. the combined thermal transmittance of the gross exterior wall, floor, and roof/ceiling assembly area. Yw - the thermal transmittance .of the. opaque wall- area. YBGW .. the the1mal transmittance value of the below grade opaque wall area. ABGW - opaque below grade wall area. Aw EE opaque wall area. BG - the thet 1nal transmittance of the glazing (window or skylight) area. [ 711 Permanent WSR 93-21-052 Washington State Register, Issue 93-21 :AG m glazing area;. including windows in exterior doors. BF .. the thermal transmittance of the floor area. AF - floor area over unconditioned space. Bro - the thermal transmittance of the roof/ceiling area. ARC - roof/ceiling area. Bee - the thet tnal transmittance of the cathedral ceiling area. Ace .. cathe~ral ceiling area. B 0 .. thermal transmittance value of opaque door area .. :A:0 opaque door area. E!! F5 .. concrete slab component F-factor. Ps lineal ft. of concrete slab perimeter. Iii$ NOTE: Where more than one type of wall, window, roof/ceiling, door, and skylight is used, the ·u and· A "terms for those items shall be expanded into sub elements as: Permanent [ 72] Washington State Register, Issue 93-21 WSR 93-21-052 AMENDATORY SECTION (Amending WSR 92-01-140, filed 12/19/91, effective 711/92) WAC 51-11-0531 Table 5-2-Reserved. COltfPONENT REQUIR91ENTS FOR OTHER THAN GROUP R OCCUPANCIES BUILDINGS OF THREE CONDmONED STORIES OR LESS Zene Ceilings Wall5 Heers Slab eo (loeludes Grade! Glei:Dg) lnstaUed Iestalled -Yll ulJ u" R Valt1e F Vallie I .. 0.035 0.25 0.05 7 G.56 II; 0.035 Q.2Q G.05 IQ Q.54 ! Insulation shall be water resist:&Ht fft&terial fft&nttfeetured fer this use. BUILDINGS OVER 11ffiEE CONDITIONED STORIES : Zene Ceiliugs Fleers Slab eu (loeludes Grede! Glazmg) lnstftlled Installed -Y11 u" R Value F Value I. 0.G8 G.3G 0.G8 7 0.,56 II. 0.06 0.25 <t08 10 0.54 ! InsulatieH shall ~ water resist&flt fft&terial fft&nttfaetured for this use. [ 73] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 AMENDATORY SECTION (Amending WSR 92-01-140, filed 12/19/91, effective 7/1192) WAC 51-11-0532 Table 5-3-Reserved. OTHER THA.l\.,J GROUP R OCCUPANCY HV:hC SYSTEM: HEATING EQUIPM'.ENT G:h8 h..'ffi OIL-FIRED ~lINTh~4 STEADY STA.TE CO~IBUSTIO:N EFFICIENCY Fumaees or Capaeity er AU Other 225,900 Btuth end less Cemmereiell Boilers ef Capacities er Industrial Furnace 300,000 Btulh end less eed Boilers Fereed air fumaees end low pPeSSu re steam or hot water boilers 74 75 GPB''ity eentftil fumeees 69 AD ether veeted heating equipment 69 Combt tstioft effieieney for fome ees of eape eities ef 225, 000 Bttt/h B fld less Bflcl boilers of eape cities of 300l 000 Btt t/h &fie less she ll be tested iH aeeer-d8 ftee 'i1t'ith the e wlieable U.S. Def>e rtmetlt of Energy furnace test proeedt:tres. Combt tst ieft efficiency ef commereie l/industrie l fume ees Etftcl boilers is dcfifted es l 00 pcrecftt miHus ste:ek lesses iH pcreent of heat iApUt. . Sta.ck lesses a.re: Less clt tc le sensible heat in dry fl1 1c ge s Less clue te iAeeFRplete eoFRb1:1stioft. Less due to sensible Etftd le teHt hee t in moisture formed by eombt1stion of hydroge1 in t:he fuel. Permanent [ 74] Washington State Register, Issue 93-21 WSR 93-21-052 AMENDATORY SECTION (Amending WSR 92-01-140, filed 12/19/91, effective 7/1/92) WAC 51-11-0538 Table 5-9-Reserved. --~nNThAA4 EFFICIENCY F-OR ELECTRIC HVAC COMPONENT81•2 'VATER ClHLLING PACKAGES CONDEHSING MEA~~S AIR. WATER . EVAPORATI~ TYPE OF CO:MPRESSOR EER COP EER COP EER COP COMPONENT TYPE Ceedeeser Ceetrifugal IBeluded eF rettu•y 8.00 2.34 13.80 4.04 Reeip~eeating 8.40 2.36 12.00 3.51 Ceedeeserless Reeiproe. 9.90 2.90 12.00 3.51" Cempresser eed eeedeeser ueits 65,900 Btu/hr (19,900 wetts) Pesitive end ever! displaeement. 9.50 2.78 12.50 3.66 12.50 3.66 - . HYDRONIC HEAT PmlPS Weter .seuree under 65,000 Btu/hr Centrifugal (19,000 watts) er rotary 9.00 2.64 Weter seuree 65,900 Btu/hr (19,000 welts) Ceetrifugel eed ever or rotary 9.40 2.15 ! When tested at t,he standard rating eenditiens speeified in Table S &. Ratings in e eeera&ftee with Slfl ftaB Fd RS 14 e s e ppliee ele [ 75] Pennanent WSR 93-21-052 Washington State Register, Issue 93-21 AMENDATORY SECTION (Amending WSR 92-01-140, filed 12/19/91, effective 7/1/92) WAC 51-11-0539 Table 5-10-Reserved. HJl/>C SYSTEM HEl>T OPERATI>I) COOWlG EQUIPMENT HE!.T SOURCE MINIMUM' COP I> ire et Fit ed ( ges, oil ) G.48 ledireet Fired ( steam, hot water ) G.68 Net Coolit!g Ot1tpt1t Minimum COP ! elee!Aeal a1111ili9:f)' iRJlt115 e11el11lled Permanent [ 76] Washington State Register, Issue 93-21 WSR 93-21-052 AMEND A TORY SECTION (Amending WSR 92-01-140, filed 12119/91, effective 7 /1/92) WAC 51-11-0540 Table 5-11. INSUL!.TION OF DUCTS CUMATE INSULATION GROUPR DUCT LOC!.TION ZONE TYPES OCCUPl .... 'TCY MECHh.~CALLY HE!.TING ONLY HEATING OR COOLED COOLING DUCTS On roof er oo exterior er l ~- ro u2 &ftd n r vw C and W ·E and W huildiog II ~&HdW D anEI W D at1el W l.ittie, gal'ftge, · ePBwl spaee, m walls!,-iB B at1d ¥! B E flool'/eei:liog! C and V! t E Within the eonditiooed spaee or iB heated basements· Nette Nooe ReqttireEI Reqttirec ReqttireEI In eemeot slab · or in :reuod B Nate Where tittels ftfe t1se6 fer beth heating anti eool iflg, the miflimttm iflsttlatieA sh& ll he as reqttireEI fer the most restrietive eoHditiofl. lflsttlatiofl may he omiHeEI Of! that portioA of a dttet ·Nhieh is loeateEI withifl a w&:ll or fleer eeiliAg spaee 1 where beth siees ef lhis spaee ftfe exposeEI te eenditieAeEI air MEI 'Nhere this spaee is Aot. \'eAtilaleEI or otherwise expescd to t1HeoHditionec:I air. 2--.... u:/a~po-r~h*w~mri·P-<erF'ls~sHih.aaHH-.-f'be~itlftHsist& ll aH<eElee-eontt-eeo~nd!iti HtieoottieEl~atB 1.rf-r-ss~upBtp~l¥y-td1ttt1 eetsl5-ii ftA-ig~eo~grffati'lp-tthtEieHarareea1¥.st-·w11'ftheierr eeHtrflh ee-t1at""\"e erffla~ge 1 of the Jttly, At1gt1st, Md September meaA deWJ>Oi:ftl tempemtttre exeeeds 60°F. f NSULl!TION TYPES Mirtimt HH eensities &Hti ottt of paekage thiel<fless A. 0.5 ineh L5 to 2 lh/e1:1. ft. dttet liner, mineral or glass fiber blliflket er eqt1i•ralent to pro,·ide !Hl iAstalleEI total thermal resistaAee ef at least R 2. B. iAeh 0.60 lb/e1 1. ft. ·mineml or glass fiber bl£lflket 1.5 ineh 1.5 to 2 le/e1 1. ft. euel liAer, miAernl or glass fiber bl1H1ket. 1.5 inch 3 to 7 lhlett. ft. miAeral or glass fiber hoard or equi'>'a.leAl lo pro'+·ide an iAstalleEI total thermal resistaAee of at least R 5. c. 3 ineh 0. 60 lb/ett. ft. miHeml or gla.ss fiber blMket 2 iHeh 1.5 te 2 lh/eu. ft. duel liner, miAeral or glass fiber blanket. 2 iHeh 3 to 7 10/ett. ft. miAeral or glass fieer eoard or eqtti'+·aleAt to pro .. •iele aA insta HeEI tol 8 1 themtal resistllflee ef at least R 7 B. 4 ineh 0.60 lb/ett. ft. mifleml or.glass fiber blanket 3 iHeh 1.5 to 2 lb/et1. ft. dttet liAer, mineral or gless fiber blRAket. 3 ineh 3 to 7 lb/el:l. ft. mineral or gla.ss fiber boars or equivaleAt to provide RA insl 8 1lec I tol 8 1 themt& l resistance of at least R 10 E. iAeh 0.60 le/e1 1.ft. mineml or ~lass fiber bl&Hket. 2.5 ineh 1.5 to 2 le/e1 1. ft. duet liner, mineral or glB !ls fiber bo&r-8 er equi Yalent to provide B fl instB lled tofal themte l resistaRee of at least R 8 v. . Vapor bllffier, with peffll mting not greater th£lfl 0.5 f)efffi, all joiAts sealeEI. n1 rr. Approvec:I weathefJ'roof bartier. · [ 77] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 TABLZ: S-11 INSQLATION or POCIS GROUP R OCCUPANCY HEATING OR PUCT LOCATION CLI}{p.TE zom: COOLING DUCTS on root or on e z terior ot 1. E and W l?uilding ll p apd W Attic, garage, cravl space. in valls , in 1 1. !loor/ceilipg1 ll Within the conditioned space or ip None heated l?asement Beaurred Ip cement slab or in. around Note: Wbere ducts are used for both heating pnd cooling. the minimum insulation shall be as required for the most restrictive condition. . ~ Insulation may be omitted on that portion of p duct which is located within a wall or floor-ceiling space where both sides of this space are exposed to conditioned air and where this space is not ventilated or otherwise exposed to unconditioned air. . Vapor barriers shall be installed OD conditioned air supply 1 dUcts in geographic areas where the averpge of the July. August. and September mean dewpoint temperature exceeds .§.2.!L. . INSVLATION TYPES: Minimum densities and out-of-package thickness. A.... 0.5-inch 1.5 to 2 lblcµ. ft. du¢t liner. ·mineral or glass fiber blanket or equivalent to provide an installed total thepnal resistpnce of at least B-2. n..., .2-inch 0.60 lb/cµ, ft. mineral or glass fiber blanket 1.5- inch 1.5 to 2 lb/cu. ft. duct liner. mineral or glass fiber blanket. 1.5-inch J to ~ lb/cu. ft. mineral or glass fiber poard or equivalent to provide an installed total thermal .resistance of pt least R-5. ~ 3-inch 0.60 lb/cu. ft. mineral or glass fiber blanket 2-inch 1.5 to 2 lb/cu. ft. duct liner. mineral or glass fiber planket. 2-inch 3 to 7 lb/cu. ft. mineral or glass fiber poprd or eguivplent to provide an installed total thermal resistance of at least R-7. tL. 1-inch 0.60 lb/cu. ft. mineral or glass fiber blanket 3-inch 1.5 to 2 lb/cµ. ft. duct liner. mineral or glass fiper blpnket. 3-inch 3 to 7 lb/cu. ft. mineral or glass fiber board or equivalent to provide pn installed total thermal resistance of at least R-10. ~ 3.5 inch 0.60 lb/cu.ft. mineral or glass fiper blanket. 2.5 inch 1.5 to 2 lb/cu. ft. duct liner. mineral or glass fiber board or equivalent to provide an installed total thermal resistance of at least R-8. Y.:., Vapor barrier. with perm rating not greater than 0.5 pepn. all ioints sealed. !!..... Approved weatherproof barrier. Permanent [ 78] Washington State Register, Issue 93-21 WSR 93-21-052 AMENDATORY SECTION (Amending WSR 92-01-140, filed 12119/91, effective 711/92) WAC 51-11-0542 Table 5-13-Reserved. LIGHTING POWBR BUDGE'l'! LIGH'PING GROUP POWER BUDGET! OCCUPANCY DESCRIP'PION (Watts/Hit- ·Assembly w/stage· Stage lighting 3 -- - - Assembly w/e stage; ether thaf\ B and Excmpt iJ ~ Gaseline serviee statien Sterage l!Jarages Off ice buildings Whelesale sterea ·Peliee and fire statiens Retail steres: less than 6000 ft! ~ 6090 te 20,909 ft! ~ ever 29, 999 tt! ~ Drinking and dininl!J establishments 1. 85 Feed preparatien task light Exempt Aircraft hangars sterage ~ Preeess plant~ -h-G Factories and work shop~ ~ Storage .struetures ~ -B . Scheele and daycare centers ~ Audie visual presentatien lighting Exempt H Storage structures Handling areas Paint shops Auto repair eheps Aircraft repair hangars Institutiens Administrative support areas Diagnostic, treatment, feed ~ervice task lighting Exempt R Dwelling units Exempt Feed preparation task lighting Exempt Watta/fB ef room may be inereased by two percent per feet of height above 20 feet.··- 2 Eifterg~ncy ·exit lighting is exempt frem interior lighting . budget. 3 Lighting that is part ef machines er equipment is exempt from th i S budget . [ 79 l Permanent WSR 93-21-052 Washington State Register, Issue 93-21 AMENDATORY SECTION (Amending WSR 91-01-112, filed 12/19/90, effective 711/91) GMG8'1= WAC 51-11-0605 ((Buildieg eevelape requiremeets i!EN: I ;DE II far ether thee Graup R aeeupeeeies)) Reserved. 9'K:E ~l+IENl~li EMilB•'M'E (605. l 013aq1 1e B1wel013e Criteria Reef/eeiliRgs, /JtoW. eJtteFier •,;·alls, fl00rs ever t1Re0Re liti0Hee I s13aee, eele't'<' grade i m ,ig ;11 1~a; R aG walls, BREI slae BR grade tleers eHelesiRg heated s13aees shall ~IGI ~lllblS RH ee iftst1lated te R0t less thBH the R0FRiRal R ·.·alt1e s13eeifiee:I RGF6 Q.t=R far reef/eeiliHgs, eitterier walls, fleers e·,·er t1He0REliti0ReEI 1J1me1+11N1:1 6l¥Q: RH s13aee, eelew grade walls, BREI slae 0ft grade tleers, res13ee EE1911 e ita "'~ R ~ RS tively, iR Taele 6 7. ReefJeeiliRgs eRelesiHg FReehaRieally Wte Gj 9¥EE RaF6! R :;i R 19 eeeJee I Sf!Bees shall Be iRst1Jatee I te ft0t less thBR the R0FRiR81 QAi!: II'{; 'M'E !'aEle! i e\,j01e! R '>'Blt1e s13eeifiee:I fer Feef/eeiliRgs iR Taele 6 7. MIXIMM =l9rAI GAi! ll'{; PfEA 605.2 GlaziRg Criteria: All glaziRg shall ee, at 8 l'!bef GFess EltteFieF\1\1111 .ti.eel 32!~ ~ FRiRiFRt1FR, E101 1ele glaziRg. 1Rs1 1lati1tg glBSs with at least eRe IASHIBtieA SRall Bee weteF FesistBAt ffflteFiel, ffflA\,jfBel\,jFeel fer i half iReh air s13aee er Bf'f'revee I steFFR sash will ee eeRsie leFee I iAteAdeel \,j9e, eAd iAstel lea te fRIAHfeet\,jrer 's speei f ieet ieAs. as eeFR13lyi1tg. The tetal glaziRg area shall Hat exeeee:I the ' E elillle' deAOtes e miAifftlR air speee ~PoeeA glei!iRQs el 112 iAell 13ereeRtage ef grass eJtterier wall BFea s13eeifiee:I iH Taele 6 7. CHAPTER 11 6XC6PTl0~1: SiHgle glffi':iHg iH !leeFS Rift) Ile iHstalle!I flFB't'i!le!I lkat Ike glailiHg 8FB8 is !lettele!I feF Ike fltlFf!BSe ef llefflBHSIFBliRg ADMINISTRATION AND ENFORCEMENT eeRlflliaRee "ilk tke glailiHg ftfea FetjttiFeffleRts. 605.3 Air Lealtage All e1 1ile liRgs shall eeFR13ly with the NEW SECTION air leakage req1:1ireFReRt ef seetieR 502. 4.)) WAC 51-11-1100 Title. Chapters 11 through 20 o this Code shall be known as the "Washington State Nonresi AMENDATORY SECTION (Amending WSR 91-01-112, dential Energy Code" and may be cited as such; and will b filed 12/19/90, effective 711/91) referred to hereafter as "this Code." WAC 51-11-0606 ((Buildieg meeheeieel systems NEW SECTION requiremeets far ether thee G raup R aeeupeeeies)) Reserved. ((All et1ilEliRg FReehaRieal systeFRS shall e0FRf'I)' WAC 51-11-1110 Purpose and intent. The purpos with the req1:1ireFReRts ef seetieR 503.)) of this Code is to provide minimum standards for new o altered buildings and structures or portions thereof to achiev AMENDATORY SECTION (Amending WSR 91-01-112, efficient use and conservation of energy. It is intended tha filed 12119/90, effective 7/1/91) these provisions provide flexibility to permit the use o WAC 51-11-0607 ((Serviee water heetieg require innovative approaches and techniques to achieve efficient us meet far ether thee Graup R aeeupeReies)) Reserved. and conservation of energy. ((All sen·iee water heatiRg systeFRs shall eeFR13ly with the The purpose of this Code is not to create or otherwis establish or designate any particular class or group o req1:1ireFReRts ef seetieR 504 .)) persons who will or should be especially protected o benefitted by the terms of this Code. This Code is no AMENDATORY SECTION (Amending WSR 92-01-140, intended to abridge any safety or health requirement filed 12/19/91, effective 711/92) required under any other applicable codes or ordinances. WAC 51-11-0608 ((Eleetrieal pawer &Rd IightiRg The provisions of this Code do not consider the efficien requiremeets far ether thee G raup R aeeupeeeies)) cy of various energy forms as they are delivered to th Reserved. ((All eleetrieal 130wer BREI lightiRg systeffis shall building envelope. eeffi13iy with the reqt1ireFReRts ef seetieR 505.)) NEW SECTION AMENDATORY SECTION (Amending WSR 92-01-140, filed 12/19/91, effective 7 /l /92) WAC 51-11-1120 Scope. This Code sets fort minimum requirements for the design of new or altern WAC 51-11-0631 Table 6-7-Reserved. buildings and structures or portions thereof that provid facilities or shelter for public assembly, educational, busi ness, mercantile, institutional, storage, factory, and industri< occupancies by regulating their exterior envelopes and th selection of their HY AC. service water heating, electric< distribution and illuminating systems and equipment fo efficient use and conservation of energy. Permanent C 80 J Washington State Register, Issue 93-21 WSR 93-21-052 NEW SECTION a. The roof sheathing or roof insulation is not exposed; or b. If there is existing roof insulation below the deck. WAC 51-11-1130 Application to existing buildings. Additions, alterations or repairs, changes of occupancy or In no case shall the energy efficiency of the building be use, and historic buildings that do not comply with the decreased. requirements for new buildings, shall comply with the 1132.2 Building Mechanical Systems: Those parts of requirements in Sections 1130 through 1134. systems which are altered or replaced shall comply with Exception: The building official may approve designs of alterations or Chapter 14 of this Code. repairs which do not fully confonn with all of the require- ments of Sections 1130 through 1134 where in the opinion 1132.3 Lighting and Motors: Tenant improvements, alter- of the building official full compliance is physically ations or repairs where 60 percent or more of the fixtures are impossible and/or economically impractical and the new shall comply with Sections 1531 and 1532. Where less alteration or repair improves the energy efficiency of the than 60 percent of the fixtures are new, the installed lighting building. wattage shall be maintained or reduced. Where 60 percent In no case shall energy code requirements be less than or more of the lighting fixtures in a suspended ceiling are those requirements in effect at the time of the initial con- new, and the existing insulation is on the suspended ceiling, struction of the building. the roof/ceiling assembly shall be insulated according to the provisions of Chapter 13 Section 1311.2. NEW SECTION Where new wiring is being installed to serve added WAC 51-11-1131 Additions to existing buildings. fixtures and/or fixtures are being relocated to a new circuit, Additions to existing buildings or structures may be con- controls shall comply with Sections 1513.1 through 1513.5. structed without making the entire building or structure Where a new lighting panel with all new raceway and comply, provided that the new additions shall conform to the conductor wiring from the panel to the fixtures is being provisions of this Code. installed, controls shall comply with Section 1513.6. Exception: New additions which do not fully comply with the Those motors which are altered or replaced shall comply requirements of this Code and which have a floor area with Section 1511. which is less than seven hundred fifty square feet may be approved provided that improvements are made to the existing building to compensate for any deficiencies in the NEW SECTION new addition. Compliance shall be demonstrated by either systems analysis per Section 1141.4 or component perfor- WAC 51-11-1133 Change of occupancy or use. mance calculations per Sections 1330 through 1334. The Changes of occupancy or use shall comply with the follow- nonconforming addition and upgraded, existing building ing requirements: shall have an energy budget or target UA and SHGC that a. Any unconditioned space that is altered to become are less than or equal to the unimproved existing building, conditioned space shall be required to be brought into full with the addition designed to comply with this Code. compliance with this Code. NEW SECTION b. Any Group R occupancy which is converted to other than a Group R occupancy shall be required to comply with WAC 51-11-1132 Alterations and repairs. Alter- all of the provisions of Sections 1130 through 1132 of this ations and repairs to buildings or portions thereof originally Code. constructed subject to the requirements of this Code shall conform to the provisions of this Code without the use of the NEW SECTION exception in Section 1130. Other alterations and repairs inay be made to existing buildings and moved buildings without WAC 51-11-1134 Historic buildings. The building making the entire building comply with all of the require- official may modify the specific requirements of this Code ments of this Code for new buildings, provided the following for historic buildings and require in lieu thereof alternate requirements are met: requirements which will result in a reasonable degree of energy efficiency. This modification may be allowed for 1132.1 Building Envelope: Alterations or repairs shall those buildings which have been specifically designated as comply with nominal R-values and glazing requirements in historically significant by the state or local governing body, Table 13-1 or 13-2. or listed in The National Register of Historic Places or Exceptions: which have been determined to be eligible for listing. I. Storm windows installed over existing glazing. 2. Glass replaced in existing sash and frame provided that glazing is of NEW SECTION equal or lower U-factor. 3. For solar heat gain coefficient compliance, glazing with a solar heat WAC 51-11-1140 Enforcement. The building official gain coefficient equal to or lower than that of the other existing shall have the power to render interpretations of this code glazing. and to adopt and enforce rules and supplemental regulations 4. Existing roof/ceiling, wall or floor cavities exposed during construc- tion provided that these cavities are insulated to full depth with in order to clarify the application of its provisions. Such insulation having a minimum nominal value of R-3.0 per inch interpretations, rules and regulations shall be in conformance installed per Sections 1311 and 1313. with the intent and purpose of this Code. Fees may be 5. Existing walls and floors without framing cavities, provided that any new cavities added to existing walls and floors comply with Exception assessed for enforcement of this Code and shall be as set 4. forth in the fee schedule adopted by the jurisdictions. 6. Where the roof membrane is being replaced and [ 81 ] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 NEW SECTION maintenance manual for that particular model and type of product. WAC 51-11-1141 Plans and specifications. 1141.1 General: If required by the building official, plans NEW SECTION and specifications shall be submitted in support of an application for a building permit. If required by the building WAC 51-11-1143 Inspections. official, plans and specifications shall be stamped and 1143.1 General: All construction or work for which a authenticated by a registered design professional currently permit is required shall be subject to inspection by the licensed in the state of Washington. All plans and specifica- building official and all such construction or work shall tions, together with supporting data, shall be submitted to the remain accessible and exposed for inspection purposes until building official prior to issuance of a building permit. approved by the building official. No work shall be done on any part of the building or structure beyond the point 1141.2 Details: The plans and specifications shall show in indicated in each inspection without first obtaining the sufficient detail all pertinent data and features of the building and the equipment and systems as herein governed including, approval of the building official. but not limited to: Design criteria; exterior envelope 1143.2 Required Inspections: The building official, upon component materials, U-factors of the envelope systems, R- notification, shall make the inspection required in this values of insulating materials; U-factors and shading coeffi- Section, in addition to or as part of those inspections cients of glazing; area weighted U-factor calculations; required in Section 305(e) of the Uniform Building Code. efficiency, economizer, size and type of apparatus and Inspections may be conducted by special inspection pursuant equipment; fan system horsepower; equipment and systems to Section 306(b) and 306(c) of the Uniform Building Code. controls; lighting fixture schedule with wattages and controls Where applicable, inspections shall include at least: narrative; and other pertinent data to indicate compliance 1143.2.1 Envelope with the requirements of this Code. a. Wall Insulation Inspection: To be made after all wall 1141.3 Alternate Materials and Method of Construction: The insulation and air vapor retarder sheet or film materials are provisions of this Code are not intended to prevent the use in place, but before any wall covering is placed. of any material, method of construction, design or insulating b. Glazing Inspection: To be made after glazing system not specifically prescribed herein, provided that such materials are installed in the building. construction, design or insulating system has been approved c. Exterior Roofing Insulation: To be made after the by the building official as meeting the intent of this Code. installation of the roof insulation, but before concealment. The building official may approve any such alternate d. Slab/Floor Insulation: To be made after the installa- provided the proposed alternate meets or exceeds the tion of the slab/floor insulation, but before concealment. provisions of this Code and that the material, method, design 1143.2.2 Mechanical or work offered is for the purpose intended, at least the a. Mechanical Equipment Efficiency and Economizer: equivalent of that prescribed in this Code, in quality, To be made after all equipment and controls required by this strength, effectiveness, fire-resistance, durability, safety, and Code are installed and prior to the concealment of such energy efficiency. The building official may require that equipment or controls. sufficient evidence of proof be submitted to substantiate any b. Mechanical Pipe and Duct Insulation: To be made claims that may be made regarding performance capabilities. after all pipe and duct insulation is in place, but before 1141.4 Systems Analysis Approach for the Entire Building: concealment. In lieu of using Chapters 12 through 20, compliance may be 1143.2.3 Lighting and Motors demonstrated using the systems analysis option in RS-29. a. Lighting Equipment and Controls: To be made after When using systems analysis, the proposed building shall the installation of all lighting equipment and controls provide equal or better conservation of energy than the required by this Code, but before concealment of the lighting standard design as defined in RS-29. If required by the equipment. building official, all energy comparison calculations submit- b. Motor Inspections: To be made after installation of ted under the provisions of RS-29 shall be stamped and all equipment covered by this Code, but prior to conceal- authenticated by an engineer or architect licensed to practice ment. by the state of Washington. 1143.3 Re-inspection: The building official may require a NEW SECTION structure to be re-inspected. A re-inspection fee may be assessed for each inspection or re-inspection when such WAC 51-11-1142 Materials and equipment. portion of work for which inspection is called is not com- 1142.1 Identification: All materials and equipment shall be plete or when corrections called for are not made. identified in order to show compliance with this Code. NEW SECTION 1142.2 Maintenance Information: Maintenance instructions shall be furnished for any equipment which requires preven- WAC 51-11-1144 Violations. It shall be a violation of tive maintenance for efficient operation. Required regular this Code for any person, firm, or corporation to erect or maintenance actions shall be clearly stated and incorporated construct any building, or remodel or rehabilitate any on a readily accessible label. Such label may be limited to existing building or structure in the state, or allow the same identifying, by title or publication number, the operation and to be done, contrary to any of the provisions of this Code. Permanent [ 82] Washington State Register, Issue 93-21 WSR 93-21-052 NEW SECTION insulation between the header and exterior sheathing. WAC 51-11-1150 Conflicts with other codes. In case Interior partition wall/exterior wall intersections are fully of conflicts among Codes enumerated in RCW 19.27.031 insulated in the exterior wall. (See Standard Framing and (1 ), (2), (3) and ( 4) and this Code, the first named Code Section 2005.2 of this Code.) shall govern. The duct insulation requirements in this Code AFUE - ANNUAL FUEL UTILIZATION EFFICIENCY: or a local jurisdiction's energy code, whichever is more Unlike steady state conditions, this rating is based on stringent, supersede the requirements in the Uniform Me- average usage including on and off cycling as set out in the chanical Code. standardized Department of Energy Test Procedures. Where, in any specific case, different sections of this AIR CONDITIONING, COMFORT: The process of Code specify different materials, methods of construction or treating air to control simultaneously its temperature, other requirements, the most restrictive shall govern. Where humidity, cleanliness and distribution to meet requirements there is a conflict between a general requirement and a of the conditioned space. specific requirement, the specific requirement shall be applicable. · ARI: Air Conditioning and Refrigeration Institute. ASHRAE: American Society of Heating, Refrigerating and NEW SECTION Air Conditioning Engineers, Inc. WAC 51-11-1160 Severability and liability. ASTM: American Society for Testing and Materials. 1161 Severability: If any provision of this Code or its AUTOMATIC: Self-acting, operating by its own mecha- application to any person or circumstance is held invalid, the nism when actuated by some impersonal influence, as for remainder of this Code or the application of the provision to example, a change in current strength, pressure, temperature other persons or circumstances is not affected. or mechanical configuration. (See Manual.) 1162 Liability: Nothing contained in this Code is intended BELOW GRADE WALLS: Walls or the portion of walls to be nor shall be construed to create or form the basis for which are entirely below the finished grade or which extend any liability on the part of any city or county or its officers, two feet or less above the finish grade. employees or agents for any injury or damage resulting from the failure of a building to conform to the provisions of this BOILER CAPACITY: The rate of heat output in Btu/h Code. measured at the boiler outlet, at the design inlet and outlet conditions and rated fuel/energy input. CHAPTER 12 BUILDING ENVELOPE: The elements of a building DEFINITIONS which enclose conditioned spaces through which thermal energy may be transferred to or from the exterior, or to or NEW SECTION from unconditioned spaces, or to or from semi-heated spaces, WAC 51-11-1201 Scope. The following definitions or to or from spaces exempted by the provisions of Section will apply to Chapters 11 through 20. 1301. BUILDING, EXISTING: See the Washington State NEW SECTION Building Code. WAC 51-11-1210 Application of terms. For the BUILDING OFFICIAL: The official authorized to act in purposes of this Code, certain abbreviations, terms, phrases, behalf of a jurisdiction code enforcement agency or its words and their derivatives, shall be as set forth in this authorized representative. chapter. Where terms are not defined, they shall have their BUILDING PROJECT: A building or group of buildings, ordinary accepted meanings within the context with which including on-site energy conversion or electric-generating they are used. In the event there is a question about the facilities, which utilize a single submittal for a construction definition of a term, the definitions for terms in the Codes permit or are within the boundary of a contiguous area under enumerated in RCW 19.27.031 and the edition of Webster's one ownership. dictionary referenced therein shall be considered as the sources for providing ordinarily accepted meanings. CONDITIONED FLOOR AREA: (See Gross Condi- tioned Floor Area.) AAMA: American Architectural Manufacturers Association. CONDITIONED SPACE: A cooled space, heated space ADDITION: See the Washington State Building Code. (fully heated), heated space (semi-heated), or indirectly ADV AN CED FRAMED CEILING: Advanced framing conditioned space. assumes full and even depth of insulation extending to the COOLED SPACE: An enclosed space within a building outside edge of exterior walls. (See Standard Framing and that is cooled by a cooling system whose sensible capacity Section 2007.2 of this Code.) a. exceeds 5 Btu/(heft2), or ADVANCED FRAMED WALLS: Studs framed on b. is capable of maintaining space dry bulb tempera- twenty-four inch centers with double top plate and single ture of 90 degrees For less at design cooling bottom plate. Corners use two studs or other means of fully conditions. insulating corners, and one stud is used to support each header. Headers consist of double 2X material with R-10 [ 83] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 COP - COEFFICIENT OF PERFORMANCE: The ratio ECONOMIZER, WATER: A system by which the supply of the rate of net heat output (heating mode) or heat removal air of a cooling system is cooled directly, indirectly, or both, (cooling mode) to the rate of total on-site energy input to the by evaporation of water or by other appropriate fluid in heat pump, expressed in consistent units and under designat- order to reduce or eliminate the need for mechanical refriger- ed rating conditions. (See Net Heat Output, Net Heat ation. Removal, Total On-Site Energy Input.) EFFICIENCY, HVAC SYSTEM: The ratio of useful DAYLIGHTED ZONE: energy (at the point of use) to the energy input for a desig- a. Under overhead glazing: The area under overhead nated time period, expressed in percent. glazing whose horizontal dimension, in each direc- tion, is equal to the overhead glazing dimension in EMISSIVITY: The ability to absorb infrared radiation. A low emissivity implies a higher reflectance of infrared that direction plus either the floor to ceiling height radiation. or the dimension to a ceiling height opaque parti- tion, or one-half the distance to adjacent overhead ENERGY: The capacity for doing work; taking a number or vertical glazing, whichever is least. of forms which may be transformed from one into another, b. At vertical glazing: The area adjacent to vertical such as thermal (heat), mechanical (work), electrical and glazing which receives daylighting from the glaz- chemical; in customary units, measured in kilowatt-hours ing. For purposes of this definition and unless (Kwh) or British thermal units (Btu). (See New energy.) more detailed daylighting analysis is provided, the ENERGY, RECOVERED: (See Recovered energy.) daylighting zone depth is assumed to extend into the space a distance of 15 feet or to the nearest EXTERIOR ENVELOPE: (See Building envelope.) ceiling height opaque partition, whichever is less. FACADE AREA: Vertical projected area including The daylighting zone width is assumed to be the nonhorizontal roof area, overhangs, cornices, etc. measured width of the window plus either two feet on each in elevation in a vertical plane parallel to the plane of the side (the distance to an opaque partition) or one- building face. half the distance to adjacent overhead or vertical glazing, whichever is least. FLOOR OVER UNCONDITIONED SPACE: A floor which separates a conditioned space from an unconditioned DAYLIGHT SENSING CONTROL (DS): A device that space which is buffered from exterior ambient conditions automatically regulates the power input to electric lighting including vented crawl spaces and unconditioned basements near the glazing to maintain the desired workplace illumina- or other similar spaces, or exposed to exterior ambient tion, thus taking advantage of direct or indirect sunlight. conditions including open parking garages and enclosed DEADBAND: The temperature range in which no heating garages which are mechanically ventilated. or cooling is used. F-FACTOR: The perimeter heat loss factor expressed in DESIGN COOLING CONDITIONS: The cooling outdoor Btu/heft "F. design temperature from the 0.5 percent column for summer F-VALUE: (See F-Factor.) from the Puget Sound Chapter of ASHRAE publication "Recommended Outdoor Design Temperatures, Washington GLAZING: All areas, including the frames, in the shell of State, ASHRAE." a conditioned space that let in natural light including windows, clerestories, skylights, sliding or swinging glass DESIGN HEATING CONDITIONS: The heating outdoor doors and glass block walls. design temperature from the 0.6 percent column for winter from the Puget Sound Chapter of ASHRAE publication GLAZING AREA: Total area of the glazing measured "Recommended Outdoor Design Temperatures, Washington using the rough opening, and including the glazing, sash, and State, ASHRAE." frame. For doors where the daylight opening area is less than fifty percent of the door area, the glazing area is the DOOR AREA: Total area of door measured using the daylight opening area. For all other doors, the glazing area rough opening and including the door and frame. is the door area. DOOR: All operable opening areas, which are not glazing, GROSS CONDITIONED FLOOR AREA: The horizontal in the building envelope including swinging and roll-up projection of that portion of interior space which is contained doors, fire doors, smoke vents and access hatches. within exterior walls and which is conditioned directly or DWELLING UNIT: See the Washington State Building indirectly by an energy-using system, and which has an Code. average height of five feet or greater, measured from the exterior faces. EER - ENERGY EFFICIENCY RA TIO: The ratio of net equipment cooling capacity in Btu/h to total rate of electric GROSS EXTERIOR WALL AREA: The normal projec- input in watts under designated operating conditions. tion of the building envelope wall area bounding interior space which is conditioned by an energy-using system; ECONOMIZER, AIR: A ducting arrangement and includes opaque wall. vertical glazing and door areas. The automatic control system that allows a cooling supply fan gross area of walls consists of all opaque wall areas, system to supply outside air to reduce or eliminate the need including foundation walls, between floor spandrels, periph- for mechanical refrigeration during mild or cold weather. eral edges of floors, vertical glazing areas, and door areas, where such surfaces are exposed to exterior ambient condi- Permanent [ 84] Washington State Register, Issue 93-21 WSR 93-21-052 tions and enclose a conditioned space including interstitial HV AC: Heating, ventilating and air conditioning. areas between two such spaces. (See Below Grade Wall.) HVAC SYSTEM COMPONENTS: HV AC system GROSS FLOOR AREA: The sum of the areas of the components provide, in one or more factory-assembled several floors of the building, including basements, cellars, packages, means for chilling and/or heating water with mezzanine and intermediate floored tiers and penthouses of controlled temperature for delivery to terminal units serving headroom height, measured from the exterior faces of the conditioned spaces of the buildings. Types of HV AC exterior walls or from the center line of walls separating system components include, but are not limited to, water buildings, but excluding: Covered walkways, open roofed- chiller packages, reciprocating condensing units and water over areas, porches and similar spaces, pipe trenches, source (hydronic) heat pumps. (See HVAC system equip- exterior terraces or steps, chimneys, roof overhangs and ment.) similar features. HVAC SYSTEM EFFICIENCY: (See Efficiency, HVAC GROSS ROOF/CEILING AREA: A roof/ceiling assembly system.) shall be considered as all components of the roof/ceiling HV AC SYSTEM EQUIPMENT: HV AC system equip- envelope through which heat flows, thus creating a building ment provides, in one (single package) or more (split transmission heat Joss or gain, where such assembly is system) factory-assembled packages, means for air circula- exposed to exterior ambient conditions and encioses a tion, air cleaning, air cooling with controlled temperature and conditioned space. The assembly does not include those dehumidification; and optionally, either alone or in combina- components that are separated from a heated and/or cooled tion with a heating plant, the functions of heating and space by a vented airspace. The gross area of a roof/ceiling humidifying. The cooling function may be either electrically assembly consists of the total interior surface of such or heat operated and the refrigerant condenser may be air, assembly, including overhead glazing. water or evaporatively cooled. Where the equipment is GUEST ROOM: See the Washington State Building Code. provided in more than one package, the separate packages HEAT: The form of energy that is transferred by virtue of shall be designed by the manufacturer to be used together. The equipment may provide the heating function as a heat a temperature difference. pump or by the use of electric elements. (The word "equip- HEAT STORAGE CAPACITY: The physical property of ment" used without modifying adjective may, in accordance materials (mass) located inside the building envelope to with common industry usage, apply either to HV AC system absorb, store, and release heat. equipment or HV AC system components.) HEATED SPACE (FULLY HEATED): An enclosed INDIRECTLY CONDITIONED SPACE: An enclosed space within a building, including adjacent connected spaces space within a building that is not a heated or cooled space, separated by an un-insulated component (e.g., basements, whose area weighted heat transfer coefficient to heated or utility rooms, garages, corridors), which is heated by a cooled spaces exceeds that to the outdoors or to uncondi- heating system whose output capacity is tioned spaces; or through which air from heated or cooled a. capable of maintaining a space dry-bulb tempera- spaces is transferred at a rate exceeding three air changes per ture of 45 degrees F or greater at design heating hour. Enclosed corridors between conditioned spaces shall conditions; or be considered as indirectly conditioned space. (See Heated b. 8 Btu/(heft2) or greater in Climate Zone I and 12 Space, Cooled Space and Unconditioned Space.) Btu/(h• ft2) or greater in Climate Zone 2. INFILTRATION: The uncontrolled inward air leakage HEATED SPACE (SEMI-HEATED): An enclosed space through cracks and interstices in any building element and within a building, including adjacent connected spaces around windows and doors of a building caused by the separated by an un-insulated component (e.g., basements, pressure effects of wind and/or the effect of differences in utility rooms, garages, corridors), which is heated by a the indoor and outdoor air density. heating system INSULATION BAFFLE: A rigid material, resistant to a. whose output capacity is 3 Btu/(heft2) or greater in wind driven moisture, the purpose of which is to allow air Climate Zone 1 and 5 Btu/(h•ft2) or greater in to flow freely into the attic or crawl space and to prevent Climate Zone 2; and insulation from blocking the ventilation of these spaces, or b. is not a Heated Space (Fully Heated). the loss of insulation. Example materials for this purpose HSPF - HEATING SEASON PERFORMANCE FAC- are sheet metal, or wax impregnated cardboard. TOR: The total heating output (in Btu) of a heat pump INSULATION POSITION: during its normal annual usage period for heating divided by a. Exterior Insulation Position: A wall having all or the total (watt hour) electric power input during the same nearly all of its mass exposed to the room air with period, as determined by test procedures consistent with the the insulation on the exterior of the mass. U.S. Department of Energy "Test Procedure for Central Air b. Integral Insulation Position: A wall having mass Conditioners, Including Heat Pumps" published in RS-30. exposed to both room and outside air, with substan- When specified in Btu per watt hour an HSPF of 6.826 is tially equal amounts of mass on the inside and equivalent to a COP of 2.0. outside of the insulation layer. HUMIDISTAT: A regulatory device, actuated by changes c. Interior Insulation Position: A wall not meeting in humidity, used for automatic control ofrelative humidity. either of the above definitions; particularly a wall [ 85 l Permanent WSR 93-21-052 Washington State Register, Issue 93-21 having most of its mass external to the insulation PACKAGED TERMINAL AIR CONDITIONER: A layer. factory-selected combination of heating and cooling compo- nents, assemblies or sections intended to serve a room or IPLV - INTEGRATED PART-LOAD VALUE: A single zone. (For the complete technical definition, see Standard number figure of merit based on part-load EER or COP RS-10.) expressing part-load efficiency for air-conditioning and heat pump equipment on the basis of weighted operation at PERMEANCE (PERM): The ability of a material of various load capacities for the equipment as specified in the specified thickness to transmit moisture in terms of amount Air Conditioning and Refrigeration Institute (ARI) and of moisture transmitted per unit time for a specified area and Cooling Tower Institute (CTI) procedures. differential pressure (grains per houreft2• inches of HG). LUMINAIRE: A complete lighting unit consisting of a Permeance may be measured using ASTM E-96-72 or other lamp or lamps together with the parts designed to distribute approved dry cup method as specified in RS- I. the light, to position and protect the lamps and to connect POOL COVER: A vapor-retardant cover which lies on or the lamps to the electric power supply. at the surface of the pool. MANUAL: Capable of being operated by personal interven- POWER: In connection with machines, the time rate of tion. doing work. In connection with the transmission of energy (See Automatic.) of all types, the rate at which energy is transmitted; in NFPA: National Fire Protection Association. customary units, it is measured in watts (W) or British Thermal Units per hour (Btu/h). NFRC: National Fenestration Rating Council. PROCESS ENERGY: Energy consumed in support of a NET HEAT OUTPUT: The change in the total heat manufacturing, industrial, or commercial process other than content of the air entering and leaving the equipment (not the maintenance of building comfort or amenities for including supplementary heat and heat from boilers). building occupants. NET HEAT REMOVAL: The total difference in heat RADIANT FLOOR: A floor assembly, on grade or below, content of the air entering and leaving the equipment containing heated pipes, ducts, or electric heating cables that (without heat) or the difference in total heat content of the constitute a floor or portion thereof for complete or partial water or refrigerant entering and leaving the component. heating of the structure. NEW ENERGY: Energy, other than recovered energy, READILY ACCESSIBLE: See the Washington State utilized for the purpose of heating or cooling. (See Energy.) Mechanical Code. NOMINAL R-V ALUE: The thermal resistance of insula- RECOOLING: The removal of heat by sensible cooling of tion as specified by the manufacturer according to recog- the supply air (directly or indirectly) that has been previously nized trade and engineering standards. heated above the temperature to which the air is to be NONRENEWABLE ENERGY SOURCES: All energy supplied to the conditioned space for proper control of the sources that are not renewable energy sources including temperature of that space. natural gas, oil, coal, wood, liquified petroleum gas, steam, RECOVERED ENERGY: Energy utilized which would and any utility-supplied electricity. otherwise be wasted (i.e., not contribute to a desired end NONRESIDENTIAL: All buildings and spaces in the use) from an energy utilization system. Uniform Building Code (UBC) occupancies other than REHEAT: The application of sensible heat to supply air Group R. that has been previously cooled below the temperature of the OCCUPANCY: See the Washington State Uniform conditioned space by either mechanical refrigeration or the Building Code. introduction of outdoor air to provide cooling. OCCUPANCY SENSOR: A device that detects occupants RENEWABLE ENERGY SOURCES: Renewable energy within an area, causing any combination of lighting, equip- sources (excluding minerals) derived from: (I) incoming ment or appliances to be turned on or shut off. solar radiation, including but not limited to, natural daylighting and photosynthetic processes; (2) energy sources OPAQUE ENVELOPE AREAS: All exposed areas of a resulting from wind, waves and tides, lake or pond thermal building envelope which enclose conditioned space, except differences; and (3) energy derived from the internal heat of openings for doors, glazing and building service systems. the earth, including nocturnal thermal exchanges. OPEN BLOWN: Loose fill insulation pneumatically RESET: Adjustment of the set point of a control instrument installed in an unconfined attic space. to a higher or lower value automatically or manually to OUTDOOR AIR (OUTSIDE AIR): Air taken from the conserve energy. outdoors and, therefore, not previously circulated through a ROOF/CEILING ASSEMBLY: (See Gross Roof/Ceiling building. Area.) OVERHEAD GLAZING: A glazing surface that has a SEER - SEASONAL ENERGY EFFICIENCY RA TIO: slope of Jess than sixty degrees from the horizontal plane. The total cooling output of an air conditioner during its normal annual usage period, in Btu's, divided by the total Permanent [ 86] Washington State Register, Issue 93-21 WSR 93-21-052 electric energy input in watt-hours, during the same period, SYSTEM: A combination of central or terminal equipment as determined by 10 CFR, Part 430. or components and/or controls, accessories, interconnecting SEMI-HEATED SPACE: Sub-category of Heated Space. means, and terminal devices by which energy is transformed (See Heated Space.) so as to perform a specific function, such as HY AC, service water heating or illumination. SEQUENCE: A consecutive series of operations. TAPERING: Installation of a reduced level of ceiling SERVICE SYSTEMS: All energy-using systems in a insulation at the eaves, due to reduced clearance. building that are operated to provide services for the occu- THERMAL BY-PASS: An area where the envelope pants or processes housed therein, including HY AC, service surrounding the conditioned space is breached, or where an water heating, illumination, transportation, cooking or food ineffective application compromises the performance of a preparation, laundering or similar functions. thermal or infiltration barrier, increasing the structure's SERVICE WATER HEATING: Supply of hot water for energy consumption by exposing finished surfaces to domestic or commercial purposes other than comfort ambient conditions and additional heat transfer. heating. THERMAL CONDUCTANCE (C): Time rate of heat SHADED: Glazed area which is externally protected from flow through a body direct solar radiation by use of devices permanently affixed (frequently per unit area) from one of its bounding surfaces to the structure or by an adjacent building, topographical to the other for a unit temperature difference between the feature, or vegetation. two surfaces, under steady conditions (Btu/heft2e°F). SHADING COEFFICIENT: The ratio of solar heat gain THERMAL RESISTANCE (R): The reciprocal of occurring through non-opaque portions of the glazing, with thermal conductance (heft2e°F/Btu). or without integral shading devices, to the solar heat gain THERMAL TRANSMITTANCE (U): The coefficient of occurring through an equivalent area of unshaded, 1/8-inch heat transmission (air to air). It is the time rate of heat flow thick, clear, double-strength glass. per unit area and unit temperature difference between the Note: Heat gains to be compared under the same conditions. See warm side and cold side air films (Btu/heft2e°F). Chapter 26 of Standard RS-27, listed in Chapter 17 of this Code. THERMAL TRANSMITTANCE, OVERALL ): (U0 The SHALL: Denotes a mandatory Code requirement. overall (average) heat transmission of a gross area of the exterior building envelope (Btu/heft2e°F). The U0-factor SKYLIGHT: (See Overhead Glazing.) applies to the combined effect of the time rate of heat flows SLAB-BELOW-GRADE: Any portion of a slab floor in through the various parallel paths, such as glazing, doors and contact with the ground which is more than twenty-four opaque construction areas, comprising the gross area of one inches below the final elevation of the nearest exterior grade. or more exterior building components, such as walls, floors or roof/ceiling. SLAB-ON-GRADE, EXTERIOR: Any portion of a slab floor in contact with the ground which is less than or equal THERMOSTAT: An automatic control device actuated by to twenty-four inches below the final elevation of the nearest temperature and designed to be responsive to temperature. exterior grade. TOT AL ON-SITE ENERGY INPUT: The combination of SOLAR ENERGY SOURCE: Source of natural all the energy inputs to all elements and accessories as daylighting and of thermal, chemical or electrical energy included in the equipment components, including but not derived directly from conversion of incident solar radiation. limited to, compressor(s), compressor sump heater(s), circulating pump(s), purge devices, fan(s), and the HV AC SOLAR HEAT GAIN COEFFICIENT (SHGC): The system component control circuit. ratio of the solar heat gain entering the space through the glazing product to the incident solar radiation. Solar heat TRANSMISSION COEFFICIENT: The ratio of the solar gain includes directly transmitted solar heat and absorbed heat gain through a glazing system to that of an unshaded solar radiation which is then reradiated, conducted, or single pane of double strength window glass under the same convected into the space. set of conditions. SPLIT SYSTEM: Any heat pump or air conditioning unit U-FACTOR: (See Thermal Transmittance.) which is provided in more than one assembly requiring U-V ALUE: (See U-Factor.) refrigeration piping installed in the field. UNCONDITIONED SPACE: Space within a building that STANDARD FRAMING: All framing practices not is not a conditioned space. (See Conditioned Space). defined as "intermediate" or "advanced" shall be considered standard. (See Advanced framed ceiling, Advanced UNIFORM BUILDING CODE: The Washington State framed walls, Intermediate framed wall.) Uniform Building Code as modified by the Washington State Building Code Council. SUBSTANTIAL CONTACT: A condition where adjacent building materials are placed in a manner that proximal UNIFORM MECHANICAL CODE: The Washington surfaces are contiguous, being installed and supported as to State Uniform Mechanical Code as modified by the Wash- eliminate voids between materials, without compressing or ington State Building Code Council. degrading the thermal performance of either product. [ 87] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 UNIFORM PLUMBING CODE (UPC): The Washington by the building official, all spaces shall be assumed to be at State Uniform Plumbing Code as modified by the Washing- least semi-heated. ton State Building Code Council. Exception: UNITARY COOLING AND HEATING EQUIPMENT: l. Greenhouses isolated from any conditioned space and not intended for One or more factory-made assemblies which include an occupancy. 2. As approved by the building official, spaces not assumed to be at lea~t evaporator or cooling coil, a compressor and condenser semi-heated. combination, and may include a heating function as well. 3. Unconditioned Group M occupancy accessory to Group R occupancy. Where such equipment is provided in more than one assem- bly, the separate assemblies shall be designed to be used NEW SECTION together. WAC 51-11-1302 Space heat type. For the purpose UNIT ARY HEAT PUMP: One or more factory-made of determining building envelope requirements, the following assemblies which include an indoor conditioning coil, two categories comprise all space heating types: compressor(s) and outdoor coil or refrigerant-to-water heat Electric Resistance: Space heating systems which use exchanger, including means to provide both heating and electric resistance elements as the primary heating systems cooling functions. When such equipment is provided in including baseboard, radiant, and forced air units where the more than one assembly, the separate assemblies shall be total electric resistance heat capacity exceeds one watt per designed to be used together. square foot of the gross conditioned floor area. VAPOR RETARDER: A layer of low moisture Exception: Heat pumps and terminal electric resistance heating in transmissivity material (not more than 1.0 perm dry cup) variable air volume distribution systems. placed over the warm side (in winter) of insulation, over the exterior of below grade walls, and under floors as ground Other: All other space heating systems including gas, solid cover to limit the transport of water and water vapor through fuel, oil, and propane space heating systems and those exterior walls, ceilings, and floors. Vapor retarding paint, systems listed in the exception to electric resistance. listed for this application, also meets this definition. · NEW SECTION VAULTED CEILINGS: All ceilings where enclosed joist or rafter space is formed by ceilings applied directly to the WAC 51-11-1303 Climate zones. All buildings shall underside of roof joists or rafters. comply with the requirements of the appropriate climate zone as defined herein. VENTILATION: The process of supplying or removing air by natural or mechanical means to or from any space. Such ZONE 1: Climate Zone 1 shall include all counties air may or may not have been conditioned. not included in Climate Zone 2. VENTILATION AIR: That portion of supply air which ZONE 2: Climate Zone 2 shall include: Adams, comes from outside (outdoors) plus any recirculated air that Chelan, Douglas, Ferry, Grant, Kittitas, has been treated to maintain the desired quality of air within Lincoln, Okanogan, Pend Oreille, Spo- a designated space. kane, Stevens, and Whitman counties. VERTICAL GLAZING: A glazing surface that has a slope NEW SECTION of sixty degrees or greater from the horizontal plane. WAC 51-11-1312 Glazing and doors. WALLS (EXTERIOR): Any member or group of mem- bers which defines the exterior boundaries or courts of a 1312.1 Standard Procedure for Determination of Glazing and building and which have a slope of sixty degrees or greater Door U-Factors: U-Factors for glazing and doors shall be with the horizontal plane, and separates conditioned from determined, certified and labeled in accordance with RS-31 unconditioned space. Band joists between floors are to be by a certified independent agency licensed by the National considered a part of exterior walls. Fenestration Rating Council (NFRC). Compliance shall be based on Model Size AA or BB. Product samples used for ZONE: A space or group of spaces within a building with U-factor determinations shall be production line units or heating and/or cooling requirements sufficiently similar so representative of units as purchased by the consumer or that comfort conditions can be maintained throughout by a contractor. Unlabeled glazing and doors shall be assigned single controlling device. Each dwelling unit in residential the default U-factor in Section 2006. buildings shall be considered a single zone. 1312.2 Solar Heat Gain Coefficient and Shading Coefficient: CHAPTER 13 Solar Heat Gain Coefficient (SHGC), shall be determined, BUILDING ENVELOPE certified and labelled in accordance with the National Fenestration Rating Council (NFRC) Standard by a certified, NEW SECTION independent agency, licensed by the NFRC. Exception: Shading coefficients (SC) shall be an acceptable alternate WAC 51-11-1301 Scope. Conditioned buildings or for compliance with solar heat gain coefficient require- portions thereof shall be constructed to provide the required ments. Shading coefficients for glazing shall be taken thermal performance of the various components according to from Chapter 27 of RS-27 or from the manufacturer's test the requirements of this chapter. Unless otherwise approved data. Permanent [ 88] Washington State Register, Issue 93-21 WSR 93-21-052 NEW SECTION WAC 51-11-1313 Moisture control. WAC 51-11-1321 General. This section establishes 1313.1 Vapor Retarders: Vapor retarders shall be installed building envelope design criteria in terms of prescribed on the warm side (in winter) of insulation as required by this requirements for building construction. section. NEW SECTION Exception: Vapor retarder installed with not more than 1/3 of the nominal R-value between it and the conditioned space. WAC 51-11-1322 Opaque envelope. Roof/ceilings, opaque exterior walls, opaque doors, floors over uncondi- 1313.2 Roof/Ceiling Assemblies: Roof/ceiling assemblies tioned space, below grade walls, slab on grade floors, and where the ventilation space above the insulation is less than radiant floors enclosing conditioned spaces shall be insulated an average of twelve inches shall be provided with a vapor according to Section 1311 and Tables 13-1 or 13-2. Compli- retarder. Roof/ceiling assemblies without a vented airspace, ance with nominal R-values shall be demonstrated for the where neither the roof deck nor the roof structure are made of wood, shall provide a continuous vapor retarder with thermal resistance of the added insulation in framing cavities taped seams. and/or insulated sheathing only. Nominal R-values shall not include the thermal transmittance of other building materials Exception: Vapor retarders need not be provided where all of the or air films. insulation is installed between the roof membrane and the structural roof deck. Exceptions: I. Opaque smoke vents are not required to meet insulation requirements. 1313.3 Walls: Walls separating conditioned space from 2. The perimeter edge of an above grade noor slab which penetrates the unconditioned space shall be provided with a vapor retarder. exterior wall may be left uninsulated provided that the wall insulation is increased by R-2 above that required in Tables 13-1 and 13-2. 1313.4 Floors: Floors separating conditioned space from unconditioned space shall be provided with a vapor retarder. NEW SECTION 1313.5 Crawl Spaces: A ground cover of six mil (0.006 WAC 51-11-1323 Glazing. Glazing shall comply with inch thick) black polyethylene or approved equal shall be Section 1312 and Tables 13-1 or 13-2. All glazing shall be, laid over the ground within crawl spaces. The ground cover at a minimum, double glazing. shall be overlapped twelve inches minimum at the joints and shall extend to the foundation wall. Exceptions: I. Vertical glazing located on the street level story of a retail occupancy Exception: The ground cover may be omitted in crawl spaces if the provided the glazing is double-glazed with a minimum 1/2 inch crawl space has a concrete slab noor with a minimum airspace and does not exceed 7 5 percent of the gross exterior wall area thickness of three and one-half inches. of the street level story which does not exceed 20 feet in height. When this exception is utilized, separate calculations shall be performed for these sections of the building envelope and these values NEW SECTION shall not be averaged with any others for compliance purposes. The WAC 51-11-1314 Air leakage. 75 percent area may be exceeded on the street level, if the additional glass area is provided from allowances from other areas of the 1314.1 Building Envelope: The requirements of this section building. shall apply to building elements separating conditioned from 2. Single glazing for ornamental, security, or architectural purposes shall be included in the percentage of the total glazing area, U-factor unconditioned spaces. Exterior joints around windows and calculation and SHGC as allowed in the Tables 13-1 or 13-2. The door frames, openings between walls and foundation, maximum area allowed for the total of all single glazing is one between walls and roof and wall panels; openings at penetra- percent of the gross exterior wall noor area. tions of utility services through walls, floors, and roofs; and 1323.1 Area: The percentage of total glazing (vertical and all other openings in the building envelope shall be sealed, overhead) area relative to the gross exterior wall area shall caulked, gasketed, or weatherstripped to limit air leakage. not be greater than the appropriate value from Tables 13-1 1314.2 Glazing and Doors: Doors and operable glazing or 13-2 for the vertical glazing U-factor, overhead glazing separating conditioned from unconditioned space shall be U-factor and solar heat gain coefficient selected. weatherstripped. Fixed windows shall be tight fitting with 1323.2 U-Factor: The area-weighted average U-factor of glass retained by stops with sealant or caulking all around. vertical glazing shall not be greater than that specified in Exception: Openings that are required to be fire resistant. Tables 13-1 or 13-2 for the appropriate area and solar heat 1314.3 Building Assemblies Used as Ducts or Plenums: gain coefficient. The area-weighted average U-factor of Building assemblies used as ducts or plenums shall be overhead glazing shall not be greater than that specified in sealed, caulked, and gasketed to limit air leakage. Tables 13-1 or 13-2 for the appropriate area and solar heat gain coefficient. U-factors for glazing shall be determined in accordance with Section 1312. NEW SECTION WAC 51-11-1320 Prescriptive building envelope 1323.3 Solar Heat Gain Coefficient: The area-weighted average solar heat gain coefficient of vertical glazing shall option. not be greater than that specified in Tables 13-1 or 13-2 for the appropriate area and U-factor. The area-weighted average solar heat gain coefficient of overhead glazing shall not be greater than that specified in Tables 13-1 or 13-2 for the appropriate area and U-factor. [ 89] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 NEW SECTION WAC 51-11-1330 Component performance building WAC 51-11-1333 UA Calculations. The target UA1 envelope option. and the proposed UAP shall be calculated using Equations 13-1 and 13-2 and the corresponding areas and U-factors NEW SECTION from Table 13-1 or 13-2. For the target UA1 calculation, the overhead glazing shall be located in roof/ceiling area and the WAC 51-11-1331 General. Buildings or structures remainder of the glazing allowed per Table 13-1 or 13-2 whose design heat loss rate (UAP) and solar heat gain shall be located in the wall area. coefficient (SHGC.P) are less than or equal to the target heat loss rate (UA1) and solar heat gain coefficient (SHGC1) shall CHAPTER 14 be considered in compliance with this section. The stated U- BUILDING MECHANICAL SYSTEMS factor, F-factor or allowable area of any component assem- bly, listed in Tables 13-1 or 13-2, such as roof/ceiling, NEW SECTION opaque wall, opaque door, glazing, floor over conditioned space, slab on grade floor, radiant floor or opaque floor may WAC 51-11-1401 Scope. This section covers the be increased and the U-factor or F-factor for other compo- determination of requirements, system and component nents decreased, provided that the total heat gain or loss for performance, control requirements and duct construction. the entire building envelope does not exceed the total Exception: Special applications, including but not limited to hospitals, resulting from compliance to the U-factors, F-factors or laboratories, thermally sensitive equipment, and rooms allowable areas specified in this section. designed to comply with the special construction and fire protection requirements of NFPA 75, "Standard for the Exception: For buildings or structures utilizing the other space heat Protection of Electronic Computer/Data Processing type (including heat pumps and VA V) compliance path, Equipment" may be exempt from the requirements of this for the gross opaque wall, opaque door and glazing section when approved by the building official. Exemp- (vertical and overhead) area only, compliance may also be tions shall be specific on a case-by-case basis and allowed shown using the ENVSTD diskette version 2.1 or later of only to the extent necessary to accommodate the special RS-9 with the following additional requirements: applications. I. Only the Exterior Wall Requirements portion of RS-32 may be used under this exception. 2. Overhead glazing shall be added to vertical glazing, and shall be input NEW SECTION as 114 north, 1/4 east, 1/4 south and 1/4 west facing. 3. Lighting loads shall be determined according to Table 15-1. WAC 51-11-1402 Mechanical ventilation. The 4. Equipment loads shall be determined from Table 3-1 of RS-29. minimum requirements for ventilation shall comply with the Washington State Ventilation and Indoor Air Quality Code NEW SECTION (chapter 51-13 WAC). WAC 51-11-1332 Component U-factors. The U- NEW SECTION factors for typical construction assemblies are included in Chapter 20. These values shall be used for all calculations. WAC 51-11-1410 General requirements. The Where proposed construction assemblies are not represented building mechanical system shall comply with Sections 1411 in Chapter 20, values shall be calculated in accordance with through 1415, Sections 1440 through 1442 and Sections Chapters 19-27 in RS-27 listed in Chapter 17, using the 1450 through 1454, and with one of the following paths: framing factors listed in Chapter 20. For envelope assem- a. Simple Systems (Packaged Unitary Equipment) blies containing metal framing, the U-factor shall be deter- Sections 1420 through 1424. mined by one of the following methods: · b. Complex Systems Sections 1430 through 1438. I. Results of laboratory measurements according to c. Systems Analysis. See Section 1141.4. acceptable methods of test. FIGURE 14A 2. Standard RS-25, listed in Chapter 17, where the Mechanical Systems Compliance Paths metal framing is bonded on one or both sides to a metal skin or covering. 3. The zone method as provided in Chapter 22 of RS- 27, listed in Chapter 17. 4. Effective framing/cavity R-values as provided in Table 20-5A. When return air ceiling plenums are employed, the roof/ceiling assembly shall: a. For thermal transmittance purposes, not include the ceiling proper nor the plenum space as part of the assembly; and b. For gross area purposes, be based upon the interior face of the upper plenum surface. Permanent [ 90 ] Washington State Register, Issue 93-21 WSR 93-21-052 Simple Complex Systems Section Systems Analysis Number Subject Path Option 1410 General Requirements x 1411 HV AC Equipment Performance Requirements x 1412 Controls x 1413 Air Economizers x 1414 Ducting Systems x 1415 Piping Systems x 1420 Simple Systems (Packaged Unitary Equipment) x 1421 System Type x 1422 Controls x 1423 Economizers x 1424 Separate Air Distribution Systems x 1430 Complex Systems x 1431 System Type x 1432 Controls x 1433 Economizers x 1434 Separate Air Distribution Systems x 1435 Simultaneous Heating and Cooling x 1436 Heat Recovery x 1437 Electric Motor Efficiency x 1438' Variable Flow Systems x RS-29 Systems Analysis x 1440 Service Water Heating x 1441 Water Heater Installation x 1442 Shut Off Controls x 1450 Heated Pools x 1451 General x 1452 Pool Water Heaters x 1453 Controls x 1454 Pool Covers . x NEW SECTION (e.g., space heating) as part of a combination system, shall comply with minimum performance requirements for the WAC 51-11-1411 HV AC Equipment performance principal function category. requirements. 1411.4 Packaged Electric Heating and Cooling Equipment: 1411.1 General: Equipment shall have a minimum perfor- Packaged electric equipment providing both heating and mance at the specified rating conditions not less than the cooling with a total cooling capacity greater than 20,000 values shown in Tables 14-1 through 14-3. Btu/h shall be a heat pump. 1411.2 Rating Conditions: Cooling equipment shall be rated at ARI test conditions and procedures when available. NEW SECTION Where no applicable procedures exist, data shall be furnished WAC 51-11-1413 Air Economizers. by the equipment manufacturer. 1413.1 Operation: Air economizers shall be of automatically J 411.3 Combination Space and Service Water Heating: Equipment whose listed principal function is service water modulating outside and return air dampers to provide 100 heating and which is used to provide additional functions [ 91 ] Pennanent WSR 93-21-052 Washington State Register, Issue 93-21 percent of the design supply air as outside air to reduce or NEW SECTION eliminate the need for mechanical cooling. WAC 51-11-1423 Economizers. Economizers meetinJ 1413.2 Control: Air economizers shall be controlled by a the requirements of Section 1413 shall be installed 01 control system capable of determining if outside air can meet packaged roof top fan-cooling units having a supply capacit: part or all of the building's cooling loads. of greater than 1,900 cfm or a total cooling capacity greate than 54,000 Btu/h. 1413.3 Integrated Operation Building Heating Energy Air economizers shall be capable of providing partial cooling The total capacity of all units without economizers shal even when additional mechanical cooling is required to meet not exceed 240,000 Btu/h per building. the remainder of the cooling load. Controls shall not preclude the economizer operation when mechanical cooling NEW SECTION is required simultaneously. WAC 51-11-1424 Separate air distribution systems Exception: Economizers on individual, direct expansion, cooling Zones with special process temperature requirements and/o systems with capacities not greater than 75,000 Btu/h may humidity requirements shall be served by separate ai include controls that limit simultaneous operation of the economizer and mechanical cooling for the purpose of distribution systems from those serving zones requiring onl: preventing ice formation on cooling coils. comfort conditions. NEW SECTION WAC 51-11-1415 Piping systems. WAC 51-11-1430 Complex systems. 1415.1 Insulation: Piping shall be thermally insulated in NEW SECTION accordance with Table 14-6. Exception: Piping installed within unitary HV AC equipment. WAC 51-11-1431 System type. All systems no qualifying for Sections 1420 through 1424 (Simple Systems: Water pipes outside the conditioned space shall be including field fabricated and constructed of system compo insulated in accordance with Washington State Plumbing nents, shall comply with Sections 1430 through 1438 Code (chapter 51-26 WAC). Simple systems may also comply with Sections 1430 througl 1438. NEW SECTION 1431.1 Field-Assembled Equipment and Components: Field WAC 51-11-1420 Simple systems (packaged unitary assembled equipment and components from more than on equipment). manufacturer shall show compliance with this section an1 Section 1411 through calculations of total on-site energ: NEW SECTION input and output. The combined component efficiencies a WAC 51-11-1421 System type. To qualify as a measured per Section 1411.2, shall be in compliance wit simple system, systems shall be one of the following: the requirements of Section 1411.1. a. Air cooled, constant volume packaged equipment, Total on-site energy input to the equipment shall b which provide heating, cooling or both, and require determined by combining the energy inputs to all compo only external connection to duct work and energy nents, elements, and accessories such as compressor(s; ·services. internal circulating pump(s), purge devices, viscosity contrc b. Air cooled, constant volume split sy$tems, which heaters, and controls. provide heating, cooling or both, with cooling capacity of 54,000 Btu/h or less. NEW SECTION c. Heating only systems which have a capacity of less than 5,000 cfm or which have a minimum outside WAC 51-11-1432 Controls. air supply of less than 70 percent of the total air 1432.1 Setback and Shut-off: Systems that serve zones wit circulation. different uses, as defined in Table 15-1 All other systems shall comply with Sections 1430 1. shall be served by separate systems, or through 1438. 2. shall include isolation devices and controls to shut oJ or set back the supply of heating and cooling to each zon NEW SECTION independently. Exception: Isolation or separate systems are not required for zom WAC 51-11-1422 Controls. In addition to the control expected to operate continuously or expected to b requirements in Section 1412, where separate heating and inoperative only when all other zones are inoperative. cooling equipment serve the same temperature zone, thermo- stats shall be interlocked to prevent simultaneous heating and 1432.2 Systems Temperature Reset Controls cooling. 1432.2.1 Air Systems for Multiple Zones: Systems suppl) ing heated or cooled air to multiple zones shall includ controls which automatically reset supply air temperatures b representative building loads or by outside air temperatun Permanent [ 92 J Washington State Register, Issue 93-21 WSR 93-21-052 Temperature shall be reset by at least 25 percent of the NEW SECTION design supply-air-to-room-air temperature difference. WAC 51-11-1435 Simultaneous heating and cooling. Exception: Where specified humidity levels are required to satisfy Systems which provide heating and cooling simultaneously process needs, such as computer rooms or museums. to a zone are prohibited. Zone thermostatic and humidistatic 1432.2.2 Hydronic Systems: Systems with a design capacity controls shall be capable of operating in sequence the supply of 600,000 Btu/h or greater supplying heated water to of heating and cooling energy to the zone. Such controls comfort conditioning systems shall include controls which shall prevent: automatically reset supply water temperatures by representa- a. Reheating for temperature control. tive building loads (including return water temperature) or by b. Recooling for temperature control. outside air temperature. Temperature shall be reset by at c. Mixing or simultaneous supply of air that has been least 25 percent of the design supply-to-return water temper- previously mechanically heated and air that has ature differences. been previously cooled, either by economizer systems, for all air in excess of that required by the NEW SECTION Washington State Ventilation and Indoor Air Quality Code (WAC 51-13) or by mechanical WAC 51-11-1433 Economizers. Economizers meeting refrigeration. the requirements of Section 1413 shall be installed on the d. Other simultaneous operation of heating and cool- following systems: ing systems to the same zone. a. Packaged roof top fan-cooling units with a supply Exceptions: capacity of greater than 1,900 cfm or a total cool- I. Variable air volume systems which have fan-powered terminal units ing capacity greater than 54,000 Btu/h. on the perimeter zones controlled to utilize plenum heat prior to new b. Other individual fan-cooling units with a supply energy being used for morning warm-up; and which, during periods capacity of greater than 2,800 cfm or a total cool- of occupancy, are designed to reduce the air supply to each zone to a minimum before reheating, recooling, or mixing takes place. The ing capacity greater than 84,000 Btu/h. minimum volume of air from the main supply duct shall be no greater The total capacity of all units without economizers shall than the minimum required to meet ventilation requirements of the Washington State Ventilation and Indoor Air Quality Code (WAC 51- not exceed 240,000 Btu/h per building. 13). Exceptions: 2. Zones having special pressurization relationships or cross-contamina- I. Systems with air or evaporatively cooled condensers and that either tion requirements. one of the following can be demonstrated to the satisfaction of the 3. Where at least 75 percent of the energy for reheating or for providing enforcing agency: warm air in mixing systems is provided from a site-recovered or site- a. Special outside air filtration and treatment, for the reduction and solar energy source. treatment of unusual outdoor contaminants, makes an air 4. Zones where specific humidity levels are required. economizer infeasible. 5. Zones with a peak supply air quantity of 300 cfm or less. b. The use of outdoor air cooling affects the operation of other systems (such as humidification, dehumidification, and super- NEW SECTION market refrigeration systems) so as to increase the overall building energy consumption. WAC 51-11-1436 Heat recovery. Fan systems which 2. Systems for which at least 75 percent of the annual energy used for have both a capacity of 5,000 cfm or greater and which have mechanical cooling is provided from site-recovery or site-solar energy a minimum outside air supply of 70 percent or greater of the source. 3. A water economizer system, which is capable of cooling supply air by total air circulation shall have a heat recovery system with indirect evaporation. Such a system shall be designed and capable of at least 50 percent recovery effectiveness. Fifty percent heat being controlled to provide I 00 percent of the expected system recovery effectiveness shall mean an increase in the outside cooling load at outside air temperatures of 50 degrees F dry-bulb/45 air supply temperature at design heating conditions of one degrees F wet-bulb and below. For this calculation, all factors half the difference between the outdoor design air tempera- including solar and· internal load shall be the same as those used for peak load calculations, except for the outside air temperatures. ture and 65 degrees F. Provision shall be made to bypass or control the heat recovery system to permit air economizer NEW SECTION operation as required by Section 1433. Heat recovery energy may be provided from any site-recovered or site-solar WAC 51-11-1434 Separate air distribution systems. source. Zones with special process temperature requirements and/or humidity requirements shall be served by separate air Exceptions: I. Laboratory systems equipped with both variable air volume supply distribution systems from those serving zones requiring only and variable air volume or two-speed exhaust fume hoods. comfort conditions; or shall include supplementary control 2. Systems serving spaces heated to less than 60 degrees F. provisions so that the primary systems may be specifically 3. Systems which can be shown to use as much energy with the addition controlled for comfort purposes only. of heat recovery equipment as without it. 4. Systems exhausting toxic, flammable, paint exhaust or corrosive fumes Exception: Zones requiring only comfort heating or comfort cooling making the installation of heat recovery equipment impractical. that are served by a system primarily used for process 5. Type I commercial kitchen hoods. temperature and humidity control provided that: I. The total supply air to those comfort zones is no more than 25 percent of the total system supply air, or 2. The total conditioned floor area of the zones is less than 1,000 ft2. [ 93] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 NEW SECTION WAC 51-11-1437 Electric motor efficiency. Design WAC 51-11-1453 Controls. All pool heaters shall bi A & B squirrel-cage, T-frame induction permanently wired equipped with readily accessible ON/OFF switch to allov polyphase motors of 1 hp or more having synchronous shutting off the operation of the heater without adjusting th speeds of 3,600, 1,800 and 1,200 rpm shall have a nominal thermostat setting. Controls shall be provided to allow th full-load motor efficiency no less than the corresponding water temperature to be regulated from the maximum desig1 values for energy efficient motors provided in Table 14-4. temperature down to 65 degrees F. Exceptions: I. Motors used in systems designed to use more than one speed of a CHAPTER 15 multi-speed motor. LIGHTING AND MOTORS 2. Motors used as a component of the equipment meeting the minimum equipment efficiency requirements of Section 1411 and Tables 14-1 and 14-2 provided that the motor input is included when determining NEW SECTION the equipment efficiency. WAC 51-11-1501 Scope. Interior and exterior lightin: 3. Motors that are an integral part of specialized process equipment. 4. Where the motor is integral to a listed piece of equipment for which and electric motors shall comply with the requirements o no complying motor has been approved. this chapter. NEW SECTION WAC 51-11-1438 Variable flow systems. For fans WAC 51-11-1510 General requirements. Lightin: and pumps greater than 10 horsepower, where the application and motors shall comply with Sections 1511 through 1513 involves variable flow, there shall be variable frequency Lighting systems shall comply with one of the followin: drives or variable flow devices installed. Acceptable paths: variable flow devices include variable inlet vanes, variable a. Prescriptive Standards: blade pitch, and variable fan geometry. Throttling valves Interior Section 1521, or (dampers), scroll dampers or bypass circuits shall not be Exterior Section 1522. allowed. b. Component Performance: Interior Section 1531, or NEW SECTION Exterior Section 1532. WAC 51-11-1440 Service water heating. c. Systems Analysis. See Section 1141.4. The compliance path selected for interior and exterio NEW SECTION lighting need not be the same. However, interior an1 WAC 51-11-1441 Water heater installation. Electric exterior lighting cannot be traded. water heaters in unconditioned spaces or on concrete floors Figure ISA shall be placed on an incompressible, insulated surface with a minimum thermal resistance of R-10. Lighting and Motor Compliance Options NEW SECTION WAC 51-11-1442 Shut off controls. Systems de- signed to maintain usage temperatures in hot water pipes, such as circulating hot water systems or heat traced pipes shall be equipped with automatic time switches or other controls to turn off the system during periods of non-use. NEW SECTION WAC 51-11-1450 Heated pools. NEW SECTION WAC 51-11-1451 General. The requirements in this section apply to "general and limited use pools" as defined in the Washington Water Recreation Facilities Regulations (chapter 246-260 WAC). NEW SECTION WAC 51-11-1452 Pool water heaters. Pool water heaters using electric resistance heating as the primary source of heat are prohibited for pools over 2,000 gallons. Permanent [ 94 J Washington State Register, Issue 93-21 WSR 93-21-052 Figure lSA Lighting and l\f otor Compliance Options Lighting Power Systems Section Prescriptive Allowance Analysis Number Subject Option 1510 General Requirements x 1511 Electric Motors x 1512 Exempt Lighting x 1513 Lighting Controls x 1520 Prescriptive Lighting Option x 1521 Prescriptive Interior Lighting Requirements x 1522 Prescriptive Exterior Lighting Reauirements Sec. 1532 1530 Lighting Power Allowance Option x 1531 Interior Lighting Power Allowance x 1532 Exterior Lighting Power Allowance x RS-29 Systems Analysis x NEW SECTION 1512.2, where exempt tasks and equipment are used, shall comply with all of the requirements of this chapter. WAC 51-11-1511 Electric motors. All permanently wired polyphase motors of 1 hp or more, which are not part I. Special lighting needs for research. of an HVAC system, shall comply with Section 1437. 2. Emergency lighting that is automatically OFF during normal building operation. Exceptions: I. Motors that are an integral part of specialized process equipment. 3. Lighting for signs, and ballasted lighting for walk- 2. Where the motor is integral to a listed piece of equipment for which ways and pathways. no complying motor has been approved. 4. Lighting that is part of machines, equipment or furniture. NEW SECTION 5. Lighting that is used solely for indoor plant growth WAC 51-11-1512 Exempt lighting. during the hours of I 0 00 p.m. to 6 00 a.m 6. Lighting for theatrical productions, television 1512.1 Exempt Spaces: The following rooms, spaces, and broadcasting (including sports facilities), audio- areas, are exempt from the lighting power requirements in visual presentations, and special effects lighting for Sections 1520 and 1530 but shall comply with all other stage areas and dance floors in entertainment requirements of this chapter. facilities. 1. Areas in which medical or dental tasks are per- 7. Lighting for art exhibits, nonretail displays, porta- formed. ble plug in display fixtures, and show case lighting. 2. High risk security areas or any area identified by 8. Exterior lighting for public monuments. safety officials as requiring additional lighting. 3. Spaces designed for primary use by the visually NEW SECTION impaired, hard of hearing.(lip-teading) or by senior WAC 51-11-1520 Prescriptive lighting option. citizens. 4. Food preparation areas. NEW SECTION 5. Outdoor manufacturing, greenhouses, and process- ing areas. WAC 51-11-1521 Prescriptive interior lighting 6. Electrical/mechanical equipment rooms. requirements. Spaces for which the Unit Lighting Power 7. Outdoor athletic facilities. Allowance in Table 15-1 is 0.8 watts per square foot or 8. Inspection and restoration areas in galleries and greater may use unlimited numbers of lighting fixtures and museums. lighting energy, provided that the installed lighting fixtures are one- or two- lamp (but not three- or more lamp) non- 1512.2 Exempt Lighting Equipment: The following lighting lensed, fluorescent fixtures fitted with type T-5, T-6, T-8 or equipment and tasks are exempt from the lighting require- PL type lamps from 5 to 50 watts and electronic ballasts. ments of Section 1520 and need not be included when calculating the installed lighting power under Section 1530 Exception: Up to a total of 5 percent of installed lighting fixtures but shall comply with all other requirements of this chapter. need not be ballasted and may use any type of lamp. All other lighting in areas that are not exempted by Section [ 95 J Permanent WSR 93-21-052 Washington State Register, Issue 93-21 NEW SECTION CODE WAC 51-11-1522 Prescriptive exterior lighting STANDARD requirements. See section 1532. NO. TITLE AND SOURCE RS-I through RS-8 (Reserved) NEW SECTION RS-9 ASHRAE/IES Standard 90.1-1989, Efficien1 WAC 51-11-1530 Component performance lighting Design of Buildings option. The installed lighting wattage shall not exceed the Except New Low-Rise Residential Buildings. lighting power allowance. Lighting wattage includes lamp RS-10 through RS-17 (Reserved) and ballast wattage. Wattage for fluorescent lamps and RS-18 SMACNA Duct Metal and Flexible Construe· ballasts shall be tested per ANSI Standard C82.2- l 984. ti on Standards, 1st Edition. RS-19 through RS-24 (Reserved) The wattage used for any unballasted fixture shall be the RS-25 Thermal Bridges in Sheet Metal Constructior maximum UL listed wattage for that fixture regardless of the from Appendix E of RS-9. lamp installed. The wattage used for track lighting shall be RS-26 Super Good Cents Technical Reference. the maximum of actual luminaire wattage or 50 watts per RS-27 1993 ASHRAE Fundamentals Handbook. lineal foot of track. RS-28 1992 ASHRAE HV AC Systems and Equip· No credit towards compliance with the lighting power ment Handbook. allowances shall be given for the use of any controls, RS-29 Commercial Building Design by System! automatic or otherwise. Analysis. RS-30 Title 10, Code of Federal Regulations (CFR) NEW SECTION Part 430 (March 14, 1988). RS-31 National Fenestration Rating Council (NFRC: WAC 51-11-1531 Interior lighting power allowance. Standard 100-91. The interior lighting power allowance shall be calculated by multiplying the gross interior floor area, in square feet, by the appropriate unit lighting power allowance, in watts per ACCREDITED AUTHORITATIVE AGENCIES square foot, for the use as specified in Table 15-1. Accesso- ANSI refers to the American National Standards Institute ry uses, including corridors, lobbies and toilet facilities shall Inc., 1430 Broadway, New York, NY 10018 be included with the primary use. ARI refers to the Air Conditioning and Refrigeratior If multiple uses are intended, the lighting power Institute, 4301 North Fairfax Drive, Suite 425, Arlington. allowance for each type of use shall be separately calculated VA 22203 and summed to obtain the interior lighting power allowance. ASHRAE refers to the American Society of Heating In cases where a lighting plan for only a portion of a Refrigerating and Air Conditioning Engineers, Inc., 1791 building is submitted, the interior lighting power allowance Tullie Circle, N.E., Atlanta, GA 30329 shall be based on the gross floor area covered by the plan. Plans submitted for common areas only, including corridors, ASTM refers to the American Society for Testing anc lobbies and toilet facilities shall use the lighting power Materials, 1916 Race Street, Philadelphia, PA 19103 allowance for common areas in Table 15-1. CTI refers to the Cooling Tower Institute, P.O. Box 7338: When insufficient information is known about the Houston TX 77273 specific use of the space, the allowance shall be based on the NFRC refers to National Fenestration Rating Council, 130( apparent intended use of the space. Spring Street, Suite 120, Silver Spring, MD 20910 CHAPTER 16 SMACNA refers to the Sheet Metal and Air Conditionin~ (RESERVED) Contractors National Association, Inc., 4201 Lafayette Cente1 Drive, Chantilly, VA 22021-1209. CHAPTER 17 STANDARDS CHAPTER 18 (RESERVED) NEW SECTION CHAPTER 19 WAC 51-11-1701 Scope. The following standards will (RESERVED) apply to Chapters 11 through 20. The standards and portions thereof, which are referred CHAPTER 20 to in various parts of this Code shall be part of the Washing- DEFAULT HEAT-LOSS COEFFICIENTS ton State Energy Code and are hereby declared to be a part of this Code. NEW SECTION WAC 51-11-2000 Default heat-loss coefficients (Reserved.) Permanent [ 96] Washington State Register, Issue 93-21 WSR 93-21-052 NEW SECTION 2001.3 Air Films: Default R-values used for air films shall WAC 51-11-2001 General. be as follows: 2001.1 Scope: The following defaults will apply to Chapters R-Value Condition 11 through 20. This chapter includes tables of seasonal 0.17 All exterior surfaces average heat-loss coefficients for specified nominal insula- 0.61 Interior horizontal surfaces, heat flow up tion. The heat-Joss coefficients may also be used for heating 0.72 Interior horizontal surfaces, heat flow system sizing. down 0.68 Interior vertical surfaces 2001.2 Description: These coefficients were developed primarily from data and procedures from Standard RS-27, 2001.4 Compression of Insulation: Insulation which is and taken specifically from Standard RS-26, listed in compressed shall be rated in accordance with Table 20-A or Chapter 17. reduction in value may be calculated in accordance with the procedures in Standard RS-27 listed in Chapter 17. Coefficients not contained. in this chapter may be computed using the procedures listed in these references if TABLE 20-A the assumptions in the following sections and Standard RS- R-value of Fiberglass Batts Compressed 26, listed in Chapter 17, are used, along with data from the within Various Depth Cavities sources referenced above. Insulation R-Value at Standard Thickness R-Value 38 30 22 21 19 15 13 11 8 5 3 Standard Thickness 12" 9- 6- 5- 6- 3- 2- 1- 3/4" 1/2" 3/4" 112" 1/4" 1/2" 5/8" 1/2" Nominal Actual Lumber Depth of Insulation R-Values when Installed in a Confined Cavity Sizes Cavity 2" x 12" 11-1/4" 37 -- 2" x 10" 9-1/4" 32 30 -- 2" x 8" 7-1/4" 27 26 -- 2" x 6" 5-112" -- 21 20 21 18 -- 2" x 4" 3-1/2" -- 14 -- 13 15 13 11 -- 2" x 3" 2-1/2" -- 9.8 -- 2" x 2" 1-1/2" -- 6.3 6.0 5.7 5.0 -- 2" x 1" 3/4" -- 3.2 3.0 NEW SECTION Interior insulation is assumed to be fiberglass batts placed in the cavity formed by 2x4 framing on twenty-four WAC 51-11-2002 Below grade walls and slabs. inch centers with one-half inch of gypsum board as the 2002.1 General: Table 20-1 lists heat-loss coefficients for interior finish material. Exterior insulation is assumed to be below-grade walls and floors. applied directly to the exterior of the below-grade wall from the top of the wall to the footing. The exterior case does not Coefficients for below-grade walls are given as assume any interior framing or sheetrock. U-factors (Btu/heft2e°F of wall area). Coefficients for below-grade slabs are listed as F-factors (Btu/hefte°F per In all cases, the entire wall surface is assumed to be lineal foot of slab perimeter). insulated to the indicated nominal level with the appropriate framing and insulation application. Coefficients are listed Below-grade wall U-factors are only valid when used for wall depths of two, three and one-half, and seven feet with the accompanying below-grade slab F-factor, and vice below grade. Basements shallower than two feet should use versa. on-grade slab coefficients. 2002.2 Component Description: All below-grade walls are Heat-loss calculations for wall areas above grade should assumed to be eight inch concrete. The wall is assumed to use above-grade wall U-factors, beginning at the mudsill. extend from the slab upward to the top of the mud sill for the distance specified in Table 20-1. with six inches of 2002.3 Insulation Description: Coefficients are listed for the concrete wall extending above grade. following four configurations: I. Uninsulated: No insulation or interior finish. [ 97 ] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 2. Interior insulation: Interior 2x4 insulated wall earth. The bottom of the slab is assumed to be at grade line. without a thermal break between concrete wall and Monolithic and floating slabs are not differentiated. slab. Soil is assumed to have a conductivity of 3. Interior insulation with thermal break: Interior 2x4 0.15 Btu/heft2e°F. Slabs two feet or more below grade insulated wall with R-5 rigid board providing a should use basement coefficients. thermal break between the concrete wall and the slab. 2003.3 Insulation Description: Coefficients are provided for 4. Exterior insulation: Insulation applied directly to the following three configurations: the exterior surface of the concrete wall. Two Foot (or Four Foot) vertical: Insulation is applied directly to the slab exterior, extending downward from TABLE20-l the top of the slab to a depth of two feet (or four feet) Default Wall U-Factors and below grade. Slab F-Factors for Basements Two Foot (or Four Foot) horizontal: Insulation is applied directly to the underside of the slab, and run horizontally from the perimeter inward for two feet (or 2-Foot Depth four feet). The slab edge is exposed in this configura- Below Grade tion. Fully insulated slab: Insulation extends from the top of Uninsulated 0.350 0.59 the slab, along the entire perimeter, and completely R-11 Interior 0.066 0.68 covers the area under the slab. Thicker perimeter R-11 Interior w/tb 0.070 0.60 insulation covers the slab edge and extends two feet R-19 Interior 0.043 0.69 under the slab. R-19 Interior w/tb 0.045 0.61 R-10 Exterior 0.070 0.60 TABLE2().2 R-12 Exterior Dcfoult F-Faclors for On-Grade Slabs 0.061 0.60 ' Insulation h'""' I R-0 'I R-5 ' I R-10 R-15'. 3.5-Foot Depth Unhealed Slab Uninsulated slab 0.73 Below Grade 2-ft Horizontal fNo thermal hreak) 4-ft Horiz.ontal-iNo thermal hreak\ 0.70 0.67 0.70 0.64 0.69 0.63 2-ft Vertical 0.58 0.54 0.52 Uninsulated 4-ft vertical 0.278 0.53 0.54 0.48 0.45 Fullv insulalcd slab 0.36 R-11 Interior 0.062 0.63 Unin."iulatcd slab Healed Sl:ib 0.84 R-11 Interior w/tb 0.064 0.51 Pullv insulated slab 0.74 0.55 0.44 R-5 Center r\Vith ncrimeter insulalion) R-19 Interior 0.041 0.66 0.62 0.64 R-10 Center IWith ncrimctcr insulation\ 0.51 R-19 Interior w/tb 0.042 3-ft Vertical 0.57 0.78 R-10 Exterior 0.064 0.51 R-12 Exterior 0.057 0.57 NEW SECTION WAC 51-11-2004 Floors over unconditioned space. 7-Foot Depth Below Grade 2004.1 General: Tables 20-3, 20-4 and 20-4a list heat loss coefficients for floors over unconditioned spaces in units of Uninsulated 0.193 0.46 Btu/heft2e°F. R-11 Interior 0.054 0.56 They are derived from procedures listed in Standard RS- R-11 Interior w/tb 0.056 0.42 27, listed in Chapter 17, assuming an average outdoor R-19 Interior 0.037 0.57 temperature of 45 degrees F, an average indoor temperature R-19 Interior w/tb 0.038 0.43 of 65 degrees F, and a crawl space area of 1350 ft2 and one R-10 Exterior 0.056 0.42 hundred feet of perimeter. The crawl space is assumed to be R-12 Exterior 0.050 0.42 two and one-half feet high, with twenty-four inches below grade and six inches above grade. 2004.2 Category Description: Four configurations are NEW SECTION considered: vented crawl space, unvented crawl space, WAC 51-11-2003 On-grade slab floors. heated plenum crawl space and exposed floor. 2003.1 General: Table 20-2 lists heat-loss coefficients for Vented crawl spaces: Assumed to have three unheated and heated on-grade slab floors, in units of air-changes per hour, with at least one ft2 of net-free Btu/he°F per lineal foot of perimeter. ventilation in the foundation for every three hundred ft2 of crawl space floor area. The crawl space is not actively 2003.2 Component Description: All on-grade slab floors are heated. assumed to be six inch concrete poured directly onto the Permanent [ 98] Washington State Register, Issue 93-21 WSR 93-21-052 Floors over unheated areas, such as garages, may only use those values which have R-0 perimeter insulation. Unvented crawl spaces: Assumed to have 1.5 air TABLE20-4 changes per hour, with less than one ft2 of net-free ventila- Default U-factors for Floors Over tion in the foundation for every three hundred ft2 of crawl Heated Plenum Crawlspace space floor area. The crawl space is not actively heated. Floors over unheated basements may only use those values which have R-0 perimeter insulation. t HNomina)tJi Hf'.R~vatiiefierinfoieF/ Heated-plenum crawl spaces: Assumed to have 0.25 air-changes per hour, with no foundation vents. Heated 11 0.085 supply air from central furnace is blown into a crawl space 19 0.075 and allowed to enter the living space unducted via holes cut 30 0.069' into the floor. Exposed floors: Assumes no buffer space, and a covering of one-half inch of Tl-I I on the exterior of the TABLE20-4a cavity exposed to the outside air or rigid insulation below a Exposed Floors concrete floor, such as over parking garages. 2004.3 Construction Description: Floors are assumed to be either joisted floors framed on sixteen inch centers, or post '.',··,.·.,N • R· . ·. ?_·•• .. •·vTa• '~1?u •. re:.1. .... ·.•,·.••.•,. and beam on four by eight foot squares. Insulation is assumed to be installed under the subflooring between the :'.•.,•.•,•.•.•,•.•,•.• .•.•• .. ·.··.•.•.• .. •.·.•.•.•.·.•.·.·.•,•.','.•.•.·.•.•.•.·.•.'.•.·.·.'.'.•·.·.•.· .·, •. ·.i,•.: ... c.•,•,·.• ..• •.·.o ••. ' .•.•• · •.•. '.•.",•.1 •• ,·.• .• c .• '.'.·.·.•.•.'r. ·~~~· ·; Wooc!!it • ... .•.· ·.•.·,., .,•.M . .. : , . •JOist;i •• 1.·.:. ,;!?isl ..... .,~~.'a·'· , ,.. .. · joists or beams with no space between the insulation and the R-11 0.077 0.088 0.14 subfloor. Insulation is assumed to be uncompressed. R-15 0.059 0.076 0.12 Exposed floors also include concrete with continuous rigid R-19 0.048 0.062 0.11 insulation assumed. R-21 0.043 0.057 0.11 Perimeter insulation is assumed to extend from the top R-25 0.037 0.051 0.10 of the rim joist to the crawl space floor and then inward R-30 0.031 0.040 0.09 along the ground (on top of the ground cover) for at least R-38 0.025 0.034 0.08 twenty-four inches. Floor coverings are assumed to be light carpet with rubber pad. NEW SECTION TABLE20-3 WAC 51-11-2005 Above grade walls. Default U-Factors for Floors Over Crawlspace or Unheated Basement 2005.1 General: Table 20-5, 20-5a and 20-5b list heat-loss coefficients for the opaque portion of above-grade wood stud frame walls, metal stud frame walls and concrete masonry walls (Btu/heft2e°F). They are derived from procedures listed in Standard RS-27, listed in Chapter 17. 2005.2 Framing Description: For wood stud frame walls, 0 0.112 0.134 three framing types are considered, and defined as follows: 11 0.100 0.116 Standard: Studs framed on sixteen inch centers with 19 0.098 0.114 double top plate and single bottom plate. Comers use three 30 0.093 0.107 studs and each opening is framed using two studs. Headers 11 0 0.052 0.056 consist of double 2X or single 4X material with an air space 11 0.048 0.052 left between the header and the exterior sheathing. Interior 19 0 0.038 0.041 partition wall/exterior wall intersections use two studs in the 11 0.036 0.038 exterior wall. 22 0 0.034 0.037 Standard framing weighting factors: 11 0.033 0.035 Studs and plates 0.19 25 0 0.032 0.034 Insulated cavity 0.77 Headers 0.04 11 0.031 0.033 30 0 0,028 0.029 Intermediate: Studs framed on sixteen inch centers with 11 0.027 0.028 double top plate and single bottom plate. Corners use two 38 0 0.024 0.025 studs or other means of fully insulating corners, and each opening is framed by two studs. Headers consist of double 11 0.024 2X material with R-10 insulation between the header and [ 99] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 exterior sheathing. Interior partition wall/exterior wall intersections are fully insulated in the exterior wall. Intermediate framing weighting factors: Studs and plates 0.18 Insulated cavity 0.78 Headers 0.04 Advanced: Studs framed on twenty-four inch centers with double top plate and single bottom plate. Corners use two studs or other means of fully insulating corners, and one stud is used to support each header. Headers consist of double 2X material with R-10 insulation between the header and exterior sheathing. Interior partition wall/exterior wall intersections are fully insulated in the exterior wall. Advanced Framing Weighting Factors: Studs and plates 0.13 Insulated cavity 0.83 Headers 0.04 2005.3 Component Description: For wood stud frame walls, default coefficients for three types of walls are listed: Single-stud walls, strap walls, and double-stud walls. Single-Stud Wall: Assumes either 2x4 or 2x6 studs framed on sixteen or twenty-four inch centers. Headers are solid for 2x4 walls and double 2x for 2x6 walls, with either dead-air or rigid-board insulation in the remaining space. Strap Wall: Assumes 2x6 studs framed on sixteen or twenty-four inch centers. 2x3 or 2x4 strapping is run horizontally along the interior surface of the wall to provide additional space for insulation. Double-Stud Wall: Assumes an exterior structural wall and a separate interior, nonstructural wall. Insulation is placed in both wall cavities and in the space between the two walls. Stud spacing is assumed to be on twenty-four inch centers for both walls. TAilLE20-5 Derault U-raclors for Above-Grade Walls 2 x 4 Single Wood Slud: R-11 Ball R-value.': or foam NOTE: Ron.rd'.· sm C";\ov sm ·AOV Nominal Batt R-valuc: 0 .088 .084 .094 .090 R-11 at 3.5-inch thickness. I .080 .077 .085 .082 2 .074 .071 .078 .075 Installed Ball R-value: 3 .069 .066 .072 .070 R-11 in 3.5-inch cavity 4 .064 .062 .067 .065 5 .060 .058 .063 .061 6 .056 .055 .059 .057 7 .053 .052 .055 .054 8 .051 .049 .052 .051 9 .048 .047 .050 .049 10 .046 .045 .047 .046 11 .044 .043 .045 .044 12 .042 .041 .043 .042 Permanent [ 100 l Washington State Register, Issue 93-21 WSR 93-21-052 2 x 4 Single Wood Stud: R-13 Batt ~:i~~~:! NOTE: =·ilriitd } Nominal Batt R-value: 0 .. 082 .078 .088 .083 R-13 at 3.63-inch thickness 1 .075 .072 .080 .076 2 .069 .066 .073 .070 Installed Batt R-value: 3 .065 .062 .068 .065 R-12. 7 in 3.5-inch cavity 4 .060 .058 .063 .061 5 .057 .055 .059 .057 6 .053 .052 .056 .054 7 .051 .049 .052 .051 8 .048 .047 .050 .048 9 .046 .045 .047 .046 10 .044 .043 .045 .044 11 .042 .041 .043 .042 12 .040 .039 .041 .040 2 x 4 Single Wood Stud: R-15 Batt Sidin NOTE: Nominal Batt R-value: 0 .076 .071 .081 .075 R-15 at 3.5-inch thickness 1 .069 .065 .073 .069 2 .064 .061 .068 .069 Installed Batt R-value: 3 .060 .057 .063 .059 R-15 in 3.5-inch cavity 4 .056 .053 .059 .056 5 .053 .051 .055 .052 6 .050 .048 .052 .050 7 .047 .046 .049 .047 8 .045 .044 .047 .045 9 .043 .042 .044 .043 10 .041 .040 .042 .041 11 .039 .038 .041 .039 12 .038 .037 .039 .038 [ 101 J Permanent WSR 93-21-052 Washington State Register, Issue 93-21 2 x 6 Single Wood Stud: R-19 Batt R.;valu~: •• <>r···ro~ili+ NOTE: ·•·B6atd:: Nominal Batt R-value: 0 .062 .058 .055 .065 .061 .058 R-19 at 6-inch thickness 1 .058 .055 .052 .060 .057 .055 2 .054 .052 .050 .056 .054 .051 Installed Batt R-value: 3 .051 .049 .047 .053 .051 .049 R-18 in 5.5-inch cavity 4 .048 .046 .045 .050 .048 .046 5 .046 .044 .043 .048 .046 .044 6 .044 .042 .041 .045 .044 .042 7 .042 .040 .039 .043 .042 .040 8 .040 .039 .038 .041 .040 .039 9 .038 .037 .035 .039 .038 .037 10 .037 .036 .035 .038 .037 .036 11 .036 .035 .034 .036 .035 12 .034 .033 .035 .034 .033 2 x 6 Single Wood Stud: R-21 Batt R;;;vaiU~r ·: M r6~fr.· NOTE: Ii6~~d@ Nominal Batt R-value: 0 .057 .054 .051 .060 .056 .053 R-21 at 5.5-inch thickness 1 .054 .051 .048 .056 .053 .050 2 .050 .048 .045 .052 .050 .047 Installed Batt R-value: 3 .048 .045 .043 .049 .047 .045 R-21 in 5.5-inch cavity 4 .045 .043 .041 .047 .045 .043 5 .043 .041 .040 .044 .042 .041 6 .041 .039 .038 .042 .041 .039 7 .039 .038 .036 .040 .039 .037 8 .038 .036 .035 .039 .037 .036 9 .036 .035 .034 .037 .036 .035 10 .035 .034 .033 .036 .035 .033 11 .033 .032 .034 .033 .032 12 .032 .031 .033 .032 .031 Permanent [ 102] Washington State Register, Issue 93-21 WSR 93-21-052 2 x 6 Single Wood Stud: R-22 Batt <>rroam< NOTE: ·•·1l6~FC1:: Nominal Batt R-value: 0 .059 .055 .052 .062 .058 .054 R-22 at 6. 75-inch thickness 1 .055 .052 .049 .057 .054 .051 2 .052 .049 .047 .054 .051 .048 Installed Batt R-value: 3 .049 .046 .044 .050 .048 .046 R-22 in 5.5-inch cavity 4 .046 .044 .042 .048 .046 .044 5 .044 .042 .041 .045 .043 .042 6 .042 .040 .039 .043 .042 .040 7 .040 .039 .037 .041 .040 .038 8 .038 .037 .036 .039 .038 .037 9 .037 .036 .035 .038 .037 .035 10 .035 .034 .033 .036 .035 .034 11 .034 .033 .032 .035 .034 .033 12 .033 .032 .031 .034 .033 .032 2 x 6 Single Wood Stud: R-11 Batt ··.sidin .M'ateFfa11Framin .•><•····•••< <•·•>•)·•·••/···· r• tea· 8-vaiuef rir r6~ili . NOTE: 1l6~tCI t••· Nominal Batt R-value: 0 .060 .057 .054 .063 .059 .056 R-22 at 7-inch thickness 1 .056 .053 .051 .059 .056 .053 2 .053 .050 .048 .055 .052 .050 Installed Batt R-value: 3 .050 .048 .046 .052 .049 .047 R-18.9 in 5.5-inch cavity 4 .047 .045 .044 .049 .047 .045 5 .045 .043 .042 .046 .045 .043 6 .043 .041 .040 .044 .043 .041 7 .041 .040 .038 .042 .041 .039 8 .039 .038 .037 .040 .039 .038 9 .038 .037 .036 .039 .038 .036 10 .036 .035 .034 .037 .036 .035 11 .035 .034 .033 .036 .035 .034 12 .034 .033 .032 .034 .033 [ 103] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 2 x 8 Single Stud: R-25 Batt :r~iui: '' 11-1 11,11~; w~ . R valoe•/ t<i ········•/\ . • Ht f \ • •••<•> NOTE: Nominal Batt R-value: 0 .051 .047 .045 .053 .049 .046 R-25 at 8"'inch thickness 1 .048 .045 .043 .049 .046 .044 2 .045 .043· .. 041 .047 .044 .042 Installed Batt R-value: 3 .043 .041 .039 .044 .042 .040 R-23.6 in 7.25-inch cavity 4 .041 .039 .037 .042 .040 .038 5 .039 .037 .036 .040 .038 .037 6 .037 .036 .035 .038 .037 .036 7 .036 .035 .033 .037 .035 .034 8 .035 .033 .032 .035 .034 .033 9 .033 .032 .031 .034 .033 .032 10 .032 .031 .030 .033 .032 .031 11 .031 .030 .029 .032 .031 .030 12 .030 .029 .028 .031 .030 .029 2 x 6: Strap Wall R-19 + R-11 Batts .036 .038 .036 R-19 + R-8 Batts .041 .042 .040 2 x 6 + 2 x 4: Double Wood Stud si<lin2-MaterialiFrameT.YJj~ ' <> Lapped··.Wood \ t ···1'1!11 \\u2022> {STD tADVk STD} W ])ADV · Batt Configuration Exterior Middle Interior R-19 R-11 .040 .037 .041 .038 R-19 .034 .031 .035 .032 R-19 R-8 R-11 .029 .028 .031 .029 R-19 R-11 .027 .026 .028 .027 R-19 R-11 R-19 .024 .023 .025 .023 R-19 .021 .020 .021 .020 Permanent [ 104] Washington State Register, Issue 93-21 WSR 93-21-052 2 x 4 + 2 x 4: Double Wood Stud La ed Wood\f ? iTJ'. 11> J:.sm.···· ·. >ADV) /SID! {IADV ( Batt Configuration Exterior Middle Interior R-11 .050 .046 .052 .048 R-19 R-11 .039 .037 .043 .039 R-11 R-8 R-11 .037 .035 .036 R-11 .032 .031 .033 .032 R-13 .029 .028 .029 .028 R-11 R-19 R-11 .026 .027 .026 . Log Walls NOTE: R-value of wood: 6-inch 0.148 R-1.25 per inch thickness. 8-inch 0.111 Average wall thickness 10-inch 0.089 90% average log diameter 12-inch 0.074 14-inch 0.063 16-inch 0.056 Stress Skin Panel iPan~1 ; = = · +• Tfiict<ri~· •••••r ; . ; t.J2ii~i6f a NOTE: R-value of expanded: 3 1/2-inch .071 polystyrene: R-3.85/inch 5 1/2-inch .048 7 1/4-inch .037 Framing: 6%: 9 1/4-inch .030 Spline: 8% 11 1/4-inch .025 No thermal bridging between interior and exterior splines Metal Stud Walls: The nominal R-values in Table 20-Sa may be used for purposes of calculating metal stud wall section U- factors in lieu of the ASHRAE zone calculation method as provided in Chapter 22 of RS-27. [ 105 1 Permanent WSR 93-21-052 Washington State Register, Issue 93-21 TABLE 20-Sa Default U-Factors and Effective R-Values for Metal Stud Walls OVERALL ASSEMBLY U-FACTORS FOR METAL STUD WALLS 4 inch R-11 0.14 0.13 4 inch R-13 0.13 0.12 4 inch R-15 0.12 0.11 6 inch R-19 0.11 0.10 6 inch R-21 0.11 0.09 8 inch R-25 0.10 0.09 EFFECTIVE R-VALUES FOR METAL STUD AND INSULATED CAVITY ONLY 4 inch 3-1/2 II R-11 5.5 4 inch 3-1/2" R-13 6.0 7.2 4 inch 3-1/2" R-15 6.4 7.8 6 inch 5-1/2" R-19 7.1 8.6 6 inch 5-1/2" R-21 7.4 9.0 8 inch 7-1/4" R-25 7.8 9.6 Concrete Masonry Walls: The nominal R-values in Table 20-5b may be used for purposes of calculating concrete masonry wall section U-factors in lieu of the ASHRAE isothermal planes calculation method as provided in Chapter 22 of RS-27. Permanent [ 106] Washington State Register, Issue 93-21 WSR 93-21-052 TABLE 20-Sb Default U-Factors for Concrete and Masonry Walls 8" CONCRETE MASONRY ''<·''' ' ' · - '''·' · -1 f> /. 'CORE.TREATMENT/ i.•·:.·.···.··' //'··· .· :',: ? Partial GroutwitfrUf1 routed Chfes ) <IB6se~fi11···'instilateo t> i>eflite ) \Vermicl.ilifoel< >+f <?t,,< n 0.23 0.24 0.43 R-5 Interior Insulation, Wood 0.14 0.11 0.12 ·0.15 Furrin R-6 Interior Insulation, Wood 0.14 0.11 0.14 Furrin R-10.5 Interior Insulation, Wood 0.11 0.09 0.11 Furrin R-8 Interior Insulation, Metal 0.11 0.09 0.11 Cli s R-6 Exterior Insulation 0.12 0.10 0.12 R-10 Exterior Insulation 0.08 0.07 0.08 Korfil Hi-R Ex sed Both Sides 0.11 0.09 0.12 12" CONCRETE MASONRY r,,,,,,,,,, ,,,, ;. ,,_ ,,,,,,,,,"'·'' ... , .. < ?\ '·•,•'<• >•>>co RE '·TREATMENT <i• . ·.• .,·, .. ,.,,,,,,,,,,,,,. ,.,,,,,,,., .. , / Partial Grouf withUn routed C8fes > IiOose '.fiJJ .• insi1Jated t > Per1iie > <)verml2tiiifo/ 0.17 0.18 0.33 R-5 Interior Insulation, Wood 0.10 0.13 Furrin R-6 Interior Insulation, Wood 0.13 0.09 0.10 0.13 Furrin R-10.5 Interior Insulation, Wood 0.11 0.08 0.10 Furrin R-8 Interior Insulation, Metal 0.10 0.08 0.09 Cli s R-6 Exterior Insulation 0.11 0.09 0.11 R-10 Exterior Insulation 0.08 0.06 0.08 Korfil Hi-R Ex sed Both Sides 0.11 0.08 0.09 0.12 [ 107] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 8" CLAY BRICK I f I): ti ? .; t:fcORETREATMENT > >> '''···. ft .PartialGroutwithUii routed•'Cdres<····· .. ,. 0.31 0.32 0.56 R-5 Interior Insulation Wood Furrin · 0.15 0.13 0.16 R-6 Interior Insulation Wood Furrin 0.15 0.12 0.15 . 0.12 0.10 0.12 0.11 0.10 0.1'1 R-6 Exterior Insulation 0.12 0.11 0.13 R-10 Exterior Insulation 0.08 0.09 11 6 CONCRETE POURED OR PRECAST P\i7xtJ / · > (. >CORE'TREATMENT>• · 'ti m ? tt> J Jt. r >PartiarGi-outwith••un···routedCores>>•··: .. mn.tv •. •. :/•/• ?L6ose~fill ifrsUtat&l ? <t· ; ;• •.;··;· ; <; . ; . ){ NA 0.61 NA 0.16 NA 0.15 NA 0.12 NA 0.12 R-6 Exterior Insulation NA 0.13 R-10 Exterior Insulation NA 0.09 Notes for Default Ta'ble 20-Sb 1. Grouted cores at 40" x 48" on center vertically and horizontally in partial grouted walls. 2. Interior insulation values include 1/2" gypsum board on the inner surface 3. Furring and stud spacing is 16" on center. Insulation is assumed to fill furring space and is not compressed. 4. Intermediate values may be interpolated using this table. Values not contained in this table may be computed using the procedures listed in RS-27. Beat Capacity 8"CMU 9.65 15.0 12" CMU 14.5 23.6 8" Brick 10.9 16.4 6" Concrete NA 14.4 Permanent [ 108] Washington State Register, Issue 93-21 WSR 93-21-052 Roof Decks: Rigid insulation is applied to the top of NEW SECTION roof decking with no space left for ventilation. Roofing WAC 51-11-2007 Ceilings. materials are attached directly on top of the insulation. Framing members are often left exposed on the interior side. 2007.1 General: Table 20-7 lists heat-loss coefficients for the opaque portion of exterior ceilings below vented attics, TABLE 20-7 vaulted ceilings, and roof decks in units of Btu/heft2e°F of Default U-factors for Ceilings ceiling. They are derived from procedures listed in RS-27, listed in Chapter 17. Ceiling U-factors are modified for the buffering effect of the attic, assuming an indoor temperature of 65 degrees F and an outdoor temperature of 45 degrees F. R-19 0.049 0.047 2007.2 Component Description: The three types of ceilings R-30 0.036 0.032 are characterized as follows: R-38 0.031 0.026 Ceilings Below a Vented Attic: Attic insulation is R-49 0.027 0.020 assumed to be blown-in, loose-fill fiberglass with a K-value t--~~~~---,~~~~~~---t R-60 ·Scissors.Tn1ss ·/·>>·'. ·. ·: ·,. · .... ; of 2.6 (heft2e°F)/Btu per inch. Full bag count for specified 0.025 \ .. · .· ...... 0.017 ··•· · R-value is assumed in all cases. Ceiling dimensions for flat R-30 (4/12 roof pitch) 0.043 0.031 ceiling calculations are forty-five by thirty feet, with a R-38 (4/12 roof pitch) 0.040 0.025 gabled roof having a 4/12 pitch. The attic is assumed to R-49 (4/12 roof pitch) 0.038 0.020 vent naturally at the rate of three air changes per hour R-30 (5/ 12 roof pitch) 0.039 0.032 R-38 (5/12 roof pitch) through soffit and ridge vents. A void fraction of 0.002 is 0.035 0.026 assumed for all attics with insulation baffles. R-49 (5/12 roof pitch) 0.032 0.020 Standard-framed, unbaffled attics assume a void fraction of 0.008. Vaulted Ceilings/. · Attic framing is either standard or advanced. Standard .vented? framing assumes tapering of insulation depth around the R-19 2xl0joist 0.049 0.048 perimeter with resultant decrease in thermal resistance. An R-30 2x 12 joist 0.034 0.033. increased R-value is assumed in the center of the ceiling due R-38 2x 14 "oist 0.027 to the effect of piling leftover insula.tion. Advanced framing ·Unvented >······· assumes full and even depth of insulation extending to the R-30 2x 10 joist 0.034 0.033 outside edge of exterior walls. Advanced framing does not R-38 2xl2joist 0.029 0.027 change from the default value. R-21 + R-21 2xl2 "oist 0.026 0.025 U-factors for flat ceilings below vented attics with standard framing may be modified with the following table: Roof Deck U-factor .? · U-Factor for Standard Framing R-15 Rigid Insulation 0.063 Roof Pitch R-30 R-38 R-21 Rigid Insulation 0.045 R-25 Rigid Insulation 0.038 4/12 0.036 0.031 R-30 Rigid Insulation 0.032 5/12 0.035 0.030 R-38 Rigid Insulation O.D25 6112 0.034 0.029 R-50 Ri~id Insulation 0.019 7/12 0.034 0.029 8/12 0.034 0.028 9112 0.034 0.028 NEW SECTION 10/12 0.033 0.028 11/12 0.033 0.027 WAC 51-11-2008 (Reserved.) 12/12 0.033 0.027 NEW SECTION Vented scissors truss attics assume a ceiling pitch of 2/12 with a roof pitch of either 4/12 or 5/12. Unbaffled WAC 51-11-2009 Mass. standard framed scissors truss attics are assumed to have a 2009.1 General: Table 20-10 lists default mass-values. All void fraction of 0.016. calculations are based on standard ASHRAE values for Vaulted Ceilings: Insulation is assumed to be fiberglass heat-storage capacity as listed in RS-27, Chapter 22. batts installed in roof joist cavities. In the vented case, at Thermal capacity of furniture is ignored, as is heat least 1.5-inches between the top of the batts and the under- storage beyond the first four inches of mass thickness. All side of the roof sheathing is left open for ventilation in each mass is assumed to be in direct contact with the conditioned cavity. A ventilation rate of three air changes per hour is space. Concrete separated from the heated volume by other assumed. In the unvented or dense pack case, the ceiling materials must multiply the listed concrete mass value by the cavity is assumed to be fully packed with insulation, leaving result of the following formula: no space for ventilation. [ 109 J Permanent WSR 93-21-052 Washington State Register, Issue 93-21 Ln(R-value) x (-0.221) + 0.5 Where: TABLE20-10 Ln Natural log DEFAULT MASS VALUES R-value R-value of material covering concrete I Structural M~ M-valu~ ·· •... ··. Btu/ft2 • °F · Note: All default values for covered concrete slabs have floor area . been adjusted according to this procedure. 2009.2 Mass Description: Mass is divided into two types: Li2ht Frame: structural, and additional. Joisted/post & beam floor, sheetrock walls and ceilings 3.0 Structural Mass: Includes heat-storage capacity of all Joisted/post & beam floor, log walls,sheetrock standard building components of a typical structure, includ- ceilings 4.0 ing floors, ceilings, and interior and exterior walls in Slab With Interior Wall Insulation: Btu/ft2e°F of floor area. It also assumes exterior wall, Slab, no coveiing or tile, shectrock walls and interior wall, and ceiling surface area approximately equals ceilings 10.0 Slab, hardwood floor covering, sheetrock walls and three times the floor area. ceilings 7.0 Additional Mass: Includes any additional building Slab carpet and pad sheetrock walls and ceilings 5.0 material not part of the normal structure, which is added Slab With Exterior Wall Insulation:· specifically to increase the bui !ding' s thermal-storage Slab, no covering or tile, sheetrock walls and capability. This category includes masonry fireplaces, water ceilings 12.0 Slab, hardwood floor covering, sheetrock walls and or trombe walls, and extra layers of sheetrock. Coefficients ceilings are in Btu/ft2e°F of surface area of material exposed to 9.0 Slab camel and oad, sheetrock walls and ceilings 7.0 conditioned space. The coefficient for water is Btu/°F gallon. Additional Mas.s M-Value: Blu/ft2 • °F 2009.3 Component Description: Light frame assumes one ' surface arfa inch thick wood flooring with five-eighths inch sheetrock on Gypsum wallboard, 1/2-inch thickness 0.54 ceilings and interior walls, and walls consisting of either Gypsum wallboard, 5/8-inch thickness 0.68 Hardwood floor 1.40 five-eighths inch sheetrock or solid logs. Slab assumes a Concrete/Brick, 4 inch-thickness 10.30 four inch concrete slab on or below grade, with five-eighths Concrete/Brick 6 inch-thickness 15.40 inch sheetrock on exterior and interior walls and ceiling, and Btu/°F • 2allon with separate values for interior or exterior wall insulation. Water I gallon 8.0 Adjustments for slab covering is based on R-value of material. Additional mass values are based on the density multiplied by the specific heat of the material adjusted for NEW SECTION listed thickness. WAC 51-11-1310 General requirements. The building envelope shall comply with Sections 1311 through 1314. 1310.1 Conditioned Spaces: The building envelope for conditioned spaces shall also comply with one of the following paths: a. Prescriptive Building Envelope Option Sections 1320 through 1323. b. Component Performance Building Envelope Option Sections 1330 through 1334. c. Systems Analysis. See Section 1141.4. 1310.2 Semi-Heated Spaces: All spaces shall be considered conditioned spaces, and shall comply with the requirements in Section 1310.1 unless they meet the following criteria for semi-heated spaces. The installed heating equipment output, in Climate Zone I, shall be 3 Btu/(h•ft2) or greater but not greater than 8 Btu/(heft2) and in Climate Zone 2, shall be 5 Btu/(heft2) or greater but not greater than 12 Btu/(heft2). Heating shall be controlled by a thermostat mounted not lower than the heating unit and capable of preventing heating above 44 degrees space temperature. For semi-heated spaces. the only prescriptive, component performance, or systems analysis building envelope requirement shall be that: Climate Zone I a. U=O. I 0 maximum for the roof assembly, or Permanent [ 110 l Washington State Register, Issue 93-21 WSR 93-21-052 b. continuous R-9 insulation installed entirely outside 1311.3 Wall Insulation: Exterior wall cavities isolated of the roof structure, or during framing shall be fully insulated to the levels of the c. R-11 insulation installed inside or within a wood surrounding walls. When installed in wood framing, faced roof structure, or batt insulation shall be face stapled. d. R-19 insulation installed inside or within a metal Above grade exterior insulation shall be protected. roof structure. 1311.4 Floor Insulation: Floor insulation shall be installed Climate Zone 2 a. U=0.07 maximum for the roof assembly, or in a permanent manner in substantial contact with the surface being insulated. Insulation supports shall be installed so b. continuous R-14 insulation installed entirely outside spacing is not more than twenty-four inches on center. of the roof structure, or Installed insulation shall not block the airflow through c. R-19 insulation installed inside or within a wood foundation vents. roof structure, or d. R-25 insulation installed inside or within a metal 1311.5 Slab-On-Grade Floor: Slab-on-grade insulation roof structure. installed inside the foundation wall shall extend downward from the top of the slab a minimum distance of twenty-four Figure 13A inches or to the top of the footing, whichever is less. Building Envelope Compliance Options Insulation installed outside the foundation shall extend Systems downward a minimum of twenty-four inches or to the Component Section Prescriptive Performance Analysis frostline, whichever is greater. Above grade insulation shall Number Ootion Subject Ootion Option be protected. 1310 General Requirements x 1311 Insulation x Exception: For monolithic slabs, the insulation shall extend downward 1312 Glazing and Doors x from the top of the slab to the bottom of the footing. 1313 Moisture Control 1314 Air Lcaka2e x 1311.6 Radiant Floors (on or below grade): Slab-on-grade 1320 Prescriptive Building Envelope Option x 1321 General x insulation shall extend downward from the top of the slab a 1322 Opaque Envelope x minimum distance of thirty-six inches or downward to the 1323 Glazin~ x 1330 Component Performance Building top of the footing and horizontal for an aggregate of not less Envelope Option x than thirty-six inches. 1331 General x 1332 Component U-Faetors x If required by the building official where soil conditions 1333 UA Calculations x 1334 Solar Heat Gain Coefficient x warrant such insulation, the entire area of a radiant floor I RS-29 Svstems Analysis x shall be thermally isolated from the soil. Where a soil gas control system is provided below the radiant floor, which results in increased convective flow below the radiant floor, NEW SECTION the radiant floor shall be thermally isolated from the sub- WAC 51-11-1311 Insulation. floor gravel layer. 1311.1 Installation Requirements: All insulation materials NEW SECTION shall be installed according to the manufacturer's instructions to achieve proper densities, maintain clearances, and main- WAC 51-11-1334 Solar heat gain coefficient. Solar tain uniform R-values. To the maximum extent possible, heat gain coefficient shall comply with Section 1323.3. insulation shall extend over the full component area to the intended R-value. 1311.2 Roof/Ceiling Insulation: Open-blown or poured loose-fill insulation may be used in attic spaces where the slope of the ceiling is not more than three feet in twelve and there is at least thirty inches of clear distance from the top of the bottom chord of the truss or ceiling joist to the underside of the sheathing at the roof ridge. When eave vents are installed, baffling of the vent openings shall be provided so as to deflect the incoming air above the surface of the insulation. Where lighting fixtures are recessed into a suspended or exposed grid ceiling, the roof/ceiling assembly shall be insulated in a location other than directly on the suspended ceiling. Exception: Type IC rated recessed lighting fixtures. Where installed in wood framing, faced batt insulation shall be face stapled. [Ill l Permanent WSR 93-21-052 Washington State Register, Issue 93-21 EQUATION 13-1: Target UAt UAi = U....Ant + u~ + UortAmt + UogonAogort + UwtAwt + U.11Adt + UvgiAvg1 + Uftl\n + F..P .. + uhg~ UAt - The target combined specific heat transfer of the gross roof/ceiling assembly, exterior wall and floor area. Where: Urat = The thermal transmittance value for roofs over attics found in Table 13-1 or 13- 2. Uograt = The thermal transmittance for overhead glazing found in Table 13-1 or 13-2 which corresponds to the proposed total glazing area as a percent of gross exterior wall area. Uort - The thermal transmittance value for other roofs found in Table 13-1 or 13-2. · Uogort= The thermal transmittance for overhead glazing found in Table 13-1 or 13-2 which corresponds to the proposed total glazing area as a percent of gross exterior wall area. = The thermal transmittance value for opaque walls found in Table 13-1 or 13-2. Uvgt = The thermal transmittance value for vertical glazing found in Table 13-1 or 13-2 which corresponds to the proposed total glazing area as a percent of gross exterior wall area. = The thermal transmittance value for opaque doors found in Table 13-1 or 13-2. = The thermal transmittance value for floors over unconditioned space found in Table 13-1 or 13-2. = The F-factor for slab-on-grade and radiant slab floors found in Table 13-1 or 13-2. Ubgwt = The thermal transmittance value for opaque walls found in Table 13-1or13-2. Adt = The proposed opaque door area, Ad Aft = The proposed floor over unconditioned space area, Af. Pst - The proposed lineal feet of slab-on-grade and radiant slab floor perimeter, Ps. The proposed below grade wall area, Abgw· Permanent [ 112 l Washington State Register, Issue 93-21 WSR 93-21-052 if the total amount of glazing area as a percent of gross exterior wall area does not exeed the maximum allowed in Table 13-1 or 13-2: Arat - The proposed roof over attic area, Ara. Aograt = The proposed overhead glazing area in roofs over attics, Aogra· Aort - The proposed other roof area, Aor· Aogort = The proposed overhead glazing area in other roofs, Aogor· Awt The proposed opaque above grade wall area, Aw. Av gt The proposed vertical glazing area, Avg· or; if the total amount of glazing area as a percent of gross exterior wall area exceeds the maximum allowed in Table 13-1or13-2: Arat - The greater of: the proposed roof over attic area, and the gross roof over attic area minus·Aograt· Aograt = The lesser of: proposed overhead glazing area in roofs over attics, and the maximum allowed glazing area from Table 13-1 or 13-2. Aort - The greater of: the proposed other roof area, and the gross other roof area minus Aogort· Aogort = The lesser of: the proposed overhead glazing area in other roofs, and the maximum allowed glazing area from Table 13-1 or 13-2 minus Aograt· Awt The greater of: proposed opaque above grade wall area, and the gross exterior above grade wall area minus Adt minus Avgt·. Av gt The lesser of: the proposed vertical glazing area, and the maximum allowed glazing area from Table 13-1 or 13-2 minus Aograt minus Aogort· [ 113] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 EQUATION 13-2 Proposed U A p Where: UAp - The combined proposed specific heat transfer of the gross exterior wall, · floor, and roof/ceiling assembly area. Ura - The thermal transmittance of the roof over attic area. Ara - Opaque roof over attic area. Uor = The thermal transmittance of the other roof area. Aor - Opaque other roof area. Uog - The thermal transmittance for the overhead glazing Aog - Overhead glazing area. Uw - The thermal transmittance of the opaque wall area. Aw - Opaque above grade wall area (not including opaque doors). Uvg - The thermal transmittance of the vertical glazing area. Avg - Vertical glazing area. Uct - Thermal transmittance value of opaque door area. Act - Opaque door area. Uf - The thermal transmittance of the floor over unconditioned space area. Af - Floor area over unconditioned space. Fs - Slab-on-grade or radiant floor component F-factor. Ps - Lineal feet of slab-on-grade or radiant floor perimeter. Ubgw - The thermal transmittance value of the below grade wall area. Abgw - Below grade wall area as defined in Tables 13-1 or 13-2. NOTE: Where more than one type of wall, window, roof/ceiling, door, and skylight is used, the U and A terms for those items shall be expanded into sub-elements as: Permanent [ 114] Washington State Register, Issue 93-21 WSR 93-21-052 TABLE 13-1 BUILDING ENVELOPE REQUIREMENTS FOR CLIMATE ZONE 1 MINIMUM INSULATION R-V ALUES OR MAXIMUM COMPONENT U-FACTORS FOR ZONE 1 B UI ·1d· ID2 C omponents Space Heat Type Comoonents Roofs All Other Opaque Floor Slab On Over 1 2 Roofs Wall~ • Doors Over Grade5 Attic Uncond Space 1. Electric resistance heat R-38 or R-30 or R-19 or U=0.60 R-30 or R-10 or U=0.031 U=0.034 U=0.0623 U=0.029 F=0.54 2. All others including Heat pumps and VA V · R-30 or R-21 or R-11 or U;=0.60 R-19or R-10 or U=0.036 U=0.050 U=0.14 U=0.056 F=0.54 MAXIMUM GLAZING AREAS AND U-FACTORS AND MAXIMUM GLAZING SOLAR HEAT GAIN COEFFICIENTS FOR ZONE 1 GI azm2 Maximum Glazing 0% to 15% >15% to20% >20% to30% >30% to40% Area as % of Wall Maximum Max. Maximum Max. Maximum Max. Maximum Max. U-Factor SllGC4 U-Factor SIIGC4 U-Factor SIIGC4 U-Factor SIIGC4 VG OG VG OG VG I OG 1. Electric resistance heat 0.40 0.80 1.0 0.40 0.80 1.0 PRESCRIPTIVE PATH NOT ALLOWED 2. All others including 0.90 1.45 1.0 0.75 1.40 1.0 0.60 , t .30 0.65 0.50 11.25 0.45 Heat pumps and V AV Footnotes 1. Below Grade Walls: Below grade walls shall be insulated either on the interior or the exterior. Below grade walls insulated on the exterior shall use a minimum of R-10 insulation. Below grade walls insulated on the interior shall use opaque wall values. No insulation is required for those portions of below grade walls and footings that arc more than ten feet below grade. Below grade walls, however, shall not be included in the gross exterior wall area unless insulated lo the levels given above. 2. Concrete Masonry Walls: If the area weighted heat .capacity of the total opaque above grade wall is a minimum of 9.0 Btu/ll2 • °F, then the U-factor may be increased to 0.19 for interior insulation and 0.25 for integral and exterior insulation for insulation position as defined in Chapter 12. Individual walls with heat capacities less than 9.0 Btulll2 • °F an d be ow l!ra c wa s s a meet opaguc wa rCQmrcments 1st I d II h II II r ed h a ove. GI azml! s a com!llY wit 1l1c o owmg: . h II I . I I Ii II Maximum Glazing Area as % of Wall 0 to 15 % >15% to 20 % >20% to 25 % Maximum Max. Maximum Max. l\1aximuru Max. U-Factor SllGC4 U-Facfor sncc4 U-Factor SllGC4 VG OG VG OG VG I OG 1. Electric resistance heal 0.40 0.80 1.0 0.40 0.80 1.0 NOT ALLOWED 2. All others including Heat pumps and V AV 0.75 1.40 1.0 0.65 1.30 0.80 0.60 I 1.30 0.65 3. Metal Stud Walls: For metal stud construction U =0.11. 4. SllGC (Solar Heat Gain Coefficient per Section 1312.2): May substitute Maximum Shading Codficicnl (SC) for SHGC. (See Section 1210 for definition of Shading Coefficient) .. 5. Radiant Floors: Where insulation is required under the entire slab, radiant floors shall use a minimum of R-10 insulation or F-0.55 maximum. Where insulation is not required under the entire slab, radiant floors shall use R-10 perimeter insulation according to Section 1311.6 or F-0. 78 maximum. [ 115 l Permanent WSR 93-21-052 Washington State Register, Issue 93-21 TABLE 13-2 BUILDING ENVEWPE REQUIREMENTS FOR CLIMATE ZONE 2 MINIMUM INSUl,ATION R-VALUES OR MAXIMUM COMPONENT U-FACTORS FOR ZONE 2 B Ul "Id" mg C omponents Soace Heat Tvoe Comnnnents Roofs All Other Opaque Floor Slab On Over Roofs Walls1•2 Doors Over Grade Attic Uncond Soace 1. Electric resistance heat R-38 or R-30 or R-24 or U=0.60 R-30 or R-10 or U=0.031 U=0.034 U=0.0443 U=0.029 F=0.54 2. All others including Heat pumps and VA V R-38 or R-25 or R-19 or U=0.60 R-21 or R-10 or U=0.031 U=0.040 U=0.11 U=0.047 F=0.54 MAXIMUM GLAZING AREAS AND U-FACTORS AND MAXIMUM GLAZING SOLAR HEAT GAIN COEFFICIENTS FOR ZONE 2 GI azm2 Maximum Glazing 0% to is% > 15% to 20% >20% to25% >25% to30% Area as% of Wall Maximum Max. Maximum Max. Maximum Max. Maximum Max. U-Factor SIIGC4 U-Factor SllGC4 U-Factor SllGC4 U-Factor SllGC4 VG OG VG OG VG I OG 1. Electric resistance heat 0.40 0.80 1.0 0.40 0.80 1.0 PRESCRIPTIVE PATH NOT ALLOWED 2. All others including 0.90 1.45 1.0 0.75 1.40 1.0 0.60 11.30 0.60 0.50 11.25 0.50 Heat pumps and VA V Footnotes 1. Below Grade Walls: Below grade walls shall be insulated either on the interior or the exterior. Below grade walls insulated on the exterior shall use a minimum of R-12 insulation .. Below grade walls insulated on the interior shall use opaque wall values. No insulation is required for those portions of below grade walls and footings that arc more than ten feet below grade. Below grade walls, however, shall not be included in the gross exterior wall area unless insulated to the levels given above. 2. Concrete Masonry Walls: If the area weighted heat capacity of the total opaque above grade wall is a minimum of 9.0 Btu/ft2 • °F, then the U-factor may be increased to 0.19 for interior insulation and 0.25 for integral and exterior insulation for insulation position as defined in Chapter 12. Individual walls with heat capacities less than 9.0 Btu/fl2 • °F an d b e I ow e;ra d c wa II s s h a II meet 011a1?ue wa II reqmrcmcnts r 1st ed a b ove. GI azmg . s h a II comp1y I w1 'ti 1 th e ft o II owmi::: Maximum Glazing Arl'a as % of Wall Oto5% >5%to7% >7% to 10 % Maximum Max. Maximum Max. Maximum Max. U-Faclor SllGC4 U-Factor SllGC4 U-Factor SllGC4 VG OG VG OG VG OG 1. Electric resistance heat 0.40 0.80 1.0 0.40 0.80 1.0 0.40 0.80 1.0 2. All others including Heat pumps and VA V 0.75 1.40 0.85 0.60 1.30 0.70 0.50 1.25 0.45 3. Metal Stud Walls: For metal stud construction U =0.10. 4. SllGC (Solar Heat Gain Col'fficil'nt per S«tion 1312.2): May substitute Maximum Shading Coefficient (SC) for SHGC. (Sec Section 1210 for definition of Shading Coefficient). S. Radiant Floors: Where insulation is required under the entire slab, radiant floors shall use a minimum of R-10 insulation or F-0.55 maximum. Where insulatin is not required under the entire slab, radiant floors shall use R-10 perimeter insuallion according lo Section 1311.6 or F-0.78 maximum. Permanent [ 116] Washington State Register, Issue 93-21 WSR 93-21-052 2. Radiant heaters. NEW SECTION 1412. 7 Balancing: Each air supply outlet or air or water WAC 51-11-1412 Controls. terminal device shall have a means for balancing, including but not limited to, dampers, temperature and pressure test 1412. I Temperature Controls: Each system shall be provid- connections and balancing valves. ed with at least one temperature control device. Each zone shall be controlled by individual thermostatic controls NEW SECTION responding to temperature within the zone . .At a minimum, each floor of a building shall be considered as a separate WAC 51-11-1414 Ducting systems. zone. 1414. I Sealing: Duct work which is designed to operate at 1412.2 Deadband Controls: When used to control both pressures above 1/2 inch water column static pressure shall comfort heating and cooling, zone thermostatic controls shall be sealed in accordance with RS-18. Extent of sealing be capable of a deadband of at least 5 degrees F within required is as follows: which the supply of heating and cooling energy to the zone I. Static pressure: 1/2 inch to 2 inches; seal trans- is shut off or reduced to a minimum. verse joints. 2. Static pressure: 2 inches to 3 inches; seal all Exceptions: Special occupancy, special usage, or code requirements where transverse joints and longitudinal seams. I. deadband controls are not appropriate. 3. Static pressure: Above 3 inches; seal all transverse 2. Buildings complying with Section 1141.4, if in the proposed building joints, longitudinal seams and duct wall penetra- energy analysis, heating and cooling thermostat setpoints are set to the tions. same temperature between 70 degrees F and 75 degrees F inclusive, and assumed to be constant throughout the year. 1414.2 Insulation: Ducts and plenums that are constructed 3. Thermostats .that require manual changeover between heating and as part of the building envelope shall meet the requirements cooling modes. of Chapter 13. Other ducts and plenums shall be thermally 1412.3 Humidity Controls: If a system is equipped with a insulated per Table 14-5. means for adding moisture, a humidistat shall be provided. Exceptions: 1412.4 Setback and Shut-Off: HV AC systems shall be I. Within the HY AC equipment. 2. Exhaust air ducts not subject to condensation. equipped with automatic controls capable of accomplishing 3. Exposed ductwork within a space that serves that space only. a reduction of energy use through control setback or equip- ment shutdown during periods of non-use or alternate use of NEW SECTION the spaces served by the system. The automatic controls shall have a minimum seven-day clock and be capable of WAC 51-11-1454 Pool covers. Heated pools shall be being set for seven different day types per week. equipped with a vapor retardant pool cover on or at the water surface. Pools heated to more than 90 degrees F shall Exceptions: I. Systems serving areas which require continuous operation at the same have a pool cover with a minimum insulation value of R-12. temperature setpoint. 2. Equipment with full load demands of 2 Kw (6,826 Btu/h) or less may be controlled by readily accessible manual off-hour controls. 1412.4.1 Dampers: Outside air intakes, exhaust outlets and relief outlets serving conditioned spaces shall be equipped with dampers which close automatically when the system is off or upon power failure. Stair shaft and elevator shaft smoke relief openings shall be equipped with normally open dampers. These dampers shall remain closed in normal operation until activated by the fire alarm system or other approved smoke detection system. Exceptions: I. Systems serving areas which require continuous operation. 2. Combustion air intakes. 1412.5 Heat Pump Controls: Unitary air cooled heat pumps shall include microprocessor controls that minimize supple- mental heat usage during start-up, set-up, and defrost conditions. These controls shall anticipate need for heat and use compression heating as the first stage of heat. Controls shall indicate when supplemental heating is being used through visual means (e.g., LED indicators). 1412.6 Combustion Heating Equipment Controls: Combus- tion heating equipment with a capacity over 225,000 Btu/h shall have modulating or staged combustion control. Exceptions: I. Boilers. [ 117] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 TABLE 14-1 Standard Rating Conditions and Minimum Performance for Air Cooled Unitary Air Conditioners, Heat Pumps, Packaged Terminal Air Conditioners, Warm Air Furnaces, Duct Furnaces and Unit Heaters $~~.;c.~tf!gory· -~ >.····1--'_..;.. c... .;. .. .;~= .. ..,...;·• R ... ; a=ti=n12-_..;._..;.-i Ratirig Conditfons { SE!asonal or Part . t.Lo~d··<•>•.>···•· _$_65,000 Btu/h 10.0 SEER ARI 210/240 Coolin Ca acit 9.7 SEER -1989 t--~~~~~~~~~t---~~~~~~~~---11-'--~~~~~~t---~~~~~---t Air Conditioners >65,000 and _$_135,000 8.3 IPLV Btu/h and Heat Pumps Coolin Ca acit Standard Ratings: 95°F db 80°F db Cooling > 135,000 and Air Conditioners 8.5 EER 7.5 IPLV ARI 360 _$_760,000 Btu/h 1 Ratings 1-~~--....... ~--~~~+-~~~..._~~~~~1--~~~~~~+-~~~~~----1 Coolin Ca acit Heat Pum s 8.5 EER 7.5 IPLV -1986 >760,000 Btu/h1 Air Conditioners 8.2 EER 7.5 JPLV Coolin Ca acit Heat Pum s 8.7 EER 7.5 JPLV Packaged Term. All Capacities Air Conditioners 10.0 -(0.16 x 12.2 - (0.20 x ARI 310 Air Conditioners and Heat Pumps Cap/1000)3 Cap/1000)2.3 -1990 & Heat Pumps EER Cooling Ratings Standard/Low Temp 95°F 82°F _$_65,000 Btu/h Split Systems 6.8 HSPF ARI 210/240 Coolin Ca acit Sin le Packa e 6.6 HSPF -1989 Heat Pump > 65,000 and _$_135,000 All Unitary 3.0 COP 2.0 COP Btu/h Heating Coolin Ca acit Standard Ratin s: 47°F db/43°P wb 17°F dh/15°P wb Ratings > 135,000 Btu/h 2.9 COP 2.0 COP ARI 365 Coolin Ca acit Standard Ratin s 47 °P 17 °P -1986 Packaged Term. All Capacities Heat Pumps 2. 9 - (0.026x Cap/1000)3 ARI 380 Heat Pumps EER -1990 Heating Ratings Standard Ratin s 47°F db/ 43°F wb < 225,000 Btu/h Gas and Oil Fired 80% E,4 78% APUEs DOE lOCPR Warm Air Seasonal Ratin s Part430 A JI Furnaces & L225,000 Btu/h Gas, Max Rating6 80% E,4 (N/A) ANSI Z21.47 Combination Gas, Min Ratin 6 78% E 4 NIA -1983 Furnace/ A. C. L225,000 Btu/h Oil, Max Rating6 81 % E,4 (N/A) UL 727 Oil, Min Ratin 6 81 % E 4 NIA -1986 All Size Gas Duct Max Rated Capacity6 78% E,4 (N/A) ANSI Z83.9 Furnaces Warm-Air Min Rated Ca acit 6 75% E 4 NIA -1986 Duct Furn~ces All Size Gas Unit Max Rated Capacity6 78% E,4 (NIA) ANSI Z83.8 Heaters and Unit Heaters Min Rated Ca acit 6 74% E 4 NIA -1985 All Size Oil Unit Heaters Max Rated Capacity6 81 % E,4 (N/A) UL 731 Min Rated Ca acit 6 81 % E 4 NIA -1988 1. For units that have a heating section, deduct 0.2 from all required EER's and IPL V's. 2. For mu!Li-capacity equipment the minimum performance shall apply to each step provided Multi-capacity refers lo manufacturer pub! rating for more than one capacity mode allowed by the product's controls. 3. Capacity (Cap) means the rated cooling capacity of the product in Btu/h in accordance with the cited ARI standard. If the unit's capacity is kss than· Btulh, use 7,000 Btu/h in the calculation. If the unit's capacity is greater than 15,000 Btu/h, use 15,000 Btu/h in the calculation. 4. These values apply to non-NAECA equipment. Sec referenced standard for definition of Thermal efficiency (Et), (100% flue losses) 5. To be consistent with National Appliance Energy Conservation Act (NAECA) of 1987 (Public Law 100-12). These values apply to furnace and cnmhination unitA envere•I b)' NARQA, 6. Minimum and maximum ratings as provided for and allowed by the unit's controls. Permanent [ 118] Washington State Register, Issue 93-21 WSR 93-21-052 TABLE 14-2 Standard Rating Conditions and Minimum Performance for Water and Evaporatively Cooled Unitary Air Condilioners, Heat Pumps, Water Source and Ground Source Heat Pumps, Condensing Unit<1, and Water Chilling Packages ~§~ipp!~~J }}!.~~ ~ ~~~ng •·.•·•:/Minim um>•Ratin1{· ·· .\\u2022 ·, } ?> • ){ .. ; 1iliJi\*,,~lf "'l,I! ·.· \ ......... ~~~j~ ~ t~;i ~~ 1ndar~y Steady State) /.Seasonal or\ ti ~.- · • ; . ·····• ; ; ; ) ·················· ... 0 : :: ; /.·.·· • .·.••••·'.·,/( ~f PnrtLoait/.> /(Ji\ ·: . i/i/:/\ ••••••••• Evaporatively s65,000 Btu/h Standard Conditions1: 9.3 EER 8.5 IPLV ARI 210/240 Cooled A/Cs & Cooling Capacity -1989 Heat Pumps >65,000 and ~135,000 Btu/h Outdoor Conditions: 10.5 EER 9.7 JPLV CTI 201 Cooling Ratings Cooling Capacity 95°F db/75°F wb -1986 Water Source s65,000 Btu/h Standard Conditions1: 9.3 EER 10.2 EER ARI 320 Heat Pump Cooling Capacity Entering Water: 85°F ewt2 75°F ewt2 -1986 Cooling Ratings >65,000 and ~135,000 Btu/h Standard Conditions1: 10.5 EER (NA) CTI 201 Cooling Capacity Entering Water: 85°F ewt2 -1986 Ground Water < 135,000 Btu/h Standard Conditions1: 11.0 EER 11.5 EER ARI 325 Heat Pump Cooling Capacity Entering Water: 70°F ewt2 50°F ewt2 -1985 Cooling Ratings Water Cooled ~65,000 Btu/h Standard Conditions1: 9.3 EER 8.3 IPLV ARI 210/240 Unitary Air Cooling Capacity Entering Water: 85°F ewt2 75°F ewt2 -1989 Conditioners >65,000 and s135,000 Btu/h Standard Conditions1: 10.5 EER (NA) CTI 201 Cooling Ratings Cooling Capacity Entering Water: 85°F ewt2 -1986 Water/Evap > 135,000 Btu/h Standard Conditions1: 9.6 EER 9.0 IPLV ARI 360 Cooled Air Cond. Cooling Capacity -1986 and Heat Pumps CTI 201 Cooling Ratings -1986 Air and Water/ > 135,000 Btu/h Air Cooled 9.9 EER .J 1.0 IPLV ARI 365 Evap Cooled Cooling Capacity -1987 Condensing Units Water/Evap Cooled 12.9 EER 12.9 IPLV CTI 201 Cooling Ratings1 -1986 Air and Water < 150 Tons Water Cooled 3.8 COP 3.9 IPLV ARI 550-90 Cooled 2:_150 and <300 Tons 4.2 COP 4.5 IPLV ARI 590-86pN Water Chilling >300 Tons 5.2 COP"' 5.3 IPLV4 CTI 201 Packages <150 Tons Air Cooled 2.7 COP 2.8 IPLV -1986 Cooling Ratings >150 Tons with Condenser 2.5 COP 2.5 IPLV ' All Capacities Air Cooled 3.1 COP 3.2 IPLV Condenserless Water & Ground- < 135,000 Btu/h Water Source 3.8 COP (NIA) ARI 320 Water Source Cooling Capacity Standard Conditions1: 70°F ewt2 (NIA) -1986 Heat Pumps Ground Water Source 3.4 COP 3.0 COP ARI 325 Heating Ratings Standard Conditions1: 70°F ewt2 50°F ewt2 -1985 1. Standard Indoor Conditions: 80°F dry bulb and 67°F wet bulb. 2. ewt: Entering Water Temperature for water cooled heat pumps and air conditioners. 3. Condensing unit requirements are based on single - number rating defined in paragraph 5.1.3.2 of ARI Standard 365. 4. These requirements are reduced to 4. 7 COP and 4. 8 IPL V, where refrigerants with ozone depletion factors of 0.05 or less are used. No reduction is allowed for standard design systems analyzed under RS-29. [ 119] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 TABLE 14-3 Standard Rating Conditions and Minimum Performance, Gas- and Oil-Fired Boilers J , > Rating Condilion<t · •· <t Minimum ./ · ·· · < <<?( <>/ <:( +i>crrohnancc.'•><· DOE Test Procedure Gas-Fired Seasonal AFUE 10 CFR, Part 430 < 300,000 Btu/h Ratin 80%1,3 AppN Oil-Fired Seasonal AFUE < 300,000 Btu/h Ratin 80%1 ANSI Z21.13-87 Gas-Fired 1. Max. Rated Capacity2 Ec4 H.I. Htg. Boiler Std. 86 L300,000 Btu/h Stead -State 80% ASME PTC4.1-64 2. Min. Rated Capacity2 Ec4 U.L. 795-73 Stead -State 80% U.L. 726-75 Oil-Fired 1. Max. Rated Capacity2 Ec4 H.I. Htg. Boiler Std. 86 >300,000 Btu/h Stead -State 83% ASME PTC4.1-64 2. Min. Rated Capacity2 Ec4 Stead -State 83% H.I. Htg. Boiler Std. 86 Oil-Fired (Residual) 1. Max. Rated Capacity2 Ec4 Stead -State 83% ASME PTC4.1-64 L300,000 Btu/h 2. Min. Rated Capacity2 Ec4 Stead -State 83% I. To be consistent with National Appliance Energy Conservation Act of 1987 (P.L. 100-12). 2. Provided and allowed by the controls. 3. Except for gas-fired steam boilers for which minimum AFUE is 75%. 4. Ee = combustion efficiency, 100% - flue losses. See reference document for detailed information. TABLE 14-4 Energy Efficient Electric Motors Minimum Nominal Full-Load Efficiency ... ... ·········· ··· .. ··.· .. .. ·.· ... Synchronous 3,600 1,800 1,200 3,600 1,800 1,200 Soeed <RPM) HP Efficiency 1.0 - 82.5 80.0 15.5 82.5 80.0 1.5 82.5 84.0 82.5 84.0 85.5 2.0 84.0 85.5 84.0 86.5 3.0 84.0 86.5 85.5 87.5 5.0 85.5 87.5 1.5 87.5 88.5 89.5 10.0 88.5 89.5 90.2 89.5 15.0 89.5 91.0 90.2 91.0 90.2 20.0 90.2 91.0 90.2 91.0 90.2 25.0 91.0 91.7 91.0 92.4 91.7 30.0 91.0 92.4 91.0 92.4 91.7 40.0 91.7 93.0 91.7 93.0 50.0 92.4 93.0 92.4 93.0 60.0 93.0 93.6 93.0 93.6 15.0 93.0 94.1 93.6 93.0. 94.1 93.6 100.0 93.0 94.1 93.6 94.5 94.1 125.0 93.6 94.5 94.1 94.5 94.1 150.0 93.6 95.0 94.5 95.0 200.0 94.5 95.0 94.5 95.0 Permanent [ 120 l Washington State Register, Issue 93-21 WSR 93-21-052 TABLE 14-5 Duct Insulation Duct Location ln.<ulalion R-Value Not within conditioned space: On exterior of building, on roof, in attic, in enclosed ceiling space, in walls, in garage, R-7 1 in crawl snaces Not within conditioned snace: in concrete, in J?round R-5.3 Supply air ducts within conditioned space wilh HV AC R-3.3 I oouioment sunnlv air temperature < 55 or > 105° F Note: Requirements apply lo holh supply and return duels, whether heated or mechanically cooled. Mechanically cooled duels requiring insulation shall have a vapor retarder; with a perm rating not greater than O.S and all joints sealed. I. With approved weatherproof barrier. INSULATION TYPES: Minimum densities and out of package thickness. Nominal R-values are for the insulation a.< installed and do not include air film resistance. INSfALLED: R-3.J 1.0 inch 1.5 to 3th/cu.ft. duct liner, mineral or glass fiber blanket or equivalent lo provide an installed total thermal resistance of at least R- 3. 3. R-5.3 2.0 inch 0. 75 lb/cu.ft.mineral or glass fiber blanket, 1.5 inch 1.5 lo 3 lb/cu.ft. duct liner, mineral or glass fiber blanket, 1.5 inch 3 lo 7 lb/cu.ft. mineral or glass fiber board or equivalent to provide an installed total thermal resislance of at least R-5.3. R-7 3-inch 0.75 lb/cu./fl. mineral or glass fiber blanket, 2-inch 1.5 lo 3 lb/cu.fl. duct liner, mineral or gla.<S fiber blanket, 2-inch 3 to 7 lb/cu.ft. mineral or glas.< fiber board or equivalent to provide an installed total thermal resislance of at least R-7. [ 121] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 TABLE 14-6 Minimum Pipe Insulation (inches)1 Fluid Design Insulation Conductivity Nominal Pi_pe Diameter in.) Operating Temp. Conductivity Range Mean Rating Runouts2 1 and > 1 >2 >4 >6 Range, °F Btu • in./(h • n2 • °F) Temp. °F up to 2 less to2 to 4 to 6 Heatinl! systems (Steam, Steam Condensate, and Hot water) Nominal Insulation Thickness Above 350 0.32-0.34 250 1.5 2.5 3.0 3.5 251-350 0.29-0.31 200 1.5 2.0 2.5 3.5 201-250 0.27-0.30 150 1.0 1.5 2.0 3.5 141-200 0.25-0.29 125 0.5 1.5 105-140 0.24-0.28 100 0.5 1.0 J.0 1.0 1.5 Domestic and Service Hot Water Systems 105 and Greater 0.24-0.28 100 0.5 1.0 1.5 Coolinl! Svstems (Chilled Water, Brine, and Refrigerant) 40-55 0.23-0.27 75 0.5 0.75 1.0 Below40 0.23-0.27 75 1.0 1.5 1. Alternative Insulation Types. Insulation thicknesses in Table 14-6 are based on insulation with thermal conductivities within the range listed in Table 14-6 for each fluid operating temperature range, rated in accordance with ASTM C 335-84 at the mean temperature listed in the table. For insulation that has a conductivity outside the range shown in Table 14-6 for the applicable fluid operating tem:ferature range at the mean rating temperature shown (when rounded to the nearest 0.01 Btu• in./(h • ft • °F)), the minimum thickness shall be determined in accordance with the following equation: T = PR[l + t/PR)Klk - l] Where T Minimum insulation thickness for material with conductivity K, inches. PR Pipe actual outside radius, inches. t Insulation thickness from Table 14-6, inches K conductivity of alternate material at the mean rating temperature indicated in Table 14-6 for the applicable fluid temperature range, Btu • in./(h • n2 • °F) k the lower value of the conductivity range listed in Table 14-6 for the applicable fluid temperature range, Btu • in./(h • n2 • °F) 2. Runouts to individual terminal units not exceeding 12 ft. in length. NEW SECTION 1513.2 Area Controls: The maximum lighting power tha1 may be controlled from a single switch or automatic contro WAC 51-11-1513 Lighting controls. shall not exceed that which is provided by a twenty ampere 1513.1 Local Control and Accessibility: Each space, circuit loaded to not more than eighty percent. A maste1 enclosed by walls or ceiling-height partitions, shall be control may be installed provided the individual switche~ provided with lighting controls located within that space. retain their capability to function independently. Circui The lighting controls, whether one or more, shall be capable breakers may not be used as the sole means of switching. of turning off all lights within the space. The controls shall Exceptions: be readily accessible, at the point of entry/exit, to personnel I. Industrial or manufacturing process areas, as may be required fo occupying or using the space. production. 2. Areas less than five percent of footprint for footprints over 100,00< Exceptions: The following lighting controls may be centralized in square feet. remote locations: I. Lighting controls for spaces which must be used as a whole. 1513.3 Daylight Zone Control: All daylighted zones, a~ 2. Automatic controls. defined in Chapter 12, both under overhead glazing anc 3. Controls requiring trained operators. adjacent to vertical glazing, shall be provided with individua 4. Controls for safety hazards and security. controls, or daylight- or occupant-sensing automatic controls which control the lights independent of general area lighting Permanent [ 122] Washington State Register, Issue 93-21 WSR 93-21-052 1513.4 Display, Exhibition, and Specialty Lighting Controls: All display, exhibition, or specialty lighting shall be con- trolled independently of general area lighting. 1513.5 Automatic Shut-Off Controls, Exterior: Exterior lighting not intended for 24-hour continuous use shall be automatically switched by timer, photocell, or a combination of timer and photocell. Automatic time switches must also have program back-up capabilities, which prevent the loss of program and time settings for at least I 0 hours, if power is interrupted. 1513.6 Automatic Shut-Off Controls, Interior: Office buildings greater than 25,000 sq. ft. and all school class- rooms shall be equipped with separate automatic controls to shut off the lighting during unoccupied hours. Automatic controls may be an occupancy sensor, time switch, or other device capable of automatically shutting off lighting. Exceptions: I. Areas that must be continuously illuminated, or illuminated in a manner requiring manual operation of the lighting. 2. Emergency lighting systems. 3. Switching for industrial or manufacturing process facilities a~ may be required for production. 1513.6.1 Occupancy Sensors: Occupancy sensors shall be capable of automatically turning off all the lights in an area, no more than 30 minutes after the area has been vacated. 1513.6.2 Automatic Time Switches: Automatic time switches shall have a minimum 7 day clock and be capable of being set for 7 different day types per week and incorpo- rate an automatic holiday "shut-off' feature, which turns off all loads for at least 24 hours and then resumes normally scheduled operations. Automatic time switches shall also have program back-up capabilities, which prevent the loss of program and time settings for at least IO hours, if power is interrupted. Automatic time switches shall incorporate an over-ride switching device which: a. is readily accessible; b. is located so that a person using the device can see the lights or the areas controlled by the switch, or so that the area being illuminated is annunciated; and c. is manually operated; d. allows the lighting to remain on for no more than two hours when an over-ride is initiated; and e. controls an area not exceeding 5,000 square feet or 5 percent of footprint for footprints over 100,000 square feet, whichever is greater. NEW SECTION WAC 51-11-1532 Exterior lighting power allowance. The exterior lighting power allowance shall be the sum of the calculated allowances for parking, outdoor areas and building exteriors. The lighting allowance for covered parking, open parking and outdoor areas shall be 0.20 watts per square foot. The lighting allowance for building exteri- ors shall be calculated either by multiplying the building facade area by 0.25 watts per square foot or multiplying the building perimeter in feet by 7.5 watts per linear foot. Exception: Group M occupancy accessory to Group R occupancy. [ 123] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 TABLE 15-1 Unit Lighting Power Allowance (LPA) Paintin2. welding. camentrv. machine shoos 2.3 Barber shoos. beautv shoos 2.0 Hotel banquet/conference/exhibition hall3•4 2.0 Laboratories 2.0 ::::::::::::::::::::::::::::::::: Aircraft reoair han2ars 1.5 Cafeterias, fast food establishments5 1.5 Factories. workshops, handling areas 1.5 Gas stations, auto repair shops6 1.5 Institutions 1.5 Libraries5 1.5 Nursin2 homes 1.5 Wholesale stores (oallet rack shelvinE!) 1.5 Mall concourses 1.4 . Schools buildings school classrooms. dav care centers 1.35 ; ; ; · · · ; · · · · · · · · · ; · · · ; ; - - - · · - - - - . · · · · · · · · · · · · ; ; ,·.··.·.·.·· · · ; Laundries 1.3 ;. · · · · · · · · · • • • • • • • · • · · · · • · ;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;. · · · · · · · · • • • · · · · · · · · · · • · • ; ;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;• •Z·'.·'.·'.·Z·'.·'.·Z·Z•'.•'.·'.·'.·Z·.•'.·Z .·,'.<·'.·'.·'.·'.·'.·'.•'.·'.•'.·'.·Z·'.·Z·'.·'.;'.·'.·'.·'.·' ·'.·'.·'.-:;'. Office buildings, office/administrative areas in facilities 1.2 of other use types (including but not limited to schools, hospitals, institutions, museums, banks. churches)5•7•11 Police and fire stations8 1.2 Atria (atriums) 1.0 Assembly spaces9 , auditoriums. l!vmnasia9 theaters 1.0 Process plants 1.0 Restaurants/bars5 1.0 Retail A10 1.0 Retail B10• Retail bankin!! 1.5 Locker and/or shower facilities 0.8 Warehouses11 , stora~e areas 0.5 Aircraft storage hangars 0.4 = · · · · · · · · · · · · ;.; ; ; ;.; · · · · · · · . · · · · · .• •.•·.····· · · · · · · · = · · · · · - - . - · · · · · · · · · · · - - - · · · · · · = - - - - - Parking garages See Section 1532 - - =· · · · · · · · · · · · · · · · · · · · · · · - - - - · · · · · · < -:-:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:-:·:·: · · · · · · · · · · · · · · - - - · · · · · · · - - ;.;. - · · ·! Plans Submitted for Common Areas Onlv7 Common area, corridors, lobbies (except mall 0.8 concourse) Toilet facilities and washrooms 0.8 Permanent [ 124] Washington State Register, Issue 93-21 WSR 93-21-052 Footnotes for Table 15-1 1. In cases in which a use is not mentioned specifically, the Unit Power Allowance shall be determined by the building official. This determination shall be based upon the most comparable use specified in the table. See Section 1512 for exempt areas. 2. The watts per square foot may be increased, by two percent per foot of ceiling height above twenty feet, unless specifically directed otherwise by subsequent footnotes. 3. Watts per square foot of room may be increased by two percent per foot of ceiling height above twelve feet. 4. For all other spaces, such as seating and common areas, use the Unit Light Power Allowance for assembly. 5. Watts per square foot of room may be increased by two percent per foot of ceiling height above nine feet. 6. Includes pump area under canopy. 7. In cases in which a lighting plan is submitted for only a portion of a floor, a Unit Lighting Power Allowance of 1.35 may be used for usable office floor area and 0.80 watts per square foot shall be used for the common areas, which may include elevator space, lobby area and rest rooms. Common areas, as herein defined do not include mall concourses. 8. For the fire engine room, the Unit Lighting Power Allowance is 1.0 watts per square foot. 9. For indoor sport tournament courts with adjacent spectator seating, the Unit Lighting Power Allowance for the court area is 2.6 watts per square foot. 10. For both Retail A and Retail B, light for free-standing display, building showcase illumination and display window illumination installed within two feet of the window are exempt. Retail A allows a Unit Lighting Power Allowance of 1.0 watts per square foot. Ceiling mounted adjustable tungsten halogen and HID merchandise display illuminaries are exempt. Retail B allows a Unit Lighting Power Allowance of 1.5 watts per square foot, including all ceiling mounted merchandise display luminaries.· 11. Provided that a floor plan, indicating rack location and height, is submitted, the square footage for a warehouse may be defined, for computing the interior Unit Lighting Power Allowance, as the floor area not covered by racks plus the vertical face area (access side only) of the racks. The height allowance defined in footnote 2 applies only to the floor area not covered by racks. [ 125] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 Due to the various assumptions that are necessary, th NEW SECTION results of the analysis shall not be construed as a guarante1 of the actual energy performance of the project. WAC 51-11-2006 Default U-factors for glazing and doors. NEW SECTION 2006.1 Untested Glazing and Doors: Untested glazing and WAC 51-11-99902 Section 2-General principle doors shall be assigned the following U-factors: and requirements. TABLE 20-6 Default U-Factors for Vertical Glazing, Overhead Glazing and Opaque Doors _ 2.1 Energy Analysis: Compliance with this Standard wil require an analysis of the annual energy usage, hereinafte Vert1ca . IGI . azm2 called an annual energy analysis . U-Factor A building designed in accordance with this Standarc Sine.le 1.45 will be deemed as complying with this Code, if Double 0.90 1/2 Inch Air Fixed 0.75 a. The calculated annual energy consumption is no 112 Inch Air Low-c<0·•0) Fixed 0.60 greater than that of a corresponding "standard design," a 1/2 Inch Are.on Low-e<0·•0> Fixed 0.50 defined below and in Section 3, and; 0 ver h ea dGI azm2 ' U-Factor b. Whose enclosure elements and energy-consumini Any Frame Vinyl/Wood systems comply with Sections 1310 through 1314, 14 ]( Frame through 1415, 1440 through 1442, 1450 through 1454 an< Sine.le 2.15 1510 through 1513. Buildings shall only vary from thos1 Double 1.45 1.00 Low-e<0-•0) or Ar1:on 1.40 0.95 requirements in Sections 1330 through 1334, 1432 througl Low-e<0-•0) + Ar1:on 1.30 0.85 1438 and 1530 through 1532 where those variations hav1 Low-ec0-20) Air 1.30 0.90 been accurately and completely modeled. Where variation Low-ec0-20) + Ar1:on 1.25 0.80 are not specifically analyzed, the building shall comply witl Triole 1.25 0.80 these requirements. For a proposed building design to be considered simila 0 lpaque D oors to a "standard design," it shall utilize the same energ: U-Factor source(s) for the same functions and have equal floor are: Uninsulated Metal 1.20 and the same ratio of envelope area to floor area, environ Insulated Metal (Including Fire Door and 0.60 mental requirements, occupancy, climate data and usag1 Smoke Vent) Wood 0.50 operational schedule. Inputs to the energy analysis relatini to occupancy and usage shall correspond to the expecte< NOTES: occupancy and usage of the building. Where a gap width is listed (i.e.: 1/2 inch), that is the minimum allowed. Where a low-emissivity emittance is listed (i.e.: 0.40, 0.20, 0.10), that is the maximum allowed. Except as noted below, the systems identified, and, tc Where a gas other than air is listed (i.e.: argon), the gas fill shall be a minimum of90%. Where an operator type is listed (i.e.: fixed), the default is only allowed for that operator type. the extent possible, the assumptions made in assignini Where a frame type is listed (i.e.: wood/vinyl), the default is only allowed for that frame type. energy inputs to each system, shall be the same for th1 Wood/Vinyl frame includes reinforced vinyl and aluminum-dad wood. standard design and the proposed design. When electricall: driven heat pumps, other than multiple units connected to : common water loop, are employed to provide all or part o REFERENCE STANDARD COMMERCIAL the heat for the proposed design, the standard design shal BUILDING DESIGN BY SYSTEMS ANALYSIS also, for the purposes of the analysis, assume that electricall: driven heat pump, in conformance with Chapter 14 of th1 NEW SECTION Code and having capacity at least as great as those used i1 WAC 51-11-99901 Section 1-Scope. the proposed design are employed. 2.2 Design: The standard design and the proposed desig1 1.1 General: This Standard establishes design criteria in shall be designed on a common basis as specified herein: terms of total energy consumption of a building, including a. The comparison shall be expressed as kBtu input pe all of its systems. General principles and requirements are square foot of conditioned floor area per year at the buildini outlined in Section 2. Specific modeling assumptions are site. Buildings which use electricity as the only fuel source listed in Section 3. comparisons may be expressed in kWh. When convertini The building permit application for projects utilizing this electricity in kWh to kBtu a multiplier of 3.413 kWh/kBt1 Standard shall include in one submittal all building and shall be used. mechanical drawings and all information necessary to verify b. If the proposed design results in an increase i1 that the design for the project corresponds with the annual consumption of one energy source and a decrease in anothe energy analysis. If credit is proposed to be taken for energy source, even though similar sources are used fo lighting energy savings, then electrical drawings shall also be similar purposes, the difference in each energy source shal included with the building permit application. be converted to equivalent energy units for purposes o comparing the total energy used. Permanent [ 126 I Washington State Register, Issue 93-21 · WSR 93-21-052 2.3 Analysis Procedure: The analysis of the annual energy g. Parking ventilation/fans; usage of the standard and the proposed building and system h. Exhaust fans; design shall meet the following criteria: i. Service water heating; a. The building heating/cooling load calculation proce- j. Elevators; dure used for annual energy consumption analysis shall be k. Appliances. detailed to permit the evaluation of effect of factors specified Energy consumption of the following items shall be in Section 2.4. included but is not required to be separated out by each b. The calculation procedure used to simulate the individual item. operation of the building and its service systems through a full-year operating period shall be detailed to permit the a. Office equipment; evaluation of the effect of system design, climatic factors, b. Refrigeration other than comfort cooling; operational characteristics and mechanical equipment on c. Cooking; and annual energy usage. Manufacturer's data or comparable d. Any other energy-consuming equipment. field test data shall be used when available in the simulation The specifications of the proposed building project used of systems and equipment. The calculation procedure shall in the analysis shall be as similar as is reasonably practical be based upon 8,760 hours of operation of the building and to those in the plans submitted for a building permit. its service systems and shall utilize the design methods, specified in Standards RS-27, -11, -12 and -13 listed in NEW SECTION Chapter 7 and 17 of the Code or in other programs approved by the building official. WAC 51-11-99903 Section 3-Specific modeling assumptions. 2.4 Calculation Procedure: The calculation procedure shall cover the following items: The specific modeling assumptions consist of methods a. Design requirements-Design heating conditions and and assumptions for calculating the standard energy con- design cooling conditions as defined in Chapter 12 of the sumption for the standard building and the proposed energy Code. consumption of the proposed design. In order to maintain b. Climatic data-Coincident hourly data for tempera- consistency between the standard and the proposed design tures, solar radiation, wind and humidity of typical days in energy consumptions, the input assumptions in this section the year representing seasonal variation. shall be used. c. Building data-Orientation, size, shape, mass, air and "Prescribed" assumptions shall be used without varia- heat transfer characteristics. tion. "Default" assumptions shall be used unless the design- d. Operational characteristics-Temperature, humidity, er can demonstrate that a different assumption better charac- ventilation, illumination and control mode for occupied and terizes the building's use over its expected life.· Any unoccupied hours. modification of a default assumption shall be used in e. Mechanical equipment-Design capacity and part modeling both the standard building and the proposed design load profile. unless the designer demonstrates a clear cause to do other- f. Building loads-Internal heat generation, lighting, wise. equipment and number of people during occupied and unoccupied periods. 3.1 Orientation and Shape: The standard building shall consist of the same number of stories and gross floor area Exception: Proposed designs having an area of 25,000 square feet or less are exempt from the full-year energy analysis de- for each story as the proposed design. Each floor shall be scribed in section 2.3(b). However, comparison of energy oriented exactly as the proposed design. The geometric form consumption between the proposed design and the stan- shall be the same as the proposed design. dard design shall be provided based on one of the pro- grams suggested in Section 4.2 for these buildings. 3.2 Internal Loads: Internal loads shall be modeled as noted in the following parts of Section 3.2. The systems 2.5 Documentation: All analyses submitted shall be specified for calculating the standard energy consumption in accompanied by an energy analysis comparison report. The Section 3.2 are intended only as constraints in calculating the report shall provide technical detail on the two building and consumption. They are not intended as requirements or system designs and on the data used in and resulting from recommendations for systems to be used in the proposed the comparative analysis to verify that both the analysis and building or for the calculation of the proposed energy the designs meet the criteria of Section 1. consumption. The calculation procedure for the standard design and 3.2.1 Occupancy: Occupancy schedules shall be default the proposed design shall separately identify the calculated assumptions. The same assumptions shall be made in annual energy consumption for each different occupancy computing proposed energy consumption as were used in type, if possible, for each of the following end uses: calculating the standard energy consumption. Occupancy a. Interior lighting; levels vary by building type and time of day. Table 3-1 b. Parking lighting; establishes the density presented as ft2/person of conditioned c. Exterior lighting; floor area that will be used by each building type. Table 3-2 d. Space heating; establishes the percentage of the people that are in the e. Space cooling; building by hours of the day for each building type. f. Interior ventilation/fans; [ 127] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 3.2.2 Lighting: The interior and exterior lighting power proposed design. The distribution of doors in the gross allowance for calculating the standard energy consumption opaque wall area of the standard design shall be identical tc shall be determined from Sections 1531 and 1532. The the distribution of doors in the proposed design. lighting power used to calculate the proposed energy 3.3.2 Infiltration: For standard and proposed buildings. consumption shall be the actual lighting power of the infiltration assumptions shall be equal. proposed lighting design. Exempt lighting in the standard design shall be equal to the exempt lighting in the proposed 3.3.3 Envelope and Ground Absorptivities: For the design. standard building, absorptivity assumptions shall be defaul1 Lighting levels in buildings vary based on the type of assumptions for computing the standard energy consumption uses within buildings, by area and by time of day. Table 3-2 and default assumptions for computing the proposed energy contains the lighting energy profiles which establish the consumption. The solar absorptivity of opaque elements ol percentage of the lighting load that is switched ON in each the building envelope shall be assumed to be 70 percent prototype or reference building by hour of the day. These The solar absorptivity of ground surfaces shall be assumed profiles are default assumptions and can be changed if to be 80 percent (20 percent reflectivity). required when calculating the standard energy consumption 3.3.4 Window Treatment: No draperies or blinds shall be to provide, for example, a 12 hour rather than an 8 hour modeled for the standard or proposed building. work day or to reflect the use of automatic lighting controls. The lighting schedules used in the standard and proposed 3.3.5 Shading: For standard building and the proposed designs shall be identical and shall reflect the type of design, shading by permanent structures and terrain shall be controls to be installed in the proposed design. The controls taken into account for computing energy consumption in the proposed design shall comply with the requirements whether or not these features are located on the building site. in Section 1513 and no credit shall be given for the use of A permanent fixture is one that is likely to remain for the any additional controls, automatic or otherwise. life of the proposed design. Credit may be taken fo1 external shading devices that are part of the proposed design. 3.2.3 Receptacle: Receptacle loads and profiles are default assumptions. The same assumptions shall be made in 3.4 HVAC Systems and Equipment: For the standard calculating proposed energy consumption as were used in building, the HV AC system used shall be the system type calculating the standard energy consumption. Receptacle used in the proposed design. If the proposed HV AC system loads include all general service loads that are typical in a type does not comply with Sections 1432 through 1438, the building. These loads should include additional process standard design system shall comply in all respects with electrical usage but exclude HV AC primary or auxiliary those sections. electrical usage. Table 3-1 establishes the density in W/ft2 Exception: When approved by the building official, a prototype to be used. The receptacle energy profiles shall be the same HV AC system may be used, if the proposed design systen: as the lighting energy profiles in Table 3-2. This profile cannot be modified to comply with Sections 1422 and establishes the percentage of the receptacle load that is 1432 through 1438, as a standard design. Use of proto· type HV AC systems shall only be permitted for thf switched ON by hour of the day and by building type. building types listed below. For mixed-use buildings, thf 3.3 Envelope floor space of each building type is allocated within thf floor space of the standard building. The specificatiom 3.3.1 Insulation and Glazing: Glazing area and U-factor of and requirements for the HV AC systems of prototypf the standard building envelope shall be determined by using buildings shall be those in Table 3-3. the Target UA requirements of Equation 13-1 and U-factor I. assembly 6. restaurant values in Table 13-1 or 13-2. The glazing solar heat gain 2. health/institutional 7. retail (mercantile) coefficient (SHGC) or shading coefficient of the standard building shall be the lesser of 0.65 and the SHGC required 3. hotel/motel 8. school (educational) by Table 13-1 or 13-2 for the vertical or overhead glazing 4. light manufacturing 9. warehouse (storage) area for the appropriate wall type. The opaque area U- factors of the standard building shall be determined by using 5. office (business) the Target UA requirements from Equation 13-1 including the appropriate mass for walls. The insulation characteristics 3.4.1 HV AC Zones: HV AC zones for calculating the and glazing area are prescribed assumptions for the standard standard energy consumption and proposed energy consump- building for calculating the standard energy consumption. In tion shall consist of at least four perimeter and one interim the calculation of the proposed energy consumption of the zone per floor, with at least one perimeter zone facing ead proposed design, the envelope characteristics of the proposed orientation. The perimeter zones shall be fifteen feet in design shall be used. The standard design shall use the width or one-third the narrow dimension of the buildin~ maximum glazing areas listed in Tables 13-1 or 13-2 for the when this dimension is between 30 and 45 feet inclusive 01 appropriate use. The distribution of vertical glazing in the half the narrow dimension of the building when this dimen- gross wall area of the standard design shall be equal to the sion is less than thirty feet. distribution of vertical glazing in the proposed design or Exceptions: shall constitute an equal percentage of gross wall area on all I. Building types such as assembly or warehouse may be modelec sides of the standard building. The distribution of overhead as a single zone if there is only one space. 2. Thermally similar zones. such as those facing one orientation or glazing in the gross roof/ceiling area of the standard design different floors. may be grouped together for the purposes o shall be equal to the distribution of overhead glazing in the either the standard or proposed building simulation. Permanent [ 128 J Washington State Register, Issue 93-21 WSR 93-21-052 3.4.2 Process Equipment Sizing: Process sensible and Exceptions: latent loads shall be equal in calculating both the standard I. If a building or ponion of a building is to be provided with only energy consumption and the proposed energy consumption. heating or cooling, both the standard building and the proposed design shall be simulated using the same assumptions. The designer shall document the installation of process 2. If warehouses are not intended to be mechanically cooled, both equipment and the size of process loads. the standard and proposed energy consumption shall be modeled assuming no mechanical cooling. 3.4.3 HV AC Equipment Sizing: The equipment shall be sized to include the capacity to meet the process loads. For 3.6.2: Space temperature controls for the standard building, calculating the proposed energy consumption, actual air flow shall be set at 70 degrees F for space heating and 75 degrees rates and installed equipment size shall be used in the F for space cooling, with a deadband in accordance with simulation. Equipment sizing in the simulation of the Section 1412.2. The system shall be OFF during off-hours proposed design shall correspond to the equipment intended according to the appropriate schedule in Table 3-2, except to be selected for the design and the designer shall not use that the heating system shall cycle ON if any space should equipment sized automatically by the simulation tool. drop below the night setback setting 55 degrees F. There shall be no similar setpoint during the cooling season. Equipment sizing for the standard design shall be based Lesser deadband ranges may be used in calculating the on the same as the proposed design or lesser sizing ratio of proposed energy consumption. installed system capacity to the design load for heating and for cooling. Exceptions: I. Setback shall not be modeled in determining either the standard Chilled water systems for the standard building shall be or proposed energy consumption if setback is not realistic for modeled using a reciprocating chiller for systems with total the proposed design such as a facility being operated 24 hours/day. For instance, health facilities need not have night cooling capacities less than 175 tons, and centrifugal chillers setback during the heating season. for systems with cooling capacities of 175 tons or greater. 2. If deadband controls are not to be installed, the proposed energy For systems with cooling capacities of 600 tons or more the consumption shall be calculated with both heating and cooling standard energy consumption shall be calculated using two thermostat setpoints set to the same value between 70 degrees F and 75 degrees F inclusive, assumed to be constant for the centrifugal chillers, leadnag controlled. Chilled water shall year. be assumed to be controlled at a constant 44 degree F temperature rise, from 44 degrees F to 56 degrees F, 3.6.3: When providing for outdoor air ventilation when operating at 65 percent combined impeller and motor calculating the standard energy consumption, controls shall efficiency. Condenser water pumps shall be sized using a 10 be assumed to close the outside air intake to reduce the flow degree F temperature rise, operating at 60 percent combined of outside air to 0.0 cfm during "setback" and "unoccupied" impeller and motor efficiency. The cooling tower shall be periods. Ventilation using inside air may still be required to an open circuit, centrifugal blower type sized for the larger maintain scheduled setback temperature. Outside air of 85 degrees F leaving water temperature or 10 degrees F ventilation, during occupied periods, shall be as required by approach to design wetbulb temperature. The tower shall be the Washington State Ventilation and Indoor Air Quality controlled to provide a 65 degrees F leaving water tempera- Code chapter 51-13 WAC. ture whenever weather conditions permit, floating up to 3.6.4: If humidification is to be used in the proposed design leaving water temperature at design conditions. design, the same level of humidification and system type 3.4.4 Variable Speed: The energy of the combined fan shall be used in the standard building. system per air volume at design conditions (w/cfm) of the proposed design shall be equal to that of the standard design. Variable air volume fan systems in the standard building shall be variable speed. 3.5 Service Water Heating: The service water heating loads for prototype buildings are defined in terms of Btu/person-hour in Table 3-1. The values in the table refer to energy content of the heated water. The service water heating loads from Table 3-1 are default for all buildings. The same service-water-heating load assumptions shall be made in calculating proposed energy consumption as were used in calculating the standard energy consumption. The service water heating system for the standard building shall be modeled as closely as possible as if it were designed in accordance with the ASHRAE Handbook, 1987 HY AC Systems and Applications Volume and meeting all the requirements of Sections 1440 through 1442. 3.6 Controls 3.6.1: All occupied conditioned spaces in standard and proposed design buildings in all climates shall be simulated as being both heated and cooled. [ 129] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 TABLE 3-1 Acceptable Occupancy Densities, Receptacle Power Densities and Service Hot Water Consumption! /.i:/.i . ,·.f i.l,1./,1./,i.!.•. s.•, .~lB~tFu ,~h ~s'.~.•.•·.•·ffiltl>l·i·i,i, . ,i. .'. f ((f~~a~~ i.' i· .•.1.' i .• < :: <(Bfoth;s··:rt)\> ,•./ i.f,1.i.·.1.•.'.l 1J ii~f ~l f.Bfo/h• ·:·.·l-S6rt• > ~ 1 1 1 1 /:/ .• ... 215 Health/Institutional 135 Hotel/Motel 1, 110 Li ht Manufacturin 225 175 N.A. Restaurant 100 2.30 0.10 0.34 390 Retail 300 0.77 0.25 0.85 135 School 75 3.07 0.50 1.71 215 Warehouse 15,000 0.02 0.10 0.34 225 1. The occupancy densities, receptacle power densities and service hot water consumption values are from ASHRAE Standard 90.1-1989 and addenda. 2. Values are in square feet of conditioned floor area per person. Heat generation in Btu per person per hour is 230 sensible and 190 latent. Figures in parentheses are equivalent Btu per hour per square foot. 3. Values are in Watts per square foot of conditioned floor area. Figures in parentheses are equivalent Btu per hour per square foot. These values are the minimum acceptable. If other process loads are not input (such as for computers, cooking, refrigeration, etc.), it is recommended that receptacle power densities be increased until total process energy consumption is equivalent to 25 % of the total. 4. Values are in Btu per person per hour. Permanent [ 130 l Washington State Register, Issue 93-21 WSR 93-21-052 TABLE 3-2a Assembly Occupancy1 Wkd Sat< ·•.· Suri Wkd Sat .•.• Suri (12-lam) 0 5 off 0 (1-2am) 0 5 off 0 (2-3am) 0 5 off 0 (3-4am) 0 5 off 0 (4-5am) 0 5 off 0 (5-6am) 0 5 on off 0 (6-7am) 0 40 5 on 0 (7-8am) 0 40 30 on 0 '0 0 (8-9am) 20 10 40 30 on 0 10 (9-lOam) 20 10 75 50 30 on 5 0 11 (10-llam) 20 10 75 50 30 on 5 0 12 (11-12pm) 80 60 10 75 50 30 on 35 20 10 0 13 (12-lpm) 80 60 10 75 50 65 on 5 0 14 (1-2pm) 80 60 70 75 50 65 on 5 0 15 (2-3pm) 80 60 70 75 50 65 on 5 0 16 (3-4pm) 80 60 70 75 50 65 on 5 0 17 (4-5pm) 80 60 70 75 50 65 on 5 0 18 (5-6pm) 80 60 70 75 50 65 on 0 (6-7pm) 20 60 70 75 50 . 65 on 0 (7-8pm) 20 60 70 75 50 65 on on· on 0 65 0 (8-9pm) 20 60 70 75 50 65 on 0 30 0 (9-lOpm) 20 80 70 75 50 65 on 0 (10-llpm) 10 20 25 50 5 on 0 (11-12am) 0 5 off 0 otal/Day 710 · 750 700 1155 800 845 1800 1700 1700 70 125 115 0 otal/Week 50.50 hours 74.20 hours 124 hours 5.9 hours 0 hours otal/Year 2633 hours 3869 hours 6465 hours 308 hours 0 hours 1. Schedules for occupancy, lighting, receptacle, HVAC system and service hot water are from ASHRAE Standard 90.1-1989 and addendums, except that 5 percent emergency lighting has been added for all off hours. Elevator schedules, except for restaurants, are from the U.S. Department of Energy Standard Evaluation Techniques except changed to 0 percent when occupancy is 0 percent. THESE VALUES MAY BE USED ONLY IF ACTUAL SCHEDULES ARE NOT KNOWN. [ 131] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 TABLE 3-2b Health Occupancy1 Wkd \tsar ?Suri Wkd /Sat < Sun••· Wkd )Sat Sun Wkd . ···Sat Stiri) (12-lam) 0 10 5 on 1 0 (1-2am) 0 10 5 on 1 0 (2-3am) 0 10 5 on 1 0 (3-4am) 0 10 5 on 1 0 (4-5am) 0 10 5 on 1 0 (5-6am) 0 10 5 on 1 0 (6-7am) 0 10 5 on 1 0 (7-8am) 10 0 50 20 5 on 17 1 2 0 (8-9am) 50 30 5 90 40 10 on 58 20 1 75 46 2 10 (9-lOam) 80 40 5 90 40 10 on 66 28 1 100 70 2 11 (10-llam) 80 40 5 90 40 10 on 78 30 1 100 70 2 12 (11-12pm) 80 40 5 90 40 10 on 82 30 1 100 70 2 13 (12-lpm) 80 40 5 90 40 10 on 71 24 1 75 51 2 14 (1-2pm) 80 40 5 90 40 10 on 82 24 1 100 51 2 15 (2-3pm) 80 40 5 90 40 10 on 78 23 1 100 51 2 16 (3-4pm) 80 40 5 90 40 10 on 74 23 1 100 51 2 17 (4-5pm) 80 40 0 30 40 5 on 63 23 1 100 51 0 18 (5-6pm) 50 10 0 30 40 5 on 41 10 1 100 25 0 19 (6-7pm) 30 10 0 30 10 5 on 18 1 52 2 0 (7-8pm) 30 0 30 10 5 on 18 1 52 0 (8-9pm) 20 0 30 10 5 on 18 1 52 0 (9-lOpm) 20 0 30 10 5 on 10 1 28 0 (10-llpm) 0 30 10 5 on 1 0 (ll-12am) 0 10 5 on 1 0 otal/Day 850 380 40 1060 550 160 2400 2400 2400 783 249 24 1136 540 16 otal/Week 46.70 hours 60.10 hours 168 hours 41.88 hours 62.36 hours otal/Year 2435 hours 3134 hours 8760 hours 2148 hours 3251 hours 1. Schedules for occupancy, lighting, receptacle, HV AC system and service hot water are from ASHRAE Standard 90.1-1989 and addendums, except that 5 percent emergency lighting has been added for all off hours. Elevator schedules, except for restaurants, are from the U.S. Department of Energy Standard Evaluation Techniques except changed to 0 percent when occupancy is 0 percent. THESE VALUES MAY BE USED ONLY IF ACTUAL SCHEDULES ARE NOT KNOWN. Permanent [ 132 J Washington State Register, Issue 93-21 WSR 93-21-052 TABLE 3-2c Hotel/Motel Occupancy1 >'M~~i~ofu [;~rid( Wkd ·• Sat<Sun·•·· (12-lam) 00 00 W 20 30 on 20 25 ~ M " {l-2am) 90 70 15 20 30 on 15 20 33 35 55 (2-3am) 90 70 10 20 on 15 20 33 ,35 43 (3-4am) 90 70 10 20 on 15 20 33 35 43 (4-5am) 90 70 10 20 on 20 33 35 43 (5-6am) 90 70 20 10 20 on 25 30 33 35 43 (6-7am) 70 40 30 on 50 40 50 42 40 52 (7-8am) 40 50 70 50 30 40 on 60 50 42 32 52 (8-9am) 40 50 40 on 55 50 52 45 65 10 (9-lOam) 20 30 50 40 30 on 45 50 55 52 45 65 11 (10-llam) 20 30 50 25 30 on 40 45 50 40 42 53 12 {ll-l2pm) 20 30 25 30 on 45 50 51 60 13 (12-lpm) 20 30 25 30 on 40 50 40 51 65 53 14 (1-2pm) 20 30 20 25 20 on 35 45 40 51 65 51 15 (2-3pm) 20 30 20 25 20 on 30 40 30 51 65 50 16 (3-4pm) 30 20 25 20 on 30 40 30 51 65 44 17 (4-5pm) 50 30 25 20 on 30 35 30 63 65 64 18 (5-6pm) 50 40 25 20 on 40 80 75 62 19 (6-7pm) 50 60 40 60 50 on 55 50 86 80 65 (7-8pm) 70 60 60. 80 70 on 60 55 50 70 80 63 (8-9pm) 70 60 90 70 80 on 50 40 70 75 63 (9-lOpm) 80 70 80 70 60 on 55 50 70 75 63 (10-llpm) 90 70 80 60 50 on 45 40 45 55 40 (ll-12am) 90 70 80 30 on 25 30 20 45 55 40 otal/Day 1390 1390 1300 855 785 810 2400 2400 2400 915 930 900 1217 1303 1287 otal/Week 96.40 hours 58.70 hours 168.0 hours 64.05 hours 86.75 hours otal/Year 5026 hours 3061 hours 8760 hours 3340 hours 4523 hours 1. Schedules for occupancy, lighting, receptacle, HVAC system and service hot water are from ASHRAE Standard 90.1-1989 and addendums, except that 5 percent emergency lighting has been added for all off hours. Elevator schedules, except for restaurants, are from the U.S. Department of Energy Standard Evaluation Techniques except changed to 0 percent when occupancy is 0 percent. THESE VALUES MAY BE USED ONLY IF ACTUAL SCHEDULES ARE NOT KNOWN. [ 133] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 TABLE 3-2d Light Manufacuring Occupancy1 /Scheduic·ror ) ><Schedi:i1e·ror\< · ... /.Schedule for ,.,. ·· • .. Schedule foF t H/dcc~l>an~y ? , •••••/•••i·•••••···~ig~iing•·. . H ~~rlii~·n<>t w~t~; < <EtcvatBf ? •..••.•..•.•..•.•. ' •..•..•..•. ;.................. D; ~~~p~,~C.~.~·· }••· j ,~;~~~i· ~i·. il,j~,lf ll~ ,11~~~ll~l1• !:f .. :/:d:.::::: •..•.•.••.•• , •. i, .•..• , ••.••.•.•.••.•.•.• , •.• ,•.·•.·.··p······•eric••·•·e····n······t·······o·····f···•·.••, HM'~~irJtifu··•tri~a? ··•···M'~~imtirn cri~l:I•• · ••, ·J\ f'·•···••''"'/ - . .····L'' ax1mum oa • ·•·''''i\f~~irnum'··uJ~d> Wkd · .. ,Sat•••·.su·n Wkd \fSat Sun Wkd ·.· .. Sat Suh? (12-lam) 0 5 off 5 4 0 (1-2am) 0 5 off 5 4 0 (2-3am) 0 5 off 5 4 0 (3-4am) 0 5 off 5 4 0 (4-5am) 0 5 off 5 4 0 (5-6am) 0 10 5 off 8 7 0 (6-7am) 10 5 10 5 on off 7 4 0 (7-8am) 20 10 5 30 10 5 on off 19 11 4 35 16 0 (8-9am) 95 30 5 90 30 5 on off 35 15 4 69 14 0 10 (9-lOam) 95 30 5 90 30 5 on off 38 21 4 43 21 0 11 (10-llam) 95 30 5 90 30 5 on off 39 19 4 37 18 0 12 (11-12pm) 95 30 5 90 30 5 on off 47 23 6 43 25 0 13 (12-lpm) 50 10 5 80 15 5 on off 57 20 6 58 21 0 14 (1-2pm) 95 10 5 90 15 5 on off 54 19 9 48 13 0 15 (2-3pm) 95 10 5 90 15 5 on off 34 15 6 37 8 0 16 (3-4pm) 95 10 5 90 15 5 on off 33 12 4 37 4 0 17 (4-5pm) 95 10 5 90 15 5 on off 44 14 4 46 5 0 18 (5-6pm) 30 5 50 5 on off 26 7 4 62 6 0 19 (6-7pm) 10 5 0 30 5 on off 21 7 4 20 0 (7-8pm) 10 0 30 5 on off 15 7 4 12 0 (8-9pm) 10 0 20 5 on· off 17 7 4 0 (9-lOpm) 10 0 20 5 on off 8 9 7 4 0 (10-llpm) 5 0 10 5 off 5 4 0 (11-12am) 5 0 5 off 5 4 0 otal/Day 920 200 60 1040 280 120 1600 1200 0 537 256 113 555 151 0 otal/Week 48.60 hours 56.00 hours 92.00 hours 30.54 hours 29.26 hours otal/Year 2534 hours 2920 hours 4797 hours 1592 hours 1526 hours 1. Schedules for occupancy, lighting, receptacle, HVAC system and service hot water are from ASHRAE Standard 90.1-1989 and addendums, except that 5 percent emergency lighting has been added for all off hours. Elevator schedules, except for restaurants, are from the U.S. Department of Energy Standard Evaluation Techniques except changed to 0 percent when occupancy is 0 percent. THESE VALUES MAY BE USED ONLY IF ACTUAL SCHEDULES ARE NOT KNOWN. Permanent [ 134] Washington State Register, Issue 93-21 WSR 93-21-052 TABLE 3-2e Office Occupancy1 t Schedule rorO.> ) : $.(hcdulc.for l ~tvic~llOtW~t~; ?.Etevator't/= = I ~~~~~~~~i > '-J. ! ! .. 1.·.:·j··········• .. •.' ...•.•...•. ...•.•....•. ·.•.· •.•.··•···•·• •. .•.•...•.•.••.•. • · 1 ....•.•... •.•..•.•.•. • .. .• ... 1.• ...•...•..•. ·.1.·.1.p•····j·ej'···rc c·····n·t·········o······f··•·.•.l ...•..•..•.•.•.•. •.•.• .. •.•.• .... • .. :.• ...•. 1 .•. l .•. : .•. • ...••....• Wkd Sat > Sun Wkd > Sat • ·.:•· Suil (12-lam) 0 5 4 0 (1-2am) 0 5 off 5 4 0 (2-3am) 0 5 off 5 4 0 (3-4am) 0 5 off 5 4 0 (4-5am) 0 5 off 5 4 0 (5-6am) 0 10 5 off 8 7 0 (6-7am) 10 5 10 5 on off 7 4 0 (7-8am) 20 10 5 30 10 5 on off 19 11 4 35 16 0 (8-9am) 95 30 5 90 30 5 on off 35 15 4 69 14 0 10 (9-lOam) 95 30 5 90 30 5 on off 38 . 21 4 43 21 0 11 (10-llam) 95 30 5 90 30 5 on off 39 19 4 37 18 0 12 (11-12pm) 95 30 5 90 30 5 on off 47 23 6 43 25 0 13 (12-lpm) 50 10 5 80 15 5 on off 57 20 6 58 21 0 14 (1-2pm) 95 10 5 90 15 5 on off 54 19 9 48 13 0 15 (2-3pm) 95 10 5 90 15 5 on off 34 15 6 37 8 0 16 (3-4pm) 95 10 5 90 15 5 on off 33 12 4 37 4 0 17 (4-5pm) 95 10 5 90 15 5 on off 44 14 4 46 5 0 18 (5-6pm) 30 5 50 5 on off 26 7 4 62 6 0 (6-7pm) 10 5 0 30 5 on off 21 7 4 20 0 (7-8pm) 10 0 30 5 on off 15 7 4 12 0 (8-9pm) 10 0 20 5 on off 17 7 4 0 (9-lOpm) 10 0 20 5 on off 8 9 7 4 0 (10-llpm) 5 0 10 5 off 5 4 0 (ll-12am) 5 0 5 off 5 4 0 otal/Day 920 200 60 1040 280 120 1600 1200 0 537 256 113 555 151 0 otal/Week 48.60 hours 56.00 hours 92.00 hours 30.54 hours 29.26 hours otal/Year 2534 hours 2920 hours 4797 hours 1592 hours 1526 hours 1. Schedules for occupancy, lighting, receptacle, HVAC system and service hot water are from ASHRAE Standard 90.1-1989 and addendums, except that 5 percent emergency lighting has been added for all off hours. Elevator schedules, except for restaurants, are from the U.S. Department of Energy Standard Evaluation Techniques except changed to 0 percent when occupancy is 0 percent. THESE VALUES MAY BE USED ONLY IF ACTUAL SCHEDULES ARE NOT KNOWN. [ 135] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 TABLE3-2f Parking Garage Occupancy1 -:sdiedulcfor :.•.· rschcduleJoF>• sys;ten1t\ ~~riieknot wa~~~ +•E1evat6f I. I •••••·•••••••••••· ....................... ,. •··••·• •....•••.•.•••• , ••• ,,.,., •. ., .•...••. ·•·••.•>)}······ ·· • •· ; {/.•/ .• , ••. •• -• •} }) ( ! i !!!~~~~~~~~~/ ji ij ; ; ~~~~~~~!~~ ; ; M'~~ht.um tri;d) M'i&irl1\;ril f6~il Wkd "' Sat \Sun Wkd / Sat <Sun Wkd)/Sat '•••'•·•Sun Wkd ·.·. ·Sat)Stlfr (12-lam) 100 (1-2am) 100 (2-3am) 100 (3-4am) 100 (4-5am) 100 (5-6am) 100 (6-7am) 100 (7-8am) 100 (8-9am) 100 10 (9-lOam) 100 Based Included 11 (10-llam) 100 on with 12 (11-12pm) NIA 100 likely NIA other 13 (12-lpm) 100 use occupancies 14 (1-2pm) 100 15 (2-3pm) 100 16 (3-4pm) 100 17 (4-5pm) 100 18 (5-6pm) 100 19 (6-7pm) 100 (7-8pm) 100 (8-9pm) 100 (9-lOpm) 100 (10-llpm) 100 (11-12am) 100 otal/Day 2400 2400 2400 otal/Week 168 hours otal/Year 8760 hours 1. Sch~ules for occupancy, lighting, receptacle, HV AC system and service hot water are from ASHRAE Standard 90.1-1989 and addendums, except that 5 percent emergency lighting has been added for all off hours. Elevator schedules, except for restaurants, are from the U.S. Department of Energy Standard Evaluation Techniques except changed to 0 percent when occupancy is 0 percent. THESE VALUES MAY BE USED ONLY IF ACTUAL SCHEDULES ARE NOT KNOWN. Permanent [ 136 ] Washington State Register, Issue 93-21 WSR 93-21-052 TABLE 3-2g Restaurant Occupancy1 ...... scliedote rcirt:< s h Ci r ~ · ..... . •••••.• @{ < ::}jf otcu.:.,P. {}~:: . ~~~#t r .•....••..•.••. :.••.•••.············ ..•.....•...••.•. •R• . .C.~ec.·.·~gehputtai:c1g oe{··•i.• .. ·· .... •.••.•• ...••. :.•• .•.• •·:········ Maximum toad\ . ?r\1 J~iffihitl~aa u p······e·····r····~~n······t•l.J.o••••••r•••••.11 ?J\f~iintirillliad/ ••••••••. :;t~;; .•.•.••..••.••.• ~ · ... ·.·.·.·,·.·.·.·-:·· • j J!e•••••r•·••ce•••·••••n•··•tffo•···•·r· £1 .. ·····••••I••·········· Wk<t >sat ?suit Wkd .. Sat\ Sun• Wkd )\Sat \Bun·: Wkd · .... Sat ?Siin ··. (12-lam) 15 30 20 15 20 on 20 25 0 (1-2am) 15 25 20 15 on 15 20 0 (2-3am) 5 15 on 15 20 0 (3-4am) 0 15 off 0 .(4-5am) 0 15 off 0 (5-6am) 0 20 15 off 0 (6-7am) 0 40 30 off 0 (7-8am) 5 0 40 30 on off 60 0 (8-9am) 5 0 60 50 on off 55 0 10 (9-lOam) 5 0 60 50 on off 45 50 0 11 (10-llam) 20 10 90 80 70 on 40 45 50 0 12 (11-12pm) 50 45 20 90 80 70 on 45 50 0 13 (12-lpm) 80 50 25 90 80 70 on 40 50 40 0 14 (1-2pm) 70 50 25 90 80 70 on 35 45 40 0 15 (2-3pm) 40 35 15 90 80 70 on 30 40 30 0 16 (3-4pm) 20 30 20 90 80 70 on 30 40 30 0 17 (4-5pm) 25 30 25 90 80 60 on 30 35 30 0 18 (5-6pm) 50 30 35 90 60 on 40 0 19 (6-7pm) 80 70 55 90 60 on 55 50 0 (7-8pm) 80 90 65 90 60 on 60 55 50 0 (8-9pm) 80 70 90 60 on 50 so 40 0 (9-lOpm) 50 65 35 90 60 on 55 50 0 (10-llpm) 35 55 20 50 on 45 40 0 (11-12am) 20 35 20 30 on 25 30 20 0 otal/Day 750 740 485 1455 1365 1115 2000 1800 1700 790 730 625 0 otal/Week 49.75 hours 97.55 hours 135 hours 53.05 hours 0 hours otal/Year 2594 hours 5086 hours 7039 hours 2766 hours 0 hours 1. Schedules for occupancy, lighting, receptacle, HVAC system and service hot water are from ASHRAE Standard 90.1-1989 and addendums, except that 5 percent emergency lighting has been added for all off hours. Elevator schedules, except for restaurants, are from the U.S. Department of Energy Standard Evaluation Techniques except changed to 0 percent when occupancy is 0 percent. THESE VALUES MAY BE USED ONLY IF ACTUAL SCHEDULES ARE NOT KNOWN. [ 137] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 TABLE 3-2h Retail Occupancy1 Schedule for > rschcdulc fob > s~f~i& Jltit · w~t~r t Etcv~tor !f i\1~iimumto~d ··• : i\f~~im~.n d;;a JJllli llii lll!ll~f ~ ~, Wkd \Sat < Sun Wkd Sat/ Sun•· Wkd / Sat Sun Wk.d . Sat SMi (12-lam) 0 5 off 4 11 7 0 (1-2am) 0 5 off 5 10 7 0 (2-3am) 0 5 off 5 8 7 0 (3.-4am) 0 5 off 4 6 0 (4-5am) 0 5 off 4 6 0 (5-6am) 0 5 off 4 6 0 (6-7am) 0 5 on off 4 7 0 (7-8am) 10 0 20 10 5 on off 15 20 10 12 9 0 (8-9am) 20 0 50 30 10 on 23 24 12 22 21 0 10 (9-lOam) 50 10 90 60 10 on 32 27 14 64 56 11 (10-llam) 50 60 20 90 40 on 41 42 29 74 66 13 12 (11-12pm) 70 80 20 90 40 on 57 54 31 68 35 13 (12-lpm) 70 80 40 90 60 on 62 59 36 68 37 14 (1-2pm) 70 80 40 90 60 on 61 60 36 71 69 37 15 (2-3pm) 70 80 40 90 60 on 50 49 34 72 70 39 16 (3-4pm) 80 40 90 60 on 45 48 35 72 69 41 17 (4-5pm) 70 80 40 90 60 on 46 47 37 73 66 38 18 (5-6pm) 50 60 20 90 40 on off 47 46 34 68 58 34 19 (6-7pm) 50 20 10 60 50 20 on off 42 44 25 68 47 3 (7-8pm) 30 20 0 60 30 5 on off 34 36 27 58 43 0 (8-9pm) 30 20 0 50 30 5 on off 33 29 21 54 43 0 (9-lOpm) 0 10 0 20 10 5 off on off 23 22 16 0 8 0 (10..:llpm) 0 5 off 13 16 10 0 (11-12am) 0 5 off 8 13 6 0 otal/Day 720 750 280 1115 985 525 1500 1600 900 662 690 459 844 761 288 otal/Week 46.30 hours 70.85 hours 100 hours 44.59 hours 52.69 hours otal/Year · 2414 hours 3694 hours 5214 hours 2325 hours 2747 hours 1. Schedules for occupancy, lighting, receptacle, HVAC system and service hot water are from ASHRAE Standard 90.1-1989 and addendums, except that 5 percent emergency lighting has been added for all off hours. Elevator schedules, except for restaurants, are from the U.S. Department of Energy Standard Evaluation Techniques except changed to 0 percent when occupancy is 0 percent. THESE VALUES MAY BE USED ONLY IF ACTUAL SCHEDULES ARE NOT KNOWN. Permanent [ 138] Washington State Register, Issue 93-21 WSR 93-21-052 TABLE 3-2i School Occupancy1 <>Schedule for· < ? SChcdulc fob ? . s~.:VidH~t Wat~l · ( ElcvatoF Wkd Sa(/Sun· .. Wkd Sat/Sun· (12-lam) 0 5 off 5 3 0 (1-2am) 0 5 off 5 3 0 (2-3am) 0 5 off 5 3 0 (3-4am) 0 5 off 5 3 0 (4-5am) 0 5 off 5 3 0 (5-6am) 0 5 off 5 3 0 (6-7am) 0 5 off 5 3 0 (7-8am) 5 0 30 5 on off 10 3 0 (8-9am) 75 10 0 85 15 5 on off 34 3 5 30 0 10 (9-lOam) 90 10 0 95 15 5 on off 60 5 30 0 11 (10-llam) 90 10 0 95 15 5 on off 63 5 30 0 12 (11-12pm) 80 10 0 95 15 5 on off 72 5 30 0 13 (12-lpm) 80 10 0 80 15 5 on off 79 5 30 0 14 (1-2pm) 80 0 80 5 .on off 83 3 5 30 0 15 (2-3pm) 80 0 80 5 on· off 61 3 30 0 16 (3-4pm) 45 0 70 5 on off 65 3 15 0 17 (4-5pm) 15 0 50 5 on off 10 3 0 18 (5-6pm) 5 0 50 5 on off IO 3 0 (6-7pm) 15 0 35 5 on off 19 3 0 (7-8pm) 20 0 35 5 on off 25 3 0 1 (8-9pm) 20 0 35 5 on off 22 3 0 (9-lOpm) 10 0 30 5 on off 22 3 0 (10-llpm) 0 5 off 12 3 0 (ll-12am) 0 5 off 9 3 0 otal/Day 710 50 ( 0 990 170 120 1500 500 0 691 80 84 285 0 otal/Week 36.00 hours 52.40 hours 80.00 hours 36.19 hours 14.25 hours otal/Year 1877 hours 2732 hours 4171 hours 1887 hours 743 hours 1. Schedules for occupancy, lighting, receptacle, HV AC system and service hot water are from ASHRAE Standard 90.1-1989 and addendums, except that 5 percent emergency lighting has been added for all off hours. Elevator schedules, except for restaurants, are from the U.S. Department of Energy Standard Evaluation Techniques except changed to 0 percent when occupancy is 0 percent. THESE VALUES MAY BE USED ONLY IF ACTUAL SCHEDULES ARE NOT KNOWN. [ 139] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 TABLE 3-2j Warehouse Occupancy1 •·······Schedule.for>·.···· ··• ?Schedule fol' S<~'i\if,!'~' ~~l~~ il ~lcvat<'.r1' \i!114 r 1~~~~6~ s~l!~!I Wkd Sab ?Sun··• Wkd ·•··· Sat < Sun · Wkd Sat/ Sun Wkd ·.·.Sat /SMi (12-lam) 0 5 off 2 0 (1-2am) 0 5 off 2 0 (2-3am) 0 5 off 2 0 (3-4am) 0 5 . 5 5 off 2 0 (4-5am) 0 5 off 5 2 0 (5-6am) 0 5 off 7 2 0 (6-7am) 0 5 off 7 2 0 (7-8am) 15 0 40 5 on off 10 2 0 (8-9am) 70 20 0 70 8 5 on off 30 6 2 0 10 (9-lOam) 90 20 0 90 24 5 on off 36 12 2 0 11 (10-llam) 90 20 0 90 24 5 on off 36 12 2 30 0 12 (ll-12pm) 90 20 0 90 24 5 on off 46 17 2 0 13 (12-lpm) 50 10 0 80 5 on off 57 4 0 14 (1-2pm) 85 10 0 90 5 on off 43 4 0 15 (2-3pm) 85 10 0 90 5 on off 38 2 0 16 (3-4pm) 85 10 0 90 5 on off 40 2 40 0 17 (4-5pm) 20 0 90 5 on off 30 2 0 (5-6pm) 0 30 5 off 18 2 0 (6-7pm) 0 5 off 3 2 0 (7-8pm) 0 5 off 3 2 0 (8-9pm) 0 5 off 3 2 0 (9-lOpm) 0 5 off 3 2 0 (10-llpm) 0 5 off 3 2 0 (ll-12am) 0 5 off 3 2 0 otal/Day 680 120 0 915 180 120 1000 800 0 429 91 52 70 0 otal/Week 35.20 hours 48.75 hours 58.00 hours 22.88 hours 3.50 hours otal/Year 1835 hours 2542 hours 3024 hours 1193 hours 182 hours 1. Schedules for occupancy, lighting, receptacle, HVAC system and service hot water are from ASHRAE Standard 90.1-1989 and addendums, except that 5 percent emergency lighting has been added for all off hours. Elevator schedules, except for restaurants, are from the U.S. Department of Energy Standard Evaluation Techniques except changed to 0 percent when occupancy is 0 percent. THESE VALUES MAY BE USED ONLY IF ACTUAL SCHEDULES ARE NQT KNOWN. Permanent [ 140] Washington State Register, Issue 93-21 WSR 93-21-052 TABLE 3-3 IJV AC Systems of Prototype Buildings3 <:-Use-· System #

Remarks

TABLE 3-3 (cont.) 1. Assembly llV AC System Descriptiom ror Prototype Buildings' a. Churches (ant siz.e) 1 b. .5. 50,000 ft or .5.. 3 floors I or 3 Note2 HVAC Cnm0<ment S1stem A3 Svstem #4 c. > 50,000 ft2 or > 3 floors 3 System Description Air handler per zone with Packaged rooftop VA V with 2. central plant. Health pcri meter reheat and fan-powered terminal units. a. Nursing Home (any siz.e) 2 Fan System b. < 15,000 ft2 1 Design Supply Note 10 Nole 10 Circulation Rate c. > 15,000 ft2 and .5. 50,000 ft2 4 Note3 Supply Fan Conslanl volume. VA V with forward curved d. > 50,000 ft2 5 Note 3,4 Control centrifugal fan and variahle inlet 3. Hotel/Motel ··········-·-·······-··-·····--··· ·········-.. ·-···-·····-·····-··-·-·····-·-··-·-···-······ ... f"'.'!', __________________________ ........................... . a. .5. 3 Stories 2 Return Fan Note6 Constant volume. VA V with forward curved b. > 3 Stories 6 Control Note? centrifugal fan and discharge dampers. 4. Lil!ht Manufacturing I or 3 Coolinl! System Chilled water (Nole 12) Direct expan!;ion air cooled. 5. Office Healing System Hot water (Nole 13) Hot waler (Nole 13) or electric a. < 20,000 ft2 I b. > 20,000 n2 and either resistance. 1433, heat recovery ifrequired Section 1433. Minimum V AV Dryhulb economizer per Section Drybulb economizer per < 3 floors or < 75,000 n2 4 c. > 75,000 ft2;;; > 3 floors by Section 1436. selling per Section 1435 zone of greatest cooling 5 Exception I, Supply air reset by 6. Restaurant I or 3 Note2 demand, heat recovery if 7. Retail required hy Section 1436. a. .=:;. so,ooo n2 I or 3 Note2 b. > 50,000 ft2 4 or 5 Note 2 8. Schools a. .5. 75,000 n2 or .5. 3 floors 1 b. > 75,000 ft2 or > 3 floors 3 9. Warehouse Note5 TADLE 3-3 (cont.) Foolnolc lo TABLE 3-3: The systems and energy lypcs presented m lh1s table arc not HV AC System Desa-iplion< ror Prototype Buildings1 intended as requirements or recommendations for lhc proposed design. Floor areas in the table are the total conditioned floor areas for the listed use in the building. The number of llVAC Com11<mcnt Svstem #6 floors indicated in the table is the total number of occupied floors for the listed use. System Description Built-up central VAV with Four-pipe fan coil per zone wilh rerimeter reheat and central plant. fan-l')()wered terminal units Fan System Design Supply Note 10 Circul8tion Rate 5~·r;;i y··i'~·-·-····-··· ··vAv-;;;i-ih"·;·i·; r~i1;~~-irir;;ii~T·-- ··i';;;-.;;;~i·;;;.-;;;i·1h"-~i1·r~~"h"~i·;;;-ii Control fan and AC frequency variable or cooling. TABLE 3-3 (cont.) ·-··········-·•oo••••••••••oo•••••••••••• ••• 5.P."".'<.! •• ~.~.Y..'?.c._ .......•. _ .. , .• _ ..... , ............... , ••••••••••••-••••••••••••••••oo•••••••••••••••••••••••••••••••••••••••••• Return Fan VAV with air-foil centrifugal N.A. HVAC System Description.• for Prototype Buildings' Control fan and AC frequency variable soeed drive. JIVAC Coniooncnt s,-stem 112 Cooling System Chilled waler (Nole 12) Chilled water (Note 12) System Description Packaged roofiop single zone, Packaged lenninal air Heating System Hot water (Nole 13) or electric one unit per z.one. conditioner with space heater or re.c;istance. re.c;;istance. heat pump, heating or cooling Drybulb economizer rer Seclion Noeconomiz.er, if not required unit oer rone. 1433. Minimum VAV selling hy Section 1433. Fan System per Section I 43S Exception I, Design Supply Nole t 0 Note 11 Supply air rest hy zone of Circulation Rate greale.<I cooling demand, heal Supply Fan Conslanl volume. Fan cycles with call for heating recovery if required by Seclion ---~~.i:!. 1.~.2t ...................... ·················································-·········-··-······· 2.1 ' .. ~~~.!.' !£. ....................................... " 1436. Return Fan N.A. Control Coolino Svstem Direct expansion air cooled Direcl expansion air cooled. Heating System Furnace, heal pumr, or electric Heat rump wilh electric re.c;;istance. re..c;;istance auxiliary or air conditioner with .space healer. Drybulh economizer rer Section No economizer, if not re.quired 1433, heat recovery if required hy Section 1433. hv Section 1436. [ 141 ] Permanent WSR 93-21-052 Washington State Register, Issue 93-21 Numbered Footnotes for TABLE 3-3 HV AC System Descriptions for Prototype Buildings 1. The systems and energy types presented in this Table are not intended as requirements or recommendations for the proposed design. 2. For occupancies such as restaurants, assembly and retail that are part of a mixed use building which, according to Table 3-3, includes a central chilled water plant (systems 3,5, or~), chilled water system type 3 or 5 shall be used as indicated in the table. 3. Constant volume may be used in zones where pressurization relationships must be maintained by code. Where constant volume is used, the system shall have heat recovery if required by Section 1436. VA V shall be used in all other areas, in accordance with Sections 1432 through 1438. 4. Provide run-around heat recovery systems for all fan systems with a minimum outside air intake greater than 70 percent. Recovery effectiveness shall be 0.50. 5. If a warehouse is not intended to be mechanically cooled, both the standard and proposed designs shall be calculated assuming no mechanical cooling. 6. The system listed is for guest rooms only. Areas such as public areas and back-of-house areas shall be served by system 4. Other areas such as offices and retail shall be served by systems listed in Table 3-3 for these occupancy types. 7. The system listed is for guest rooms only. Areas such as public areas and back-of-house areas shall be served by system 5. Other areas such as offices and retail shall be served by systems listed in Table 3-3 for these occupancy types. 8. Reserved. · 9. Reserved. 10. Design supply air circulation rate shall be based on a supply-air-to-room air temperature difference of 20° F. A- higher supply -ai~ -t~~perature may be used if required to mai~tain a minimum circulation rate of 4.5 air changes per hour or 15 cfm per person to each zone served by the system, at design conditions. If return fans are specified, they shall be sized for the . supply fan capacity less the required minimum ventilation with outside air, or 75 percent of the supply fan capacity, whichever is larger. Except where noted, supply and return fans shall be operated continuously during occupied hours. 11. Fan energy when included in the efficiency rating of the unit as defined in Section 1411, need not be modeled explicitly for this system. The fan shall cycle with calls for heating or cooling. 12. Chilled water systems shall be modeled using a reciprocating chiller for systems with total cooling capacities less than 175 tons, and centrifugal chillers for systems with cooling capacities of 175 tons or greater. For systems with cooling capacities of 600 tons or more, the standard design energy consumption shall he calculated using two centrifugal chillers, lead/lag controlled. Chilled water shall be assumed to be controlled at a constant 44° F. Chiller water pumps shall be sized using a 12° F temperature rise, from 44° F to 56° F, operating at 65 percent combined impeller and motor efficiency. Condenser water pumps shall be sized using a 10° F temperature rise, operating at 60 percent combined impeller and motor efficiency. The cooling tower shall be an open circuit, centrifugal blower type sized for the larger of 85° F leaving water temperature or 10° F approach to design wetbulb temperature. The tower shall be controlled to provide a 65° F leaving water temperature whenever weather conditions permit, floating up to design leaving water temperatures at design conditions. Chilled water supply temperature shall be reset in accordance with Section 1432.2.2. 13. Hot water system shall include a natural draft fossil fuel or electric boiler. The hot water pump shall be sized based on a 30° F temperature drop, from 180° F to 150° F, operating at a combined impeller and motor efficiency of 60 percent. Hot water supply temperature shall he reset in accordance with Section 1432.2.2. . Permanent [ 142 ] Washington State Register, Issue 93-21 WSR 93-21-052 Program Name Source NEW SECTION ADM.2 ADM Associates WAC 51-11-99904 Section 4-Suggested software 3299 Ramos Circle for systems analysis approach. Sacramento, CA 95827 4.1 Programs Acceptable for Projects for Full-Year 916-363-8383 Hourly Analysis ASEAM Advanced Sciences Inc. Program Name Source 2000 N. 15th St., Suite 407 Arlington, VA 22201-2627 ADM-DOE ADM Associates 703-243-4900 3299 Ramos Circle Building Energy Elite Software Sacramento, CA 95827 Analysis and Easy DOE PO Drawer 1194 916-363-8383 Bryan, TX 77806 Micro-Axcess 10.l, PC Edison Electric 409-846-2340 Institute ESE Sea Gate PO Box 1235 5001 W. 80th St., Suite 204 Roswell, GA 30077 Bloomington, MN 55437 404-993-2406 612-844-8000 Blast 3.0 (Level 193) Blast Support Office Trakload 4.0 SRC Systems University of Illinois Dept. of Mechanical and Load Shaper 1300 Clay St., Suite 850 Market Manager Oakland, CA 94612 Industrial Engineering 1206 W. Green Room 30, MEB 510-839-2700 Urbana, II 61801 XENCAP 4.5 XENERGY 1-800-842-5278 492 9th Street, Suite 220 Oakland, CA 94607 DOE 2.1 Energy Science and Technology 510-891-0446 Software Center PO Box 1220 Oakridge, TN 3 7831-1020 615-576-2606 ESAS Ross Meriweather WSR 93-21-053 Consulting, Engineering PERMANENT RULES 3315 Outrider DEPARTMENT OF LICENSING [Filed October 18, 1993, 4:48 p.m.] San Antonio, TX 78247-4405 512-490-7081 Date of Adoption: October 5, 1993. Purpose: For the implementation and administration of ESP-II Automated Procedures for the bail bond agents law, a new chapter to Title 18 RCW Engineering Consultants, Inc. (chapter 260, Laws of 1993). Miami Valley Tower, Suite 2100 Statutory Authority for Adoption: Section 13, chapter 40 W. 4th St 260, Laws of 1993. Dayton, OH 45402 Pursuant to notice filed as WSR 93-18-100 on Septem- 513-228-2602 ber I, 1993. HAP 2.02 Carrier Air Conditioning Effective Date of Rule: Thirty-one days after filing. 655 S. Orcas, Suite I 0 October 18, 1993 Seattle, w A 98108 M. C. Collins 206-767-6340 Assistant Director MICRO-DOE Acrosoft International, Inc. 9745 E. Hampden Ave, Chapter 308-19 WAC Suite 230 BAIL BOND AGENCIES AND BAIL BOND AGENTS Denver, CO 80231 WAC 303-368-9225 PART A ULTRA 600 Version 11.9 The Trane Co. GENERAL 3600 Pammel Creek Rd. Lacrosse, WI 5460 I 308-19-010 Promulgation-Authority. 608-787-3926 308-19-020 Organization. 308-19-030 Definitions. 4.2 Programs only Acceptable for Commercial Buildings 25,000 Square Feet or Less [ 143 J Permanent WSR 93-21-053 Washington State Register, Issue 93-21 PARTB LICENSING APPLICATION AND FEES 308-19-100 Bail bond agency applications-Conditions Bail bond branch office license-Conditions NEW SECTION 308-19-110 308-19-120 Bail bond agency, branch office and agent WAC 308-19-100 Bail bond agency applications- license applications-Conditions. Conditions. Any person desiring to obtain a bail bond 308-19-130 Bail bond agency, branch office and bail agency license must substantiate the experience requirements bond agent fees. in Chapter 260, Laws of 1993, Section 4 or pass an exami- 308-19-140 Expiration and renewal of licenses. nation as provided in this chapter. Persons meeting the 308-19-150 Bail bond agent-Termination of services. experience requirements shall make application for a license 308-19-160 Inactive license. on a form prescribed by the director. Persons who do not PARTC meet the experience requirements shall make application for an examination and for a license on a form prescribed by the OFFICE REQUIREMENTS AND LICENSEE'S director. Concurrently, the applicant shall: RESPONSIBILITIES (1) Pay a fee or fees as prescribed by WAC 308-19-130. 308-19-200 Filing of licenses. (2) If the applicant is the qualified agent of a corpora- 308-19-210 Change of office location. tion, he or she shall furnish a copy of its articles of incorpo- 308-19-220 Licensee's responsibilities. ration, and a list of its officers and directors and their 308-19-230 Complaint notification. addresses. If the applicant is the qualified agent of a foreign 308-19-240 Records. corporation, he or she shall furnish a copy of certificate of 308-19-250 Inspection and audit. authority to conduct business in the state of Washington, a PARTD list of its officers and directors and their addresses, and PRELICENSE TRAINING AND EXAMINATION evidence of current registration with the secretary of state. REQUIREMENTS If the applicant is a partnership or limited partnership, each partner shall apply, qualify and furnish their addresses. 308-19-300 Minimum prelicense training and testing (3) When an agency license is issued to a sole propri- requirements. etorship, the owner shall act as the qualified agent of the agency without the payment of additional license fees. PART A When an agency license is issued to a corporation, the GENERAL manager, officer, or chief operating officer shall act as the qualified agent of the agency without the payment of NEW SECTION additional fees. When a license is issued to a partnership the WAC 308-19-010 Promulgation-Authority. The principal partner shall act as the qualified agent of the director of the Department of Licensing, state of Washing- agency without the payment of additional fees. ton, pursuant to the authority vested in the director by Chapter 260, Laws of 1993, does hereby promulgate the NEW SECTION following rules and regulations relating to the licensing of WAC 308-19-110 Bail bond branch office license- bail bond agencies and bail bond agents. Conditions. A licensed bail bond agency desiring to establish a branch office must apply and obtain a bail bond NEW SECTION branch office license and pay the required fee. Each branch WAC 308-19-020 Organization. The Department of office shall have a licensed qualified agent. Licensing administers the Washington bail bond license law, Chapter 260, Laws of 1993. Submissions and requests for NEW SECTION information regarding bail bond agency licenses and bail WAC 308-19-120 Bail bond agency, branch office bond agent licenses may be sent in writing to the Bail Bond and agent license applications-Conditions. Any person Program, Business and Professions Division, Department of desiring to obtain a bail bond agency, bail bond branch Licensing, P.O. Box 9649, Olympia, Washington 98507- office or bail bond agent license shall make application on 9649. a form prescribed by the director and pay a fee as prescribed by WAC 308-19-130. NEW SECTION WAC 308-19-030 Definitions. (1) Words and terms NEW SECTION used in these rules shall have the same meaning as each has WAC 308-19-130 Bail bond agency, branch office under Chapter 260, Laws of 1993 unless otherwise clearly and bail bond agent fees. The following fees for a one- provided in these rules, or the context in which they are used year period shall be charged by Business and Professions in these rules clearly indicates that they be given some other Division of the Department of Licensing: meaning. (2) "Principal partner" means the partner who is the Title of Fee Fee qualified agent of a bail bond agency and who exercises Bail bond agency/branch office: operational control over the agency. Application $800.00 Permanent [ 144) Washington State Register, Issue 93-21 WSR 93-21-053 License renewal 600.00 (2) An inactive license may be placed in an active status Late renewal with penalty 900.00 upon completion of an application as provided by the Certification of records 25.00 director and upon compliance with the rules adopted pursu- Bail bond agent: ant to Chapter 260, Laws of 1993. (3) An inactive license may not be renewed. The Original license 200.00 inactive license will be cancelled if not activated by the License renewal 150.00 expiration date. To obtain a new license the person must Late renewal with penalty 250.00 satisfy the procedures and qualifications for initial licensing, Certification of records 25.00 including the successful completion of any examination and education requirements. NEW SECTION (4) The provisions of Chapter 260, Laws of 1993 WAC 308-19-140 Expiration and renewal of licenses. relating to the denial, suspension, and revocation of a license Licenses issued to bail bond agents expire on their respective shall be applicable ·to an inactive license as well as an active birthdates. However, if an application for the bail bond license, except that when proceedings to suspend or revoke agent license is received by the Department of Licensing an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed. within ninety days from the applicant's birthdate, the license issued shall not expire until the next birthdate. Licenses issued to bail bond agencies expire on December 31 each PARTC year. Licenses must be renewed each year on or before the OFFICE REQUIREMENTS AND LICENSEE'S date established herein and a renewal license fee as pre- RESPONSIBILITIES scribed by the director in WAC 308-19-130 must be paid. NEW SECTION If the application for a license renewal is not received by the director on or before the renewal date, a penalty fee WAC 308-19-200 Filing of licenses. Licenses of all as prescribed by the director in WAC 308-19-130 shall be bail bond agency and bail bond agents shall be on file in the paid. Acceptance by the director of an application for office located at the address appearing on the license. renewal after the renewal date shall not be a waiver of the delinquency. NEW SECTION A license shall be cancelled if an application for a renewal of that license is not received by the director within WAC 308-19-210 Change of office location. The one year from the date of expiration. A person may obtain qualified agent of a bail bond agency shall notify the a new license by satisfying the procedures and qualifications department of any change of location and mailing address of for licensing, including the successful completion of any the agency office within ten working days by filing a current examination and education requirements. completed change of address form approved or provided by the department. NEW SECTION WAC 308-19-150 Bail bond agent-Termination of services. A person licensed as a bail bond agent may WAC 308-19-220 Licensee's responsibilities. It is the perform duties and activities as licensed only under the responsibility of each and every licensee to obtain a copy of direction and supervision of a licensed qualified agent and as and be knowledgeable of and keep current with the rules a representative of a bail bond agency. This relationship implementing Chapter 260, Laws of 1993. may be terminated unilaterally by either the agency or the agent. Notice of such termination shall be by the agency's NEW SECTION qualified agent to the director without delay and such notice WAC 308-19-230 Complaint notification. Every shall be accompanied by, and include the surrender of, the licensee shall notify in writing, within twenty days after agent's license held by the agency. Notice of termination service or knowledge thereof, the office of the Bail Bond shall be provided by signature of the agency's qualified Program, Business and Professions Division, Department of agent on the surrendered license. The termination date shall Licensing of any criminal complaint, information, indictment, be the postmark date or date the license is hand delivered to or conviction (including a plea of guilty or nolo contendere) the department. If the license held by the agency cannot be in which the licensee is named as a defendant. surrendered to the department because the license has been lost, the qualified agent shall complete and submit an NEW SECTION affidavit of lost license on a form approved by the depart- ment. WAC 308-19-240 Records. The following require- ments and prohibitions apply to all records and documents NEW SECTION required to be maintained by Chapter 260, Laws of 1993, or in these rules: WAC 308-19-160 Inactive license. (I) Any license (I) They shall be maintained in accordance with issued under Chapter 260, Laws of 1993 and not otherwise generally accepted accounting practices. revoked or suspended shall be deemed "inactive" at any time (2) No person shall make any false or misleading it is delivered to the director. Until reissued, the holder of statement, or make false or misleading entry, or willfully fail an inactive license shall be deemed to be unlicensed. [ 145 l Permanent WSR 93-21-053 Washington State Register, Issue 93-21 to make any entry required to be maintained or made, in any (I) If the records or items to be inspected or audited arc such record or document. · located anywhere upon a premise any portion of which i: (3) No person shall willfully fail to produce any such open for business or to the public (or members and guests) record or document for inspection by the department. then at any time the premises are so open, or at which the~ (4) The minimum records the qualified agent or princi- are usually open; or pal partner of a bail bond agency shall be required to keep (2) If the records or items to be inspected or audited arc are: not located upon a premise set out in section (I) above, ther (a) Bank trust account records; any time between the hours of 8 00 a.m. and 5 00 p.m (b) Duplicate receipt book or receipt journal; Monday through Friday. (c) Prenumbered checks; (d) Check register or cash disbursement journal; PARTD (e) Validated bank deposit slips; PRELICENSE TRAINING AND EXAMINATION (t) Reconciled bank monthly statement (client liability REQUIREMENTS vs bank statement); (g) All cancelled checks; NEW SECTION (h) All voided checks; (i) Client's information file which indicates client's WAC 308-19-300 Minimum training and examina name, dates of transactions, amount received, amount tion requirements. (1) The training and examinatior disbursed, current balance, check number, receipt number, requirements for bail bond agent license applicants unde1 and item(s) covered; · Chapter 260, Laws of 1993, Section 7, shall include, as < (j) A transaction folder or file containing a copy of all minimum: agreements and related correspondence for each transaction; (a) Four hours of training in the following subjects: (k) Records or descript.ion of all collaterals, securities, (i) Bail bond licensing laws; or monetary instruments received or held in the bail bond (ii) Court procedures relating to bail bonds; business transactions and (iii) Criminal procedure, RCW 10; (I) Records of training and/or continuing education for (iv) Coniracts and bail bond agreements; each bail bond agents employed in that agency. (v) Preparation of promissory notes, mortgages, deed~ (m) Records of exoneration of all bail bond transactions of trust, assignments and other documents affecting property which include: (i) Court, citation or case number (ii) date of (vi) Care and storage of personal property; issuance of the bail (iii) the defendant's name, address and (vii) Forfeiture of collateral, judgements and collection telephone number (iv) amount of the bond (vi) name of the (viii) Washington Insurance Code, RCW 48; court (vii) date of exoneration of the bond. (ix) Laws relating to notary publics, RCW 42.44; (n) The above records shall be maintained for a mini- (x) Contact with clients, courts and law enforcement; mum period of three years. (xi) Sexual harassment. (5) All funds and monetary instruments received by the (b) A licensed qualified agent shall certify on each bail agency from the customers or clients in the business transac- bond agent's license application that the training required ir tions shall be deposited into the trust account within three this section has been completed. working days of receipt. (2) The examination requirement for bail bond agenc) or qualified bail bond agent license applicants under Chapter NEW SECTION 260, Laws of 1993, Section 4(a), shall include, as a mini- mum: WAC 308-19-250 Inspection and audit. All records (a) All of the subjects as listed in section (I )(a) above. required to be maintained by a qualified agent of a bail bond and agency by Chapter 260, Laws of 1993, or these rules, (b) As a minimum, the following subjects: together with any other business or other types of records of (i) Recordkeeping and filing; a licensee which may be related to the bail bond activity, (ii) Business licensing, taxation and related reporting together with any personal property which may be the and recordkeeping requirements. subject of, or related to, a bail bond business transaction (iii) Personnel management; shall be subject to inspection and audit at any reasonable (iv) Laws relating to employment; time, with or without notice upon demand by the Department (v) The Americans with Disabilities Act; of Licensing, for the purposes of determining compliance or (3) The examination for bail bond agency or qualified noncompliance with the provisions of Chapter 260, Laws of bail bond agent license applicants shall consist of a mini- 1993, and these rules. mum of fifty questions covering the subjects listed above in If records requested by the department are not immedi- (2)(a) and (b). A score of eighty-five percent must be ately available because they are not physically present upon achieved in order to pass the examination. Applicants who the premises at the time the demand is made, they shall be fail to achieve an eighty-five percent score will be required procured and produced to the department as soon as possi- to wait a minimum of fourteen days before reexamination. ble, but in any event within twenty-four hours. by the (4) The director will certify training and examination licensee. programs for bail bond qualified agents and bail bond agents A reasonable time for the conduct of such inspection license applications. and audit shall be: Permanent [ 146] Washington State Register, Issue 93-21 WSR 93-21-070 especially in Eastern Washington streams prompted this PERMANENT RULES change. WILDLIFE COMMISSION The statewide regulation for bass catch and size limits [Order 617-Filed October 20, 1993, 8:05 a.m., effective April 16, 1994] was adopted with a reduction in the number of lakes in Date of Adoption: October 1, 1993. Region 4 proposed for the 12-15" slot limit. Public testimo- Purpose: To establish the 1994-95 Washington game ny presented requested consideration for the use of slot fish seasons, catch limits, and regulations, and to repeal limits only on an as-needed, water-by-water basis. existing 1992-94 game fish regulations. The proposal to allow use of internal combustion Citation of Existing Rules Affected by this Order: See engines as part of the selective fishery regulations was repealers shown below; and amending WAC 232-12-00 I, dropped, allowing the regulation to remain as it exists 232-12-619, and 232-28-619. presently in the current regulation providing for electric Statutory Authority for Adoption: RCW 77.04.055 and motors on waters on an exception basis. Public input 77.12.040. opposed the allowance of internal combustion motors. Pursuant to notice filed as WSR 93-13-140 on June 23, The statewide proposal to close steelhead fisheries no 1993. later than March 15 in depressed wild winter-run stocks that Changes Other than Editing from Proposed to Adopted have commingled early return hatchery fish-Washougal and Version: The adopted version of WAC 232-12-001 differs East Fork Lewis rivers was amended to provide an additional from the proposed version filed with the code reviser in the season of April 15 through May 31 for steelhead only. The following specifics: additional season would apply to the lower section of both The proposal to allow use of internal combustion rivers. Implementation of the additional season would: engines as part of the selective fishery regulations was Allow for protection of steelhead spawning and passage for dropped, allowing the regulation to remain as it exists the lower river sections from March 15 to April 15. This presently in the current regulation providing for electric represents about half of the lower river spawn timing being motors on waters on an exception basis. Public input closed to fishing. It also allows fish heading to upper opposed the allowance of internal combustion motors except reaches unencumbered passage through the area; provides on a water-by-water basis. recreational opportunity. Based on public testimony and The regulation proposal for bass and walleye catch-and- documentation, a very valuable sport fishery would be lost release exceptions required language clarification as request- on large numbers of bright and public accessible summer ed by the public. The additional language provided for steelhead by closing the total river during April and May. under item 17 in definition of terms fish in possession is as By opening the lower river sections to this additional season, follows: Bass or walleye may be caught, retained, and a fishery is provided where public accessibility is at its released alive from a livewell until a daily catch limit is in maximum and water conditions are ideal for both the fish possession. and steelhead anglers; and this season would also reduce The adopted version of WAC 232-12-619 differs from targeting on smolts by allowing only steelhead fishing to the proposed version filed with the code reviser in the occur during the additional season. following specifics: Proposal Option A allowing for eight standard stream The regulation proposal for bass and walleye catch-and- seasons for steelhead was adopted. This was the Department release exceptions required language clarification as request- of Wildlife's preferred option. It allows for flexibility to ed by the public. The additional language provided for in manage, and meet resource needs while providing for the statewide box under daily catch limit will be: Bass or standardization of seasons. The following bodies of water walleye may be caught, retained, and released alive from a were modified to reinstate the steelhead closing date of April livewell until a daily catch limit is in possession. 15, which is the current and preferred regulation of the The adopted version of WAC 232-28-619 differs from department: Mill Creek (Walla Walla County), Touchet the proposed version filed with the code reviser in the River, Tucannon River, and Walla Walla River. following specifics: A language change to clarify wild steelhead release The statewide regulation to standardize lakes, ponds and regulations was implemented on the Methow and reservoirs open seasons was amended to include an addition- Similkameen rivers. The intent of the language is to al season of September 1, 1994, to March 31, 1995. Many maintain wild steelhead release regulations during the June letters were received from the Winthrop/Leavenworth area through March seasons. requesting reconsideration of not removing fall seasons An amendment to move the closing date of March 3 1 to starting in September each year. To accommodate public March 15 on that portion of the Green (Duwamish) River preference and to establish a standard season encompassing from SR 167 Freeway Bridge to the Tacoma Headworks fall fisheries, ice fisheries, and early spring fisheries, this Dam was adopted. Also, the exemption from wild steelhead additional season was proposed and adopted. release from July I - January 31 was changed to July 1 - An addition to the statewide regulation to standardize November 30, which aligns the exemption ending date with catch and size limits for trout in rivers, streams, and beaver the standard wild steelhead release requirements ending date ponds was made to include a catch limit of five for eastern November 30. brook trout as part of the combined daily trout limit. A language clarification was implemented on the Cedar Concerns that the eight-inch minimum size limit for trout in River replacing the language "fishing unlawful between 7:00 rivers, streams, and beaver ponds will unnecessarily restrict p.m. and 5:00 a.m." with "night fishing closure". harvest of stunted populations of eastern brook trout, [ 147] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 Indian Heaven Wilderness Lakes trout catch limit of 5 Bait means ((A Rat1 1ral s1 1estaRee, fresh er flFS was amended to a trout catch limit of 3. As alpine iakes, a eessed, 1:1tilized fer attraetieR er eRtieeffleRt ef wildlife aRd reduced catch limit will fit with the shorter growing season, gaffle fish.)) Any substance which attracts fish or wildlife by yet allow for some harvest. scent and/or flavor. Bait includes any device made of Language was revised under marine and Columbia River feathers, hair, fiber, wood, metal, glass, cork, leather, rubber waters to accommodate the intent of the statewide regulation or plastic which uses scent and/or flavoring to attract fish or for Dolly Varden/Bull Trout season: All waters statewide, wildlife. are closed year around to fishing for or retaining Dolly (I 0) Steelhead means: A searun rainbow trout over Varden/Bull Trout. twenty inches in length. The season for Spectacle Lake (Okanogan County) was (11) Possession limit means: A two-day catch limit of adopted as March 1 - July 31, 1994, rather than April 30 - game fish allowed to be retained in the field or in transit. September 30, to provide quality fishing opportunity earlier (12) Selective fishery regulations: Only artificial flies in the year. or lures with a barbless hook are allowed; bait is prohibited; Technical revisions have been made throughout the fish may be released until the catch limit is retained. No adopted version of the WA Cs to use consistent terminology, one may fish from any floating device equipped with a ·clarify obvious conflicts and ambiguities, supply obvious motor, except where specifically allowed under special omissions and to correct or provide more specific statement regulations for individual waters. If any fish has swallowed of dates, limits, restricted and closed areas, and to correct the hook or is hooked in the gill, eye or tongue, it should be typographical errors. kept if legal to do so. Effective Date of Rule: April' 16, 1994. (13) Fly fishing means: In waters designated as "fly October 19, 1993 fishing only" an angler may use: A dry fly, bucktail fly, wet Curt Smitch fly, nymph or streamer with not more than one, single- Director pointed barbless hook; a conventional fly line at least for Dean A. Lydig twenty-five feet in length, with a back-up line of any kind Chair, Wildlife Commission behind the fly line. In waters designated as "fly fishing only" an angler may not fish from any floating device AMENDATORY SECTION (Amending Order 524, filed equipped with a motor, except where specifically allowed 12116/91, effective 4/16/92) under special regulations for individual waters. When fishing with a lure or fly, fish may be released until the WAC 232-12-001 Definition of terms. Definitions catch limit is retained. used in rules of the commission are defined in RCW (14) Boat fishing: Fishing while in or on a boat, raft, 77.08.010. In addition, unless the context clearly requires or any other floating device. otherwise: (15) Catch-and-release: A type of angling where none (1) Snagging, gaffing, or spearing means: An effort to of the fish caught are retained by the angler. impale game fish in a part of its body other than its mouth ( 16) Daily catch limit: The maximum number of fish by use of hooks or other devices. of a given species and size which a person may legally (2) A valid license, permit, tag, stamp or punchcard retain in a single day. When you are fishing with bait, ali means: A license, permit, tag, starrip, or punchcard that was legal trout are counted as part of the daily catch limit, issued to the bearer for the current season by the commission whether kept or released. Steelhead may be caught and and is required to hunt, fish or possess wildlife and has not released while using bait until the daily catch limit is been altered except as provided by rule of the commission. retained. (3) Hook means: One single, double, or treble hook. (17) Fish in possession: Any fish retained, secure from (4) Barbless hook means: A single, pointed hook from escape, whether dead or alive. Bass or Walleye may be which all barbs have been filed off, pinched down, removed caught, retained, and released alive from a livewell until a or deleted when manufactured. daily catch limit is in possession. (5) Falconry means: Possession, control, or use of a (18) Mouth of stream, river, or slough: Those waters raptor for the purpose of hunting and free flight training. upstream of a line projected between the outermost uplands (6) Anadromous game fish means: at the mouth. Outermost uplands means those lands are not (a) Steelhead trout, Oncorhynchus mykiss covered by water during an ordinary high water. (b) Searun cutthroat, Oncorhynchus clarkii (19) Maximum size limit: The longest length of a fish (c) Searun Dolly Varden, Salvelinus ma/ma of a given species that an angler may keep, measured from (7) Handgun means: Any pistol, revolver or short snout to tip of tail (not fork). firearm with a barrel length of less than sixteen inches and (20) Minimum size limit: The shortest length of a fish does not have a shoulder stock. of a given species that an angler may keep, measured from ((A)) ! _ure or fly means A manufactured article snout to tip of tail (not fork). ((with Re fflere thaR three heeks attaehed, 1:1tilized for (21) Night closure: On those waters where night attraetieR er eRtieeffleRt ef gaffle fish)) constructed of closures are specified, it is unlawful to fish from one hour feathers, hair, fiber, wood, metal, glass, cork, leather, rubber after official sunset to one hour before official sunrise. or plastic which does not use scent and/or flavoring to attract (22) Slough: Any swamp, marsh, bog, pond, side- fish. A lure or fly may not have more than three hooks channel, or backwater connected to a river by water. Many attached. When fishing with a lure or fly, fish may be waters commonly called sloughs are not connected to a river released until the catch limit is retained. and, therefore, are considered lakes. Permanent [ 1481 Washington State Register, Issue 93-21 WSR 93-21-070 (23) Wild cutthroat release: Only cutthroat trout with prehi0ited; fish ffi!l)' 0e released ttRtil the eateh liffiit is missing adipose fins may be possessed. There must be a retaiRed. ~le oRe ffi:El)' fish freffi aRy floatiRg deviee healed scar in the location of the missing fin. eqttipped with a ffi:eter, eReept where speeifieally alle·wed (24) Wild steelhead release: Only steelhead with ttRder speeial regttlatieRs fer iRdiYidttal ·.vaters. If aRy fish missing adipose or ventral fins may be possessed. There has swallo•ued the heolc or is hooked iR the gill, eye er must be a healed scar in the location of the missing fin. It teRgtte, it shettld 0e kept if legal te do se. is unlawful to use a gaff hook to land steelhead in waters Slettgh: ARy swaffip, £Rarsh, 0eg, peRd, side ehaRRel, designated "wild steelhead release." er 0aekwater eeRReeted te a riYer 0y ·Nater. ~'laRy waters (25) Free fishing weekends: The weekends correspond- eeft\ffieRly ealled slottghs are Ret eeRReeted te a river aRd, ing with National Fishing Week have been declared as therefere, are eoRsidered lakes. family fishing weekends in Washington. On these weekends Wild etttthreat release: ORiy etttthreat trottt with fishing licenses will not be required to fish for game fish, ffiissiRg adipese fiRs ffiay 0e pessessed. There ffittst 0e a except steelhead trout. These free fishing days are valid for healed sear iR the leeatieR ef the ffiissiRg tiR. everyone, regardless of residency or age. All other regula- Wild steelhead release: ORI)' steelhead ·,yith ffiissiRg tions remain in effect. Only waters open to fishing may be adipose or veRtral tiRs ffia)' 0e possessed. There ffittst 0e a fished; lure and/or bait restrictions and size and catch limits healed sear iR the loeatioR of the ffiissiRg fiR. It is ttRla•;,rfttl currently in place must be followed. to ttse a gaff hook to laRd steelhead iR waters desigR8ted "wild steelhead release.")) AMENDATORY SECTION (Amending Order 600, filed State-wide regulations. 4/30/93, effective 5/31/93) Taking and possessing game fish. It is unlawful to: WAC 232-12-619 ((1992 94)) 1994-95 Washington Use a gaff hook to land steelhead in waters designated game fish regulations. These regulations are effective from as "wild steel head release." April 16, ((~)) 1994, to April 15, ((+994)) 1995, both Take bullfrogs except by angling, hand dip netting, dates inclusive. spearing (gigging) or with bow and arrow. ({DefotitiORS. Feed or use any substance to attract game fish unless Boat fishiRg: PishiRg while iR or OR a 0oat, raft, or aRy specifically authorized by special regulations. other floatiRg de.,·iee. Fish for game fish with a bow and arrow or spear. Cateh aRd release: A type of aRgliRg where RORe of the Possess fish which are under the minimum size or over fish eattght are retaiRed B)' the aRgler. the maximum size as shown in general or special regional Daily eateh liffiit The ffiaJtiffittffi Rttffl0er of fish of a regulations. giveR speeies aRd si£e whieh a persoR ffillY legally retaiR iR Annual limit - steelhead trout only: Each angler who a siRgle day. WheR yott are fishiRg with 0ait, all legal trottt possesses a valid steelhead permit card may retain thirty are eottRted as part of the daily eateh liffiit, whether kept or steelhead over twenty inches in length per year (May 1 to released. Steelhead ffia)· 0e eattght aRd released while ttsiRg April 30). 0ait ttRtil the daily eateh liffiit is retaiRed. ((EJteeptioR fer reha0ilitated lakes. Pish iR possessioR: AR)' fish retaiRed, seettre freffi Lakes haYe RO si£e, eateh, or possessioR li£Rits OR the eseape, whether dead or alive. day of their reha0ilitatieR aRd fer teR da)'S fellewiRg. Dip IA waters desigRated as "fly fishiRg ORI)'°' aR aRgler ffiay Rets are allowed fer the takiRg of fish dttriRg this period. Rot fish froffl aRy floatiRg deviee eqttipped ·with a ffiotor, All fishiRg lieeRse reqttireffi:eRts apply.)) eJteept where speeifieally allewed ttRder speeial regttlatieRs Licenses - requirements. fer iRdi·f'idttal waters. When taking bullfrogs, a hunting or fishing license is Mettth ef streaffi, ri.,·er, er slottgh: These vl'aters required. ttpstreaffi ef a liRe prejeeted 0etweeR the ettterft\est ttplaRds. ((Pree fishiRg weelteRds: at the ft\ettth. Ottteffflest ttplaRds ft\eaRs these laRds are Ret The weekeRds eerrespoRdiRg with ~latieRal PishiRg ee.,·ered 0y 'Nater dttriRg aR erdiRlll)' high water. Week ha.,•e 0eeR deelared as faffiily fishiRg weekeRds iR MaJtiffittffl si£e liffiit: The leRgest leRgth ef a fish ef a WashiRgtoR. OR these weelceRds fishiRg lieeRses will Rot 0e giveR speeies that aR aRgler ffiay keep, ft\easttred freffi SRettt reqttired to fish fer gaff!e fish, eJteept steelhead trottt. These te tip ef tail (Ret ferlc). free fishiRg days are Yalid for e,·eryoRe, regardless of MiRiffittffi si£e liffiit: The shertest leRgth ef a fish ef a resideRe)' er age. All ether regttlatioRs re£RaiR ie effeet. giveR speeies that aR aRgler ffia)' keep, £Reasttred freffi sRettt ORI)· waters epee to fishieg ffiay 0e fished; lttre aedJor 0ait te tip ef tail (Ret ferk). restrietiees aed si£e aRd eateh lifflits ettrreetly ie plaee ffittst Night elesttre: OR these waters where Right elesttres are 0e follo 11ved. speeified, it is ttRlawfttl te fish freffi eRe hettr after effieial 1992 9q)) 1994-95 license fees. sttRset te eRe hettr 0efere offieial sttRrise.)) Military personnel, regardless of the length of time in Fishing seasons open at 12:01 a.m. on the first day and the state of Washington, who are permanently stationed at a close at 11 :59 p.m. on the last day. military installation within the state, are entitled to purchase ((PessessieR li£Rit: The ff!aJtiff!ttffi Rtt£R0er ef fish a resident license. Military personnel must have a license to allewed te 0e retaiRed iR the field, iR traRsit, iR the he£Re, fish for game fish anywhere in the state. Dependents must aRd/er iR a feed sternge faeility. establish a ninety-day residency. Seleeti'.·e fishery regttlatieRs: ORI)' artifieial flies er ffires ·.vith a 0ar01ess siRgle peiRted heek are allewed; 0ait is [ 1491 Permanent WSR 93-21-070 Washington State Register, Issue 93-21 STATE-WIDE REGULATIONS: WHITEFISH None LAKES, PONDS, & RESERVOIRS, AND RIVERS, STREAMS & ALL OTHER GAME FISH No Limit None BEA VER PONDS: BULLFROGS None STATE-WIDE REGULATIONS APPLY TO ALL WATERS, UNLESS WATERS ARE MODIFIED UNDER EXCEPTIONS TO REGIONAL *TROUT: Game fish species managed as "Trout" include the REGULATIONS. following: OPEN SEASONS: Brook Trout LAKES, PONDS, AND RESERVOIRS: YEAR AROUND, unless Brown Trout specified otherwise Cutthroat Trout under Exceptions - Re- Dolly Varden/Bull Trout Note (See Dolly Varden/Bull gional Regulations. Trout entry above). RIVERS, STREAMS AND BEA VER Golden Trout PONDS: JUNE I THROUGH OCTO- Kokanee (Silver Trout) BER 31, unless specified Lake Trout (Mackinaw) otherwise under Excep- Landlocked Atlantic Salmon tions - Regional Regu- Rainbow Trout lations. Steelhead Note (See Steelhead entry above) Note: Dates set for "traditional" April openers for Lakes, Ponds, and *Note: When fishing with bait, all trout egual to or greater than the Reservoirs for this year and future years are as follows: minimum size are counted as part of the daily catch limit April 30, 1994, April 25, 1995, April 27, 1996, and April 26, whether kept or released. 1997 Steelhead may be caught and relea~ed while using bait until the Waters managed under April through October seasons daily catch limit is retained. are listed under the Exceptions - Regional Regulations. Where use of bait is prohibited, or where artificial lures or flies GAME FISH SPECIES are used voluntarily, fish may be relea~ed DAILY CATCH LIMIT until the daily catch MINIMUM SIZE LIMIT limit is retained. BASS Five - not more than None three over fifteen If any fish has swallowed the hook or is hooked in the gill, eye inches or tongue, it should be kept if legal to do so. Bass may be caught, retained, and released AMENDATORY SECTION (Amending Order 524, filed alive from a livewell 12/16/91, effective 4/16/92) until a daily catch limit is in possession. WAC 232-28-619 ((1992 94)) 1994-95 Washington GRASS CARP .... lt is unlawful to fish for or retain grass carp. game fish seasons and catch limits. Region I. TROUT* A combined total of None in Lakes, Description: That area of the state contained within the (Seeil'Siii,g below for five trout, of which Ponds, and boundaries of Asotin, Columbia, Ferry, Garfield, Lincoln, species included.) no more than two may be Reservoirs. from Rivers, Streams, Pend Oreille, Spokane, Stevens, Walla Walla, and Whitman and Beaver Ponds (ex- counties. cept Ea,tern Brook Trout). All state-wide ((aREI RegieR I)) regulations ((fgt¥eft belewt)) apply to all Region I waters unless specifically No more than two of the Eight inches in combined trout daily catch Rivers, Streams, exempted or amended by ((~)) Exceptions - Region I limit of 5 may be Steelhead. and Beaver Ponds. regulations (listed for separate waters and categories of Wild Steelhead Release June 1- waters). November 30. When fishing or hunting within the boundaries of the EASTERN BROOK Five - to be considered None Colville Indian Reservation, contact the office of the Colville TROUT part of the combined trout (SaiVelinus daily catch limit. Confederated Tribes to find out what tribal permits and fontinalis) regulations apply. The daily catch limit for trout caught in either lakes or streams is a combined When fishing near Snake River dams, be aware of total and must not exceed five. restricted zones upstream and downstream of the dams. State-wide: ((RegieR I reg1:1latieRs. OfleR seaseRs: Dolly Varden/Bull Trout: l>lete: All 1111tefS llfl! elesetl )ellf llfflttAtl te the tlllEiAg ef Delly V1111le!l/ All waters, state-wide, are CLOSED YEAR AROUND to fishing for or httll IFBttl llAS gfll!is e11Fp. retaining Dolly Varden/Bull Trout. All waters iR LiReelR aREI WhitmaR ee1 1Rties Year Where exceptions to the above closure for Dolly Varden/Bull Trout occur under are1 1REI seaseR, 1 1Rless StJeeifieEI etherwise 1 1REler StJeeial individual listings in the Exceptions - Regional Regulations, Dolly Varden/Bull Trout count as part of the combined trout daily catch limit of five (above). reg1:1latieRs. WALLEYE Lakes, tJeREls, aREI resen•eirs iR ether RegieR I ee1:1Rties: Five, not more than Eighteen inches one over twenty-four AtJril 26, 1992, thre1:1gh Oetel=ier 31, 1992, aREI April 25, inches 1993, thre1 1gh Oetel=ier 31, 1993, 1 1Rless speeifieEI etherwise Walleye may be caught, l IREler SfleeiaJ reg1 1JatieRS retained, and released Ri·1ers, streams, BREI l=iea't•er peREls iR ether RegieR I alive from a livewell until a daily catch ee1 1Rties J1 1Re 1 t11re1 1gh Oetel=ier 31 (l=ietfl, 1992 aREI 1993), limit is in possession. 1 1Rless stJeeifieEI etherwise 1 1REler speeial reg1 1latieRs Permanent [ 150 l Washington State Register, Issue 93-21 WSR 93-21-070 (For Colttfflbia River resen·oirs, see flage ... ) iRehes iR leRgth is flFOhibited.)) Closed to fishing for steelhead. Cawfi, size, and flOssession lifflits: The eateh lifflit fer From SR129 Bridge upstream((, Sotttfi Fork eRd Nortfi trettt eattgfit iR either lakes or stFealfts is BR aggregate total Perle froffl lftOtttfi to USPS bottRdery: ReteiRiRg steelhead aRd fflttst Rot exeeed eigfit. The followiRg FeflFeSeRts geReral oYer tweRt)' iRefies iR leHgth is flFOhibited)) to the forks: eateh, size, aRd flOSSessioR lifflits fer gaffle fish (befere Trout - catch limit - eight. Closed to fishing for steelhead. fishiRg, efieek iRdividttal waters listed ttRder Sfleeial regttla Lawful to fish up to base of Headgate Dam. ti ORS fer eiteef)tioRS): North Fork from ((USPS bottRdeF)' ttflstreelft eRd ell Q'IbY rm11r11J11 G'llli l'ISII C1TCII PQSSIOSSiml other tribtttaries)) mouth upstream to USFS boundary: Trout SPIOCIE:S billlTS billITS billlTS (((iAelttdiRg steelhead))) - catch limit - ((two, fflil\ifflttFR leRgtA tweiYe iRehes. RetainiRg steelheed o,·er tweRty iRehes Bll!ls ......... Fi. e HSI ftlBFe NB Re TeR HBt ftlBFe iR leRgth is fJrohibited. Bait flFohibited)) eight. Closed to tl!t1F1 tl!Fee a , eF tllt!H siit a1eF fishing for steelhead. Selective fishery regulations. i:ifteeH iHel!es i:ifteeF1 itiel!es DBll) VaF8elb1 North Fork from USFS boundary upstream and all other 81111 TFa11t ..... It is 11F1lt1ll'flll te tributaries: Closed waters. HSI! faF Sf FetaiH Dall) Vt1FBeF1 Bf ll11ll B.C. Mill Pond: April 30 through October 31 season. ~ Badger Lake: April ((26, 1992, tluottgh Sefltember 30, CF11.:is Cafll .... It is 11F1lt1'" flll ta 1992, aRd Aflril 25, 1993,)) 30 through September 30((-; i:isl! faF SF retaiH ~)) season((s-)). OF1e eatel! liHlit Bayley Lake (Stevens County) ((iflelttdiRg iAlet strellffl)): TFa111* ....... Eigl!t, sf .. l!iel! l>laHe (IHel118iHg FISI ftl8Fe IH!!H RHB (iFI aaaitiaH) April ((26, 1992, tfirm1gh Jttly 4, 1992, llRd Aflril 25, 1993,)) lteltaF1ee t1F18 t 11·a ftltl) be a 1'eF t•11a steelhea!I a1eF 30 through July 4((,..+993-;)) season((-s-)). Trout - catch limit steell!eaa) t" el. e iHel!es I 11 eHI) iF1el!es - ((e-He)) two, minimum length fourteen inches. ((~ if talteFI ffSftl eastern brook trottt betweeR tweh·e inehes eAd sixteefl iAehes Fi 1'eFS, StfetlffiS, ftFIB Ilea 1'eF )l8HBS or reiRsow oYer siii:leeR iflefies fflB)' be retaiRed.)) Fly fishing only((, berbless hook)). Use of motors prohibited. Walle)e ...... Fi .e 6ighteeF1 TeH Fl8t ftlSFe iFlel!es tht!H 1118 81'ef Additional season. July 5 through October 31 ((-s-ett- t·ueRI) fat1F sett)). Catch-and-release, fly fishing only((, berbless hook)). ~ Use of motors prohibited. Inlet stream: Closed waters. Whitei:isl! ..... FifteeF1 i>laHe 0He eatel! liHlit ((Bead Lake: Year erottRd season.)) ~ gaftle i:isl! ..... !>la liHlit !>la liHlit Beaver Lake (Columbia County): March I through Bllllffegs ..... TeH 0Re eatel! liHlil ((Oetober)) July 31 season. Fishing from any floating device prohibited. *Nate: WheR fishiHg "ith llait, all IFBl!I e1jl!t1I te SF gFeateF tl1t1H the ftliF1iftlt1ftl sii!e &Fe eBl!Htea as Jl&Ft sf tile aail) eateh liHlit (Bergevifl RaAeh PoHd J1 1Re 1 thro1 1gh Oetober 31 "hetheF lte)lt BF Feletl!lea. Steelheaa HlB) Ile ea11ght t1F18 relell!lea seesoR. Lifflited to jtt,'efliles (ttRder fifteeA )'ears old) end Ii hile l!SiHg seil l!Htil the aeil) eateli liFHit is FetaiRell. V/l!ere 11se ef llait is )lFel!illitea ll) S)leeial Feg11lt1tiaRs, SF wl!eFe holders ef eofflfJliffleAter)' or free lieenses.)) IH1ifieial l11Fes SF Hies are l!Sea ~·ail!Htllfily, fish ftllt)' Ile Feietl!lea Big Four Lake: March 1 through ((Oetober)) July 31 l!Htil tl!e aflil) eatel! liftlit is FetfliFleB. If tlft) fisl! l!ll!l S 11alle11 ea tile l!aalc eF is l!eelcea iH the gill, e) e BF teHg11e, it sl!a11l8 Ile season. Trout - catch limit - two. Fly fishing only. Fishing lte)lt if legal IB lie se. from any floating device prohibited. Sfleeial FegttlatioRs. RegioA I. Basie state wide eRd Big Meadow Lake: April 30 through October 31 regioRel)) Exceptions - Region I Regulations: State-wide season. regulations apply to all waters except where modified in Black Lake (Stevens County): April 30 through special regulations below. October 31 season. Amber Lake: April ((26, 1992,)) 30 through September Blue Creek (Walla Walla County): April ((26, 1992, 30((, 1992, aHd Aflril 25, 1993, thro1 1gh Sefltefflber 30, throttgh J1 1fle 30, 1992, eAd Aflril 25, 1993,)) 30 through ~)) season((-s-)). Trout - catch limit - two, minimum June 30((,+993,)) season((s-)). length fourteen inches. Selective fishery regulations, except electric motors allowed. Additional season October 1 Blue Lake (Columbia County): March 1 through through November 30, catch-and-release only, single barbless ((Oetober)) July 31 season. Fishing from any floating device hooks - ((bait flFORibited)), selective fishery regulations. prohibited. Alpowa Creek: April ((26, 1992, throttgfi JttRe 30, ((Bltte Lake (PeHd Oreille Cottflt)'): Year erottnd 1992, aRd Aflril 25, 1993,)) 30 through June 30((~)) 5-ellSefr. season((s-)). Bonnie Lake: Year arottAd seasoH.)) Asotin Creek, from mouth upstream to SR129 Bridge: Browns Lake and inlet streams (Pend Oreille County): Year around season. ((ReteiRiRg steelfieed o,·er t· ... ·eRt)' Fly fishing only. April 30 through October 31 season. [ 151] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 Burbank Slough: ((Year arettAd seaseA.)) Fishing from Da·i'is Lake (PeAd Oreille CettAty): Trettt eateh limit any floating device prohibited. eight, He mere thaA twe eYer tweAt)' iAehes.)) Caldwell Lake: April 30 through October 3 I season. Davis Lake (Ferry County): April 30 through October Trout - catch limit - two ((twet')) minimum length twelve 31 season. inches. Internal combustion engines prohibited. Dayton Pond (Columbia County): ((Mareh 1 threttgh Calispell River, from mouth to Calispell Lake: Year Oeteeer 31 seaseH.)) Juveniles only (under fifteen years around season. old). From Calispell Lake upstream to source (( J.ttfte..+ Deadman Creek (Garfield County): Year around season. threttgh Oeteeer 31 seaseA. Trettt miAimttm leAgth eight iAehes; eait f!rehieited.)) Selective fishery regulations. Deep Lake (Stevens County): April 30 through October 31 season. ((Casey PeAd ('Nalla \l/alla CettAty): Year arettAd Deer Lake (Columbia County): March I through ~)) ((Oeteeer)) July 3 I season. Fishing from any floating device Carl's Lake: April 30 through October 3 I season. prohibited. Cedar Lake (Stevens County): April 30 through Deer (Deer Springs) Lake (Lincoln County): April ((~ October 31 season. 1992, threttgh Seflteftleer 30, 1992, aAd Aflril 25, 1993,)) 30 Chapman Lake: April ((26, 1992, threttgh Ne.,·emeer through September 30((~)) season((~)). 15, 1992, aAd Aflril 25, 1993,)) 30 through ((~fovemeer 15, Deer Lake (Stevens County): April 30 through October ~))October 31 season((s-)). Trout - catch limit - 3 I season. Trout (( eateh lifflit eight)), no more than two ((sixteeA)) ten, at least ((e+gftt)) five of which must be over twenty inches. kokanee. Feeding (chumming) permitted. Diamond Lake: April 30 through October 3 I season. Chewelah Creek, forks and tributaries: ((Trettt Downs Lake: April ((+)) 30 through September 30 miAimttm )eAgth eight iAehes; eait flrehieited.)) '8e)ective season. fishery regulations. ((Clear Lake: Aflril 26, 1992, threttgh Sef!temeer 30, Dry Creek (Walla Walla County): April ((26, 1992, 1992, aAd Aflril 25, 1993, threttgh Sefltemeer 30, 1993, threttgh JttAe 30, 1992, aAd Aflril 25, 1993,)) 30 through June 30((~)) season((~)). seaseAs.)) ((Eleika Lake: Year arettAd seaseA. Columbia River and impoundments and all connecting sloughs-see regulations page ... E't1aHs PeAd (AsetiA CettAty): Year arettAd seaseH.)) Colville River, from mouth to bridge at Town of Valley: Elbow Lake (Stevens County): April 30 through Year around season. October 3 I season. From Valley upstream and tributaries: ((JttAe I threttgh Ellen Lake (Ferry County): April 30 through October Oeteeer 31 seaseA. Trettt miAimttffl leAgth eight iAehes; 31 season. eait f!rehieited.)) Selective fishery regulations. Empire Lake (Ferry County): April 30 through October ((Cee)(s Lake (PeAd Oreille CettAty): Year arettAd 31 season. seaseA.)) Fan Lake: April ((26, 1992, threttgh Sefltemeer 30, Conger Pond: April 30 through October 3 I season. 1992, aAd Aflril 25, 1993,)) 30 through September 30((., Coppei Creek April ((26, 1992, threttgh J1 1Ae 30, 1992, ~)) season((~)). Internal combustion engines prohibited. aAd Aflril 25, 1993,)) 30 through June 30((, 1993,)) sea- ((Ferr~· Lal<e: Year arettAd seaseA.)) son((~)). Fishhook Pond (Walla Walla County): April 30 through Cottonwood Creek (Asotin County): Closed to ((the October 31 season. Fishing from any floating device taldAg et)) fishing for steelhead ((e\\u2022er tweAty iAehes)). prohibited. Cottonwood Creek (Lincoln County), outside city limits Fish Lake (Ferry County): April 30 through October 31 of Davenport: April ((26, 1992, threttgh Sef!temeer 30, season. 1992, aAd Aflril 25, 1993,)) 30 through September 30((., Fish Lake (Spokane County) April ((26, 1992, tffi ettgh -1993.,)) season((~)). Sef!temeer 30, 1992, aAd Af!ril 25, 1993,)) 30 through Crescent Lake (Pend Oreille County): April 30 through September 30((,+993.,)) season((~)). Internal combustion October 31 season. engines prohibited. Curl Lake: June 1 through October 31 season. Fishing Fishtrap Lake: April ((26, 1992, threttgh Sef!temeer 30, from any floating device prohibited. 1992, aAd Aflril 25, 1993,)) 30 through September 30((., ~)) season((~)). ((Cttrlew Lal(e: Year arettAd seaseA. Cttrlew PeAs (Walla Walla CettAty): Year arettAd Fourth of July Lake: December 1 through March 31 seaseA. season. Trout (( eateh limit fi'•e)), no more than two over fourteen inches. Internal combustion engines prohibited. Permanent [ 152 J Washington State Register, Issue 93-21 WSR 93-21-070 Frater Lake: April 30 through October 31 season. Kalispell Creek and tributaries: April ((2a, 1992, Garfield Juvenile Pond (Whitman County) ((¥eaF thro1 1gh Oetoeer 31, 1992, aAEI Aflril 25, 1993,)) 30 through aro1:1F1EI seasoA.)) Juveniles only (under fifteen years old). October 31((~)) season((s-)). ((Tro1:1t HtiF1iffit1ffi leAgth eight iAehes; eait flrehibiteEI.)) Selective fishery regulations. (Golf Co1 1rse PoAEI (Asotifl Co1 1nty) Year aro1 1F1EI ~)) Kettle River, from the Burlington-Northern Railroad bridge at Twin Bridges upstream to Napoleon Bridge: June Gillette Lake: April 30 through October 31 season. I through March 31 season. Walleye - catch limit - eight, Goose Creek (Lincoln County), within the city limits of no more than one over twenty inches. Only walleye less Wilbur: Limited to juveniles (under fifteen years old) and than sixteen inches or over twenty inches may be kept. holders of complimentary or free licenses only. Trout (( eateh liHtit two)), minimum length twelve inches. Grande Ronde River, from mouth to County Road From Napoleon Bridge upstream ((All trie1 1taries Bridge about two and one-half miles upstream: Year around eloseEI. J1 1F1e I thro1 1gh Oetober 31 seasoA.)) Trout ((-€ftteh season. Trout (( eateh liHtit two)), minimum length twelve liffiit two)), minimum length twelve inches; ((eait flFOhieit inches, maximum length twenty inches. Retaining steelhead ea)) selective fishery regulations. Only single pointed hooks ((over tweflt)' iAehes ifl leAgth)) is prohibited. Selective may be used. Additional season: November 1 through May fishery regulations September 1 through May 31. 31, catch-and-release only, ( (bareless hooks, bait flFOhieiteEI)) selective fishery regulations. Exception: Bait and single From County Road Bridge upstream to Oregon state line pointed barbed hook may be used for whitefish only Novem- and all tributaries: June 1 through April ((~)) 30 season. ber I through March 31. Note: Cottonwood Creek is closed to ((tile talciRg ef)) fishing for Kings Lake and tributaries: Closed waters. steelhead ((e1er lweRI)' iRelles)). Trout (( eetel! lift1il t11e)), minimum length twelve inches; selective fishery regulations Latah (Hangman) Creek: Year around season. June 1 through August 31. Only steelhead with missing adipose fins may be possessed September 1((, 1992, dH'e11gl! ApHI IS, Ledbetter Lake: April 30 through October 31 season. 1993, aRtl Seple1t11!er I, 1993,)) through April l 5((;-1-9-94)). There must be a healed scar in the location of the missing fin. Ledking Lake: April 30 through October 31 season. Granite Creek and tributaries (Pend Oreille County): Leo Lake: April 30 through October 31 season. Closed waters. Liberty Lake April ((2a, 1992, thro1 1gh Sef3teHteer 30, Harvey Creek (tributary to Sullivan Lake), from mouth 1992, aAEI Aflril 25, 1993,)) 30 through September 30((; to Bridge 4830 on county road (about one and one-half ~)) season((s-)). miles): Closed waters. Little Lost Lake (Pend Oreille County): April 30 From Bridge 4830 on county road upstream: ((ffettt- through October 31 season. HtiF1iffit1ffi leAgth eight iflehes; eait flrOhieiteEI.)) Selective Little Spokane River, from mouth to SR 291 Bridge: fishery regulations. Year around season. Hatch Lake (Stevens County): December I through From SR 291 Bridge upstream to the West Branch: March 31 season. April ((2a, 1992, thro1:1gh Oetoeer 31, 1992, aF1a Af!ril 25, Headgate Pond: April 30 through October 3 I season. ~)) 30 through October 31 ((, 1993,)) season((-s-)). Limited to juveniles (under fifteen years old) and holders of Additional December 1 through March 31 season for complimentary or free licenses. whitefish only. Heritage Lake: April 30 through October 3 I season. (West BraAeh aAa Little Sf1okaF1e River tlf!Streaffi J1 1F1e 1 thro1 1gh Oetoeer 31 seasoA.)) Hog Canyon Lake: December 1 through March 31 season. Trout (( eateh liHtit H're)), no more than two over Little Twin Lake (Stevens County): April 30 through fourteen inches. October 31 season. Horseshoe Lake (Pend Oreille County): April 30 Long Lake (Ferry County): April 30 through October through October 31 season. Trout - catch limit - ((~)) 31 season. Fly fishing only. ten, at least ((efffe)) five of which must be kokanee. Long Lake (Spokane River Reservoir): ((Year !ifOt1F1El Feeding (chumming) permitted. s-easetr.)) Bass - catch-and-release only, May 1 through June (J LiAe PoAEI (Walla Walla Co1 1F1ty) Year aro1 1F1El 30. See also Spokane River. ~)) Loon Lake: April 30 through October 31 season. Trout Huff Lake (Pend Oreille County): Closed waters. - catch limit - ((eigM)) ten, of which at least five must be kokanee, no more than two over twenty .inches. Jefferson Park Pond (Walla Walla County): April 30 through October 31 season. Juveniles only (under fifteen Lyons Park Pond (College Place): April 30 through years old). October 31 season. Juveniles only (under fifteen years old). Jump-Off Joe Lake: April 30 through October 31 (MarHtes PoAEI (FFaAkliA Co1 1F1ty) ~toYeHteer 1 ~ thfo1 1gh Mareh 31 seas0F1. FishiAg ft eHt aAy floatiAg Ele,·iee f3rohieitea.)) [ 153] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 Marshal Lake: April 30 through October 31 season. Pend Oreille River: Year around season. McDowell Lake (Stevens County): April 30 through Petit Lake: April 30 through October 31 season. October 31 season. Catch-and-release, fly fishing only((, Internal combustion engines prohibited. eareless hook)). Phalon Lake: Closed waters. Medical Lake ((Mey-+)) April 30 through ((J1 1Re 14 Phillips Lake (Stevens County): April 30 through aRd Septemeer I thro1:1gh)) September 30 season((~)). Trout October 31 season. - catch limit - ((ttHe)) two, minimum length fourteen inches. · Selective fishery regulations. Potter's Pond: April 30 through October 31 season. Medical Lake, West April ((26, 1992, thro1 1gh J1 1I)' 6, Quarry Pond (Walla Walla County) ((Mareh I thro1 1gfi 1992, aRd April 25, 1993, thro1 1gh J1 1ly 6, 1993, aHd Septem Oetober 31 seasoH.)) Fishing from any floating device .eer-+)) 30 through September 30 season((~)). prohibited . Mill Creek (Walla Walla County), from mouth to 9th St. Rainbow Lake (Columbia County): March 1 through Bridge: June I through April 15 season. Open only to ((the ((Oetoeer)) July 31 season. Fishing from any floating device takiHg of)) fishing for steelhead ((m•er tweRt)' iHehes)) from prohibited. September 1 through April 15. Wild steelhead release. (Red Lake Year aro1 1Hd seasoH.)) From 9th St. Bridge to ((Willlttf)) Roosevelt St. Bridge, Renner Lake: April 30 through October 31 season. within city limits of Walla Walla Closed ((year aro1 1Rd)) waters. Rigley Lake April ((26, 1992, thro1 1gh May 31, 1992, a Rd April 25, 1993 ,) ) 30 through ((Ma)' 31, 1993, a Rd From ((Wi+ettr)) Roosevelt St. Bridge to Oregon state September I thro1:1gfi)) October 31 season((~)). Trout - catch line ((JtJHe I thro1 1gh Oetoeer 31 seasoR.)) Trout - catch limit - ((three o,·er twelYe)) two, minimum length fourteen limit - five. inches. Selective fishery regulations. Mill Creek Reservoir ((Year aro1 1Hd seasoH.)) Internal Rocky Lake (Stevens County): April ((26, 1992, combustion engines prohibited. tfiro1:1gh Ma)' 31, 1992, aHd April 25, 1993,)) 30 through (M1 1d Lake (F'eff)' Co1 1Hty) Year aro1 1Hd seasoH.)) ((Mey)) October 31((.,-l993,)) season((~)). From June 1 through October 31 catch-and-release only, selective fishery Mill Pond: April 30 through October 31 season. regulations. Mudget Lake: April 30 through October 31 season. Roosevelt Lake (Columbia River) ((Year aro1 1Hd Muskegon Lake April 30 through October 31 season. ~)) Trout (( eateh limit fiye)), no more than two over twenty inches. Trout - closed March 1 through May 31 Mystic Lake: April 30 through October 31 season. in San Poil arm upstream from mouth of Manilla Creek. Negro Creek (Lincoln County): June 16 through March Walleye - catch limit - eight, not more than one over twenty 31 season from mouth at Sprague Lake to town of Sprague. inches. Only walleye less than sixteen inches or over twenty Negro Creek (Whitman County): April ((26, 1992, inches may be kept; closed April 1 through May 31 in thro1 1gh J1 1I)' 15, 1992, aHd April 25, 1993,)) 30 through July Spokane arm upstream from SR25 Bridge; in Kettle arm l 5((.,-l993,)) season((~)). upstream from Burlington-Northern Railroad bridge at Twin Bridges; in San Poil arm upstream from mouth of Manilla Newman Lake ((Year aro1 1Hd seasoH.)) Tiger musky - Creek. catch limit - one, minimum length thirty-six inches. Sacheen Lake: April 30 through October 31 season. Nile Lake: April 30 through October 31 season. Sherman Creek (Ferry County), from the mouth at Lake No Name Lake: April 30 through October 31 season. Roosevelt upstream to four hundred feet above the water Pampa Pond (Whitman County): April ((26, 1992, diversion dam for the hatchery: Closed waters. Exception: thro1 1gh J1 1ly 15, 1992, aHd April 25, 1993,)) 30 through From the mouth upstream to the hatchery boat dock Decem- ((J1:1ly 15, 1993,)) September 30 season((~)). Fishing from ber I through August 31 season. any floating device prohibited. (Sileot PoHd (Asotifl Co1 1Ht)') Year aro1 1Rd seasoH Parker Lake: April 30 through October 31 season. Sih•er Lake (SpokaRe Co1 1Rl)') April 26, 1992, thro1 1gfi Pataha Creek, mouth to Pomeroy city limits: Year September 30, 1992, aRd April 25, 1993, thro1:1gh Septemeer around season. 30, 1993, seasoHs. Within the city limits of Pomeroy: April ((26, 1992, Silver Lake, North April 26, 1992, thro1 1gh J1 1He 14, thro1:1gh Oetoeer 31, 1992, aHd April 25, 1993,)) 30 through 1992, aHd April 25, 1993, thro1 1gh J1 1He 14, 1993, seasoHs.)) October 31 ((, 1993,)) season((~)). Juveniles only (under Sherry Lake: April 30 through October 31 season. fifteen years old). Skookum Lake, North: April 30 through October 31 Remainder of creek(( J1 1He l thro1 1gh Oetoeer 31 ~ seaSOfl. Tro1:1t miHim1:1m leHgth eight iHehes; eait prohieit efr..)) Selective fishery regulations. Skookum Lake, South: April 30 through October 31 ~ Permanent [ 154) Washington State Register, Issue 93-21 WSR 93-21-070 Snake River: Year around season. Closed to the taking Starvation Lake: April ((26, 1992, thret1gh May 31, of all trout April I through May 3 I. Trout - catch limit - six 1992, aHEi Aflril 25, 1993,)) 30 through May 31((~)) ((e¥eF)) minimum length ten inches, no more than two over season((~)). Additional season June I through October 31, twenty inches. Retaining steelhead ((eYer twe1Hy iHekes iH catch-and-release only((. SiAgle barbless heeks bait -leftgtft)) is prohibited from June I through August 31. Wild flWhibiteEi)), selective fishery regulations. steelhead release from September I through March 31. Sullivan Creek, from Mill Pond upstream: ((Trot1t Barbless hooks required when fishing for steelhead on that A'liHiFHt1FH leHgth eight iRehes; llait j'lrehibited.)) Selective portion of the Snake River which forms the boundary fishery regulations. between Washington and Idaho. ((St1llivat1 Lake (PeRd Oreille Cet1Rt)'): Year arot1t1d Closed waters: Within four hundred feet of the base of ~)) any dam and within a four hundred foot radius around the fish ladder entrance at Lyons Ferry Hatchery, within a two Summit Lake (Stevens County): April 30 through hundred foot radius upstream of the fish ladder exit above October 3 I season. Lower Granite Dam, and within an area one thousand two Swan Lake (Ferry County): April 30 through October hundred feet downstream from the base of the west lock gate 31 season. at Little Goose Dam on the south bank of the Snake River and one hundred feet out into the river from said river bank. Thomas Lake: April 30 through October 3 I season. Note: On the mainstem Snake River between Washington and Idaho Touchet River, from mouth to Highway 12 Bridge at the license of either state is valid. The angler must be in Waitsburg: June 1 through April 15 season. Open only to compliance with the laws of the state issuing the license. This ((the takit1g ef)) fishing for steelhead ((eYer twet1ty it1ehes)) provision does not allow an angler licensed in Idaho to fish on the Washington shore, or in the sloughs or tributaries of from September 1 through April 15. Wild steelhead release. Washington. An angler fishing the Snake River is restricted to From Highway 12 Bridge at Waitsburg to Wolf Fork one daily catch limit even if licensed by both states. Bridge June l through ((A1 1g11st 31 )) April 15 season Spokane River, from the mouth at Lake Roosevelt Wild steelhead release. ((See j'lage . . . Additie11al Sej'lteFH upstream to the Seven Mile Bridge, including Long Lake, her 1 thret1gk Aj'lril 15 seaset1. Tret1t (i11elt1EiiRg steelhead) formed by Long Lake Dam (see also Long Lake): Year FHiRiFRt1FH leRgth tweRty iRehes. Wild steelhead release, see around season. Trout - catch limit · five, no more than two j'lage ... )) Open only to fishing for steelhead and brown over twenty inches. Walleye - catch limit · eight, no more trout over twenty inches September l through April 15. than one over twenty inches. Only walleye less than sixteen From Wolf Fork Bridge upstream and all tributaries: inches or over twenty inches may be kept; closed April I ((Jt1Re 1 thret1gh Oeteber 31 seaseR.)) Trout (( eateh liFHit through May 3 I. --+w&)), minimum length twelve inches((, bait j'lrehibiteEi)) From Seven Mile Bridge upstream to the Monroe Street selective fishery regulations. Dam: ((Jt1He 1 thret1gh DeeeFHber 31 seaseH.)) Year around ~ Trout - catch limit· one. Wild trout release (only Trout Lake (Ferry County): April 30 through October rainbow trout with missing adipose fins may be possessed. 31 season. There must be a healed scar in the location of the missing Tucannon River, note: All tributaries closed. Wild fin.) Selective fishery regulations. steelhead release. From Monroe Street Dam upstream to ((GreeHe Street Mouth to Highway 261 Bridge: Year around season. Bridge iH SflekaHe)) Upriver Dam: Year around season. Closed to fishing for all trout April 16 through May 31. From ((GreeHe Street BriEige iH SflekaHe)) Upriver Dam From ((-FHetttfi.)) the Highway 261 Bridge upstream to upstream to the Idaho/Washington state line: ((.J.tttte.+ Highway 12 Bridge: June 1 through August 3 I season. throt1gh Oeteber 31 seaseH.)) Trout - catch limit - one, Open only to ((the takiRg ef)) fishing for steelhead ((e¥eF minimum length 12 inches; selective fishery regulations, tweRty iRekes)) and whitefish ((SeflleFHber)) November I except motors allowed. through April 15. Sprague Lake: ((Year aret1HEi seaseH. Trot1t eateh From the Highway 12 Bridge ((te tke Little Tt1eaRReR liFHit fiYe.)) Channel catfish - catch limit - five. Bass - lffiiff)) upstream to the mouth of Cummings Creek: ((.Jttfte only bass less than twelve inches or over ((seveHteeH)) 1 threttgh Oeteber 31 seaseR.)) Open only to ((the takiRg fifteen inches may be kept. Closed waters: ((Oeteber 1 ef.)) fishing for steelhead ((ever tweRty iRekes)) and white- ~h May 31 iH tke area set1thwest ef Harj'ler IslaHEi aHEi fish November I through April 15. ((Tke TtteaRReR River flesteEi FHarkers eH skere.)) March 1 through June 30 in that is eleseEi te fishiRg freFH the FHouth ef CumFHiRgs Creek part of the lake and Cow Creek from Harper Island and ttj'lstreaFH te tke TueaRReR Hatehef)' Bridge. posted markers on the lake shore southwest to Danekas Prem the Little Tt1eaRReH Ri,·er UflStreaFH: Ju Re 1 Road. Note: The inlet stream, Negro Creek, is closed April threugk Oeteber 31 seaseR. Trot1t eatek limit I through June 15. twe, FRiniFHttFH length twelve inehes; bait flFekibiteEi.)) Spring Lake (Columbia County): March I through From the mouth of Cummings Creek upstream to a ((Oeteber)) July 31 season. Fishing from any floating device point four hundred feet upstream of the hatchery intake dam: prohibited. Closed waters. [ 155] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 From a point four hundred feet upstream of the hatchery aREI 1993), 1 1Aless Sf!eeifiee etherwise 1 1AEler Sfleeial reg1 1la intake dam to the mouth of Panjab Creek: Trout - catch tiefts.:.)) limit - five, selective fishery regulations. Only two Dolly Lawful to fish to base of all dams in Region II, excep Varden/Bull Trout over twenty inches may be retained as Zosel Dam (Okanogan River). ((See alse Cel1:1lfleia Ri'v'e part of the trout daily catch limit. reg1:1lati0Rs aREI RegieR I, SRake Ri\·er fer ether exeef!tieRs From the mouth of Panjab Creek upstream: Closed (Per Cel1:1lfleia Ri¥er reseneirs, see flage it.) Cateh, size aREI fl0SsessieR limits: The eateh lilflit fe waters. tre1 1t ea1 1ght iA either lakes er streams is aR aggregate teta Vanes Lake: April 30 through October 31 season. aREI m1:1st R0t exeeee eight. The fellewiRg Fef!reseRtS geRera eateh, size, aREI fl0SsessieR lilflits fer ga!fle fish (eefer1 Waitts Lake April ((26, 1992, thre1 1gh last Elay ef fishiRg, eheek iREli.,·i81 1al waters listeEI 1 1REler Sfleeial reg1 1la Peer1:1atj· 1993 aAEI Aflril 25, 1993,)) 30 through ((last say ef)) February ((+994)) 28 season(("S-)). tieRs fer exeefltieRs): Walla Walla River, wild steelhead release. J;l'lbY 111NlllUll (5'11!; l"ISll From mouth to the Touchet River: Year around season. SPIOEllOS 611 Ill'& 611111'& blllll'S Closed to ((the takiAg ef)) fishing for all trout April I Bll!ls ......... Fi. e through May 31 ((, frem Highway 12 Briege at Wall1:1la HBI ffleFe TeH Hel Rlere thflH three e , er thflH siit e, eF J1 1AetieA l lflStream)) wild steelhead release fif.teeH iHehes From the Touchet River upstream to state line: June I Dell)• Vftftlenl through ((A1 1g1 1st 31 )) April 15 season. ((AEIElitieAal Bttll TFe11t ..... It is 11Hlfl11 f11I te Sefltemeer l thre1:1gh Aflril 15 seaseA;)) Qpen only to ((the fish fer eF retfliH E>elly VftrtleH er 1!1111 takiAg ef)) fishing for steelhead ((e,·er tweAty iAehes)) +rettt November I through April 15. · GFflSs Cllfjl .... It is 11Hlfl11 fttl te Ward Lake (Ferry County): April 30 through October fish feF BF FelfliH 31 season. gFflSS eflffl ffl# Watson Lake: March I through ((Oeteeer)) July 31 (IHel11tliHg season. Fishing from any floating device prohibited. lteltflHee flHtl sleelheatl): Williams Lake (Spokane County) April ((26, 1992, thre1 1gh Sefltemeer 30, 1992, aAEI Aflril 25, 1993 ,)) 30 All Wflters iH Fi 1 e, ef "hieh P.leHe 0He eftteh lifflit AtlflfflS, FFBHIEiiH, Hel RIBre thfll'I through September 30((,-l993,)) season(("S-)). fll'ltl (iH fttltlitieH flHtl GFBAt t .ve RIB) Ile e , eF 1\1 e sieelhefttl e , e Williams Lake (Stevens County): December I through ee11Hties t n el. e iHehes I 11 eHI) iHehes March 31 season. if lalteH fFeffl · ri 1 ers, slreflfflS, Yokum Lake: April 30 through October 31 season. fll'ltl Befl''er flel'ltlS Region II. Description: That area of the state contained within the All 11flters iH eight, ef whieh 0He eftteh lifflit boundaries of Adams, Douglas, Franklin, Grant, and Het ffleFe thBl'I fll'ltl (il'I fltltlitieH Olcfll'legfll'I t" e Rift) Ile e , eF 1\1 e steelhefttl e'>"e Okanogan counties. ee11Hties t n"el 1•e iHehes All state-wide ((aAEI RegieA II)) regulations ((fgi-Yett if 1alceH fFeffl ~)) apply to all Region II waters unless specifically ri I ers, SIFeflfflS, exempted or amended by ((~)) exceptions - Region II fll'ltl Befl 1 eF fleHtlS regulations (listed for separate waters and categories of Wftlle)e ...... Fi 1e 6ighteeH TeH Het Rlere waters). iHehes thflH tne e1eF When fishing or hunting within the boundaries of the t nel'lt) fet1F fftehe!t Colville Indian Reservation, contact the office of the Colville Confederated Tribes to find out what tribal permits and Whitefish ..... Fif.teeH 0He eftteh lifflit regulations apply. Ml-ether ((RegieA H reg1:1latieAs. OfleR seaseAs: gll!fle fish ..... P.le lifflil P.le lifflit P.lete. All n lllt!FS llftl elesetl ) el!f &f8t1Htl le the laltiHg ef E>ell) Vl!ftletl/ Bttllfregs ..... TeH P.leHe 0He eftteh lifflit *P.lete: WheH fishiHg with Bflit, flll tFe11t eEjt1fll te er gFeater thflH th R1iHifflt1fl'I siie aFe ee11Htetl flS jlflrt ef the tlflil) eftteh lifl'li All waters iR AElams, PraAkliA, aREI GraRt ee1:1Aties: whether lcefll er releflSetl. Steelhefltl fl'lfl)' Ile eft11gh1 fll'ltl releflSe Year are1 1REI se~eR, 1 1Aless SfleeifieEI etherwise 1 1AEler Sfleeial "hile 11siHg Bflil t1Htil the tlflil) eflteh lifflit is relfliHetl. Wher reg1:1lati0Rs. 11se ef eait is flrehieitetl ey Sfleeifll reg11latieHs, er n her Lakes, fl0Res, aRe reserveirs iR D01:1glas aREI OkaAegaR flffifieial l11Fes er !lies fire 11setl , el11Htfll'il), fish fl'lfl) Ile releflSe ee1 1Aties Aflril 26, 1992, thr01 1gh Oeteeer 31, 1992, aAEI t1Htil 1he tlflil) eftteh limi1 is retfliHetl. If llft) fish hflS s .. alle" e lhe heeh er is heelcetl iH the gill, B) e er leHg11e, ii she11ltl e Aflril 25, 1993, thr01 1gh Oeteeer 31, 1993, 1 1Aless Sfleeifiee lcefll if legfll te tie se. etherwise 1 1Aeer Sfleeial reg1 1lati0Rs . Rivers, streams, aREI eeaYer f!eRSS iR De1:1glas aREI ~)) Exceptions - Region II Regulations. ((Regtei OlcaAegaR ee1 1Aties J1 1Re l thre1 1gh Oeteeer 31 (eeth, 1992 II. Basie)) .§.tate-wide ((aREI regi0R1tl)) regulations apply t1 Permanent [ 156] Washington State Register, Issue 93-21 WSR 93-21-070 all waters except where modified in special regulations Chewuch River (Chewack River) (Okanogan County), below. from mouth to Lake Creek: Trout (( eeteh liFRit twe)), Note: All seasons apply to inlet and outlet streams of named lakes in minimum length twelve inches. ((Bait flFehieiteEI. Wi!EI Grant and Adams counties. steelheaEI release.)) Selective fishery regulations. Additional December 1 through March 31 season for whitefish only. Aeneas Lake (Okanogan County) ((Tr01 1t eeteh lifflit -4i-Ye-:-)) April 30 through October 31 season. Fly fishing Chopaka Lake (Okanogan County): April 30 through only((, eereless heek)). October 31 season. Trout - catch limit - one. Fly fishing only((, eereless heek)), Alta Lake (Okanogan County) April ((26, 1992, thr01 1gh J1 1ly 31, 1992, BREI Aflril 25, 1993,)) 30 through Cliff Lake (Grant County): March 1 through July 31 ((J1:1ly 31, 1993,)) September 30 season((~)). season. (BeRks Lake (GreRt C01 1Rty) Tre1 1t eetek lifflit Columbia River and impoundments and all connecting etgfir.)) sloughs - see regulations, page ... Big Twin Lake (Okanogan County): April 30 through Conconully Lake (Okanogan County): April 30 through October 31 season. Trout - catch limit - one; selective October 31 season. fishery regulations. Conconully Reservoir (Okanogan County): April 30 (Billy CIBflfl Lake (GreRt C01 1Rty) Tr01 1t eeteh lifflit through October 31 season. ~ Coot Lake (Grant County): March 1 through July 31 Bleek PiRe Lelce (OkeRegeR C01 1Rty) Year er01 1REI season. ~)) Cougar Lake (near Winthrop - Okanogan County): Blue Lake (Grant County) April ((26, 1992, tkre1 1gh September 1 through ((last Ela)' ef Feer1:1ary)) March 31 SeflteFReer 30, 1992, eREI Aflril 25, 1993,)) 30 through season. September 30((,-+993,)) season((~)). ((Tre1:1t eeteh liFRit Cow Lake (Adams County): Channel catfish - catch etghr.)) limit - five. Bass - only bass less than twelve inches or over Blue Lake (Sinlahekin, Washington - Okanogan Coun- ((seYeRteeR)) fifteen inches may be kept. ty): April 30 through October 31 season. Trout - catch Coyote Creek Ponds (Adams County): March l through limit - one; selective fishery regulations, except electric ((Sef!teff!eer 30)) July 31 season. motors allowed. Crab Creek, from Morgan Lake Road to Goose Lake Blue Lake (near Wannacut Lake - Okanogan County): Road (excluding Marsh Unit II impoundments): March 1 April 30 through October 31 season. Trout - catch limit - through July 31 season. Trout - catch limit - five. Fishing one; selective fishery regulations, except electric motors from any floating device prohibited. allowed. From Goose Lake Road to O'Sullivan Dam (excluding Bobcat Creek Ponds (Grant County): March 1 through Marsh Unit I off-stream impoundments): June 15 through ((Seflteffleer 30)) July 31 season. September 30 season. Trout - catch limit - five. Fishing Bonaparte Lake (Okanogan County) ((Year are1 1REI from any floating device prohibited. ~)) Trout (( eateh lifflit eight)), no more than one (CFt Jff!eaeher Lake (OkaRegaH C01 1Rty) Aflril 26, over twenty inches. 1992, tkre1 1gk J1 1l)' 31, 1992, aRa Aflril 25, 1993, thr01 1gh (B1 1ek Lake (OkaRegaR C01 1Rty) Year ere1 1REI seaseR.)) J1:1ly 31, 1993, seaseRs.)) Burke Lake (Grant County): March l through July 31 Crawfish Lake (Okanogan County): April 30 through season. October 31 season. (B1 1zzarEI Lake (OkeRegaR "C01 1Rt)·) Year ar01 1REI Crystal Lake (Grant County): March 1 through July 31 ~)) season. Caliche Lake (lower) (Grant County): March l through Cup Lake (Grant County): March 1 through July 31 July 31 season. season. Caliche Lake (upper) (Grant County): March 1 through Davis Lake (Okanogan County): September 1 through July 31 season. (last Eley ef Feer1 1ary)) March 31 season. ((Tre1 1t eateh lifflit fiYe.)) Campbell Lake (Okanogan County): September 1 through ((last Eley ef Feer1:1BF)')) March 31 season. Deadman Lake (Adams County): March 1 through ((Sef!teff!eer 30)) July 31 season. Cascade Lake (Grant County): March 1 through July 31 season. Deep Lake (Grant County) April ((26. 1992, thre1 1gh Seflteffleer 30, 1992. aREI Ai iril 25, 1993,)) 30 through Cattail Lake (Grant County): March 1 through July 31 September 30((,-+993,)) season((~)). ((Tr01:1t eateh lifflit season. ~ Dieele Lake (OkaRegeR C01 1Rty) Year are1 1REI seaseR.)) [ 157] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 Dollar Lake (Grant County): March 1 through July 31 Hutchinson Lake (Adams County): March 1 throug~ season. ((.Sertemeer 30)) July 31 season. Internal combustior engines prohibited. Dot Lake (Grant County): March I through July 31 season. Indian Dan Pond: July 1 through October 31 season. Dry Falls Lake: April ((26, 1992, throligh NoYemeer Jameson Lake (Douglas County): April ((26, 1992,)) 3C 30, 1992, aRs Arri! 25, 1993,)) 30 through (CNoYemeer 30, through July 4((, 1992, aRS Arri) 25, 1993, throligh Jlil)' 4. .J-993.;)) October 31 season((-&)). Trout - catch limit - one. +993,)) and October I through October 31 seasons . Selective fishery regulations. Jasmine Creek: Juveniles only (under fifteen years old) ((Dliek Lake, iRel\iSiRg asjaeeRt Fry Lake (OlcaRogaR Lake Creek, upstream from Pasayten Wildernes~ ColiRt)'): Year aro\iRS seasoH.)) boundary: June 1 through August 31 season. ((Tfettt-- Dusty Lake (Grant County): March 1 through ((Sev- miHimlim leRgth eight iRehes. Bait rrohieites.)) Selective temeer 30)) July 31 season. fishery regulations. Ell Lake (Okanogan County): April 30 through October Leader Lake (Okanogan County): April 30 througt 31 season. Trout - catch limit - one. Selective fishery October 31 season. regulations. Lemna Lake (Grant County): March I through July 31 Finnel Lake (Adams County): Channel catfish - catch season. limit - five. Bass - only bass less than twelve inches or over Lenice Lake April ((26, 1992, thro1 1gh Oetoeer 3L ((seYeHteeR)) fifteen inches may be kept. 1992, aHs Arri! 25, 1993,)) 30 through October 31((~); Fish Lake (Okanogan County): April ((26, 1992, season((-&)). Trout - catch limit - one. Selective fishery throligh llily 31, 1992, aRS Arri! 25, 1993,)) 30 through regulations. ((JMI)' 31, 1993,)) September 30 season((-&)). Lenore Lake (Grant County) Closed December I Fourth of July Lake (Adams County): December 1 through ((last say of)) February 28. March I through May through March 31 season. Trout (( eateh limit fiye)), no 31 season. Catch-and-release only, selective fishery regula- more than two over fourteen inches. Internal combustion tions, except electric motors allowed. June 1 through engines prohibited. November 30 season. Trout - catch limit - one. Selective fishery regulations, except electric motors allowed. Closed Gadwall Lake (Grant County): March 1 through July waters: Area within two hundred yard radius of trash rack 31 season. leading to the irrigation pumping station (south end of lake) George Lake (Grant County): March 1 through July 31 and area approximately one hundred yards beyond the mouth season. of inlet stream to State Highway 17. Gold Creek (Okanogan County), from mouth to Foggy Little Twin Lake: December I through ((Mey)) March Dew Creek: ((Trolit miRimlim leRgth eight iRehes. Bait 31 season. ((Trolit eateh limit fiYe.)) rrohieites.)) Selective fishery regulations. Long Lake (Okanogan County): April ((26, 1992,)) 3C Green Lake (Okanogan County): ((Oetoeer)) December through ((Jl lly 31, 1992, aHs Arril 25, 1993, thro1 1gh J1 1l)' 1 through ((Arri! 30)) March 31 season. ((Trolit eateh 31, 1993,)) September 30 season((-&)). ((Tro1:1t eatek limit limit fiYe.)) -ft.ye,.)) Green Lake, lower (Okanogan County): ((Oete6er)) Lost River (Okanogan County): From one-quarter mile December 1 through ((Arri! 30)) March 31 season. ((-Trett+ above bridge to ((Pasa)·teR Wilserness eo1:1Rsary)) mouth of eateh limit )) five. Monument Creek: Trout (( eateh limit t'•'t'O)), minimum Grimes Lake: June 1 through August 31 season. Trout length twelve inches. ((Bait rrohieites.)) Selective fishery regulations. - catch limit - one. Selective fishery regulations, except electric motors allowed. (LymaR Lake (OkaRogaR Co1 1Rt)') Year aro\iRd seft5efr.)) Hallin Lake (Adams County): Channel catfish - catch limit - five. Bass - only bass less than twelve inches or over From mouth of Drake Creek to outlet of Cougar Lake: ((se·,·eRteeR)) fifteen inches may be kept. Trout and Dolly Varden/Bull Trout - catch limit - two, minimum length fourteen inches. Selective fishery regula- Hampton Lake, lower (Grant County): March 1 through July 31 season. Internal combustion engines prohibited. tions. Hampton Lake, upper (Grant County): March 1 through Marie Lake (Hampton Sloughs) (Grant County): March 1 through July 31 season. July 31 season. Internal combustion engines prohibited. Martha Lake (Grant County): March 1 through July 31 Hays Creek and Ponds (Adams County): March I through ((.Sertemeer 30)) July 31 season. season. Merry Lake April ((26, 1992. thro1 1gh Oetoeer 31, Hourglass Lake (Grant County): March 1 through July 31 season. 1992, aHs Arri! 25, 1993,)) 30 through October 31((~)) Permanent [ 158] Washington State Register, Issue 93-21 WSR 93-21-070 season((s-)). Trout - catch limit - one. Selective fishery seaseA Oeteber I thro1:1gi'I Oeteber 31, eatei'I aRd release regulations. eRly, siRgle barbless i'leek bait prei'libited.)) Methow River, from mouth (railroad bridge) upstream Patterson Lake: April 30 through October 31 season. to second powerline crossing (approximately one mile): Pearrygin Lake (Okanogan County): April ((20, 1992, June 1 through March 31 season. Trout (( eateh limit thre1 1gh 11 lly 31, 1992, aAd April 25, 1993,)) 30 through t-we)), minimum length twelve inches. Wild steelhead ((J1:1ly 31, 1993,)) September 30 season((s-)). release. Perch Lake April ((26, 1992, thre1 1gh September 30, From second powerline crossing above railroad bridge 1992, aAd April 25, 1993,)) 30 through September 30((, (approximately one mile) upstream to mouth of Lost River: +993,)) season((s. Tre1:1t eatei'I limit eight)). June 1 through March 31 season. Wild steelhead release. Trout (( eateh limit t·.ve)), minimum length twelve inches; Pillar Lake (Grant County): March 1 through July 31 ((bait prehibited)) selective fishery regulations June I season. through September 30. ((Wild steelhead release.)) Poacher Lake (Grant County): March 1 through July 31 Migraine Lake (Grant County): March 1 through July season. 31 season. Potholes Reservoir ((Year are1 1Ad seaseR.)) Crappie Mirror Lake April ((20, 1992, ti'lre1 1gh September 30, and bluegill - catch limit - twenty-five (species combined). 1992, aRd April 25, 1993,)) 30 through September 30((, Proctor Lake (Okanogan County): Trout - catch limit - +993,)) season((s. Tr01:1t eatei'I limit eight. one. Selective fishery regulations. MeeeasiR Lake (OkaRegaR C01 1Rt;·) Tro1 1t eateh limit Quail Lake ((Marei'I I thf01 1gh September 30 seaseA.)) fj,·e. Fl;· fisi'liRg eRI)', barbless i'leek. Catch-and-release((~)). fly fishing only((, barbless MelseR Lake (OkaRegaR C01 1Rt;·) Year aro1 1Rd heelf)). -seasett)). Quincy Lake (Grant County): March 1 through July 31 Moran Slough (including inlet and outlet streams): season. Closed water. Rat Lake (Okanogan County): ((Ne,•ember)) December Moses Lake: Crappie - catch limit - five. Only crappie I through ((May)) March 31 season. more than ten inches long may be kept. Bluegill - catch Ringold Springs Creek (Hatchery Creek): Closed limit - five. Only bluegill more than eight inches long may waters. be kept. (Reek IslaRd PeRds (De1 1glas C01 1At;·) Year ar01 1Rd North Potholes Reserve Ponds (Grant County): Febru- settSefr.)) ary 1 through October 10 season. Fishing from any floating device prohibited, except float tubes permitted. Rocky Ford Creek and Ponds (Grant County): Trout - catch limit - one. Fly fishing only((, barbless heek)). Nunnally Lake: April ((20, 1992, ti'lrcmgi'I Oeteber 31, Fishing from bank only (no wading). 1992, aAd April 25, 1993,)) 30 through October 31((~)) season((s-)). Trout - catch limit - one. Selective fishery Roosevelt Lake (Columbia River) (Grant County): See regulations. Closed waters: Outlet stream of Nunnally Region I. Lake. Round Lake (Okanogan County): April ((20, 1992, Okanogan River (Okanogan County): Year around ti'lre1 1gi'I 11 lly 31, 1992, eRd April 25, 1993,)) 30 through season. Wild steelhead release. Closed waters: From Zosel (11 lly 31, 1993,)) September 30 season((s. Tre1 1t eatei'I Dam downstream one-quarter mile below the railroad trestle. limit fi,·e)). (Ose;·ees Lake (OkaAegaA C01 1Aty) Year are1 1Ad Royal Lake (Adams County) April ((20, 1992, thre1 1gh 5eft56ft;)) . September 30, 1992, aRd April 25, 1993,)) 30 through September 30((,...+99;,)) season((s-)). Internal combustion Palmer Lake (Okanogan County) ((Year are1 1Ad engines prohibited. 5eft56fr.)) Bass - only bass less than twelve inches or over ((se·,·eAteeA)) fifteen inches may be kept. Set lines may be Royal Slough (including Marsh Unit IV impoundments): used for burbot. An angler may use no more than one set Closed waters. line having attached thereto any number of hooks. Set lines Rufus Woods Lake (Douglas County) ((Year ar01 1Hd must be clearly identified with the angler's name and seasetr.)) Trout (including kokanee) - catch limit - two. address. Saddle Mountain Lake: Closed waters. Para-Juvenile Lake: March I through July 31 season. ((Trm1t eatei'I limit fiYe.)) Juveniles only (under fifteen Sago Lake (Grant County): March I through July 31 years old). season. Park Lake April ((20, 1992, thre1 1gh September 30, Salmon Creek, North Fork ((Tr01 1t miHim1:1m leAgth 1992, aAd April 25, 1993,)) 30 through September 30((, eigi'lt iHei'les. Bait prehil:lited.)) Selective fishery regulations. ~)) season((s-)). ((Tre1:1t eateh limit eight. AdditieAal [ 159] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 Salmon Creek, West Fork, from mouth to South Fork: September 30((, 1993,)) season((s. Trettt eateh limit ((Trettt miHimttm leHgth eight iHehes. Bait 13rehieiteEI.)) eight)). Selective fishery regulations. Wannacut Lake (Okanogan County): April 30 through Scabrock Lake (Grant County): March 1 through July October 31 season. 31 season. Warden Lake (Grant County): March I through July 31 Shiner Lake (Adams County): March I through season. ((Se13temeer 30)) July 31 season. Internal combustion Warden Lake, South (Grant County): March 1 through engines prohibited. July 31 season. Shoveler Lake: March 1 through July 31 season. Washburn Island Pond (Okanogan County): April I ((SiElley Lake: Year arettHEI seaseft. Trettt eateh limit through September 30 season. Bass - only bass less than 12 three.)) inches or over ((seveftteeft)) fifteen inches may be kept. Internal combustion engines prohibited. Similkameen River (Okanogan County) from mouth to Enloe Dam: June 1 through March 31 season. Wild ((Wells PeHEls (OkaHegaft Cettftty): Year arettHEI steelhead release. Trout (( eateh limit twe)), minimum ~)) length twelve inches. ((Bait 13rehieiteEI)) Selective fishery Whitestone Lake (Okanogan County): ((Year arettftEI regulations June 1 through September 30. ((WilEI steelheaEI ~)) Bass - only bass less than twelve inches or over release.)) ((se\'eftteeft)) fifteen inches may be kept. From Enloe Dam to Canadian border: Additional Widgeon Lake (Grant County): March 1 through July December 1 through March 31 season for whitefish only. 31 season. Sinlahekin Creek (Okanogan County), from Palmer Lake Region III. to Cecile Creek bridge: June 1 through August 31 season. Description: That area of the state contained within the ((Trettt miHimttm leHgth eight iHehes. Bait 13rehieiteEI.)) boundaries of Benton, Chelan, Kittitas, and Yakima counties. Selective fishery regulations. Additional December 1 All state-wide ((aHEI Regieft III)) regulations ((fgtYeft through March 31 season for whitefish only. ~)) apply to all Region III waters unless specifically Snake River: See Region I. exempted or amended by ((~)) Exceptions - Region III regulations (listed for separate waters and categories of Snipe Lake (Grant County): March 1 through July 31 waters). season. When fishing or hunting within the boundaries of the Spectacle Lake (Okanogan County): ((A13ril 26, 1992, Yakima Indian Reservation contact the Office of the Confed- threttgh Jttl)' 31, 1992, a REI A13ril 25, 1993 ,) ) March 1 erated Tribes and Bands of the Yakima Indian Nation. through July 31 ((.,-1-993,)) season((~)). Possession of fish Phone to find out what tribal permits and regulations apply. other than trout is prohibited. Waters open under tribal regulations are also open under Sprague Lake: ((Year arettHEI seaseft. Trettt eateh state regulations. limit five.)) Channel catfish - catch limit - five. Bass - ((Regieft III regttlatieHs. 013eH seaseHs: only bass less than twelve inches or over ((seveftteeft)) ~late: All .. aters are elesetl )ear are11Htl te the t&lciRg ef Dell) Vattlelll fifteen inches may be kept. Closed waters: ((Oeteeer I e11ll tre11t !IRS grft[lS earir. threttgh Ma)' 31 iH the area settthwest ef Haft3er IslaHEI aHEI Lakes, 13eHEls, aHEI resen·eirs A13ril 26, 1992, thr01 1gh 13esteEI markers eft shere.)) March I through June 30 in that Oeteeer 31, 1992, aHEI A13ril 25, 1993, threttgh Oeteeer 31, part of the lake and Cow Creek from Harper Island and 1993, ttHless s13eeifieEI etherwise ttHEler s13eeial regttlatieHs posted markers on lake shore southwest to Danekas Road. aft El exee13t )) In Benton County Rivers, Streams and Note: The inlet stream, Negro Creek, is closed April I Beaver Ponds: Year around((, aHEI all waters l)•iftg 1+'t'ithift through June 15. the fellewiftg eettAElaries: Reza CaAal startiAg at Terraee Spring Lakes (near Quincy((, WashiHgteft)) - Grant Heights Dfii,·e, easterly te the Yakima!Beftteft CettHty liAe, County): March I through July 31 season. smith aleAg that liAe te the Yakima Ri,·er, westerly aleAg the Yakima RiYer te Terrnee Heights Dri•t'e: Year arettHEI)). ((Sttllivaft PeHEI (OlrnHegaH CettHty): Year arettftEI ((Ri,·ers, streams, aHEI eea,·er 13eAEls: JttAe I threttgh seaseft. Oeteeer 31 (eeth 1992 aHEI 1993), ttAless s13eeifieEI etherwise Sttmmit Lal(e (OkaHegaft CettHty): Year arettHEI ttAEler s13eeial reg11latieAs aHEI exee13t: IA BeAteA Cettftty: seaseft.)) Year arettHEI. (See s13eeial regttlatiefts fer Yakima aAEI Celttmeia rivers.) Twisp River (Okanogan County), from mouth to War Cateh, size, aHEI 13essessieA limits: The eateh limit fer Creek: Trout (( eateh limit twe)), minimum length twelve trettt ea11ght iH either lakes er streams is aA aggregate tetal inches. ((Bait 13rehieiteEI. WilEI steelheaEI release.)) Selective aAEI mttst ftet exeeeEI eight. The fellewiAg re13reseftts gefteral fishery regulations. eateh, size, aHEI vessessieH limits fer game fish (eefere Vic Meyers (Rainbow) Lake: April ((26, 1992, threttgh fishiAg, eheek iAEliYiElttal waters listeEI ttHEler sveeial regttla Se13temeer 30, 1992, aHEI A13ril 25, 1993,)) 30 through tieAs fer exee13tieAs): Permanent I 160 I Washington State Register, Issue 93-21 WSR 93-21-070 Elo•lbY Pll~lll IHI! Buckskin Creek and Tributaries (Yakima County), from CMllO 1'1611 CATCll P9SSIOSSl9N the west boundary of Suntides Golf Course to its mouth: SPIOCIEie bllllTS Closed waters. Bass ......... Fi• e 11et 1t1Bre J>IB11e Te11 HBI lflBfe Bumping Lake (Reservoir) ((YeaF aFOl lfld seasoR.)) tha11 thfee ever tl!a11 siit B\'ef f:iftee11 i11ehes Kokanee catch limit - ((thirt)' three)) sixteen. Feeding (chumming) permitted. Delly Vaffietll Bttll Tfettt ..... It is t111la ..fttl te Bumping River, from mouth to American River: f:ish fer er retai11 (Tro1 1t fflifliffll lffl leRgth eight iRehes; eait flFOhieited.)) Dell) VMtle11 Bf llttll ffet* Selective fishery regulations. Additional December I through March 31 season for whitefish only. Crass Cltffl .... It is t111lawful te f:ish fef Bf fetai II From mouth of American River to Bumping Reservoir: gfasS etiFJ! Lawful to fish to base of Bumping Dam. Additional Kelca11ee* ..... E:ight J>le11e 011e eateh li1t1it December I through March 31 season for whitefish only. Tfettt*" ....... E:ight, ef "''Riek J>le11e 011e eateh li1t1it (B)'FOFI PoRd A1 1g1 1st l thro1 1gh OetoeeF 31 seasoR.)) (111elt1Eli11g 11et 1t1ere tlta11 a11tl (i11 atltlitie11) steelheatl) t" B lfltt) Ile e • ef t.,,.e steelheaEI e , ef Cashmere Pond: Juveniles only (under fifteen years '"'el. e i11eltes t "e11ty i11ehes old). if taltell ffBlfl ri • efS, SlrettlflS, Chelan Hatchery Creek: Year around season. Juveniles a11tl Ilea• ef J!BHtls only (under fifteen years old). Walle) e ...... Fi "e E:ightee11 Te11 11et 1t1efe Chelan Lake ((YeaF aro1 1F1d seasoR.)) Trout - catch i11ehes tha11 t .. e eoef t .. ellt) fettf limit - two, minimum length fifteen inches and kokanee - ffiefte!t catch limit - five, no minimum length. Except closed season Whitef:ish ..... Fiftee11 J>le11e 011e eateh li1t1it April I through June 30, north (uplake) of a line between Purple Point (at Stehekin) and Painted Rocks, and within Ml-etfteF four hundred feet of the mouths of all other tributaries ga1t1e f:ish ..... Ne li1t1it J>le11e J>IB li1t1it uplake from Fields Point. An angler may use one set line Bttllffegs ..... Te11 011e eateh li1t1it with any number of hooks for burbot. Set lines must be *J>lete: 'A'he11 f:ishi11g "ith llait, all trettt etjttal tB Bf greater tha11 the clearly identified with the angle;'s name and address. 1t1i11i1t1t11t1 si;o:e are eet111tetl as J!art ef the tlail) eateh lifllit Except east (downlake) of Fields Point from May 15 through "hethef lteJ!I er release!!. Steelheatl 1t1a) Ile eattght anti release!! "!tile 11si11g llait t111til the tlail) eateh lifllit is retai11etl. Where eight)), minimum September 30: Trout (( eateh lifflit ttse ef Ila it is J!rehillitetl ll) SJ!eeial regt1latiB11s, BF "here length eight inches, not more than two over fifteen inches llffif ieial lttres ef flies life ttsetl , elt111taril), f ish fflll) Ile release!! and kokanee - catch limit - five, no minimum length. t111til the tlail)• eateh lil!Ht is fetai11etl. If BH) f:ish hfl1l s" alle "et! the heelt er is heeltetl i11 the gill, e) e er te11gt1e, it shettltl Ile Chelan Lake Tributaries from mouths upstream one mile lteJ!I if legal te tie se. except Stehekin River: July I through October 31 season. 8fleeial Feg1:1lati0Rs. RegioR III. Basie)) Exceptions - (Tro1 1t fflifliffll lffl leRgth eight iRehes; eait flFOhieited.)) Region III Regulations. State-wide ((aRd FegioRal)) regula- Selective fishery regulations. tions apply to all waters except where modified in special Chelan River: Year around season. Trout ((--e&teft regulations below. lifflit two)), minimum length twelve inches. American River, from mouth to Rainier Fork (( ttettt Chiwaukum Creek, from mouth to South Fork (( ttettt fflifliffll lffl leflgth eight iflehes; eait flFOhieited.)) Selective fflifliffll:lffl leflgth eight iflehes; eait flrohieited.)) Selective fishery regulations. Bachelor Creek: Year around season. Trout - catch Chiwawa River, from mouth to Rock Creek: ((ffettt- limit - five, no minimum length. fflifliffl1:1FF1 leRgth eight iflehes; sait flFOhisited.)) Selective fishery regulations. Beehive (Lake) Reservoir April ((28, 1992, thro1 1gh J1 1I)' 4, 1992, aRd Aflril 25, 1993,)) 30 through ((.J.ttty--4; Clear Lake (Chelan County) April ((28, 1992, thro1 1gh +9-9-3,)) October 31 season((5-)). From July 5 through J1:1l)' 4, 1992, aRd Aflril 25, 1993,)) 30 through ((.J.ttty--4; October 31 catch-and-release, selective fishery regulations. +9-9-3,)) October 31 season((5-)). From July 5 through October 31 catch-and-release, selective fishery regulations. (Bergl1 1Rd Lake Year aro1 1F1d seasoR.)) Cle Elum Lake (Reservoir) ((Year aro1 1F1d seasoR.)) Black Lake (Lower Wheeler Reservoir) April ((Ur, 1992, thF01 1gh J1 1I)' 4, 1992, af!d Aflril 25, 1993,)) 30 through Trout - catch limit - two, minimum length twelve inches. Kokanee catch limit - sixteen. An angler may use one set ((J1:1I)' 4, 1993,)) October 31 season((5-)). From July 5 line with any number of hooks for burbot. Set lines must be through October 31 catch-and-release, selective fishery clearly identified with the angler's name and address. regulations. Cle Elum River, from mouth to Cle Elum Dam: Lawful Box Canyon Creek, from mouth to bridge on USFS to fish to base of Cle Elum Dam. Additional December 1 Road No. 4930 (approximately four miles): Closed waters. through March 31 season for whitefish only. [ 161 l Permanent WSR 93-21-070 Washington State Register, Issue 93-21 Columbia Park Pond: ((Yesr sro11Rd sessoR.)) Juve- Leech Lake (White Pass area): Trout (( esteh limit niles only (under fifteen years old). · etgfit)), no more than two over twelve inches, fly fishing only. Columbia River and impoundments and all connecting sloughs - see Columbia River regulations page ... Lilly Lake (Chelan County) April ((28, 1992, thro1 1gh ((Dry Lske (Resr Roses Lske): Yesr sro11Rd sessoR.)) J1:1ly 4, 1992, sRd AfJril 25, 1993,)) 30 through ((.J.ttty-4; ~)) October 31 season((~)). From July 5 through Eightmile Lake: Trout - catch limit - five, not more October 31 catch-and-release, selective fishery regulations. than two mackinaw. Little Naches River, Pileup Creek to Road 1913 Bridge: North Elton Ponds: ((Yesr sro11Rd sessoR.)) December (TFOl lt miRim1 1m leRgth eight iRehes; B!lit fJFOhisited.)) 1 th~ March 31 season. Trout - catch limit - two. Selective fishery regulations. Internal combustion engines prohibited. Little Wenatchee River, from Lake Wenatchee to the Enchantment Park Ponds: Juveniles only (under fifteen falls below U.S. Forest Service Road 6700 Bridge at years old). Riverside Campground ((Tro1 1t miRim1:1m leRgth eight Entiat River, from mouth to Fox Creek: June 1 through iRehes; ssit fJFOhisited.)) Selective fishery regulations. March 31 season. Trout (( esteh limit two)), minimum Mad River, from Pine Flat Campground upstream to length twelve inches; ((0sit fJrohisited)) selective fishery Jimmy Creek: ((Tro11t miRim1:1m leRgth eight iRehes; ssit regulations June 1 through November 30. Wild steelhead fJFohisited.)) Selective fishery regulations. release. McCabe Pond: ((Eight)) Five fish catch limit for all Fiorito Lakes: Internal combustion engines prohibited. species combined. Fishing from any floating device prohib- Fish Lake (Chelan County): ((Yesr sro11Rd sessoR.)) ited. Trout (( esteh limit fiye)), no more than two over fifteen Mercer Creek, that portion within Ellensburg city limits: inches. Juveniles only (under fifteen years old). Trout - catch limit - five, no minimum length. ((Freewsy Lske: See Rotsr)' Lske.)) Gold Creek, ((from mo1 1th to WilderRess Bo1 1Rdsry)) Merritt Lake: Trout - catch limit - sixteen. Gold Creek Pond and Outlet Channel (tributary to Keechelus Mineral Creek (tributary to upper Kachess River) from Lake): Closed waters. mouth to Wilderness Boundary: Closed waters. 1-82 Ponds (1-7): Internal combustion engines prohibit- Mud Lake: Trout - catch limit - two. Selective fishery ed. In addition, 1-82 Ponds (1-2) closed to the taking of regulations. walleye. Myron Lake ((Yesr sro1 1Rd sessoR.)) Trout - catch Icicle Creek (River), from mouth to four hundred feet limit - two. Selective fishery regulations. below Leavenworth National Fish Hatchery rack: June I through March 31 season. Trout (( esteh limit two)), Naches River, from the mouth to Rattlesnake Creek: minimum length twelve inches. Wild steelhead release. (J1 1Re I thro11gh Msreh 31 sessoR.)) Trout (((iRel1 1diRg steelhesd) esteh limit two)), minimum length twelve From Rock Island Bridge upstream to Leland Creek: inches, ((Ro more thsR ORe oYer t·weRty iRehes. Wild (Tro1 1t miRim1 1m leRgth eight iRehes; B!lit fJrOhisited.)) steelhesd relesse)) maximum length twenty inches. Closed Selective fishery regulations. to fishing for steelhead. Additional December 1 through Indian Creek (Yakima County): Closed waters. March 31 season for whitefish only. From Rattlesnake Creek to Little Naches River: ((.Jtffie Kachess Lake (Reservoir) ((Yesr sro1 1Rd sessoR.)) Trout - catch limit - two, minimum length twelve inches. I thro1:1gh ~fo;·emser 30 sessoR. Wild steelhesd relesse. Kokanee catch limit - sixteen. Feeding (chumming) permit- 8teelhesd OYer tweRt)' iRehes esteh limit oRe.)) Trout, ted. An angler may use one set line with any number of maximum length twenty inches. Closed to fishing for hooks for burbot. Set lines must be clearly identified with steelhead. Additional December I through March 31 season the angler's name and address. for whitefish only. Kachess River: Lawful to fish to base of Kachess Dam. Naneum Pond: Juveniles only (under fifteen years old). From Kachess Lake (Reservoir) upstream to Mineral Creek: Nason Creek, from the Kahler Creek Bridge (near Coles Closed waters. Corner) upstream to Stevens Creek ((Tro1 1t m1RIFRllFR Keechelus Lake (Reservoir) ((Yesr sro1 1Rd sessoR.)) leRgth eight iRehes; ssit fJFOhisited.)) Selective fishery regulations. Trout - catch limit - two, minimum length twelve inches. Kokanee catch limit - sixteen. Feeding (chumming) permit- Nason Creek Fish Pond: Juveniles (under fifteen years ted. An angler may use one set line with any number of old) and handicapped persons only. hooks for burbot. Set lines must be clearly identified with the angler's name and address. Oak Creek: Trout - catch limit - five, no minimum length. Panther Creek (Chelan County): Closed waters. Permanent [ 162] Washington State Register, Issue 93-21 WSR 93-21-070 Rattlesnake Creek: Catch-and-release only, selective wildlife while those sixteen inches and over will be consid- fishery regulations. ered sockeye salmon and under the jurisdiction of depart- ment of fisheries. Rimrock Lake (Reservoir) ((Year aro1 1Re seasoR.)) Kokanee - catch limit - sixteen. Feeding (chumming) Wenatchee River, from mouth to Icicle River Road permitted. Bridge at Leavenworth: June 1 through March 31 season. Trout (( eateh limit Roses Lake: December I through March 31 season. two)), minimum length twelve inches. Wild steelhead release. Selective fishery regulations June 1 (Rotar)' Lake ( Freeway Lake) Year aro1 1Re seasoR.)) through November 30. Schaefer Lake: Trout - catch limit - sixteen. From Icicle River Road Bridge at Leavenworth to Lake (SoreRsoR PoRe May 15 thro1 1gh SefltemBer I seasoR Wenatchee: June 1 through November 30 season. Selective Tro1:1t eateh limit two. FishiRg from aRy tloatiRg tle~·iee fishery regulations. Trout (( eateh limit t"NO)), minimum flrohiBitetl.)) length twelve inches, maximum length twenty inches. Retaining steel head (( O\'er tweRt)' iRehes iR leRgth)) is Spectacle Lake (Kittitas County): Trout - catch limit - prohibited. sixteen. White River, from mouth of Napeequa River upstream Stehekin River, from the mouth to Agnes Creek: July to White River Falls ((Tro1 1t miRim1:1m leRgth eight 1 through October 31 season. Trout (( eateh limit two)), iRehes; Bait tirohibitetl.)) Selective fishery regulations. minimum length fifteen inches; ((Bait tirohiBitetl)) selective fishery regulations. Additional March 1 through June 30 Wide Hollow Creek: Trout - catch limit - five, no season: Catch-and-release only, selective fishery regulations. minimum length. Swauk Creek, from mouth to Iron Creek ((Tro1 1t Wilson Creek (two branches within Ellensburg city miRim1:1m leRgth eight iRehes; Bait fJFOhiBitetl.)) Selective limits): Juveniles only (under fifteen years old). Trout - fishery regulations. catch limit - five, no minimum length. Taneum Creek ((Tro1 1t miRim1:1m leRgth eight iRehes; Yakima River, from mouth to four hundred feet below Bait tirohiBitetl.)) Selective fishery regulations. ('NBflato)) Roza Dam Year around season. Closed April 1 through May 31 for trout ((aRtl steelheatl)). Trout ((-eateh (Three LalEe Year aro1 1Re seasoR.)) limit two)), minimum length twelve inches; ((steelheatl Tieton River: Trout - catch limit - five, no minimum eateh limit oRe. \l/iltl steelh.ead release)) maximum length length. Lawful to fish to base((s-)) of ((Clear Lake Dam twenty inches. Closed to fishing for steelhead in the Yakima ftfttl.)) Tieton (Rimrock) Dam. Additional December 1 River including tributaries and drains. through March 31 season for whitefish only. (From Watiato Dam te fo1 1r h1 1Rdred feet Belo· ... · Roza Tieton River, North Fork, from Rimrock Lake to within Dam J1 1Re I thro1 1gh Mareh 31 seasoR. Tro1 1t eateh limit four hundred feet of Clear Lake Dam: June 1 through two, FRiRim1:1m leRgth tv.·el•re iRehes; steelhead eateh limit August 15 season. Fishing is prohibited in the spillway oRe. Wild steelhead release.)) channei and within four hundred feet of Clear Lake Dam. From Roza Dam to four hundred feet below Easton Trapper Lake Trout - catch limit - two((, miRim1 1m Dam Year around season. Trout (((iRel1 1tliRg steelhead))) leRgth tweh·e iRehes. SeleetiYe fisher)' reg1:1lati0Rs)). Catch-and-release ((effiy)), selective fishery regulations. Exception: Bait and single-pointed, barbed hooks may be Twin Lakes (Chelan County) and tributaries and outlet used for whitefish only December 1 through ((last day of)) stream to junction with the Napeequa River: Closed waters. February 28. Anglers may fish from boats equipped with Upper Wheeler Reservoir (Chelan County): Closed motors from the U.S. Bureau of Reclamation restricted area waters. signs at Roza Dam upstream to the boat launch ramp on the Roza Access Area (approximately one-half mile). Wapato Lake April ((26, 1992, thro1 1gh Jl lly 31, 1992, aRe Atiril 25, 1993,)) 30 through ((ll lly 31, 1993,)) October From Lake Easton to Keechelus Dam ((Tre1 1t 31 season((~)). ((AtltlitioRal seasoR)) From August I through miRim1:1FR leRgth eight iRehes; Bait flFOhiBitetl.)) Selective October 31 ((, siRgle BarBless hooks t;;tflFOhiBitee, aRe all fishery regulations. tro1 1t m1 1st be releasetl A1 1g1 1st I throt1gh OetoBer 31.)) Trout Yakima Sportsmen's Park Ponds ((Year aro1 1Rd - catch-and-release, selective fishery regulations. Internal ~)) Juveniles only (under fifteen years old). combustion engines allowed. Region IV. Wenas Lake ((Year aro1 1Re seasoR.)) Trout - catch Description: That area of the state contained within the limit - ((eight)) five, of which not more than two may be boundaries of Island, King, San Juan, Skagit, Snohomish, brown trout. and Whatcom counties, and that portion of Pierce County Wenatchee Lake ((Year aro1 1Re seasoR.)) Trout ((- east of a line from the mouth of the Nisqually River through eateh limit two)), minimum length twelve inches. Kokanee Drayton Passage, Pitt Passage, Carr Inlet, and the Tacoma catch limit - sixteen. Feeding (chumming) permitted. Narrows. Kokanee/sockeye under sixteen inches will be considered All state-wide ((aRd RegioR IV)) regulations ((~ kokanee and under the jurisdiction of the department of beffiw7)) apply to all Region IV waters unless specifically exempted or amended by((~)) Exceptions - Region IV [ 163 ] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 regulations (listed for separate waters and categories of llHtil tile Elail)' eeteil lifflit is reteiHeEI. If BH)' !isl! RIIS so\ el le ii ea waters). · Ike ileelc er is keelteEI iH tile gill, eye er teHg11e, it ske11IEI l:!e lcept if legal te Ela se. ((RegioR IV reg1:1lati0Rs. OfleR seasoRs: Lakes, flOREls, aREI reservoirs Aflril 26, 1992, thro1 1gh Sf!eeial reg1:1lati0Rs.)) Exceptions Region IV. ((Basie)) Oetober 31, 1992, aRe Af!Fil 25, 1993, thro1:1gk Oetober 31, Regulations. State-wide ((aREI regioRal)) regulations apply 1993, 1 1Rless Sf!eeifiee other.vise 1 1Reer Sf!eeial reg1 1lati0Rs to all waters except where modified in special regulations Ri'.·ers, streams, aRe beaver flOREls J1 1Re l thro1 1gh below. Oetober 31 (both, 1992 aREI 1993), 1:1Rless Sf!eeifteEI otherwise (AJeer Lali e (Resenoir) Year aro1 1Re seasoR.)) 1 1Reer Sf!eeial reg1 1lati0Rs. ~light elos1 1re A1 1g1 1st I thro1 1gh Oetober 31. American Lake ((Year aro1 1Re seasoR.)) Feeding (chumming) permitted. "'l>lete: See "ilEI steell!eeEI Feleese Fet11tireff!eHI llHEler "1re111 Eleil) eeteil lifflit" l:!eleu. (ARgle Lake Year aro1 1Re seasoR.)) Cateh, si i? e, aREI f!OssessioR limits The eateh limit for Armstrong Lake (Snohomish County): April 30 through tro1 1t ea1 1ght iR either lakes or streams is aR aggregate total October 31 season. aREI m1:1st Rot eiteeeEI eight. The followiRg reyreseRts geRernl eateh, size, BRe f!OssessioR limits for game fish (before Baker Lake ((Trottt RO more thaR three oYer fo1 1rteeR ftshiRg, eheel< iREliYia1 1al waters listee ttReer Sf!eeial reg1 1la iRehes.)) April 30 through October 31 season. Feeding tioRs for eiteef!tioRs): (chumming) permitted. An area two hundred feet in radius around the pump discharge, at the south end of the lake is Q'lb¥ tmlll4YH closed. SPe61eS bllllTS bllUTS Ballinger Lake ((Year aro1 1Re seasoR.)) Bass - only bass less than twelve inches or over fifteen inches may be 8!i!iS ......... !>le lifflil llfltil Less IRftfl t·uelYe Fi l'e Het fflere kept. pessessieH iAeiles er a• er tRllH toe e;er lifflil FeleiHeEI lifteeH iHeiles Ii fteeH iAeiles. Barnaby Slough: Closed waters. 0Hly l:!ess less tilllll 1¥1 el , e iHehes (Bass Lake Year aro1 1REI seasoR.)) er e •er lifteeH iHeiles fflft)' Ile Bearpaw Lake (Whatcom County): April 30 through ltef* October 31 season. Trout - catch and possession limit - one, Dell) VllfEleH/ minimum length eighteen inches. Selective fishery regula- 81111 Tre11t ..... Ce11Hls es pert Tn'eflt) Ce11Hts es pftfl ef tions. ee~ffftree11~t~e~affte~l!,__~ttiH~eftl!e~s1--~~~~1~reffi11ttl~!l~B~ss~e~ss~ie:lftH lifflit lifflil (Bea,·er Lake (Skagit Co1 1Rty) Year aro1 1REI seasoR.)) Gress Cftffl .... It is 11Hleo f11l ta Beaver Lake (King County): Bass - only bass less than !isl! fer er reteiH twelve inches or over fifteen inches may be kept. Big Bear Creek (tributary of Sammamish River): Tre11t"' ....... 6igllt, ef "ilieil l>leHe iH lalces, 0He eetel! lifflit &HEI (iH eEIElitiBH) Closed waters. lcelteHee, 111118 1 o e fflB) l:!e FesePi•eirs. Pn8 steellieeEI e oer Big Beaver Creek, from closed water markers on Ross leelteEI Atl&Htie e .er lnel ,·e 6igl!t iHeiles iH l\'1 eHI) iHeiles selffleH, MEI iHeiles if telteH ri ;ers, SIFeftfflS, Lake upstream one-quarter mile: Closed waters. Upstream steell!eeEI) freffl A\ ers, eHEI l:!ee1er peHEls from one-quarter mile markers, including tributary streams, SIFellfflS, BHEI and beaver ponds that are tributary to Big Beaver Creek: l:!ee •er peHEls. July 1 through October 31 season; catch-and-release only, "'Wile steell!eaEI selective fishery regulations. release J11He I t!Le11gl! !>le• eff!l:!er Big Lake ((Year aro1 1REI seasoR.)) Bass - only bass less ~ than twelve inches or over fifteen inches may be kept. GreyliHg ...... Ceteil &HEI release ~ (Bitter Lake Year aro1 1Re seasoR 6igllteeH Tefl fl81 ffl6Fe BlaekmaR's Lake Year aFOHRa seasoR. Tro1 1t eateh tll&fl I "''8 8\'er limit ft,·e. lneHty fe11r ~ Bo1 1Raary Lake Year aro1 1REI seasoR Wllitelisll ..... FifteeH 0He eetell lifflit Bow Lal<e Year aro1 1REI seasoR.)) All ether Bosworth Lake (Snohomish County): April 30 through geffle lisll ..... !>le lifflil !>le He !>le lifflit October 31 season. B11llfregs ..... TeH l>IBHe 0He eetell lifflit Boxley Creek (North Bend), from its mouth to the falls "'!>late: WlleH Ii ski Hg ii itll l:!ait, all tre11t et111el te er greeter IRftfl tile ffliHiffl11ffl si;i:e ere ee11HteEI es pert ef tile Eleily eetel! lilftit located at approximately rivermile 0.9: Closed waters. ii l!etl!er ltept er FeleftrleEI. Steell!ees fflft)' l:!e ee11gl!t BHEI FeleftrleEI Boyle Lake (the inlet and outlet are closed waters): "iii le 11siHg l:!eit 11Htil tile Elail) eatel! lifflit is FetaiHeEI. Wl!ere 11se ef l !eit is preilil !iteEI I!) speeiel reg11letieHs, er "ilere April 30 through October 31 season. Trout - catch limit - artilieiel l11Fes er flies llfe 11seEI 'i'Bl11Htarily, !isl! fflft) Ile FeleBSeEI Permanent [ 164 J Washington State Register, Issue 93-21 WSR 93-21-070 two, minimum length fourteen inches. Selective fishery Chambers Lake (within Ft. Lewis Military Reservation): regulations. Trout - catch-and-release only. Selective fishery regulations, except electric motors allowed. Contact Ft. Lewis for a land Bridges Lake (the inlet and outlet are closed waters): use permit. April 30 through October 31 season. Trout - catch limit - two, minimum length fourteen inches. Selective fishery Chaplain Lake: Closed waters. regulations. (Cle)· Pit PeREI Year ere1 1REI seeseR.)) (BryeRt Lake Year ere1 1REI seeseR Clear Lake (Pierce County) ((Septemeer I thre1 1gk B1 1g Lake Year ere1 1REI seeseR.)) Jl IRe 30 seeseR. (CleseEI J1 1ly I thre1 1gh A1 1g1 1st 3 I.))) Feeding (chumming) permitted. Cain Lake: April 30 through October 31 season. Calligan Lake: June 1 through October 31 season. All (Clear Lel< e (Skagit Ce1 1Rty) Year ere1 1REI seeseR.)) tributary streams, and the upper third of the outlet are closed Clough Creek (North Bend): Closed waters. waters. Clover Creek, within the boundaries of McChord Air Campbell Lake ((Year are1 1REI seeseR.)) Bass - only Force Base: Trout - catch limit - one, minimum length bass less than twelve inches or over fifteen inches may be twelve inches. Selective fishery regulations. kept. Coal Creek (tributary of Lake Washington): Closed Canyon Creek, (S.F. Stillaguamish River) mouth to waters. forks: June 1 through ((lest SB)' ef)) February 28 season. Coal Creek, (near Snoqualmie) from Highway 10 Trout (( eateh limit twe)), minimum length fourteen . aREI April 25, 1993,)) 30 through October 31((, 1993,)) downstream April ((26, 1992, tkre1 1gh Oeteeer 3 I, 1992, inches. Carbon River, from its mouth to the Highway 162 season((s-)). Trout - no minimum length. Juveniles only Bridge: June 1 through January 31 season. Trout ((--eatefl. (under fifteen years old). limit twe)), minimum length fourteen inches. Additional Cottage Lake (King County): April 30 through October February 1 through March 31 season: ((SeleetiYe fishery 31 season. reg1:1letieRs.)) Trout, minimum length fourteen inches. Wild steelhead release. County Line Ponds: Closed Waters. Cascade Lake (San Juan County): April 30 through Crabapple Lake (Snohomish County): April 30 through October 31 season. Cascade River: June 1 through ((last day ef)) February (CreReeff)' Lake (lsleREI Ce1 1Rty) Year are1 1REI seeseR 28 season. Trout (( eetek limit twe)), minimum length Dekete Creek J1 1Re I thre1 1gh lest Eley ef Feefl lery fourteen inches. Dolly Varden/Bull Trout: Legal to retain seeseR. Tre1:1t eeteh limit twe, miRim1 1m leRgth fu1 1rteeR Dolly Varden/Bull Trout as part of the trout daily catch ~ limit, minimum length twenty inches. Dey Creek, me1 1th te Day Laite Tre1 1t eateh limit Note: The area from the Rockport-Cascade Road Bridge to the mouth is closed June I through September 30. twe, miRiH11 1m leRgth fu1 1rteeR iRekes.)) Cassidy Lake ((Year are1 1REI seeseR.)) Bass - only bass De Coursey Pond: April 30 through October 31 season. less than twelve inches or over fifteen inches may be kept. Juveniles only (under fifteen years old). Cavanaugh Lake: Feeding (chumming) permitted. Deer Creek and Little Deer Creek (tributaries to North Fork Stillaguamish): Closed waters. Cedar River, from its mouth to the Landsburg diversion dam: June ((-14)) l through September I season. Trout ((- Deer Lake (Island County): April 30 through October eeteh limit twe)), minimum length fourteen inches. ((Bttit 31 season. prehieiteEI.)) Selective fishery regulations. Desire, Lake ((Year ere1 1REI seaseR.)) Bass - only bass From its mouth to the Landsburg Highway Bridge: less than twelve inches or over fifteen inches may be kept. Additional December 1 through ((lest Eley ef)) February 28 (Dieele Lake Year ere1 1REI seeseR season. Trout (( eateh limit twe)), minimum length fourteen inches. Fishing from any floating device prohibited. Deleff Lake April 26, 1992, thre1 1gh NeveH1eer 30, 1992, eREI April 25, 1993, thre1:1gk Ne.,·emeer 30, 1993, (FishiRg l IRlawfol eetweeR 7 00 p.m. BREI 5 00 e.m.)) Night fishing closure. Wild steelhead release. seeseRs. From Landsburg diversion dam upstream to Chester D1 1g1 1alle Bey (Leite) Year ere1 1REI seeseR.)) Morse Reservoir: Closed waters. Eagle Lakes (Big and Little): Closed waters. Chambers Bay and that portion of Marine Area 13 Ebey Lake: Fly fishing only. Trout - catch limit - one, inside a line from Gordan Point to the dock at Pioneer gravel minimum length eighteen inches. pit (second gravel pit approximately 1.2 miles north of Echo Glen Pond ((Year are1 1REI seeseR.)) Chambers Bay): June 1 through October 31 season. Note: No public access. (State corrections facility.) [ 165 l Permanent WSR 93-21-070 Washington State Register, Issue 93-21 (E eke Lake (SAekemisk Ce1 1Aty, Rear Malts)·) through November 30. Fishing from any floating device September 1 tkre1:1gk JtJAe 30 seaseA. (Clesed JtJly I prohibited November 1 through ((last da)' ef)) February tkre1 1gk A1 1g1 1st 31.) ((~)) 28. Note: Area from the Auburn-Black Diamond E gg Lake (SaA J1 1aA Ce1 1Aty) Year are1 1Ad seaseA.)) Bridge downstream to the 8th St. N.E. Bridge in Auburn is closed September 1 through October 15 and area from the Erie Lake (Skagit County): April 30 through October Auburn-Black Diamond Bridge downstream to the Highway 31 season. 18 Bridge is closed September 1 through October 31. Fazon Lake ((Feer1 1af)' 1 tkre1 1gk Oeteeer 31 seaseA.)) From the ((First AveA1:1e)) SR 167 Freeway Bridge to Channel catfish - possession limit - two. Bass - only bass the Tacoma Headworks Dam: Additional March I through less than twelve inches or over fifteen inches may be kept. March ((-3-1-)) 12 season. Trout (( eatek limit twe)), Fishing from any floating device prohibited from first Friday minimum length fourteen inches. Wild steelhead release. in October through January 15. Fishing from any floating device prohibited. (Fewwiek Lake (KiAg Ce1 1Aty) Year are1 1Ad seaseA.)) Greenwater River, from mouth to Greenwater Lakes: Findley Lake: Closed waters. Trout (( eateh limit twe)), minimum length twelve inches. ((Bait prehieited.)) Selective fishery regulations. ((FiAAe)' Creek (Skagit RiYer), frem its me1:1tk te falls: Tre1:1t eatek limit twe, miAim1 1m leAgtk fe1 1rteeA iAekes.)) (Haller Lake Year are1 1Ad seaseA.)) Fisher Slough: From mouth to Highway 530 Bridge: Hancock Lake: June I through October 31 season. All Year around season. Trout (( eatek limit twe)), minimum tributary streams and the upper third of the outlet are closed length fourteen inches entire season. Upstream from waters. Highway 530 Bridge: June 1 through October 31 season. Harrison Pond: Closed waters. Trout (( eateh limit twe)), minimum length fourteen inches. Hart Lake (Pierce County) ((Year are1 1Ad seaseA.)) Bass - only bass less than twelve inches or over fifteen (Fisktrap Creek (Whateem Ce1 1At)·) Prem Kek Read inches may be kept. te BeAder Read lHAe 15 thre1 1gk Oeteeer 31 seaseA Heart Lake (Skagit County, near Anacortes): April ((±6, J1 1YeAiles eAly (1 1Ader fifteeA )'ears eld).)) 1992, thre1:1gh JtJly 31, 1992, aAd April 25, 1993,)) 30 Flowing Lake ((Year are1 1Ad seaseA.)) Bass - only bass through ((lttly)) October 31((.,+m,)) season((s-)). less than twelve inches or over fifteen inches may be kept. Howard Lake (Snohomish County): April 30 through Fortson Mill Pond #2: April 30 through October 31 October 31 season. season. Juveniles only (under fifteen years old). Hozomeen Lake (Whatcom County): ((ltttte)) July 1 Geneva Lake (King County): April 30 through October through October 31 season. 31 season. (H1 1mmel Lake Year are1 1Ad seaseA.)) Gissberg Ponds ((Year are1 1Ad seaseA.)) Closed to fishing for channel catfish. Issaquah Creek: Closed waters. Jennings Park Pond: April 30 through October 31 (chumming) permitted. Bass - only bass less than twelve Goodwin Lake ((Year are1 1Ad seaseA.)) Feeding ~ Juveniles only (under fifteen years old) inches or over fifteen inches may be kept. Johnson Creek (Whatcom County), from Northern (GreeA Lalfe (KiAg Ce1 1Aty) Year are1 1Ad seaseA Pacific Railroad tracks to the Lawson Street footbridge in Sumas: Juveniles only (under fifteen years old). GreeA Lake (Whateem Ce1 1Aty) Year are1 1Ad seaseA.)) (K Mart Lake Year are1 1Ad seaseA.)) Goss Lake (Island County): April 30 through October 31 season. Kapowsin Lake ((Year are1 1Ad seaseA.)) Bass - only bass less than twelve inches or over fifteen inches may be Granite Lakes (Skagit County - near Marblemount): kept. Grayling - catch-a~d-release only. (Kee·,·ies Lake Year are1 1Ad seaseA.)) Green (Duwamish) River, from its mouth to the First Kathleen Lake: Bass - only bass less than twelve inches Avenue Bridge ((Year are1 1Ad seaseA.)) June 1 through or over fifteen inches may be kept. February 28 season. Trout (( eatek limit twe)), minimum length fourteen inches. Exempt from wild steelhead release Kelsey Creek (tributary of Lake Washington): Closed July 1 through November 30. It is unlawful to fish with waters. more than one single hook on sinking artificial lures; or with (KillarAey Lalfe Year are1 1Ad seaseA.)) leads, weights, or sinkers less than twelve inches above or below the lure or bait. Ki Lake (Snohomish County): April 30 through October 31. Bass - only bass less than twelve inches or over From the First Avenue Bridge to Tacoma Headworks Dam: June ((#)) .l through ((last day ef)) February 28 fifteen inches may be kept. season. Trout (( eateh limit twe)), minimum length Kimball Creek (near Snoqualmie): April ((26, 1992, fourteen inches. Exempt from wild steelhead release July 1 thre1:1gk Oeteeer 31, 1992, aAd April 25, 1993,)) 30 through Permanent l 166 J Washington State Register, Issue 93-21 WSR 93-21-070 October 31 ((, 1993,)) season((5-)). Trout - no minimum Newhalem Ponds: Closed waters. length. Juveniles only (under fifteen years old). Nisqually River: See Region VI. Kings Lake Bog (King County): Closed waters. ((Nooksaek River, all tri81:1tary streaFRs to the ~looksaek Klaus Lake (the inlet and outlet to first Weyerhaeuser River systeFR JttRe 15 thro1 1gh Oetoaer 31 seasoR.)) spur are closed waters): April 30 through October 31 Nooksack River from mouth to forks, Middle Fork to season. Trout - catch limit - two, minimum length fourteen Dam. North Fork to Nooksack Falls: June ((~)) l. through inches. Selective fishery regulations. two)), March ((M)) li season. Trout (( eateh liFRit Lake Washington Ship Canal: See Washington, Lake; minimum length fourteen inches. Wild steelhead release. Union, Lake; Portage Bay and Salmon Bay. Fishing from boats equipped with motors prohibited on the Langlois Lake (King County): April 30 through North and Middle Forks November I through March ((M)) 15. October 31 season. South Fork, from its mouth to source: ((lHRe 15 Little Bear Creek (tributary of Sammamish River): Closed waters. two)), throttgh Oetoser 31 seasoR.)) Trout (( eateh liFRit minimum length fourteen inches. Wild steelhead release, (Little CFBHBeff)' Lake Year aro1 1Hd seasoH and selective fishery regulations. Lofte Lake Year aro1 1Hd seasoR South Fork, from its mouth to Skookum Creek: Lost Lake (SRohoFRish Co1 1Rty) SepteFRser I thro1 1gh Additional November 1 through March ((M)) li season. J1 1Re 30 seasoR. (Closed J1 1ly I thro1 1gh A1 1g1 1st 31.))) Trout (( eateh liFRit two)), minimum length fourteen inches. Wild steelhead release. Fishing from boats equipped Loma Lake (Snohomish County): April 30 through with motors prohibited. October 31 season. North Creek (tributary of ((Lttke)) Sammamish River): Lucas Slough: Closed waters. Closed waters. (Maree) Lake Year aro1 1Rd seasoR.)) North Lake (King County): April 30 through October Margaret Lake (King County): April 30 through 31 season. October 31 season. Northern State Hospital Pond: April 30 through Marine areas: (See page ... ). October 31 season. Juveniles only (under fifteen years old). (Martha Lake (WarFR Beaeh) Year aro1 1Rd seasoR.)) Ohop Lake: ((Year arottRd seasoR.)) Bass - only bass less than twelve inches or over fifteen inches may be kept. Martha Lake (AM) (Snohomish County): April 30 through October 31 season. Old Fishing Hole Pond (Kent): April 30 through October 31 season. Juveniles only (under fifteen years old). May Creek (tributary of Lake Washington): Closed waters. Padden Lake: April 30 through October 31 season. Internal combustion engines prohibited. McMurray Lake (Skagit County): April 30 through October 31. Pass Lake ((Year aro1 1Rd seasoR.)) Trout - catch limit - one, minimum length eighteen inches. Fly fishing only((., Mercer Slough (tributary of Lake Washington): Closed aaraless hook)). waters. ((PetersoR Lake: Year arot111tl seasoR.)) Mill Pond (Auburn): April 30 through October 31 ~ Juveniles only (under fifteen years old). Phantom Lake: Bass - only bass less than twelve inches or over fifteen inches may be kept. (MiRkler Lake (Skagit Co1 1Rty) Year arotrnd seasoR Philippa Creek (tributary to N.F. Snoqualmie River): MortoR Lake SepteFRser l thro1 1gh J1 1Re 30 seasoR Closed waters. (Closed Jttl)' l throttgh Attgttst 31.))) Pilchuck Creek, mouth to Highway 9 Bridge: June 1 Muck Creek and tributaries (within Ft. Lewis Military through November 30 season. Trout (( eateh liFRit two)), Reservation): Trout - catch-and-release only. Selective minimum length fourteen inches. ((Bait prohibited.)) fishery regulations. Contact Ft. Lewis for a land use permit. Selective fishing regulations. Additional December 1 ((Mttd Lake (Skagit CottRty): Year arottRd seasoR. through ((last tlay ot)) February 28 season. Trout ((--effieft limit two)), minimum length fourteen inches. Mttd Lake (WhateoFR CottRt)', Rear DeFRiRg): Year arottRd seasoR. Pilchuck River, its entire length: Closed March 1 through November 30. Mttdd Lake (lslaRd CottRty): Year arottRd seasoR.)) From its mouth to five hundred feet downstream from New Mire Creek (tributary of Lake Sawyer): April the Snohomish City diversion dam: December 1 through ((20, 1992, throttgh Oetoaer 31, 1992, aRd April 25, 1993,)) ((last day ot)) February 28 season. Trout (( eateh limit 30 through October 31((,+993;)) season((s-)). Juveniles only twe)), minimum length fourteen inches. Fishing from any (under fifteen years old). floating device prohibited. [ 167] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 Pine Lake (King County): April 30 through October 31 indicated. Big Beaver Creek, one-guarter mile (see special season. ((FegttlatieH f.eF)) Big Beaver Creek regulations), Ruby Creek, entire stream. All other tributaries - one mile. Pipers Creek (Carkeek Creek), from its mouth to Ross Lake Tributary Streams not listed as closed: July (eeHerete e1 1h·ert acljaee1H the Metre plaHt (iHel1 1cliHg 1 through October 31 season. VeHema Creek))) its source, including tributaries: Closed waters. Salmon Bay, all waters from the Chittenden Locks (in Ballard) upstream (east) to the Fremont Bridge: July I ((Prnm eeHerete e1:1lvert acljaeeHt the Metrn plaHt te through ((last !'lay ef)) February 28 season. Trout - no more se1 1ree April 26, 1992, thre1 1gh Oeteber 31, 1992, aHcl Avril than two over twenty inches. Wild steelhead release. 25, 1993, thre1 1gh Oeteber 31, 1993, seaseHs. Trn1 1t He miHim1 1m leHgth. J1 1,•eHiles eHI)' (1 1Hcler fifteeH )'ears elcl) Salmon Bay, from the east end of the north wing wall of the Chittenden Locks to a line approximately one hundred PeHclilla PeHcl Year are1 1Hcl seaseH.)) seventy-five feet seaward of, and parallel to the railroad Portage Bay ((Year are1 1Hcl seaseR.)) Feeding (chum- bridge, and which runs through the wooden tower structure ming) permitted. near the south shore: December 1 through ((last Ela)' ef)) February 28 season. Trout (( eateh limit twe)), minimum Pratt River (tributary to Middle Fork Snoqualmie): length ((-twettie)) fourteen inches. (('Nila steelheacl release.)) Catch-and-release only, and selective fishery regulations. It is unlawful to fish with more than one hook on sinking Puyallup River, from its mouth to the Electron power artificial lures; or with leads, weights, or sinkers less than plant outlet: June 1 through January 31 season. Trout ((- twelve inches above or below the lure or bait. Fishing from eateh limit twe)), minimum length fourteen inches. any floating device prohibited. This area is closed March 1 From its mouth to the Soldier's Home Bridge in Orting: through November 30. See also department of fisheries' Additional February 1 through March 31 season. Trout ((- regulations. eateh limit twe)), minimum length fourteen inches. Wild Samish, Lake ((Year are1 1HEI seaseH.)) Feeding steelhead release. (chumming) permitted. Cutthroat - catch limit - two, Raging River, from its mouth to the Highway 18 Bridge minimum length fourteen inches. (three miles upstream from Preston): June 1 through ((~ Samish River, from its mouth to the old Highway 99 titty--ef)) February 28 season. Trout (( eateh limit twe)), Bridge and from the department of fisheries' rack to the minimum length fourteen inches. Hickson Bridge: June 1 through March ((3+)) 11 season. Rapjohn Lake: April 30 through October 31 season. Trout (( eateh limit twe)), minimum length fourteen Bass - only bass less than twelve inches or over fifteen inches. December 1 through March ((M)) 11 wild steelhead inches may be kept. release. Note: Closed from Highway 99 Bridge to depart- ment of fisheries' salmon rack. Rattlesnake Lake: April 30 through October 31 season. Selective fishery regulations, except electric motors allowed. Sammamish Lake ((Year are1 1HEI seaseH.)) Trout - no more than ((th:Fee)) two over fourteen inches ((er twe eYer Rattlesnake Lake (King County): April 30 through tweHt)' iHehes)). Kokanee may not be kept. ((Bass Elaily October 31 season. eateh lifflit fi•f'e, Het mere thaH three m·er fifteeH iHehes, He Ravensdale Lake: April 30 through October 31 season. miHim1:1m sice limit, aHEI pessessieH limit teH, Het mere Trout - catch limit - two, minimum length twelve inches. thaH six ever fifteeH iHehes.)) Selective fishery regulations. Sammamish River (Slough), from the 68th Avenue N.E. Ravensdale Lake (King County): April 30 through Bridge to Lake Sammamish: June 1 through August 31 and October 31 season. December 1 through ((last clay ef)) February 28 seasons. Trout (( eateh limit twe)), minimum length twenty inches. Ridley Lake (Whatcom County): July 1 through Wild steelhead release. All tributaries are closed. October 31 season. Trout - catch and possession limit - one, minimum length eighteen inches. Selective fishery regula- Sauk River, from its mouth to the mouth of the White tions. Chuck River: June((~)) l through ((last !'lay ef)) February 28 season. Trout (( eateh limit twe)), minimum length Riley Lake (Snohomish County): April 30 through fourteen inches. Dolly Varden/Bull Trout: Legal to retain October 31 season. Dolly Varden/Bull Trout as part of trout daily catch limit, Rock Creek (below Landsburg): Closed waters. minimum length twenty inches. June 15 through October 31 wild steelhead release. ( R eesiger Lake Year are1 1HEI seaseH.)) From the mouth of the White Chuck River to headwa- Ross Lake (Reservoir): July I through October 31 ters, including North and South Forks: Trout (( eateh limit season. Trout - catch limit - three, possession limit - six, -tw&)), minimum length fourteen inches. ((Bait vrehibit minimum length thirteen inches. ((Bait vrehibiteEI.)) Selec- eth)) Selective fishery regulations. Dolly Varden/Bull Trout: tive fishery regulations. Fishing from boats with motors Legal to retain Dolly Varden/Bull Trout as part of trout daily allowed. catch limit, minimum length twenty inches. Note: The following tributaries to Ross Lake are closed from the closed water markers near their mouths upstream the distance Permanent [ 168] Washington State Register, Issue 93-21 WSR 93-21-070 From its mouth to the Darrington Bridge: Additional inches. Dolly Varden/Bull Trout: Legal to retain Dolly March I through April 30 season. Catch-and-release only, Varden/Bull Trout as part of trout daily catch limit, mini- and selective fishery regulations. mum length twenty inches. Note: Closed waters from the pipeline crossing at Sedro Woolley to the Dalles Bridge at Sawyer, Lake ((Year aret1Ht I seasoH.)) Feeding Concrete March 16 through May 31. (chumming) permitted. From the Dalles Bridge at Concrete to the mouth of Sequallitchew Lake: ((JttHe I tluettgk Oetoaer 31 seesetr.)) Contact Ft. Lewis for land use permit. Bacon Creek: Additional March 16 through April 30 season. Catch-and-release only, and selective fishery regulations, ((SereHe, Lake: SevteFHaer I tkrettgk Jt1He 30 seaseH. except lawful to fish from a boat with motor but not while (Closet:! Jttl)' I tkrettgk At1gt1st 31.))) under power. Serene Lake (Snohomish County): April 30 through Skykomish River, from its mouth to mouth of Sultan October 31 season. River June I through ((last t lay et)) February 28 season Trout (( eatek liFHit tvlo)), minimum length fourteen Shady Lake June 1 through ((Jttly 4 aHt I SevteFHaer I inches. Dolly Varden/Bull Trout: Legal to retain Dolly tkrettgk)) October 31 season((s-)). Trout (( eatek liFHit Varden/Bull Trout as part of trout daily catch limit, mini- .fetw)), no more than one over ((+weJ..re)) fourteen inches. mum length twenty inches. Fishing from any floating device Shannon, Lake: ((Trottt HO FHore tkaH three oYer prohibited November 1 through ((last t:lay et)) February 28 siJcteeH iHekes.)) April 30 through October 31 season. from the boat ramp below Lewis Street Bridge at Monroe Feeding (chumming) permitted. downstream two thousand five hundred feet. Additional March 1 through April 30 season: Trout - .catch-and-release Shoecraft Lake ((Year arot1Ht I seaseR.)) Bass - only only, and selective fishery regulations. Fishing from any bass Jess than twelve inches or over fifteen inches may be floating device prohibited from the boat ramp below Lewis kept. Street Bridge at Monroe downstream two thousand five (SilYer Lake (IslaHt I Cot1Hty) Year ar01 1Ht I seasoH.)) hundred feet. Silver Lake (Pierce County): April 30 through October From the mouth of the Sultan River to the forks: June 31 season. Bass - only bass Jess than twelve inches or over 1 through March 31 season. Trout (( eatek liFHit two)), fifteen inches may be kept. minimum length fourteen inches. Wild steelhead release((-:)) March 1 through March 31. Dolly Varden/Bull Trout: Silver Lake (Whatcom County): April 30 through Legal to retain Dolly Varden/Bull Trout as part of trout daily October 31 season. catch limit, minimum length twenty inches. Fishing from Sixteen Lake (Skagit County): April 30 through any floating device prohibited in the area one thousand five October 31 season. hundred feet upstream and one thousand feet downstream of the outlet at Skykomish Rearing Ponds and that same area is Skagit River, from its mouth to the Memorial Highway closed to fishing June 1 to 8:00 a.m. August I. Bridge (Highway 536 at Mt. Vernon): Year around season. Trout (( eatek liFHit two)), minimum length fourteen Skykomish River, North Fork, from its mouth to one inches. Retaining steelhead ((eYer tweHt)' iHekes iH leRgtk)) thousand feet downstream from Bear Creek Falls: June 1 is prohibited from April I through May 31. (See Fisher through ((last t lay of)) February 28 season. Trout ((--eatefl Slough.) Dolly Varden/Bull Trout Legal to retain Dolly liFHit two)), minimum length fourteen inches. ((w+J.tl Varden/Bull Trout as part of trout daily catch limit, mini- steelkeat:I release.)) Closed waters from one thousand feet mum length twenty inches. below Bear Creek Falls to one thousand feet above Bear Creek Falls. From Memorial Highway Bridge (Highway 536 at Mt. Vernon) upstream to Gorge Powerhouse at Newhalem: June From one thousand feet upstream of Bear Creek Falls to 1 through ((last t:la)' et)) February 28 season. Trout ((-eetclt (keat lwaters)) ((Trottt eatek liFHit two, FHiHiFRttFR leRgtk liFHit two)), minimum length fourteen inches. Dolly fottrteeH iHekes. Bait vrekiaited.)) Quartz Creek: Catch- Varden/Bull Trout: Legal to retain Dolly Varden/Bull Trout and-release, selective fishery regulations. as part of trout daily catch limit, minimum length twenty Skykomish River, South Fork, from its mouth to six inches. hundred feet downstream from the Sunset Falls Fishway: From the Gorge Powerhouse to Gorge Dam: Closed June 1 through ((last t:lay et)) February 28 season. Trout ((- waters. eatek limit two)), minimum length fourteen inches. ((Wtte steelkeat:I release.)) Closed waters from Sunset Falls From Memorial Highway Bridge (Highway 536 at Mt. Fishway to a point six hundred feet downstream of the Vernon) to pipeline crossing at Sedro Woolley: Additional fishway. March 1 through March 31 season. Trout (( eatek liFHit twe)), minimum length fourteen inches. Dolly Varden/Bull From Sunset Falls to source: June 1 through November Trout: Legal to retain Dolly Varden/Bull Trout as part of 30 season. Trout (( eatek liFHit two)), minimum length trout daily catch limit, minimum length twenty inches. fourteen inches. ((Bait vrekieitet:I.)) Selective fishery regulations. Additional ((Ne,·eFHaer)) December 1 through From pipeline crossing at Sedro Woolley to mouth of ((last t:lay et)) February 28 season for whitefish only. Bacon Creek: Additional March 1 through March 15 season. Trout (( eatek liFHit two)), minimum length fourteen [ 169] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 Snohomish River, all channels, sloughs, and intercon- Stetattle Creek, from its mouth for one and one-half nected waterways (excluding all tributaries) From Puget miles upstream, to mouth of Bucket Creek: Closed waters. Sound to Highway 529: Year around season. Trout ((- Stevens, Lake ((Year arn1 1Rd seasoR.)) Feeding eateh liffiit two)), minimum length fourteen inches. Dolly (chumming) permitted. Bass - possession limit - one over Varden/Bull Trout: Legal to retain Dolly Varden/Bull Trout eighteen inches. as part of trout daily catch limit, minimum length twenty inches. Stillaguamish River, and all sloughs, downstream of Warm Beach-Stanwood Highway: Year around season. From Highway 529 upstream (all channels): June 1 Trout (( eateh liffiit two)), minimum length fourteen through March 31 season. Trout ( ( eateh liffiit two)), inches. minimum length fourteen inches. Stillaguamish River, upstream from the Warm Beach- Snoqualmie River, from its mouth to the falls: June 1 Stanwood Highway to the forks (except Harvey Creek, through March 31 season. Trout (( eateh liffiit two)), Pioneer Ponds, and Portage Creek are closed): June 1 minimum length fourteen inches. June I through November through March 31 season. Trout (( eateh liffiit 30 ((bait vrohil:lited)) selective fishery regulations. Fishing two)), minimum length fourteen inches. Dolly Varden/Bull Trout: from boats with motors allowed. Fishing from any floating Legal to retain Dolly Varden/Bull Trout as part of trout daily device prohibited November 1 through March 31 from the catch limit, minimum length twenty inches. Closed waters mouth of Tokul Creek downstream to the boat ramp at from the barrier dam (downstream of 1-5) downstream two Plumb access, about one-quarter mile. Note: Waters within hundred feet. the Puget Power tunnel at the falls and within fifty feet of any point on Puget Power's lower Plant #2 building (north Stillaguamish River, North Fork, from its mouth to bank) are closed. Swede Heaven Bridge: Year around season. Trout ((-eatelt liffiit two)), minimum length fourteen inches. Fishing from From Snoqualmie Falls, including the North and South any floating device prohibited upstream of the Highway 530 Forks: Trout (( eateh liffiit two)), minimum length ten Bridge at mile post 28.8 (Cicero Bridge). March 1 through inches. ((Bait rrohil:lited.)) Selective fishery regulations. November 30 wild steelhead release. Fly fishing only April Additional November 1 through ((last day of)) February 28 16 through November 30. season for whitefish only. Stillaguamish River, South Fork, from its mouth to four Middle Fork Snoqualmie from mouth to source includ- hundred feet downstream of the outlet to fishway at Granite ing all tributaries: Catch-and-release only, and selective Falls: June 1 through ((-last-et)) February 28 season. Trout fishery regulations. (( eateh liffiit two)), minimum length fourteen inches. Soos Creek, from mouth to salmon hatchery rack: June Note: Closed from Mt. Loop Highway bridge above Granite I through August 31 season. Trout (( eateh liffiit two)), Falls downstream to a point four hundred feet below the minimum length fourteen inches. outlet of the end of the fish way. South Prairie Creek, closed downstream from Page (Stiteh bairn Year aro1 1Ra seasoR.)) Creek to its mouth. Stillaguamish River, South Fork, above Mountain Loop Spada Lake (Reservoir) ((Tro1 1t eateh liffiit fiye, Highway Bridge above Granite Falls to source: June 1 ffiiRiffil:lffi leRgth twelve iRehes. Bait vrohieited.)) April 30 through November 30 season. through October 31 season. Selective fishery regulations. Storm Lake (Snohomish County): April 30 through Internal combustion engines prohibited. Note:. All tributar- October 31 season. ies to lake are closed to fishing. Stuck River: See White River. Spanaway Lake, and its outlet downstream to the dam (approximately 800 feet): Year around season. Suiattle River Dolly Varden/Bull Trout Legal to retain Dolly Varden/Bull Trout as part of trout daily catch Sportsman's Lake ((Yeftf BfOl IRd seasoR.)) Bass - only limit, minimum length twenty inches. bass less than twelve inches or over fifteen inches may be kept. Sultan River, from its mouth to a point four hundred feet downstream from the diversion dam at river mile 16: (SEJ1 1alie1 1ffi Creek, ffiOl ltA to 01 1tlet of B1 1g Lake June I through ((last aay of)) February 28 season. Trout ((- AdditioRal ~fo,•effieer I thfo1 1gh last aay of Pel lfl lary seasoR eateh liffiit two)), minimum length fourteen inches. Dolly Tro1:1t eateh liffiit two, ffiiRiffil lffi leRgth fo1 1rteeR iRehes.)) Varden/Bull Trout: Legal to retain Dolly Varden/Bull Trout Spring Lake (King County): Bass - only bass less than as part of trout daily catch limit, minimum length twenty twelve inches or over fifteen inches may be kept. inches. Note: North and South Forks are closed to fishing. Squalicum Lake ((Yeftf BfOl IRS seasoR.)) Trout - catch Sunday Creek (tributary to N.F. Snoqualmie River): limit - two. Fly fishing only. Closed waters. (Steilaeooffi LalEe Year BfOl IRS seasoR.)) (S1 1Rda)' Lake (SRoAOffiish Co1 1Rty) Year aro1 1Rd seasetr.)) Steel Lake (King County): April 30 through October 31 season. Swamp Creek (tributary to Sammamish River): Closed waters. Permanent [ 1701 Washington State Register, Issue 93-21 WSR 93-21-070 Tanwax Lake ((Year aro1 1Rd seasoR.)) Bass - only Union, Lake ((Year aro1 1Rd seasoR.)) Feeding (chum- bass less than twelve inches or over fifteen inches may be ming) permitted. kept. Voight's Creek: Closed waters from mouth to Highway Tapps Lake (Reservoir) and intake canal-Open area 162 Bridge. includes intake canal to within four hundred feet of the Wagners Lake (Snohomish County): April 30 through screen at Dingle Basin: Year around season. October 31 season. Tate Creek (tributary to N.F. Snoqualmie River): Walker Lake (King County): April 30 through October Closed waters. 31 season. Taylor River (tributary to the Middle Fork Snoqualmie): Wallace River, from its mouth to the first Burlington- Catch-and-release only, and selective fishery regulations. Northern Railroad bridge downstream of the Highway 2 Tennant Lake ((Year aro1 1Rd seasoR.)) Fishing from Bridge: June I through September 1 season. Trout ((--ettteh any floating device prohibited from first Friday in October limit two)), minimum length fourteen inches. Dolly ((H)) through January 15. Varden/Bull Trout: Legal to retain Dolly Varden/Bull Trout Terrell, Lake ((Year aro1 1Rd seaso11.)) Fishing from as part of trout daily catch limit, minimum length twenty inches. Note: Closed waters from the first Burlington- any floating device prohibited from first Friday in October Northern Railroad bridge (below Highway 2) to a point two ((H)) through January 15 except fishing from floating dock hundred feet upstream of the water intake of the salmon permitted. Bass - only bass less than twelve inches or over hatchery. fifteen inches may be kept. From the mouth to mouth of Olney Creek: Additional Thornton Creek (tributary to Lake Washington): Closed November 1 through ((last da)' of)) February 28 season. waters. Trout (( eateh limit two)), minimum length fourteen Tibbetts Creek (tributary to Lake Sammamish): Closed inches. Fishing from any floating device prohibited. Dolly waters. Varden/Bull Trout: Legal to retain Dolly Varden/Bull Trout as part of trout daily catch limit, minimum length twenty Toad Lake (Whatcom County): April 30 through inches. October 31 season. Wapato Lake ((Year aro1 1Rd seaso11.)) Juveniles only Tokul Creek, from its mouth to the posted cable (under fifteen years old). boundary marker located approximately seven hundred feet upstream of the mouth: December 1 through March 31 Washington, Lake, including that portion of the season. Trout (( eateh limit two)), minimum length Sammamish River from the 68th Avenue N.E. Bridge fourteen inches. This area is closed daily from 5:00 p.m. to downstream: ((Year arm111d seaso11.)) Trout - no more than 7:00 a.m. This area is closed to all fishing from April 1 two over twenty inches. Wild steelhead release December through November 30. 1 through May 31. May I through June 30 season: Trout From the posted cable boundary marker located approxi- - catch limit - eight, minimum length twelve inches. Closed mately seven hundred feet upstream of the mouth to the to boat fishing one hundred yards either side of the floating bridges. Feeding (chumming) permitted year around. railroad trestle: Closed to all fishing year around. Kokanee/sockeye under twenty inches will be considered Tolt River, from its mouth to the USGS trolley cable kokanee and under the jurisdiction of the department of ((itt)) ~the confluence of the North and South Forks: wildlife while those twenty inches and over will be consid- June 1 through ((last day of)) February 28 season. Trout ((- ered sockeye salmon and under the jurisdiction of the eateh limit two)), minimum length fourteen inches. June department of fisheries. ((Bass daily eateh limit fiYe, Rot 1 through November 30 ((eait prohieited)) season. Selective more thaR three over fifteeR iRehes, RO miRim1:1m siile limit, fishery regulations. aRd possessioR limit teR, 11ot more thaR siJ1: O'ler fifteeR From the USGS trolley cable to the mouth of Yellow ~)) Creek on the North Fork, and to the dam on the South Fork: Whatcom Creek, mouth to stone bridge at Whatcom Closed waters. Falls Park: June 1 through ((last day of)) February 28 North Fork above Yellow Creek: Trout - catch-and- season. Trout (( eateh limit two)), minimum length release only, selective fishery regulations. fourteen inches. South Fork above the dam: Trout (( eateh limit From stone bridge at Whatcom Falls Park upstream to ~)). minimum length ten inches. ((Bait prohieited.)) Lake Whatcom April ((26, 1992, thro1 1gh Oetoeer 31, 1992, Selective fishery regulations. aRd April 25, 1993,)) 30 through October 31((, 1993,)) season((s-)). Trout - no minimum length. Juveniles only Tradition Lake: Bass - only bass less then twelve (under fifteen years old). inches or over fifteen inches may be kept. Whatcom, Lake: April 30 through October 31 season. Tye River: Trout (( eateh limit two)), minimum Trout - no more than one over fourteen inches. Feeding length fourteen inches. ((Bait prohieited.)) Selective fishery (chumming) permitted. (All tributaries are closed to fishing, regulations. Additional November 1 through ((last da)' of)) and, in addition, that portion of Lake Whatcom between the February 28 season for whitefish only. Electric Avenue Bridge and the outlet dam.) [ 171] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 (Whistle Lake (Skagit Cmmt)·) Year am1 1REi seaseR.)) Q.~16'f PmllllYll 6•11!; 1'1611 bA=J=bll !ll6!0 White (Stuck) River, from mouth to Highway 410 l'Q66!;661Q~I 61'1itlli!l 61141+6 61111+6 Bridge at Buckley: Trout (( eateh lit'Rit twe)), minimum length twelve inches. Note: Puget Power canal, including Bl!Ss !'le liFRil llRlil bess lil&H I u el.,•e Fi, e Rel 111ere the screen bypass channel, is closed to fishing above the f!essessieH iRelies er e •er tl!&R In e e•;er liFRit reteiRetl lifteeR iRelies screen at Dingle Basin. lifleeR iRelies. ORI) !lass less From mouth to R Street SE Bridge in Auburn: Addi- theR "''el. e iRelie tional November I through February 28 season. Trout, er eoer lifleeR iRelies FR&) Ile minimum length twelve inches. Wild steelhead release. *et* From the Weyerhaeuser 6000 Road Bridge (Bridge E:lell)• l,!ertleft!I Camp) to its source: Additional November I through 81111 Tre111 tetlRIS 8S f!eR T•,•,•eRt) tetlRIS ftS f!8rl e January 31 season for whitefish ((aREi Delly VarEieR (01:111 ef 1re111 ealeli iHelies 1re111 f!essessieH li111il liFRil trel:ltf)) only. Grl!Ss tftff! II is tlflla.,..flll te Whitechuck River Dolly Varden/Bull Trout Legal to !isl! fer er rel&iR retain Dolly Varden/Bull Trout as part of trout daily catch gr11Ss e&Ff! limit, minimum length twenty inches. Tre111* Eiglit, ef nliieli l'leHe iR lelces, 0Re ealeli li111it Re FRere lli8R Wilderness Lake (King County): April 30 through &Rel (iR atltlitieR lcelc&Ree, IMtl lue FRI!) Ile resePt•eirs. October 31 season. leelcecl AtlaRlie e oer l>l'eh•e Eiglit iRelies iR I u eRI) iHelies sal111eR, ftlltl iRelles if telceH Fi o'ers, stree111s, Willow Lake (Whatcom County): July I through steellieetl) freFR Fi "ers, aRtl Iles, er f!eHtls October 31 season. Trout - catch and possession limit - one, s1rea111s, anti minimum length eighteen inches. Selective fishery regula- Iles, er f!eRtls. tions. *Wiltl sleellieatl release J11He I (WiRter's Lake Year are1 1REi seaseR.)) tlire11gli !'le, e1111!er ~ Wiser Lake ((Year are1 1REi seaseR.)) Bass - only bass less than twelve inches or over fifteen inches may be kept. taleli aHtl release ((RegieR IV. Walleye Fi, e EigliteeR TeR Rel FRere Deserit>tieR: That area ef the state eeRtftiReEi withiR the iHelies tliaR 11.e a.er ee1 1REiaries ef IslaREi, KiRg, SaR J1 1aR, Skagit, SRehemish, In eHI) fe11r aREi \llhateem ee1 1Rties, aREi that tJertieR ef Pieree Ce1 1Rt)' ffte'- east ef a liRe frem the me1 1th ef the ~1iSEj1 tally Ri·rer thre1 1gh '>lliitelisli FifteeH 0He eateli li111i1 DrayteR Passage, Pitt Passage, Carr IRlet, aREi the Taeema ~~ftrrews. l'le li111it !'le He !'le li111i1 All state wiEie aREi RegieR IV reg1:1latieRs (giYeR eelew) B11llfregs TeR !'le He 0He eateli li111i1 fttJtJly te all RegieR IV ·waters 1:1Rless StJeeifieally eJtemtJteEi *Nate: WlieR lislliHg n itli !!ail, all tre111 eq11al le er greater 11!11R ti! er emeREieEi By StJeeiaJ reg1:1JatieRS (JisteEi fer SetJftfftte waters FRiHi 11111FR sile ere eet1Hletl es f!arl ef tile tleil) eeteli liFRi aREi eategeries ef Vl'aters). "lietlier lcef!I er rele11Setl. Steellieetl FRa) Ile ee11glit anti releese RegieR IV reg1:1latieRs. Ot>eR seaseRs: . "liile 11siHg l!&it t1Hlil tile tleil) eateli li111i1 is retaiHetl. Wiler Lakes, tJeREis, aREi resen·eirs At>ril 28, 1992, thre1 1gh 11se ef !!sit is f!reliil!itetl I!) Sf!eeiel reg11letieHs, er ""lier 811ilieiel l11res er flies ere 11setl , el11Hlllfil), !isl! 1118) Ile releese Oeteeer 31, 1992, aREi At>ril 25, 1993, thre1:1gh Oeteeer 31, t1Hlil tile tleil) eeteli liFRit is ret&iHetl. If &H) !isl! lies s" elle n e 1993, 1 1Rless StJeeifieEi etherwise 1 1REier StJeeial reg1 1latieRs tile lieelc er is lieelcetl iR tile gill, e) e er leRgtte, it slietlltl I! Rivers, streams, ftREi eeaYer tJeREis J1 1Re l tlue1 1gh lcef!I if legal le tie se. Oeteeer 31 (eeth, 1992 aREi 1993), 1:1Rless StJeeifieEi etherwise StJeeial reg1:1latieRs. RegieR IV. Basie state wiEie aR1 1 1REier StJeeial reg1 1latieRs. ~light eles1 1re A1 1g1 1st l thre1 1gh regieRal reg1:1latieRs fttJtJI)' ts all waters exeetJt v1her Oeteeer 31. ffieEiifieEi iR StJeeiaJ reg1:1JatieRS Belew. *l'lete. See n'iltl steell!eetl releese Fetjt1ire111eRI t1Rtler "tre111 tl&il) eetel! liFRil" l!ele ,;, Alcler Lake (Reseneir) Year are1 1Rcl seeseR Cateh, size, eREi tJessessieR limits: The eateh limit fer AmerieaR Lake Year are1 1Rcl seaseR. FeecliRg (eh1 1m ke1 1t ea1 1ght iR either laltes er streaffis is ftR aggregate tetal miRg) tJef'fflittecl. ftREi m1:1st Ret exeeeEi eight. The fellewiRg retJreseRts geReral ARgle Laite Year are1 1Rcl seaseR eateh, size, aREi tJessessieR limits fer game fish (eefere fishiRg, eheek iREiiviEi1 1al waters listeEi 1 1REier StJeeial reg1 1la Baker Lake Tre1 1t Re 1ttere thaR three ever fu1:1rtee iRehes. FeecliRg (eh1:1mmiRg) tJermittecl. AR area tw tieRs fer eJteet>tieRs): h1 1RclreEi feet iR raEli1 1s ar01 1REI the tJl lmtJ cliseharge, at th s01:1th eRcl ef the lake is elesecl. BalliRger Lake Year ar01 1Rcl seaseR BarRaey Sle1 1gh Clesecl waters Permanent [ 172] Washington State Register, Issue 93-21 WSR 93-21-070 Bass Lake Year aro1 1R6 seasoR limit two, miRim1 1m leRgth fo1 1rteeR iRehes. Bait prohibit eth Beaff!BW Lake (Whateom Co1 1Rty) Tro1 1t eateh BREI f30SsessioR limit eRe, miRim1:1m leRgth eighteeR iRehes. From its mo1 1th to the LaRasb1 1rg Highv,.a;· BriElge Seleeti,·e fishery reg1:1lati0Rs. AElaitiOR8l Deeember 1 thro1 1gh last say of Febfl lary seaSOR BeaYer Lake (Skagit Ce1 1Rty) Year are1 1REI seasoR Tro1:1t eateh limit two, miRim1 1m leRgth fu1 1rtee1t iRehes fishiRg from aRy floatiRg Ele·,·iee f3rohibiteEI. FishiRg Big Bear Creek (trib1:1tary of Sammamish RiYer): 1 1Rlawfol bet·..,.eeR 7 00 f3.m. aREI 5 00 a.m. 'Nile steelheaa CleseEI waters. release. Big Bea .. ·er Creelt, from eloseEI water markers OR Ress From La1tElsb1 1rg ai .. ·ersiott aam 1 1pstream to Chester Lake Hf3Stream eRe q1 1arter mile CloseEI waters. Uf3stream Morse Resen·oir: Closed waters. from eRe q1 1arter mile markers, iRel1 1EliRg trib1 1tar;· streams, Chambers Bay BREI that f30rtioR of Maritte Area 13 aREI beaver f30REls that are trib1:1tary to Big BeaYer Creek: iRsitle a liRe from GorEIBR PeiRt to the Eloek at PioReer gra·~el J1 1ly 1 thre1 1gh Oeteber 31 seasoR; eateh BREI release ORiy, pit (seeeREI graYel pit apprmtimately 1.2 miles tterth of seleeth·e fishery reg1:1lati0Rs. Chambers Bay) J1 11te 1 thro1 1gh Oetober 31 seasoR Big Lake Year are1 1R6 seaseR Chambers Lake (withiR Ft. Lewis Military Resen•atioR): Biuer Lake Year aro1 1REI seaseR Tre1:1t eateh atta release ettly. SeleetiYe fishery reg1:1lati0Rs, BlaekmaR's Lake Year are1 1REI seaseR. Tro1 1t eateh eJteept eleetrie motors alleweEI. Cotttaet Ft. Le·w·is fer a laREI limit five. 1:1se f3ermit. Be1 1RElary Laite Year are1 1REI seaseR ChaplaiR Lake: CloseEI \'t'aters. Cle;· Pit Potts Year aro1 1Ra seaseR Bew Lake Year aro1 1R6 seaseR Bexley Creek (~ierth BeREI), from its me1:1th to the falls Clear Laite (Pieree Co1 1Rt;·) September 1 thro1 1gh J1 1Re leeateEI at Bf3f3reximately ri·,·ermile 0.9: CloseEI waters. 30 seasott. (CloseEI J1 1ly I thro1 1gh A1 1g1 1st 31.) FeeEliRg (eh1:1mmiRg) permitteEI. Boyle Lake (the iRlet BREI 01:1tlet are eleseEI waters): Tre1:1t eateh limit two, miRim1 1m leRgth fe1 1rteeR ittehes Clear Lake (Skagit Co1 1Rty) Year aro1 1REI seasoR Seleetive fisher;· reg1:1lati0Rs. Clo1 1gh Creek (North BeRa) CloseEI waters BriElges Lake (the iRlet BREI 01:1tlet are eleseEI waters): Clo\\u2022er Creek, 'HithiR the bo1:1Raaries of MeChorEI Air Tre1:1t eateh limit two, miRim1 1m leRgth fe1 1rteeR iRehes Poree Base Tro1 1t eateh limit oRe, miRim1:1m leRgth Seleeth·e fishery reg1:1lati0Rs. twelve ittehes. Seleeti,•e fishery reg1:1lati0Rs. Bryattt Lake Year aro1 1REI seaseR Coal Creek (trib1 1tary of Lake WashiRgtoR) Closes B1 1g Lake Year aro1 1REI seaseR wateffl:- CalligaR Lake J1 1Re 1 tffi"e1 1gh Oeteber 31 seasoR. All Coal Creek, (Rear SRoq1:1almie) from Highway 10 trib1 1t8l)' streams, aRtl the Hf3f3er thiffi of the 01 1tlet are eleseEI ElowRstream April 26, 1992, thro1 1gh Oetober 31, 1992, BREI Af3ril 25, 1993, thro1 1gh Oetober 31, 1993, seasoRs. Tro1 1t wtltefS7 RO miRim1 1m leRgth. foveRiles ottly (1 1REler fifteeR years Camf3bell Lake Year aro1 1REI seaseR ettlt.- CaRyeR Creek, (S.F. Stillag1 1amish Ri·«er) mo1 1th to Co1 11tt;· LiRe PeREls CloseEI 'Naters ferks J1 1Re 1 thro1 1gh last Ela;· of Febrnar;· seasott. Tro1 1t eateh limit t·uo, miRim1 1m leRgth fe1 1rtee1t iRehes Crattberry Lake (Islatte Co1 1Rt;·) Year aro1 1REI seasoR CarbeR River, from its mo1:1th to the Highway 162 Dakota Creek foRe I tluo1 1gk last Eley of Febr1 1ar;• BriElge foRe 1 thre1 1gh JaR1 1ary 31 seasett. Tro1 1t eateh seaseR. Tro1:1t eateh limit two, mi1tim1 1m leRgth fe1 1rteeR limit two, miRim1 1m leRgth fe1 1rteeR iRehes. AEIElitiottal ffieheS:. febrnary 1 thro1 1gh Mareh 31 seaseR SeleetiYe fisher; Day Creek, mo1 1tk to De;• Lake Tro1 1t eateh limit reg1:1lati0Rs. Wile steelheaEI release. two, miRim1 1m lettgth fe1 1rteeR ittehes CaseaEle River foRe 1 thro1 1gh last Ela;· of Feernar; De Co1 1rse;· PoREI J1 1veRiles ettly (1 1REler fifteeR years seasoR. Tro1:1t eateh limit two, miRim1 1m leRgth fo1 1rtee1t eWt.- ~ Deer Creek aREI Little Deer Creek (trib1:1taries to ~forth Nete: Tile eFee fFBltl tile Reel<pBFt Cesee!le Ree!! BFi!lge IB tile 111e1111l fork Stillag1 1amisk) Closet! waters is elese!I J1111e I tllFe11gll 8eptemlleF 30. Desire, Lake Year aro1 11te seasott CassiEly Lake Year aro1 1REI seasett Diablo Lake Year aro1 11t6 seasoR CaYaRa1 1gh Lake FeeEliRg (eh1 1mmi1tg) f3ermittea Deloff Lake Af3ril 26, 1992, tkre1 1gh Ne·,•ember 30, Ceaar Ri·,•er, from its mo1 1th to the La1tElse1 1rg aiYersioR 1992, BREI Af3ril 25, 1993, tkro1:1gh NeYember 30, 1993, Elam foRe 15 thre1 1gh Sef3tember I seasott. Tro1 1t eateh seasoRs. D1 1g1 1alla Bay (Lake) Year aro1 1REI seasott [ 173] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 Eagle Lakes (Big aRs Little): Closes waters. Greew;,.ater RiYer, from mo1:1tk to GreeRwater Lakes: Tro1:1t eatek limit Ebey Laite Fly fiskiRg ORI)'. Tro1 1t two, miRim1:1m leRgtfi t·t't'eh·e iRefies. eatek limit ORe, miRim1:1m leRgtk eigkteeR iRekes. Bait fJrofiieites. Eeko GleR PoRs Year aro1 1Rs seasoR Haller Lake Year aro1 1Rs seasoR ~lete: ~le J!ttlllie 11eeess. (Stele eeffeetie11s faeilil~'.) HaReoek Laite Jl IRe I tkro1 1gk Oeteeer 31 seasoR. All trie1 1taF)' streams aRd tfie l lflfleF tkir6 of tfie 01 1tlet are eloses Eeko Lake (SRokomisk Co1 1Rt)', Rear Malta)·) SefJtem wateffl7 eer 1 tkro1 1gk J1 1Re 30 seasoR. (Closes J1 1ly 1 tkro1 1gk A1 1g1 1st 31.) HarrisoR PoRs: Closed ·waters. Egg Lake (SaR J1 1aR Co1 1Rty) Year aro1 1Rs seasoR Hart Lake (Pieree Co1 1Rt)•) Year aro1 1Rd seasoR Faz oR Lake Feefl lary 1 tkro1 1gk Oetoeer 31 seasoR Heart Lake Skagit Co1 1Rty, Rear ARaeortes) Aflril 26, CkaRRel eatfisk flOSsessioR limit two. 1992, tfiro1 1gk J1 1ly 31, 1992, aRs Aflril 25, 1993, tkro1 1gk J1:1l)' 31, 1993, seasoRs. FeRwiek Lake (KiRg Co1 1Rty) Year aro1 1Rs seasoR Hoz omeeR Lake (Wfiateom Co1 1Rt)·) J1 1Re I tkro1 1gk FiRsley Lake: Closes · .... aters. Oeteeer 31 seasoR. FiRRey Creek (Skagit Rh·er), from its mo1:1tk to falls: H1 1FHmel Lake Year aro1 1Rs seasoR Tro1:1t eatek limit two, miRim1 1m leRgtk fo1 1rteeR iRekes Issaq1 1ak Creek Closes waters Fisher Slo1 1gk From mo1 1tk to Highway 530 Brisge Year aro1:1Rs seasoR. Tro1:1t eatek limit two, miRim1:1m JeRRiRgs Park PoRs J1 1\'eRiles ORI)' (1 1Rder fifteeR )'ears leRgtk fo1:1rteeR iRekes eRtire seasoR. UfJstream from eWt- Highway 530 Brisge Jl IRe I tkro1 1gk Oetoeer 31 seasoR JoARSOR Creek (Wfiateom Ce1:1Rt)'), froFH ~fortkern Tro1:1t eatek limit two, miRim1 1m leRgtk fo1 1rteeR iRekes Paeifie Railroas traeks to tke Lav.·soR Street footeridge iR FisktrafJ Creek (Wkateom Co1 1Rt)·) From Kok Roas to S1 1FHas J1 1•ieRiles ORI)' (1 1Rder fifteeR years els). BeRser Reas Jl IRe 15 tkro1 1gk Oetoeer 31 seasoR. J1 1.,·e K Mart Lake Year aro1 1Rs seasoR Riles ORiy (1:1Rser fifteeR years ols). KafJOWSiR Lake Year aro1 1Rs seasoR FlowiRg Lake Year aro1 1Rs seasoR Keevies Lake Year aro1 1Rs seasoR FortsoR Mill PoRs #2 Jl lveRiles ORI)' (1 1Rser fifteeR )'ears ols). Kelsey Creek (trie1 1tary of Lake \l/asfiiHgtoR) Closed wateffl7 Gisseerg PoRss Year aro1 1Rs seasoR Killaniey Lake Year aro1 1Rs seasoR GooswiR Laite Year aro1 1Rs seasoR. FeediRg (ek1 1m miRg) fJermittes. KiFHeall Creek (Rear SRoq1 1almie) Aflril 26, 1992, H1ro1 1gh Oetoeer 31, 1992, aRs Aflril 25, 1993, tfiro1 1gfi GreeR Laite (KiRg Co1 1Rty) Year aro1 1Rs seasoR Oetoeer 31, 1993, seasoRs. Tro1:1t Ro miRiFH1:1m leRgtk. GreeR Lake (Wkateom Co1 1Rty) Year aro1 1Rs seasoR J1 1·reRiles oRly (1 1Reer fifteeR years ole) GreeR (D1 1wamisk) RiYer, from its mo1 1tk to tke First KiRgs Lake (KiRg Co1 1Rty) Closed waters A't'eR1 1e Brisge Year aro1 1Rs seasoR. Tro1 1t eatek limit Kla1 1s Lake (the iRlet aRs 01 1tlet to first We)'erfiae1 1ser two, miRim1 1m leRgtk fo1 1rteeR iRekes. It is 1 1Rlawfol to fisk Sfll lr are elosee waters) Tro1 1t eateh limit t·1,·o, miRiFH1:1m witk more tkaR oRe siRgle kook OR siRkiRg artifieial l1:1res; or leRgtfi fo1 1rteeR iRekes. Seleeti't'e fishery reg1 1lati0Rs '""itA Jeass, weigAtS, OF SiRkers Jess tASR tweh·e iReAeS aeo,•e or below tke l1:1re or bait. Lake 'NasfiiRgtoR Skifl CaRal: See WasfiiRgtoR, Lake; URiOR, Lake; Portage Ba)' aRd SalFHoR Bay. From tke First A't'eR1:1e Brisge to Taeoma Heasworks Dam J1 1Re 15 tkro1 1gk last say of Feer1 1aF)' seasoR. Tro1 1t Little Bear Creek (trie1:1tar)' of Sammamish RiYer): eatek limit t'"''O, miRim1 1m leRgtk fo1 1rteeR iRekes. FiskiRg Closed waters. from SR)' floatiRg seYiee flFOAieited ~fo .. •emeer 1 tAro1:1gfi last Little CraReeFF)' Lake Year aro1 1Rs seasoR SS)' of Feer1 1ar)' seasoR. ~fote Area from tfie A1 1e1 1rR Blaek DiamoRs Bridge sowRstream to tfie 8tk St. N.E. Brisge iR LoRe Lake Year aro1 1Rs seasoR A1 1e1 1rR is eloses SefJtemeer I tkro1 1gk Oetoeer 15 aRs area Lost Lake (SRofiomisfi Co1 1Rt)·) SefJtemeer I thro1 1gh from tfie A1 1e1 1rn Blaek DiamoRs Bridge sowRstream to tfie J1 1Re 30 seasoR. (Closes J1 1l)' I thro1 1gk A1 1g1 1st 31.) Higfiway 18 Brisge is elosed SefJteFHeer I tfiro1:1gfi Oetoeer -3-1-:- L1 1eas Slo1 1gh Closed waters Maree! Lake Year aro1 1Rs seasoR From tke First A't'eR1:1e Brisge to tfie Taeoma Heasworks Dam AssitioRal Marefi I tfiro1 1gfi Marefi 31 MariRe areas: (See fl&ge ... ). seasoR. Tro1:1t eatefi limit two, miRim1 1m leRgtfi fo1 1rteeR Martfia Lake ('Narm Beaefi) Year aro1 1Rd seasoR iRekes. \l/ils steelkeas release. FisfiiRg from aRy floatiRg seYiee fJFofiieites. Ma)' Creek (trie1 1taF)' of Lake V/ashiRgtoR) Closed waters:- Permanent [ 174 I Washington State Register, Issue 93-21 WSR 93-21-070 Mereer Sl01 1gk (tris1 1tary of Lal<e WaskiRgtoR) Closed Pilekuek Creek, ffiOutk to Highway 9 Bridge: JuRe 1 WftterS-:- through No;•effiser 30 seesoR. Trout eatek liffiit two, Mill PoRd (A1 1s1 1rn) J1 1YeRiles oRI)· (1 1Rder fifteeR )'ears ffiiRiffil:lffi leRgtk fourteeR iRekes. Bait flFOkisited. AdditioR al Deeeffiser 1 through last day of Fesrnary seasoR. Trout eJet.. eatek liffiit two, ffiiRiffil lffi leRgtk fo1 1rteeR iRekes MiRkler Lake (Skagit Co1 1Rty) Year aro1 1Rd seasoR Pilekuek Ri;·er, its eRtire leRgtk: Closed Marek l MortoR Lake: Seflteffiser 1 through JuRe 30 seasoR. tkro1:1gk ~foveffiser 30. (Closed July 1 through August 31.) Froffi its ffioutk to fiye k1:1Rdred feet do·.vRstreaffi froffi Muek Creek aRd trisutaries (witkiR Ft. Lewis Militar)' the SRokoffiisk City diYersioR daffi Deeeffiser 1 tkro1 1gk last ReservatioR): Trout eatek aRd release ORI)'. Seleeti;·e day of Fesruary seasoR. Tro1:1t eatek liffiit two, ffiiRiffi1:1ffi fishery regulatioRs. CoRtaet ft. Lewis for a laRd use flermit. leRgtk fourteeR iRekes. fiskiRg froffi aRy floatiRg de·f'iee Mud Lake (Skagit CouRty) Year aro1 1Rd seasoR flrokisited. M1 1d Lake (Wkateoffi Co1 1Rty, Rear DeffiiRg) Year Piflers Creek (Carkeek Creek), from its ffioutk to arouRd seasoR. · eoRerete euh•ert adjaeeRt the Metro fllaRt (iRel1 1diRg VeReffia Creek) Closed ·waters. Mudd Lake (lslaRd Co1 1Rty) Year arouRd seasoR Froffi eoRerete euh·ert adjaeeRt the Metro fllaRt to Nev.· Mire Creek (trisutar)' of Lake Sawyer): Aflril 26, souree: Aflril 26, 1992, through Oetoser 31, 1992, aRd Af'!ril 1992, through Oetoser 31, 1992, aRd Aflril 25, 1993, thro1:1gk 25, 1993, tkro1:1gk Oetoser 31, 1993, seasoRs. Trout Ro Oetoser 31, 1993, seasoRs. JuveRiles oRI)' (uRder fifteeR ffiiRiffil:lffi leRgtk. Ju·,•eRiles ORiy (uRder fifteeR years old). )'ears old). PoRdilla PoRd: Year arouRd seasoR. :Newkaleffi PoRds: Closed '"''aters. Portage Bay Year arouRd seasoR. feediRg (ekuffi Nisquall)· River See RegioR VI. ffiiRg) flerffiitted. Nooksaek RiYer, all trisutary streaffis to the Nooksaek Pratt River (trisutary to Middle Fork SRoq1:1alffiie): RiYer systeffi J1 1Re 15 through Oetoser 31 seasoR Catek aRd release ORI)·, aRd seleefr1e fiskef)' regulatioRs. ~looksaek RiYer ffioutk to forks, Middle Fork to Dam. Puyallufl River, froffi its ffi01:1tk to the EleetroR flOWer forth Fork to ~fooksaek Falls JuRe 15 through Marek 31 fllaRt outlet J1 1Re l through JaR1 1ary 31 seasoR. Trout seasoR. Tro1:1t eatek liffiit two, ffiiRiffil:lffi leRgtk fourteeR eatek limit two, miRiffiUffi leRgtk fourteeR iRckes. iRekes. Wild steelkead release. FisffiRg ffoffi seats equiflfled with motors flrokisited OR the ~forth aRd Middle :Forks From its ffiOl:ltk to the Soldier's Hoffie Bridge iR OrtiRg: ~fo;•effiser 1 through Marek 31. AdditioRal fesruary 1 tkro1:1gk Marek 31 seasoR. Trout catek liffiit two, miRimum leRgtk fourteeR iRckes. Wild South Fork, from its ffioutk to souree JuRe 15 tkro1 1gk steelkead release. Oetoser 31 seasoR. Trout eatek liffiit two, ffiiRiffil:lffi leRgtk fourteeR iRekes. Wild steelkead release, aRd seleetiYe RagiRg River, from its mouth to the Highway 18 Bridge fishery regulatioRs. three ffiiles UflStreaffi from PrestoR) Jl !Re I tkro1 1gk last da)' of fesruary seasoR. Tro1:1t eatck liffiit two, miRiffium Froffi its ffio1 1tk to Skookum Creek AdditioRal No;•em leRgtk fo1:1rteeR iRekes. ser I through Marek 31 seasoR. Trout eatek liffiit two, ffiiRimuffi leRgtk fourteeR iRekes. Wild steelkead release. RattlesRake Lake SelectiYe fishery reg1 1lati0Rs, exceflt eleetric motors allo'tYed. FiskiRg froffi seats equiflfled with ffiOtors flrokisited. North Creek (trisutary of Lake Sammaffiisk Ri;·er): RaveRsdale Laite: Trout eatck limit two, m1R1muffi Closed waters. leRgtk twelve iRckes. Selective fisher)' regulatioRs. NortkerR State Hosflital PoRd JuYeRiles ORiy (uRder Ridle)' Lake ('.Vkateom Co1 1Rty) Jl ll)' I tkro1 1gk fifteeR years old). Octoser 31 seasoR. Tro1:1t eatck aRd flOSsessioR liffiit oRe, miRim1:1m leRgtk eigkteeR iRehes. Selective fisher)' regula Okofl Lake: Year arouRd seasoR. tffltts.,. Old FiskiRg Hole PoRd (KeRt): JuveRiles ORI)• (uRder Reek Creek (selow LaRdssurg): Closed waters. fifteeR years old). Roesiger Lake: Year arouRd seasoR. PaddeR Lake: IRternal eomsustioR eRgiRes flFORisited. Ross Lake (ReserYoir) July I tkro1 1gh Oetoser 31 Pass Lake Year arouRd seasoR. Tro1 1t eatek limit seasoR. Tro1:1t catch limit three, flOSsessioR liffiit sii<, oRe, miRimuffi leRgtk eigkteeR iRekes. Fly fisliiRg ORiy, ffiiRim1:1!fl leRgth tkirteeR iRches. Bait flrohisited. sarsless kook. Ne1e: Tke fella ii iRg trilnttaries te Ress Lal1e are elesetl freFR tke PetersoR Lake: Year arouRd seasoR. elesetl ii aler FRarlcers Rear lkeir FRe111ks tlf!SlreaFR Ike tlislaRee iRtliealetl. Big Bea. er Creelc (see Sf!eeial reg11la1ieR fer Big PkiliflflB Creek (trisutary to ~1.F. SRoqualmie RiYer): Bea1er Creek), Rt1B)' Creek. eRlire strealfl. All etker trili11taries Closed waters. 6Re FRile. r i1s 1 Permanent WSR 93-21-070 Washington State Register, Issue 93-21 Ress Lake Trietttar)· Streaffls Ret listea as elesea: July Shae)' Lake: JHRe 1 through July 4 aR6 Sevteffleer l l threttgh Oeteeer 31 seaseR. through Oeteeer 31 seasoRs. TreHt eateh lifflit fettr, RE fflOre thaR eRe eYer twelve iRehes. SalHteR Ba)·, all waters freffl the ChitteRaeR Leeks (iR Ballare) ttf!streaffl (east) te the FreffloRt Bridge: July 1 , ShaRReR, Lake: Trettt Re ff!Ore thaR three o'•er sixteer threttgh last ea)· ef Feemary seaseR. Trettt Re fflere thaR iRehes. FeeaiRg (ehHfflffliRg) f!erfflittea. hYe e¥er tweRty iRehes. Wi16 steelheaa release. Sheeeraft Lalce: Year arettRB seasoR. SalffleR Bay, freffl the east eRa ef the Herth wiRg wall Si1¥er Lake (IslaRa CettRty): Year arottRa seaseR. ef the ChitteRaeR Leeks te a liRe af!f!roicifflately eRe httR6re6 seYeRty fi¥e feet sea·wara ef, aR6 flarallel te the railreaa Skagit Ri,•er, froffl its fflettth te the Mefflorial Highwa) eriage, ftRS whieh fliRS thf:ettgh the weeaeR to•wer strttetttre Briege (Highwa)' 536 at Mt. VerReR): Year arettR6 seaseR Rear the settth shere: Deeeffleer l threttgh last say ef TroHt eateh lifflit twe, ffliRifflttffl leRgth feHrteeR iRehes Feemary seaseR. Trettt eateh lifflit twe, ffliRifflttffl leRgth RetaiRiRg steelheaa O'v'er tweRty iRehes iR leRgth is vrehieit tweh·e iRehes. Wi16 steelheaa release. It is ttRlawfttl te fish eel freffl Aflril l threttgh May 31. (See Fisher Slettgh.) with fflere thaR eRe heelc eR siRkiRg artifieial lttres; er with Freffl Mefflorial Highway Briage (Highway 536 at Mt leaas, weights, er siRkers less thaR hYeh•e iRehes aee¥e er VerneR) ttf!streaffl te Gorge Powerhettse at 'P'lewhaleffl: JttRE eelew the lttre er eait. FishiRg freffl aRy tleatiRg ae•riee 1 threttgh last say of Feerttary seaseR. TreHt eateh liFRi f!rehieitea. This area is elesea Mareh I threttgh 'P'leYeffleer twe, ffliRiFRHffl leRgth fettrteeR iRehes. 30. See alse 6ef!artffleRt ef fisheries' regttlatieRs. FreFR the Gerge PowerheHse te Gorge Daffi: Closec SaHtish, Lake: Year arettR6 seasoR. FeeaiRg (ehttffl waters-: ffliRg) f!effflittea. Freffl Mefflerial Highway Briage (Highway 536 at Mt SaHtish Ri·rer, freffl its fflettth to the 016 Highway 99 VernoR) te viveliRe eressiRg at Seare Weelley: A66itieR8 Briage aRa freffl the eef!artffleRt ef fisheries' raek te the Mareh 1 threttgh Mareh 31 seaseR. Trettt eateh liFRit HiekseR Briage: JttRe 1 threttgh Mareh 31 seaseR. Trettt two, ffliRifflHffl leRgth fettrteeR iRehes. eateh lifflit twe, ffliRifflttffl leRgth fettrteeR iRehes. Deeeffl eer 1 threttgh Mareh 31 wile steelheaa release. Note: Freffl viveliRe eressiRg at Seare ',\'eelley to fflottth e Clesea freffl Highway 99 Briage te aevartffleRt ef fisheries' BaeeR Creek: A66itieRal Mareh 1 through Mareh 15 seaseR salffleR raek. Trottt eateh lifflit twe, FRiRiFRttffl leRgth fettrteeR iRehes -P.fote: Clesea waters freffl the vif!eliRe erossiRg at Searc Safflfflafflish Lake: Year arettR6 seaseR. Trettt Re Weelley to the Dalles Briage at CeRerete Mareh 1 €1 tkrottgt fflere thaR three eyer fettrteeR iRehes er t·..,•e ever tweRt)' May 31. iRehes. KekaRee ffla)' Ret ee kevt. Bass aaily eateh lifflit fi¥e, Ret fflere thaR three ever fifteeR iRehes, Re ffliRifflttffl Froffl tke Dalles Briage at CeRerete to tke fflettth e- size lifflit, aR6 f!essessioR lifflit teR, Rot fflore thaR siit eyer BaeoR Creek: A66itioRal Mareh 16 threttgh Avril 30 seasoR fifteeR iRehes. Catek aRa release ORI)', BRB seleetive fisher)' regttlatioRs exeevt lawfttl to fisk froffl 8 eeat with fflOtor Slit ROt while Safflfflafflish RiYer (Slettgh), freffl the 68th AveRtte N.E. HRSer vower. Briege te Lake Sftfflfflafflish: JttRe 1 threttgh Attgttst 31 aRa Deeeff!eer 1 threttgh last say ef FeerHary seaseRS. Trettt Skykofflisk River, froFR its fflOttth te FReHth of Sttltar eateh lifflit twe, ffliRifflttffl leRgth tvieRty iRehes. Wile River: JttRe 1 through last BB)' ef Feemary seaseR. Trott steelheaa release. All tributaries are elesea. eateh lifflit twe, ffliRifflttFR leRgth fettrteeR iRehes. FishiR! froffl aR)' floatiRg aeYiee vrokieitea 'P'loYefflber I throttgh las Sattk River, freffl its fflettth te the fflettth ef the White Sa)' ef FebrHar)' freffl the eoat rBfflV below Lewis Stree Chttek RiYer: JttRe 15 threttgh last ea)' ef Feernary seaseR. Briage at MoRree aowRstreaFR two thottsaRa fiye hHRarec Trettt eateh lifflit hve, ffliRifflttffl leRgth futtrteeR iRehes. feet. A66itioRal Mareh I tkrettgk Avril 30 seasoR: TroHt JttRe 15 threttgh Oeteeer 31 wile steelheaa release. eatek aRa release eRly, BRS seleetiYe fishery regttlatieRs Freffl the fflettth ef the 'Nhite Chttek Rh•er to heaawa FishiRg froffl aRy fleatiRg ae,•iee f!rohieitea froffl the boa ters, iRelttaiRg 'P'forth aR6 Settth Perks: Trettt eateh lifflit FflFRV below Lewis Street Briege at MoRree clewRstreaFR twc twe, ffliRifflttffl leRgth fettrteeR iRehes. Bait vrehieitea. theHS8RS five httR6re6 feet. Freffl its fflettth te the DarriRgtoR Briage: A66itieRal Froffl the FROHth of tke SHltaR Ri·,•er to the ferks: JttRc Mareh 1 threttgh Avril 30 seaseR. Cateh BRB release eRly, I throHgh Mareh 31 seasoR. Trottt eateh lifflit two BRS seleeti,•e fishery regttlatieRs. FRiRifflttffl leRgth fettrteeR iRehes. Wile steelheacl release Mareh I through Mareh 31. FishiRg froffl BR)' fleatiRl Sawyer, Lake: Year arettR6 seaseR. FeeaiRg (ehttffl cleviee f!Fehieitea iR the area oRe thottsaRa five httR6re6 fee ffliRg) verfflittea. HVStreaFR 8RS ORe theHS8Rcl feet SOWRStreaFR ef the etttlet 8 Seqttallitehevi Lalce: JttRe I throHgh Oetoeer 31 seaseR. SkykoFRish ReariRg PeRas aRcl that saffle area is elesea tc CeRtaet Ft. Lewis fer laRS ttse verFRit. fiskiRg JHRe I to 8:00 a.FR. Attgttst I. SereRe, Lake: Sef!teffleer I threttgh JttRe 30 seaseR. Skykofflish Ri,•er, North Fork, froffl its FROttth to ORI (Clesea July 1 threttgh Attgttst 31.) thottsaRa feet aewRstreaffl froffl Bear Creek Falls: JttRe I threttgk last ea)' of Feernar)' seasoR. TroHt eateh lifflit twe, FRiRiFRHffl leRgth fottrteeR iRehes. Wile steelheac Permanent [ 176] Washington State Register, Issue 93-21 WSR 93-21-070 release. Closee waters from oRe d101:1saREI feet below Bear Steilaeoom Lal<e Year aro1 1Rd seasoR Creek Falls to ORe tho1:1saREI feet abo;·e Bear Creek Falls. Stetattle Creek, from its ffi01:1th for oRe aREI oRe half From oRe tho1 1saREI feet l lf!Slream of Bear Creek Falls to miles l lf!Slream, to mo1 1th of Btteket Creek Closee waters heaewaters Tro1 1t eateh limit t·w·o, FRiAim1:1FR leAgth fo1:1rteeR iRehes. Bait f!Fohibitee. Ste·,·eRs, Lake Year aro1 1REI seasoR. FeeeiRg (eh1 1m miRg) f!effflitteEI. Bass f!OssessioR limit oRe over eighteeR Skykomish River, So1 1th Fork, from its FR01 1th to six ffiehe!r.. h1 1RElreEI feet ElowAstream from the S1 1Rset Falls Fishway J1 1Re l thro1 1gh last Elay of Febr1 1ar)' seasoR. Tro1 1t eateh Stillag1 1amish River, aRd all slo1 1ghs, ElowRstream of limit two, miRim1 1m leRgth fo1 1rteeR iRehes. Wile steelheae Warm Beaeh StaRwooEI Highv,.ay Year aro1 1REI seasoR release. Closee waters froFR S1:1Rset Falls Fishway to a f!OiRt Tro1:1t eateh limit two, miAim1 1m leRgd1 fo1 1rteeR iRehes six h1:1RElreEI feet EloviRstream of the fish·;'+'B)'. Stillag1 1amish RiYer, 1 1vsti e11m from the \\'afffl Beaeh From S1 1Rset Falls to so1 1ree Tro1 1t eateh limit two, StaRwood Highway to the forks (eiteevt Harve)' Creek, FRiRim1 1m leRgth fo1 1rteeft iRehes. Bait f!FOhilliteEI. AEIElitioR PioReer PoREls, aRd Portage Creek are elosee) J1 1Re 1 al ~i oveFRber l thro1 1gh last Elay of Febrnar)' seasoR for thro1 1gh Marek 31 seasoR. TF01 1t eateh limit two, mtRt whitefish ORiy. m1 1m leRgth fo1 1rteeR iRehes. Closee waters from the barrier dam (dowAstreaffi of I 5) Elow11stream two h1:1RdreEI feet. SRohomish Ri\·er, all ehaRRels, slo1:1ghs, aRtl iRtereoR Reetetl ·..,.atenvays (exel1 1tliRg all trib1 1taries) From P1 1get Stillag1 1amish RiYer, North Pork, from its mo1 1th to So1 1Rtl to Highwa)' 529 Year aro1 1Rtl seasoR. Tro1 1t eateh Sweee HeaYeR Briege Year aro1 1REI seasoR. Tro1 1t eateh liFRit two, FRiRim1 1FR leRgth fo1 1rteeR iRehes limit two, mi11im1:1m leRgth fottrteeR iRehes. FishiRg from SR)' floatiRg deviee f!rOhibitee l:lf!Slream of the Highway 530 FroFR Highway 529 l lf!Stream (all ehaRRels) J1 1Re 1 Bridge at mile vost 28.8 (Cieero Briege). Mareh I thro1:1gh thro1 1gh Marek 31 seasoR. Tro1 1t eateh limit two, miRi NoYember 30 wild steelheae release. Fly fishi11g 0111)' Avril m1 1m leRgth fo1 1rteeR iRehes 16 tkro1:1gh ~fo,•emaer 30. SRoq1 1almie River, from its mo1 1th to the falls J1 1Re 1 Stillag1 1amish RiYer, So1 1th Perl<, from its mo1 1th to fo1 1r thro1 1gh Mareh 31 seasoR. Tro1 1t eateh limit two, m1R1 h1 1Rdree feet ElowRstream of the 01 1tlet to fishway at GraRite m1 1m leRgth fo1 1rteeR iRehes. J1 1Re l thro1 1gh November 30 Falls J1 rne l thro1 1gh last of Febreary seasoH. Tro1 1t eateh bait f!rohibitetl. FishiRg from aRy floatiRg Eleviee f!rohibitee limit t·..,.o, mi11im1 1m leRgth fo1 1rteeR iRehes. ~fote Closee November I thro1 1gh Marek 31 from the mo1 1th of Tolrnl from Mt. LOOf! Highw11y briege aboYe GraRite Falls tlowR Creek ElowRstream to boat ramf! at Pl1 1mb aeeess, abo1 1t oRe stream to a f!OiRt fot ff h1 1Rtlretl feet below the 01 1tlet of the q1 1arter mile. ~fote Waters withiR the P1 1get Power tl IRRel eREI of the fishway. at the falls are elosee. Stiteh L11ke Year aro1 1Rd seasoA From SRoq1 1almie Falls, iRel1 1tliRg the ~i orth aRtl So1 1th Forks Tro1 1t eateh limit two, miRim1:1m leRgth teft iflehes. St1 1ek RiYer See 'Nhite River Bait f!rohibitee. AEltlitioRal No'+'eFRber 1 thro1:1gh last Elay of S1 1ltaR Rh·er, from its mo1 1th to a f!OiRt fo1 1r h1 1Rtlretl Febr1:1af)' seasoR for whitefish ORiy. feet ElowRstream from the EliYersioR Elam at ri\\u2022er mile 16: J1 1Re I thro1 1gh last day of Febr1 1ary seasoR. Tro1 1t MiEIElle Fork SRoq1 1almie from mo1 1th to so1 1ree iRel1 1EI eateh limit two, miflim1 1m leRgth fo1 1f4eeA iAehes. Note North iRg all trib1 1taries Cateh aREI release oRly, aREI seleeti·,•e BREI So1:1th Forks are elosee to fishiRg. fishery reg1:1lati0Rs. Soos Creek, from mo1 1th to salmoR hatehery raek J1 1Re S1 1RSB)' Creek (trib1 1tar)' to HF. SRoq1 1almie River) Closed waters. I thro1 1gh A1 1g1 1st 31 seasoR. Tro1 1t eateh limit two, miRim1 1m leRgth fo1 1rteeR iRehes S1 1REIB)' Lake (SRohomish Co1 1111y) Year aro1 1REI see50R So1:1th Prairie Creek, elosee ElowRstream from Page Swamv Creek (trib1 1taf)' to Sammamish RiYer) Closetl Creek to its mo1:1th. wateffl7 Sf!aEla Lake (Resep.•oir) Tro1 1t eateh limit fi·,·e, TaR'+'+'ElJt Lake Year aro1 1REI seasoR miRim1:1m leRgth twelve iRehes. Bait f!FOhibiteEI. IRternal TBf!f!S Lake (Reservoir) aREI iAtake eaRal Of!eR area eoma1 1stioR eRgiRes f!rohiaited. Note All tria1 1taries to lake iRel1 1Eles iRtake eaAal to withiR fo1 1r h1 1RElreEI feet of the are elosee to fishiRg. sereeR at DiRgle BasiA Year aro1 1AEI seasoR Sf!BRaway Lake, aREI its 01:1tlet tlowRstream to the dam Tate Creek (tria1 1tary to N.F. SRoq1 1almie Ri;·er) af!f!rollimately 800 feet) Year aro1 1REI seasoR Closed waters. Sf!ortsmaR's Lake Year aro1 1Rtl seasoR Taylor Ri,·er (tria1 1taf)' to the Middle Fork SRoq1 1almie) Sq1 1alie1 1m Creek, mo1 1th to 01 1tlet of B1 1g Lake Cateh aRtl release oAly, BREI seleetive fishef)' reg1:1lati0Rs. AtltlitioRal No·,•ember 1 thro1 1gh last tlay of Febr1 1af)' seasoR TeRRBRt Lake Year aro1 1AEI seasoR. FishiRg from BR)' Tro1:1t eateh limit two. miRim1 1m leRgth fo1 1rteeR iRehes floatiAg Eleviee 13roltibitea from Oetoller 13 thro1 1gh JaR1 1ary Sq1 1alie1 1m Lake Year aro1 1Rd seasoR. Tro1 1t eateh +s.:. limit two. Fly fishiRg oRly. [ 177] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 Terrell, Lake Ye8f aFettttt l seasett. Pishittg fFem atty KekaHee/seekeye tiHSer twettty ittehes will ee eeHsieeree fleatittg t:leviee VFehieitee fFem Oeteeer 13 thFettgh JattttBr)' lcekaHee aHe ttttt:ler the jttFiseietieH ef the eevaFtmeHt ef 15 eJteevt fishittg fFem fleatittg seek veffflittee. wilelife while these tweHt)' iHehes aHS e•t'eF will ee eeHsie eret l seekeye salmeH aHe ttHt leF the jttriseietieH ef the TherttteH Creek (tFietttal)' te Lake \Vashittgtett): Clesee eevartmeHt ef fisheries. Bass eaily eateh limit five, H0t Wftteffi7 mere thaH tlll'ee e•t'eF fifteeH iHehes, He miHimttm size limit, Tieeetts Creek (tFietttftf)' te Lake Sammamish): Clesee aHe vessessieH limit tett, Het meFe thaH silt eveF fifteett Wftteffi7 ffieftes.,. Tekttl Creek, frem its mettth te the vestee eaele Whateem CFeek, mettth te stefte eriege at Whateem eettHSBry m8fkeF )eeatee 8flVF0itimately se•,·ett httttt:lree feet Palls Parle Jtttte 1 threttgh last say ef feerttaFy seaseH. ttvstream ef the mettth: DeeemeeF 1 threttgh MaFeh 31 Trettt eateh limit t·t't'e, mittimttm lettgth futtFteeH iHehes. seasett. Trettt eateh limit twe, mittimttm lettgth fettFteeH Prem steHe eriege lit 'Nhateem Falls Park tiVStFeam te ittehes. This area is elesee eaily frem 5 00 v.m. te 7 00 a.m Lake Whateem: Avril 26, 1992, threttgh OeteeeF 31, 1992, Prem the vestee eaele eettttt:lal)' marker leeatee 8flvrexi aHa Avril 25, 1993, threttgh OeteeeF 31, 1993, seasetts. mately sevett httttt:lree feet ttvstream ef the mettth te the Trettt He miHimttm leHgth. JttveHiles eHly (ttHaer fifteeH Failreae trestle: Clesee te all fishittg. years els). Telt RiveF, fFem its mettth te the USGS tFelley eaele at \Vhateem, Lake: Trettt He meFe thaH ette eYer the eettflttettee ef the ~rerth attt l Settth Perks Jtttte 1 fettrteeH i He hes. Peeai Hg (ehttmmi Hg) veFmittea. (All threttgh last say ef PeeFtt8fY seasett. Trettt eateh limit tFiettt8fies are eiesea te fishiHg, liHS, iH aaaitieH, that VSFtieH twe, mittimttm lettgth fottrteett iHehes. Jtttte I thFettgh ef Lake 'Nhateem eetvt'eeH the Eleetrie AYeHtte Briage aHa ~le•remeeF 30 eait vrehieitee. the etttlet eam.) Prem the USGS tFelley eaele te the mettth ef Yellew 'Nhistle Lake (Skagit CettHty): YeaF arettHa seaseH. Creek SH the ~leFth PeFk, aHS te the eam SH the Settth Perle White (Stttek) RiYeF, frem mettth te Highway 410 Cleset:l wateFs. Briage at Btteldey: Trettt eateh limit twe, m1H1mttm ~feFth FeFk aeeYe Yellew CFeelc TFettt eateh liHS leHgth twelve ittehes. ~fete: Pttget PeweF eaHal, iHelttaiHg Felease ettly, seleetive fisheFy FegttlatieHs. the SereeH eyvass ehaHHe), is e)esea te fishiHg aeeve the Settth PeFk aeeve the eam: TFettt eateh limit twe, sereeH at DiHgle BasiH. miHimttm leHgth teH iHehes. Bait vrehieitee. Prem the Weyerhaettser 6000 Reaa Briage (Briage Tye RiYeF: TFettt eateh limit twe, mittimttm leHgth Camv) te its settree: AaaitieHal NevemeeF 1 threttgh fettFteeft iHehes. Bait vrehieitee. At lt litiettal ~feyemeer I JaHttar)· 31 seasett fey whitefish aHa Deli)' VaraeH (ettll threttgh last say ef FeeFttaF)' seaseH fur whitefish etti)·. trettt) eHi)'. UHieH, Lake Ye8f 8fettH6 seaseH. Feet littg (ehttmmiHg) Willew Lake ('Nhateem CettHty): Jttly 1 threttgh OeteeeF 31 seaseH. Trettt eateh aHa vessessieH limit eHe, veFFHittee. miHimttm leHgth eighteeH iHehes. Seleeth·e fishery Fegttla \'eight's Creek: Clesee waters frem mettth te Highway ~ 162 BFiege. 'NiHter's Lake: YeaF arettHa seaseH. Wallaee River, frem its mettth te the first BttrliHgteH ~leFtherH Railreae eriege S0\'lHStream ef the Highway 2 Wiser Lake: Year arettHa seaseH.)) Brit lge JttHe I tlll'ettgh Sevtemeer 1 seaseH. Trettt eateh Region V. limit h.,.e, miHimttm leHgth futtrteeH iHehes. ~lete: Clesee Description: That area of the state contained within the waters frem the first BttFliHgteft NertheFH Railreae erit:lge boundaries of Clark, Cowlitz, Klickitat, Lewis, Skamania, (eelew Highv.·ay 2) te a veiHt twe httHSFee feet ttvstream ef and Wahkiakum counties. the "•<'ateF iHtake ef the salmeH hatehery. All state-wide ((atta RegieH V)) regulations ((fg+vett PFem the mettth te mettth ef OIHey Creek At lt litieHal bel&wt)) apply to all Region V waters unless specifically ~fo·,·emeer 1 threttgh last say ef Peerttary seaseH. Trettt exempted or amended by ((~)) Exceptions - Region V eateh limit twe, miHimttm leHgth fettrteeH iHehes. fishiHg regulations (listed for separate waters and categories of waters). frem BHY fleatiHg t:leYiee vrehieitee. (RegieH V regttlatieHs. OveH seaseHs \Vavate Lake YeaF arnttttt l seaseH. JttveHiles eHI)' !>late: All nflleP.l life elasetl )'ear flfBl!Rtl la tile teltiRg af Dall)' Vflftlenl (ttHt:ler fifteeH years els). 131111 IFBl!t llRtl gnt59 e111 r. WashiHgteH, Lalce, iHelttt:liHg that vertieH ef the Lakes, veHas, atta Fesen·eirs: AVFil 26, 1992, threttgh Sammamish River frem the 68th AYeHtte ~LE. Briege OeteeeF 31, 1992, aHa Avril 25, 1993, threttgh Oeteeer 31, t lewHstFeam YeaF arettHt l seaseH. Trettt He mere thaH 1993, ttHJess sveeifiea etherwise tiHSer sveeia) regttJatieHS. twe ever tweHt)' iHehes. \Vile steelheae Felease Deeemeer RiYers, streams, aHa eeaver VSHSS: JttHe 1 threttgh 1 threttgh May 31. May I threttgh Jtttte 30 seaseH: Trettt Oeteeer 31 (eeth, 1992 aHa 1993), ttttless sveeifiee etheFWise eateh limit eight, miHimttm leHgth t"t'>·eh·e ittehes. Clesee tiHSer sveeiaJ regt1JatieHS. te eeat fishiHg 0He httHSFeS yares either siee ef the fleatiHg erieges. FeeeiHg (ehttmmiHg) veFmittee )'ear arettHS. Permanent [ 178] Washington State Register, Issue 93-21 WSR 93-21-070 *Nate: See dilEI steelheaEI release ret111ireH1e11t 1111Eler "tre111 Elflily eateh Alder Creek: Closed waters. lifflit" llelew. ((Aleer Lake (Resen•oir): Year llFOttflEI seasot1.)) (Fer C0lt11Heia R:i,·er resen·eirs, see 13age x.) Cateh, size, at1s 130ssessi0t1 lilflits: The eateh li1Hit for Battle Ground Lake: April 30 through October 31 trnttt eattght ifl either lakes er strell!HS is llfl aggregate tetal ~ Internal combustion engines prohibited. at1s IH\:ISt fl0t exeees eight The fellewit1g Fef!FeSefltS get1eral Beaver Creek (tributary to Elochoman River): Closed eateh, size, at1s 130ssessi0t1 li1Hits fer ga1He fish (before waters. fishit1g, eheek it1sivisttal waters listes ttflser s13eeial regttla tieRs fer eJtee13ti0t1s): Berry Creek (tributary to Nisqually River): ((ffettt- eateh lilflit twe, mit1ifflt1FR leRgth eight it1ehes. Bait Q'lb¥ 1m1111m1 c ·11i; fISII C.OTCll 61;>;!; 13r0hieite6.)) Selective fishery regulations. liPeCIE:li bllllTli blPllTS bllllTS Big White Salmon River, from mouth to within four hundred feet of Northwestern Dam: Year around season. Bass ......... Fi, e 11et fflere ll>le11e Te11 11et ftlere tha11 three a , er tha11 sin a >"er Trout (( eateh lilflit twe)), minimum length fourteen fiftee11 i11ehes inches. Wild steelhead release ((Mil)' Hi throttgh Oeteeer ~)). Dell)' V1uElenl 81111 Tra111 ..... It is 1111la .. ·1ttl ta From gas pipeline crossing above Northwestern Lake to fish fer er retai11 Dell) VarEle11 er ll11ll Gilmer Creek: Trout (( ealeh lilflit two)), minimum length ffffil+ twelve inches. ((Bait fJF0hieite0.)) Selective fishery regula- tions. Crass Gaff! .... It is 1111la .. ·lttl te fish fer er retai11 Bird Creek: Trout - catch limit - five. grass earf! Blockhouse Creek: Trout - catch limit - five. Tre11t* Eight, ef ,,•hieh P.le11e i11 011e eateh lifflit 11et ftlere tha11 lal!es, a11EI (i11 aEIElitie11) Bloodgood Creek: Trout - catch limit - five. l1elca11ee a11EI l\>'e ffla)' Ile eYer f1e11Els, a11EI Poe steelheaEI a •er steelheaEI) t .. el. e i11ehes reseF¥eirs. t" eRt) i11ehes Blue Creek, from mouth to Spencer Road: Closed if tal1e11 freffl Eight i11ehes waters. ri, ers, streaftls, i11 ri, ers, a11EI Ilea, er f1e11!1s. streaffls, 811!1 Blue Lake (Cowlitz County): April 30 through October *Wilt! steelhea!I Ilea, er f!SllBS 31 season. Catch-and-release only. Selective fishery release J1111e I regulations. thre11gh P.le, eR11ler ~ Boman Creek: Trout - catch limit - five. Eightee11 Te11 RSI fflere Butter Creek: Trout (( eatek lilflit two)), minimum i11ehes tha11 t· .. •e e >'er tweRt) fe11r length ten inches. ((Bllit fJrohieitee.)) Selective fishery ~ regulations. \1/hitefish ..... Fiftee11 011e eateh lifflit Canyon Creek: Trout - catch limit - five. AH--ether Carlisle Lake: April ((26, 1992, thrnttgh last Sil)' ef gaffle fish ..... P.le lifflit P.le lifflit Feerttaf)· 1993 at1s Af)ril 25, 1993,)) 30 through ((last Sil)' B11llfregs ..... Te11 P.le11e 011e e11teh lifflit ef)) February ((+994)) 28 season((-!<)). Internal combustion *P.lete: Whe11 fisl!i11g "ith llait, all 1re111 etjt1BI le er greater tl!a11 the engines prohibited. Bass - minimum length fourteen inches. R1i11iR111R1 sice are ee1111tee as f!BFI ef the eail) eateh lifflit n helher lcef!I er relel!!le!I. Steelhea!I RIB)' Ile ea11ght 811!1 releasee (CllFfl Lake Year llFOl lflS seaseR.)) n hi le 11si11g llail 1111til the eail) eateh lifflit is retai11ee. Where 11se sf llait is f!rel!illitee B) Sf!eeial reg11latie11s, er "here Castle Lake: Trout - catch limit - ((~)) one, mini- 11FtiHeial l11res er Hies Ille 11see • el1111tlll'il), fish RIB) Ile rele11Se!I mum length ((fottrleeR)) sixteen inches. Selective fishery 1111til the eail) eateh lifflit is retai11e8. If ftfl) fish kflfl swalle·ii'ee regulations. the keelt er is heelcee i11 tke gill, e)e er te11g11e, it sl!e1118 Ile lcef!I if legal te tie se. Cedar Creek (tributary of N.F. Lewis) from mouth to junction of Chelatchie Creek: June 1 through March ((~)) Speeffil-)) Exception - Region V regulations. ((Regtett .!2 season. Trout (( elltek lilflit twe)), minimum length V. Basie)) State-wide ((at1s regieRRl)) regulations apply to twelve inches. all waters except where modified in special regulations below. (Cka1HeerlaiR Lake Year arn1 1Rs seaseR.)) Abernathy Creek, from Abernathy Falls to posted Chehalis River: See Region VI, page ... markers five hundred feet downstream from salmon hatch- Chehalis River, South Fork from mouth to highway ery: Closed waters. bridge at Boistfort: June 1 through March 31 season. Trout From mouth to a point five hundred feet downstream (( eateh lilflit two)), minimum length fourteen inches. from salmon hatchery: June I through March ((~)) .!2 Cispus River, North Fork: Trout (( eateh li1t1it season. Trout (( ellteh lilflit twe)), minimum length twelve eight)), no more than one over twelve inches. inches. Wild steelhead release and wild cutthroat release. [ 179] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 Clear Creek (tributary to Muddy River, Skamania From Beaver Creek Road Bridge to two hundred feet County): Trout (( eatek limit twe)), minimum length below weir at Beaver Creek hatchery: Closed waters. twelve inches. ((Bait f=!Fekieited.)) Selective fishery regula- From West Fork to source: Closed waters. tions. Fort Borst Park Lake: April ((26, 1992, tkrettgk last Clearwater Creek (tributary to Muddy River, Skamania day ef :FeeRi81)' 1993 aRd Af=!ril 25, 1993,)) 30 through ((ffist County): Trout (( eatek limit twe)), minimum length tley-ef}) February ((+994)) 28 season((s. Trettt eatek limit twelve inches. ((Bait f=!Fekieited.)) Selective fishery regula- -fi.¥e)). Juveniles only (under fifteen years old). tions. Franz Lake: ((Year ar0t1F1d seaseR.)) Closed waters. Coal Creek (Cowlitz County), from mouth to four hundred feet below falls: June I through ((last day ef)) Germany Creek, from mouth to end of Germany Creek February 28 season. Trout (( eatek limit twe)), minimum Road (approximately five miles): June 1 through March length fourteen inches. ((M)) 15 season. Trout (( eatek limit twe)), minimum length twelve inches. Wild steelhead release and wild Coldwater Lake: ((Clesed waters.)) All inlet streams cutthroat release. and outlet streams closed waters. Trout - catch limit - one, minimum length sixteen inches. Selective fishery regula- Gobar Creek (tributary to Kalama River): June 1 tions. Note: Limited access available, contact National through March ((~)) ll season. Trout (( eatek limit Volcanic Monument Headquarters for specific information. ttv-e-)), minimum length twelve inches. Wild steelhead release and wild cutthroat release. Columbia River and impoundments and all connecting sloughs - see regulations page ... ((GraRt Lake: Year arettRd seaseR.)) Connelly Creek and tributaries, from four hundred feet Grays River, from mouth to mouth of South Fork: June below the city of Morton Dam to its source: Closed waters. 1 through March ((M)) ll season. Trout (( eatek limit -tw&)), minimum length ((fet1rteeF1)) twenty inches. Wild Cougar Creek (tributary to Yale Reservojr): June 1 steelhead release. Open only to fishing for steelhead. through August 31 season. Grays River, East Fork: Trout (( eatek limit twe)), Coweeman River, from mouth to Mulholland Creek: minimum length fourteen inches. ((Bait f=!Fekieited.)) June 1 through March ((M)) ll season. Trout (( eatek limit Selective fishery regulations. -+we-)), minimum length twelve inches. Wild steelhead release and wild cutthroat release. Green River, from mouth to 2800 Bridge: June ((+5-)) l through November 30 season. Trout, minimum length Cowlitz River, from mouth to Mayfield Dam: Year twenty inches. Open only to fishing for steelhead ((.fi.sk.iftg; around season. Trout - catch limit - ((eigltt)) five, minimum eatek li1ttit twe, miRimttm leRgtk tweRty iHekes)). length twelve inches, no more than two over twenty inches. Wild cutthroat release. Wild steelhead release June 1 Note: All tributaries closed. through May 31. Closed to fishing for all game fish except From 2800 Bridge to source, including all tributaries: steelhead April 1 through May 31. Lawful to fish up to four Closed waters. · hundred feet or the posted deadline at barrier dam. From Mill Creek to the barrier dam, it is unlawful to ((flt)) fish Grizzly Lake: Closed waters. from any floating device((~)) Q!. fish ((d1uiRg Right Hamilton Creek: June 1 through March ((~)) ~ elesttre, Af=!ril 1 tkrettgk Sef=!temeer 30; aRd (3) fisk)) with season. Trout (( eatek limit t·..,•e)), minimum length twelve nonbuoyant artificial lures having more than one single- inches. Wild steelhead release and wild cutthroat release. pointed hook. Night closure April 1 through September 30. Hemlock Lake (Trout Creek Reservoir): June 1 through From Mayfield Dam to mouth of Muddy Fork: Year October 31 season. around season. ((Hewitt Lake: Year ar0t1F1d seaseR.)) Cowlitz River, Clear Fork and Muddy Fork: Trout - catch limit - ((etgltt)) five, no more than one over twelve Horseshoe Lake April ((28, 1992, tkrettgh last day el Feerttaf)' 1993 aRd Aflril 25, 1993,)) 30 through ((last da) inches. et)) February ((+994)) 28 season((~)). Davis Lake: April ((26, 1992, tkrettgk last da)· ef :Feerttaf)' 1993 aRd Af=!ril 25, 1993,)) 30 through ((last da)' Horsethief Lake: April 30 through February 28 season. ef)) February ((+994)) 28 season((~)). lcehouse Lake: April 30 through February 28 season. Deep River: Year around season. Trout (( eatek limit Indian Heaven Wilderness Lakes: Trout - catch limit - -tw&)), minimum length fourteen inches. three. Drano Lake: See Columbia River regulations, page ... Jewitt Creek: Trout - catch limit - five, no minimurr length. Juveniles only (under fifteen years old). Elochoman River, from mouth to West Fork: June 1 through March ((~)) U season. Trout - catch limit - Johnson Creek (tributary to Cowlitz River): Trout ((- ((etgltt)) five, minimum length twelve inches, no more than eatek limit twe)), minimum length ten inches. ((Bfti-1 two over twenty inches. Wild steelhead release and wild flrehieited.)) Selective fishery regulations. cutthroat release. Permanent [ 180 l Washington State Register, Issue 93-21 WSR 93-21-070 Kalama River, for all sections from mouth to Kalama Lewis River, North Fork, from mouth to overhead Falls that are open to fishing the following regulations apply: powerlines below Merwin Darri: Year around season. Trout (I) Trout (( eatelt liffiit twe)), minimum length twelve (( eatelt liffiit twe)), minimum length twelve inches. Wild inches; and (2) wild cutthroat release; and (3) wild steelhead steelhead release and wild cutthroat release. Closed waters: release. Shoreward of the cable buoy and corkline at the mouth of From mouth upstream to one thousand feet below the Lewis River Salmon Hatchery fish ladder. fishway at upper salmon hatchery: (I) Year around season; From lower Cedar Creek concrete boat ramp to Colvin (2) night closure, April 1 through October 3 r; (3) fly fishing Creek: Night closure April 1 through October 31. only, from September 1 through October 31 from the From mouth of Colvin Creek to overhead powerUnes at pipeline crossing to the posted deadline at the intake to the Merwin Dam: Trout (( eatelt liffiit twe)), minimum length lower salmon hatchery; (4) from two hundred feet above to twelve inches. Closed October 1 through December 15 to one thousand five hundred feet below the temporary rack is fishing. closed during the period the fish rack is installed; and (5) motors prohibited upstream of Modrow Bridge. From overhead powerlines to Merwin Dam: Closed waters. One thousand feet below fishway to one thousand feet above the fishway at upper salmon hatchery: Closed waters. From Yale Dam downstream one thousand three hundred feet to the cable crossing: Closed waters. From one thousand feet above the fishway at the upper salmon hatchery to Summers Creek: Year around season. Lewis River Power Canal and old Lewis River streambed between Swift No. 1 powerhouse and Swift No. From Summers Creek upstream to the 6420 Road at 2 powerhouse: April ((26, 1992, tltreHglt Oeteber 31, 1992, about one mile above the gate at the end of the county road: aRd April 25, 1993,)) 30 through October 31((, 1993,)) June 1 through· March 31 season. Fly fishing only. season((s-)). Fishing from any floating device prohibited. From 6420 Road (about one mile above the gate at the From Eagle Cliff Bridge to lower falls Trout ((-eftteft end of the county road) to Kalama Falls Closed waters. liffiit twe)), minimum length twelve inches. ((Bait preltie Kidney Lake: April 30 through February 28 season. tteth)) Selective fishery regulations. Klickitat River, from mouth to Fisher Hill Bridge: June Lewis River, East Fork (south), the following are closed 1 through November 30 season. Trout (( eatelt liffiit waters: (I) From the posted markers below to one hundred -tYffl)), minimum length twelve inches. feet above Lucia Falls; (2) from four hundred feet below to four hundred feet above Molton Falls; and (3) from four From Fisher Hill Bridge to four hundred feet above #5 hundred feet below Horseshoe Falls to one hundred feet fishway: Closed waters. above Sunset Falls. From four hundred feet above #5 fishway to the Yakima From mouth to four hundred feet below Horseshoe Indian Reservation boundary: June 1 through November 30 Falls: ((Year areHRd seaseR.)) June 1 through March 15 season. Trout (( eatelt liffiit twe)), minimum length twelve inches. Additional December 1 through March 31 season for season. Trout (( eatelt liffiit twe)), minimum length whitefish only. fourteen inches. Wild steelhead release. Night closure ((Af*tt)) June 1 through October 31. From the Yakima Indian Reservation boundary upstream to source, including all tributaries: Closed waters. From one hundred feet above Sunset Falls to source: June 1 through December 31 season. Trout (( eateh liffiit Klineline Ponds: April 30 through February 28 season. -+we)), minimum length fourteen inches. Wild steelhead Kress Lake: April ((26, 1992, tltreuglt last day ef release. Febrttlil)' 1993 aRd April 25, 1993,)) 30 through ((last day Mouth to posted markers at top boat ramp at Lewisville ef)) February ((+994)) 28 season((s-)). Bass - only bass less Park: Additional April 15 through May 31 season. Wild than twelve inches or over ((seveRteeR)) eighteen inches may steelhead release. Open only for steelhead. be kept. Internal combustion engines prohibited. Little Ash Lake: April 30 through February 28 season. Lacamas Creek (Clark County): Lawful to fish up- Little Klickitat River, within Goldendale city limits: stream to the base of Lacamas Lake Dam. April ((26, 1992, threHglt Oeteeer 31, 1992, aRd April 25, Lacamas Creek, tributary of Cowlitz River (Lewis ~)) 30 through October 31((~)) season((s-)). Trout County): June 1 through ((last day ef)) February 28 season. - catch limit - five, no minimum length. Juveniles only Trout (( eatelt liffiit twe)), minimum length fourteen (under fifteen years old). inches. Little Nisqually River: Trout (( eatelt liFRit twe )), ( (LaeatHas Lake: April 26, 1992, tltreHglt Marelt 31, minimum length ten inches. ((Bait prehieited.)) Selective 1993, aRd April 25, 1993, tltreHglt Marelt 31, 1994, sea fishery regulations. ~)) Little White Salmon River, from fishway downstream Lewis River, from mouth to forks: Year around season. to markers at federal fish hatchery a distance of one thou- Trout (( eatelt liFHit twe)), minimum length twelve inches. sand five hundred feet: Closed waters. Wild steelhead release and wild cutthroat release. ((Leeke Lake: Year areHRd seaseR. [ 181 ] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 LeHg Bell Peftd (Cewlitz Ce1 1F1ty) Year are1 1Hd Pine Creek (tributary to N.F. Lewis River): Trout ((- seaseH.)) eateh limit twe)), minimum length twelve inches. ((Batt vrehieited.)) Selective fishery regulations. Love Lake: Closed waters. Plummer Lake April ((26, 1992, thre1 1gh last da)' ef Mayfield Lake (Reservoir) ((Year are1 1Hd seaseR.)) Tiger musky - catch limit - one, minimum length thirty-six Feefl:lary, 1993, aRd Avril 25, 1993,)) 30 through ((last day et)) February ((-1-994)) 28 season((~)). inches. (Railread IslaREI PeRd Year are1 1REI seaseR.)) Merrill Lake: Trout - catch limit - two, maximum length twelve inches. Fly fishing only, except motors Riffe (Lake) Reservoir ((Year are1 1HEI seaseR.)) allowed. Lawful to fish up to the base of Swofford Pond Dam. Merwin (Lake) Reservoir ((Year are1 1Rd seaseR.)) Rock Creek (Skamania County): June 1 through March Trout - minimum length six inches. ((3+)) 15 season. Trout (( eateh limit twe)), minimum length ~elve inches. Wild steelhead release and wild Mill Creek (Cowlitz County), from mouth to forks (approximately one mile): June 1 through March ((~)) li cutthroat release. season. Trout (( eatek limit twe)), minimum length twelve (Re1 1Rd Lake Avril 26, 1992, thre1 1gh Mareh 31, inches. Wild steelhead release and wild cutthroat release. 1993, aRd Avril 25, 1993, thre1:1gh Mareh 31, 1994, sea Mineral Creek (tributary to Nisqually River): Trout ((- ~)) eatek limit twe)), minimum length twelve inches. ((Btt# Rowland Lakes April ((26, 1992, thre1 1gh last day ef vrekieited.)) Selective fishery regulations. Febr1:1ary 1993 aRd Avril 25, 1993,)) 30 through ((last day et)) February ((-1-994)) 28 season((~)). Mineral Creek, North Fork: Trout (( eatek limit -twe)), minimum length twelve inches. ((Bait vrekieited.)) (Saeajav1ea Lake Year are1 1Rd seaseR.)) Selective fishery regulations. Salmon Creek (Clark County), from mouth to 72nd Mineral Lake April ((26, 1992, thre1 1gk Sevtemeer 10, Avenue N.E.: June 1 through March((~)) li season. 1992, aftd Avril 25, 1993,)) 30 through September ((.W, Trout (( eateh limit twe)), minimum length twelve inches. -1-993,)) 30 season((~)). Wild steelhead release and wild cutthroat release. Muddy River (tributary to N.F. Lewis River): Trout ((- Silver Creek (tributary to Cowlitz River), mouth to eatek limit t·ue)), minimum length twelve inches. ((Btt# USFS Road 4778: Trout (( eateh limit twe)), minimum vrekieited.)) Selective fishery regulations. length twelve inches. ((Bait vrnkieited.)) Selective fishery regulations. Newaukum River, main river, Middle Fork and South Fork: June 1 through March 31 season. Trout ((-eatelt Silver Lake ((Year arn1 1Hd seaseR.)) Bass - minimum limit twe)), minimum length fourteen inches. Wild length fourteen inches. Use of water dogs or salamanders steelhead release. for fishing prohibited. Newaukum River, North Fork, from mouth to four Skamokawa Creek, mouth to forks just below Oatfield hundred feet below Chehalis city water intake: June 1 and Middle Valley Road: June 1 through March ((~)) _Ll through March 31 season. Trout (( eatek limit twe)), season. Trout (( eateh limit twe)), minimum length minimum length fourteen inches. Wild steelhead release. ((fe1:1rteeR)) twenty inches. Wild steelhead release. Open only to fishing for steelhead. From Chehalis city water intake upstream: Closed waters. Skate Creek (tributary to Cowlitz River): Trout - catch Northwestern Reservoir: April 30 through February 28 limit - ((etgkt)) five, no more than one over twelve inches. season. Skookumchuck River: See Region VI. Ohanapecosh Creek (tributary to Cowlitz River): Trout (Skeek1 1mek1 1ek Sle1 1gk (Ha)·se Lake) Year are1 1REI (( eatek limit twe)), minimum length twelve inches. (~ 5'eftS6fl-: vrekieited.)) Selective fishery regulations. S1 1Rdale PeRd Year arettHd seaseR.)) Olequa Creek:· June 1 through ((last day et)) February Spearfish Lake: April 30 through February 28 season. 28 season. Trout (( eatek limit twe)), minimum length fourteen inches. Spring Creek: Trout - catch limit - five. Outlet Creek: Trout - catch limit - five. Swift Reservoir: April 30 through October 31 season. Packwood Lake: All inlet streams and outlet from log Swofford Pond: ((Year arettftd seaseR.)) Bass - boom to dam: Closed waters. April 30 through October 31 possession limit - two. Only bass less than twelve inches or season. Trout - catch limit - five, minimum length ten over ((seveftteeR)) eighteen inches may be kept. Channel inches. ((Bait vrekieited.)) Selective fishery regulations. catfish - minimum length twenty inches. Internal combus- tion engines prohibited. Panther Creek (tributary to Wind River): Trout ((-eateft liffiit twe)), minimum length twelve inches. ((Bait vrekie ~)) Selective fishery regulations. Permanent [ 182] Washington State Register, Issue 93-21 WSR 93-21-070 Tilton River, from mouth to West Fork: June I through Walupt Lake: All inlet streams closed. April 30 March 31 season. Trout - catch limit - ((etg.ltt)) five, no through October 31 season. Trout (( eateh li1Hit fi'+'e)), more than one over twelve inches. minimum length ten inches. ((Bait prohibited.)) Selective fishery regulations. Tilton River, South Fork and East Fork: Trout ((--ettteh lilflit two)), minimum length ten inches. ((Bait pr-ohibit Washougal River, from mouth to bridge at Salmon eth)) Selective fishery regulations. Falls: ((Year arottRd seasoR.)) June I through March 15 Tilton River, North Fork and West F.ork: Trout ((- season. Trout (( eateh li1Hit t·wo)), minimum length twelve eateh li1Hit two)), minimum length twelve inches. ((Baif inches. Wild steelhead release and wild cutthroat release. prohibited.)) Selective fishery regulations. Night closure ((Apffi)) June l through October 31. Toutle River, mouth to forks, and North Fork from the Mouth to Mt. Norway Bridge: Additional April 15 through May 31 season. Wild steelhead release. Open only mouth to the posted deadline below the fish collection facility: June ((H)) l through November 30 season. ((~ for steelhead. oRly to the takiRg of steelhead o'+·er tweRt)' iRehes.)) Trout, From bridge at Salmon Falls to its source: Closed minimum length twenty inches. Open only to fishing for waters. steel head. Washougal River, West (North Fork), from mouth to the ((To1:1tle River, North Fork, frolfl IHOttth to the posted water intake at the department of wildlife hatchery: Closed deadliRe below the fish eolleetioR faeilit)·: JttRe 15 throttgh waters. ~love1Hber 30 seasoR. Wild steelhead release. OpeR ORiy to From intake at department of wildlife hatchery to the takiRg of steelhead o'+·er t·ueRt)' iRehes.)) source: ((Year arottRd seasoR.)) June 1 through March 15 From the mouth of the Green River to the posted season. Trout (( eateh limit two)), minimum length twelve deadline below ·the fish collection facility: ((JttRe 15 throttgh inches. Wild steelhead release and wild cutthroat release. N0Ye1Hber 30 seasoR. It is ttRlawfttl to (1) fish dttriRg)) Willame Lake: April 30 through October 31 season. Night closure((~)) and ((~)) it is unlawful to fish with Trout - catch limit - two, minimum length fifteen inches. nonbuoyant artificial lures having more than one single- ((Bait prohieited.)) Selective fishery regulations. pointed hook. Wind River, Burlington-Northern Railroad bridge to four From the posted deadline below the fish collection hundred feet below Shipherd Falls (note: Waters south of facility upstream to the headwaters, including all tributaries: the Burlington-Northern Railroad bridge are considered part Closed waters. (Note Castle Lake, and Coldwater Lake of the Columbia River) June l through March 31 season. open water~.) Trout (( eateh lilflit two)), minimum length fourteen Toutle River, South Fork, mouth to ((4100 Road inches. Wild steelhead release. Bfidge)) source (note All tributaries closed) June ((H)) l. through ((JaRttary 31 )) November 30 season. Trout, From four hundred feet below to one hundred feet above Shipherd Falls fish ladder: Closed waters. minimum length twenty inches. Open only to ((the takiRg e.f)) fishing for steelhead ((o;·er tweRty iRehes. Wild Tyee Springs: Closed waters. steelhead release. Cateh aRd possessioR lilflit two, IHtRt From one hundred feet above Shipherd Falls fish ladder 1Ht11H leRgth tweRt)' iRehes. AdditioRal Febrttar)· 1 throttgh to source, including all tributaries: June l through Novem- Marek 31 seasoR, opeR OR Fridays aRd Satttrdays ORiy. ber 30 season. Trout (( eateh limit two)), minimum length Steelhead eateh aRd possessioR lilflit oRe, 1HtR11Ht11H fourteen inches. leRgth tweRty iRehes. OpeR oRly to steelhead fishiRg)). Winston Creek (tributary to Cowlitz River): Trout ((- ( (l'-fflHt)) Mouth to 4100 Road Bridge ((to sottree, eateh lilflit two)), minimum length ten inches. ((Btttt iRelttdiRg all triatttaries Closed waters.)) Additional prohieited.)) Selective fishery regulations. December 1 through March 31 season. Wild steelhead release. Open only to fishing for steelhead. Selective ((Wishralfl Pmid: Year arottHd seasoR.)) fishery regulations. Yale Reservoir: Kokanee - catch limit - sixteen. Trout Creek (tributary to Wind River): Trout ((-eftteh Yellowjacket Creek (tributary to Cispus River): Trout lilflit two)), minimum length fourteen inches. ((Btttt (( eateh litffit two)), minimum length twelve inches. ((~ prohieited.)) Selective fishery regulations. Trout Lake, tributary to Big White Salmon River: June Yellowjacket Ponds: April 30 through February 28 l through October 31 season. season. Trout (( eateh lilflit eight)), no more than one Tunnel Lake: April 30 through February 28 season. over twelve inches. Vancouver Lake and all other waters west of Region VI. Burlington-Northern Railroad from Columbia River draw- Description: That area of the state contained within the bridge near Vancouver downstream to Lewis River: ((¥eftt: boundaries of Clallam, Grays Harbor, Jefferson, Kitsap, arottRd seasoR.)) Trout - catch limit - two, minimum length Mason, Pacific, and Thurston counties and that portion of twelve inches. Pierce County on the Kitsap Peninsula and Fox Island. [ 183] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 All state-wide ((aAd RegieA VI)) regulations ((fgtveft all waters except where modified in special regulations belewt)) apply to all Region VI waters unless specifically below. For regulations within Olympic National Park, call exempted or amended by ((~)) Exceptions - Region VI (206) 452-4501. regulations (listed for separate waters and categories of (AldeF Resen·eiF YeaF aF01 1Ad seaseA.)) waters). ((RegieA VI Feg1:1lati0As. OpeA seaseAs: Aberdeen Lake: April 30 through October 31 season. Lakes, peAds, aAd Fesen·eiFs ApFil 26, 1992, tlu01 1gh Aldrich Lake: April 30 through October 31 season. OeteeeF 31, 1992, aAd ApFil 25, 1993, tlu01:1gh OeteeeF 31, 1993, 1 1Aless speeified etheFvlise 1 1AdeF speeial Feg1 1lati0As Aldwell Lake: April 30 through October 31 season. RiYeFS, stFeaFAs, aAd eeaYeF fl0Ads J1 1Ae 1 thrn1 1gh Trout - catch limit - two, minimum length twelve inches. OeteeeF 31 (eetk, 1992 aAd 1993), 1:1Aless speeified etheFwise Selective fishery regulations, except lawful to fish from any 1 1AdeF speeial Feg1 ilati0As floating device equipped with a motor. *~late: See wilt! steelheatl Felease FeEj11iFeffle111 11118er "tre111 !!ail) eateh Alexander Lake (Kitsap County): Closed waters. lifflit" bele ... Anderson Lake (Jefferson County): Internal combustion Cateh, size, aAd pessessieA liFAits: The eateh liFAit fuF engines prohibited. April ((26, 1992, thrn1 1gh A1 1g1 1st 31, trn1 1t ea1 1ght iA eitheF lal<es eF stFeaFAs is aA aggFegate tetal 1992, aAd ApFil 25, 1993,)) 30 through ((Attgtt5t)) October aAd FA1:1st Aet exeeed eight. The fellewiAg FepFeseAts geAeFal 31 ((~)) season((~)). eateh, size, aAd pessessieA liFAits feF gaFAe fish (eefeFe fishiAg, eheek iAdivid1 1al wateFs listed 1 1AdeF speeial Feg1 1la ((AdditieAal seaseA)) From September I through tieAs feF exeeptieAs): October 31. Catch-and-release only((, siAgle eaFeless heeks. Bait pFeJ:iieited)). Selective fishery regulations. Q'lbY 1mm11J11 Q' 1115 l'ISII PQSSIOSSIQ~I Bay Lake April ((26, 1992, tJ iF01 1gh Jl lly 5, 1992, aAd SPIOCllOS blllll'S ApFil 25, 1993, tJ irn1 1gh J1 1ly 5, 1993, aAd SepteFAeeF I)) 30 bllll+S blllll'S through ((SepteFAeeF 30)) October 31 season((~)). Bass Fi 'e 11et fflere Ne11e Tell 11et fflBFe tha11 thfee e , er tha11 sin e'er Bear River: June I through ((last day ef)) February 28 fiftee11 i11ehes season. Trout (( eateJ:i liFAit twe)), minimum length Dell) Vl!ftlel!/ fourteen inches. B11ll TF611t Ce1111ts as Jl!lft Tnelll) Ce11111s as Jl!lft ef tre11t eateh i11ehes ef tre11t Beaver Creek (Thurston County): See Black River. iiessessie11 lifflit Beaver Ponds((, all peAds)) in Kitsap County, and those Grass Cllffl It is 1111la ouf11l ponds in Mason County on Tahuya Peninsula west of te fish fer er Belfair-Bremerton Highway (S.R. 3): April ((26, 1992, Fetai11 grass eflff' tJ irn1 1gh OeteeeF 31, 1992, aAd ApFil 25, 1993,)) 30 through Tre11t* Eiight, ef n hieh 011e eateh lifflil October 31 ((, 1993,)) season((3-)). Trout - no minimum 1181 fflere th!lll lalces, a118 (i11 a88itie11) length. lcelca11ee a118 twe ffl!l) be eoer iie118s, a118 l\oe steelfte!ltl eoer leelcetl Atl!llltie twel , e i11ehes resePo airs. lnelll) i11ehes Benson Lake: April 30 through October 31 season. S!llfflBll 11Ati if talce11 freffl Eiight i11ehes steel heat!) ri\\u2022ers, stre!lfflS, i11 ri\\u2022ers, Big Beef Creek: June 1 through October 31 season. !1118 be!l't'er Jl8118S. Slfe!lll!S, anti Closed to the taking of cutthroat trout. *Wilt! steelheatl bee.er iie118s Felease J1111e I Big River: June I through ((last da~· ef)) February 28 thre11gh ~le , eff!ber season. Trout (( eateh liFAit twe)), minimum length ~ fourteen inches. Fi1e Eiightee11 Te11 11el fflBFe tha11 tne eoer (Blaek Lal<e (TJ i1 1Fst0A C01 1Aty) Yeftf ftf01 1Ad seaseA.)) IJ, ellt) fe11r ~ Black Lake (Pacific County): April 30 through October 31 season. Whitefish Fiftee11 All ether Black River, from mouth to Black Lake and all tributar- g!lffle fish ~le lifflit ies west of Interstate Highway 5 including Waddell Creek, Mirna Creek, Beaver Creek, Salmon Creek, Dempsey Creek, B11llfregs Te11 and Blooms Ditch: Trout (( eateJ:i liFAit twe)), minimum *~late: Whe11 fishi11g "ith bait, all tre111 eEj11ftl te er greater thllR the length twelve inches. ((Bait pFehieited. Wild e1 1ttJ irna1 ffli11iff!11ffl sii!e are ee1111te8 as Jl!lFI ef the tlaily eateh lifflit Felease.)) Selective fishery regulations. "hether lceiit er Feleasetl. Steelheae fflll) be ea11ght 11A8 Feleasetl "hile 11si11g bait 1111til the !!ail) ellleh lifflit is Fetai11e8. WheFe Blooms Ditch: See Black River. 11se ef bait is iirehibitetl by siieeial reg11latie11s, er "here llffifieial lllFeS er flies 8Fe llSeti o el1111tarily, fish ffl!l) ee Feleasetl Bogachiel River, from mouth to National Park bound- 1111til the !!ail) eateh lifflit is Fetai11e8. If !Ill)' fish has s 11allewe8 ary: June 1 through April 30 season. Trout (( eateh liFAil the heelc er is heeketl i11 the gill, e) e er te11g11e, it she11l8 ee keiit if legal te tie se. -4Wt:t)), minimum length fourteen inches. Speeial)) Exceptions - Region VI regulations. ((Regteft Buck Lake: April 30 through October 31 season. VI. Basie)) §.tate-wide ((aHd FegieAal)) regulations apply to Permanent [ 184] Washington State Register, Issue 93-21 WSR 93-21-070 Burley Creek: June 1 through ((last clay of)) February (ChiRook RiYer JuRe 1 thro1 1gh A1 1g1 1st 31 aRcl 28 season. Trout (( eateh liffiit two)), minimum length P.JoYeffieer I thro1 1gh last clay of Feer1 1ary seasoRs. Tro1 1t fourteen inches. Wild steelhead release. eateh liffiit two, FRiRiFRl IFR leRgth fo1 1rteeR iRehes.)) Cady Lake: April 30 through October 31 season. Trout Clallam River: June 1 through ((last clay of)) February - catch limit - two. Fly fishing only. Internal combustion 28 season. Trout (( eateh lifflit two)), minimum length engines prohibited. fourteen inches. Calawah River, from mouth to forks: June I through Clara Lake: April 30 through October 31 season. April 30 season. Trout (( eateh liffiit two)), minimum Clear Lake: April 30 through October 31 season. length fourteen inches. Clearwater River, from mouth to Snahapish River: June South Fork from mouth to National Park boundary: through April 15 season. Trout (( eateh liffiit two)), June I through ((last clay of)) February 28 season. Trout ((- minimum length fourteen inches. eateh liffiit two)), minimum length fourteen inches. From Snahapish River upstream: Trout (( eateh liffiit Campbell Creek (Mason County): Closed waters. ~)), minimum length fourteen inches. Canyon Creek (Mason County): Closed waters. Cloquallam Creek, from mouth to second bridge on Capitol Lake, from its outlet to a point four hundred feet Cloquallum Road: June I through ((last cla)' of)) February below the lowest Tumwater Falls (Deschutes River) fish 28 season. Trout (( eateh liffiit two)), minimum length ladder: June I through ((Mat=eh)) July 31 season. Trout - twelve inches. Wild cutthroat release. ((iReh 1cliRg steelheacl) eateh liffiit two oYer fe1 1rteeR iRehes From mouth to Highway 8 Bridge: Additional March PossessioR limit of steelheacl is fe1:1r fish)) catch limit - eight, 1 through March 31 season. Trout (( eateh liffiit two)), minimum length eight inches. Closed waters: Percival minimum length twelve inches. Wild cutthroat release. Cove, west of a set of markers on the western shoreline of the south basin of Capitol Lake. WAC 236-16-020 Motor- Columbia River and impoundments and all connecting boats-Prohibitions. The operation of all motorboats is sloughs-See regulations page ... prohibited in the area of Capitol Lake north of the railroad Copalis River: June I through ((last clay of)) February trestle crossing said lake unless prior written authorization is 28 season. Trout (( eateh liFRit two)), minimum length first obtained from the director of general administration. fourteen inches. Additional August 1 through March 31 season. Trout - Coulter Creek ((J1 1Re I thro1 1gh last clay of Feer1 1ary catch limit - two, minimum length fourteen inches. seasoR.)) Trout (( eateh liFRit two)), minimum length Carney Lake April ((28, 1992, thro1 1gh J1 1Re 30, 1992, fourteen inches. aRcl Arri] 25, 1993,)) 30 through June 30((~)) and Cranberry Creek, mouth to Lake Limerick: Closed September I through October 31 seasons. Internal combus- waters. tion engines prohibited. (Croeker Laite Year aro1 1Rcl seasoR.)) Carson Lake: April 30 through October 31 season. Curley Creek: June I through ((last cla)' of)) February Cases Pond: Juveniles only (under fifteen years old). 28 season. Trout (( eateh liffiit two)), minimum length ((Cattail Lake (oR the BaRgor Military Base): Year fourteen inches. Wild steelhead release. aro1:1Rcl seasoR.)) Cushman Reservoir: Closed to the taking of Dolly Cedar Creek (Jefferson County): June 1 through ((last Varden (((e1 1ll tro1 1t))) Bull Trout 6fty-of)) February 28 season. Trout (( eateh limit two)), Deep Creek ((J1 1Re l thro1 1gh last clay of Feer1 1ary minimum length fourteen inches. seasoH. Tro1:1t eateh liffiit t· .... o, miRiFRl IFR leHgth fo1 1rteeH (Chameers LalEe Year aro1 1Rcl seasoR.)) .ffieke!r..)) Closed to fishing for game fish. Chehalis River, from Union Pacific Railroad Bridge in Deep Lake: April 30 through October 31 season. Aberdeen to high bridge on Weyerhaeuser logging road #17 Deer Creek (Mason County): Closed waters. (approximately seven miles south of Pe Ell): June 1 through April 15 season. ((Tro1:1t eateh limit two, ffiiRiffi1:1m Deer Lake: April 30 through October 31 season. leRgth twe!Ye iRehes.)) Wild cutthroat release. Dempsey Creek: See Black River. Chehalis River Potholes (adjacent to the Chehalis River Deschutes River, from old U.S. Highway 99 Bridge near south of Highway 12 in Grays Harbor County, this does not Tumwater to Vail Road Bridge one mile southwest of include sloughs or beaver ponds) ((Basie lake reg1 1lati0Rs Lawrence Lake: June 1 through March 31 season. Trout ((- ~)) April 30 through October 31 season. eateh liffiit two)), minimum length fourteen inches. Chimacum Creek, from mouth to Ness's Corner Road: From Old Highway 99 Bridge to four hundred feet June 1 through August 31 season. Trout (( eateh liffiit below lowest Tumwater Falls fish ladder: Closed waters. -twe)), minimum length fourteen inches. Devereaux Lake: April 30 through October 31 season. From Ness's Corner Road to headwaters: Trout ((- eateh liFRit two)), minimum length fourteen inches. Devil's Lake: April 30 through October 31 season. ( 185] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 Dewatto River: Trout (( eateh limit two)), minimum mately fifty yards upstream to fifty yards downstream of length twelve inches. Wild cutthroat release. Elwha Tribal Hatchery outfall as posted. From mouth to bridge on Bear Creek-Dewatto Road: From Lake Aldwell upstream to four hundred feet below ((AEIEliti01rnl P.levemeer)) June I through ((JaR1:1ar)· 31)) spillway at Lake Mills Dam, including all tributaries except February 28 season. Trout (( eateh limit two)), minimum Indian Creek (see below): Trout (( eateh limit two)), length twelve inches. Wild steelhead release and wild minimum length twelve inches; selective fishery regulations. cutthroat release. (Fort Col1 1mbia PoREI Year aro1 1REI seasoR.)) ((Prem mo1:1th to briElge OR Dewatto Bay RoaEI: Failor Lake: April 30 through October 31 season. AEIElitioRal Febr1 1ary I thre1 1gh last Elay of Febr1 1ary seasoR Tro1:1t eateh limit tv>'o, miRim1:1m leRgth twelve iRehes. Goldsborough Creek: June I through ((Marek 31)) '.l/ilEI e1:1tthroat release aREI wile steelheaEI release.)) February 28 season. Trout (( eateh limit two)), minimum length twelve inches. Wild steelhead release and wild Dickey River (includes all forks): June 1 through April cutthroat release. 30 season. Trout (( eateh limit two)), minimum length fourteen inches. Goodman Creek (Jefferson County) outside Olympic National Park: June 1 through ((last Elay of)) February 28 Dosewallips River, from mouth to Olympic National season. Trout (( eateh limit two)), minimum length Park boundary about three-quarters mile downstream of falls: fourteen inches. June 1 through ((last Elay of)) February 28 season. Trout ((- eateh limit two)), minimum length twelve inches. Wild Gorst Creek (Kitsap County), from lower bridge on the steelhead release and wild cutthroat release. old Belfair Highway upstream to source (including tributar- ies): Closed waters. ((From mo1:1th to U.S. Forest SerYiee SilC Mile BriElge: AEIElitioRal Mareh I thro1 1gh Mareh 31 seasoR. Tro1 1t eateh From mouth upstream to lower bridge: Trout ((~ limit two, miRim1 1m leRgth tweh·e iRehes. Wile e1 1tthroat limit two)), minimum length fourteen inches. release. Gosnell Creek and all its tributaries (tributary to Lake D1 1ek Lake Year aro1 1REI seasoR.)) Isabella, Mason County): Trout (( eateh limit two)), minimum length fourteen inches. Duckabush River, from mouth to the ((Forest Sen·iee BriElge j1:1st ee)'OREI the Six Mile Marker)) Olympic National Grass Lake: April 30 through October 31 season. Park Boundary: June I through ((last Ela)' of)) February 28 Grays River: See Region V. season. Trout (( eateh limit t· ... ·o)), minimum length twelve inches. Wild steelhead release and wild cutthroat release. Gray Wolf River: Trout (( eateh limit two)), mini- mum length fourteen inches. ((Bait vrohieiteEI.)) Selective ((Frnm mo1:1th to falls at the RaRger Hole (aeeess at fishery regulations. IRtererrem G1 1arEI StatioR) AEIElitioRal Mareh 1 thre1 1gh Marek 31 seasoR. Tro1:1t eateh limit two, miRim1:1m leRgth Hamma Hamma River, from mouth to four hundred feet twelYe iRehes. 'Nila e1:1tthroat release.)) below falls: June I through ((last Elay of)) February 28 season. Trout (( eateh limit two)), minimum length Dungeness River, from mouth to junction of Gray Wolf fourteen inches. Wild steelhead release. and Dungeness River: June 1 through ((last Elay of)) February 28 season. Trout (( eateh limit two)), minimum From falls to mouth of Boulder Creek: Trout - catch length fourteen inches. Wild ((e1:1tthroat)) steelhead release. limit - five - no minimum length. From junction of Gray Wolf River upstream to headwa- Hammersley Inlet Freshwater Tributaries (except Mill ters: Trout (( eateh limit two)), minimum length fourteen Creek): Closed waters. inches. Hatchery Lake: April 30 through October 31 season. East Twin River: June 1 through ((last Elay of)) Haven Lake: April 30 through October 31 season. February 28 season. Trout (( eateh limit two)), minimum length fourteen inches. Heins Lake (Kitsap County): Closed waters. (Elbow LalEe Year aro1 1REI seasoR.)) (Hewitt Lake Year aro1 1REI seasoR.)) Elk River, from the Highway 105 Bridge upstream: Hicks Lake: April 30 through October 31 season. June 1 through ((last Elay of)) February 28 season. Trout ((- Hoh River, from mouth to National Park boundary and eateh limit two)), minimum length twelve inches. Wild in South Fork outside National Park boundary: June 1 cutthroat release. through April 15 season. Trout (( eateh limit two)), Elwha River, from mouth to two hundred feet below the minimum length fourteen inches. south spillway on the Aldwell Lake Dam: June 1 through Hoko River: Trout (( eateh limit two)), minimum April 15 season. Trout (( eateh limit two)), minimum length fourteen inches. length fourteen inches. Fishing from any floating device prohibited. Closed waters: From south spillway on Aldwell From mouth to cement bridge on Lake Ozette Highway Lake Dam downstream two hundred feet and from approxi- (upper Hoko Bridge): Additional November 1 through March 15 season. Trout (( eateh limit two)), minimum length fourteen inches. Permanent [ 186] Washington State Register, Issue 93-21 WSR 93-21-070 From upper Hoko Bridge to Ellis Creek Bridge (river Lincoln Pond (Clallam County) Juveniles only (under mile 18.5) Additional November 1 through March 31 fifteen years old). season. Catch-and-release ((eftly,)) and fly fishing only. Little Quilcene River, from mouth to the Little Quilcene ((Heliday Lake: Year aret11td seaseR.)) River Bridge on Penny Creek Road: June 1 through ((fftst. tltty-ef)) February 28 season. Trout (( eateh limit twe)), Hoquiam River (includes all forks): June 1 through minimum length fourteen inches. Wild steelhead release. March 31 season. Trout (( eateh liFHit twe)), minimum length twelve inches. Wild cutthroat release. ((LeHg Beaeh PeHiHsttla, all lakes, i;ie1tds, aHd slettghs Horseshoe Lake (Jefferson County): April 30 through (Paeifie Cet1Hty): Year aret11td seaseH. Dees Het iHelttde Leemis Lake.)) October 31 season. Long Lake (Kitsap County): ((Year aret1Hd seaseH.)) Horseshoe Lake (Kitsap County): April 30 through Bass - only bass less than twelve inches or over fifteen October 31 season. inches may be kept. Howell Lake: April 30 through October 31 season. Long Lake (Thurston County): April 30 through Humptulips River (mainstem), from mouth to forks: October 31 season. June 1 through April 30 season. Trout (( eateh limit Loomis Lake: April 30 through October 31 season. twe)), minimum length fourteen inches. Lost Lake (Jefferson County): April 30 through East Fork, from mouth to concrete bridge on Forest October 31 season. Trout - catch limit - two, minimum Service Road between Humptulips Guard Station and length fourteen inches. Grisdale: June 1 through April 30 season. Trout ((-eateft liFHit twe)), minimum length fourteen inches. Lower Lena Lake, inlet stream from mouth upstream to footbridge (about one hundred feet): Closed waters. West Fork, from mouth to bridge on Forest Service Road #2302 (about one-half mile above the mouth of Lyre River, from mouth to falls near river mile 3: June Chester Creek): June 1 through April 30 season. Trout ((- 1 through ((last day et)) February 28 season. Trout ((-etttefl. eateh liFHit twe)), minimum length fourteen inches. limit twe)), minimum length fourteen inches. Indian Creek (tributary to Elwha River), from mouth Remainder of river: Trout (( eateh liFHit twe)), upstream to first Highway 101 crossing: Trout ((--ettteh minimum length twelve inches. liFHit twe)), minimum length twelve inches. Selective ((MaseH Lake: Year arettHd seaseR.)) fishery regulations. Maggie Lake: April 30 through October 31 season. ((Isaeella Lake: Year aret11td seaseR. Marine Areas: See page ... Isla1td Lake (MaseR Cet11tty): Year aret11td seaseR. McAllister Creek: Trout (( eateh limit twe)), mini- JaekseR Laite: Year aret11td seas01t.)) mum length fourteen inches. John's Creek (Mason County): Closed waters. McDonald Creek (Clallam County): Trout ((--ettteh Johns River (includes North, South forks): June 1 limit twe)), minimum length fourteen inches. through ((last day ef)) February 28 season. Trout ((-ettteft ((Frem mettth te Highway 101 Bridge: AdditieHal limit twe)), minimum length twelve inches. Wild cutthroat Ne~·emher I threttgh last da'.)' ef Fehrttary seaseH. Trettt release. eateh limit twe, mi1timt1m leHgth fettfteeH iHehes.)) Kalaloch Creek, outside Olympic National Park: June Mcintosh Lake: ((Trettt eateh limit fettr, He mere 1 through ((last day ef)) February 28 season. Trout ((-ettteft thaH twe ever fotifteeH iflefies. )) April 30 through October 31 limit twe)), minimum length fourteen inches. season. Kennedy Creek, from mouth to four hundred feet below McLane Creek, from the south bridge on Highway 101 falls: June 1 through ((Marek 31)) February 28 season. upstream: Trout (( eateh limit twe)), minimum length Trout (( eateh limit twe)), minimum length fourteen fourteen inches. inches. Wild steelhead release. McLane Creek Pond: April 30 through October 31 ((Kitsai;i Lake: Year aret11td seas01t.)) season. Kennedy Creek Pond: April 30 through October 31 Melaney Creek: Closed waters. ~ Melbourne Lake: April 30 through October 31 season. Koeneman Lake (formerly Fern Lake) (Kitsap County): ((Trettt eateh limit t·1t·e, mEl'ltimttm leHgth twe1'.·e iHehes.)) Middle Nemah Pond (Pacific County): June 1 through April 30 through October 31 season. Selective fishery October 31 season. regulations. Catch-and-release only. Mill Creek (Clallam County): April ((26, 1992, thretigh Lawrence Lake (Thurston County): Bass - only bass Oeteher 31, 1992, aHd A1:3ril 25, 1993,)) 30 through October less than twelve inches or over fifteen inches may be kept. 31 ((,+993.,)) season((~)). Juveniles only (under fifteen years old). Trout - no minimum length. [ 187) Permanent WSR 93-21-070 Washington State Register, Issue 93-21 Mill Creek (Mason County): June I through ((last Ela~· From mouth to highway bridge at McKenna: Additiona ef'.)) February 28 season. Trout (( eatek limit two)), March I through ((Aflril 30)) March 31 season. Trout ((· minimum length fourteen inches. Wild steelhead release. eatek limit two)), minimum length fourteen inches. Mill Creek Pond (Grays Harbor County): Juveniles ((Prnm tke MeKeRRa Higkway BriEige to fot:IF kt1REirec only (under fifteen years old). feet below tke LaGraREie Powerkot1se: AEIEiitioRal Marek I Mills Lake: Check Olympic National Park regulations, tkrot1gk Aflril 15 seasoH. Catek aREi release oRly. Seleeti,•c fiskery regt1lati0Hs.)) call (206) 452-4501. Mirna Creek: See Black River. North River, from Highway 105 Bridge upstream Trout (( eatek limit two)), minimum length fourteer Minter Creek: Trout (( eatek limit two)), minimum inches. length fourteen inches. Area from department of fisheries intake dam downstream to mouth: Closed waters. From Highway 105 Bridge to Falls River: Additional November I through ((last Eiay of)) February 28 season. Mission Lake: April 30 through October 31 season. Trout ({ eatek limit two)), minimum length fourteen Moclips River, from mouth to outside the Quinault inches. Indian Reservation: June I through ((last Eiay of)) February Oakland Bay freshwater tributaries (except Goldsbor· 28 season. Trout (( eatek limit two)), minimum length ough Creek) (including Shelton Creek, Canyon Creek, Uncle fourteen inches. John Creek, Campbell Creek, Melaney Creek, Deer Creek Mooses Pond (Pacific County): June I through October John's Creek, and Cranberry Creek to Lake Limerick): 31 season. Closed waters. Morse Creek, from mouth to Port Angeles Dam: June Offutt Lake: April 30 through October 31 season. I through ((last Ela~· of)) February 28 season. Trout ((--ettteft. Osborne Lake: April 30 through October 31 season. liffiit t·uo)), minimum length fourteen inches. Wild steelhead release. Owens Pond (Pacific County): June l through Octobe1 31 season. Mosquito Creek (Jefferson County) outside Olympic National Park: June 1 through ((last Ela~· of)) February 28 Ozette Lake: Check Olympic National Park regulations (206) 452-4501. season. Trout (( eatek limit two)), minimum length fourteen inches. Ozette River, outside Olympic National Park: June I Mud Lake (Mason County): April 30 through October through ((last Eiay of)) February 28 season. Trout ((---ettteli limit two)), minimum length fourteen inches. 31 season. Munn Lake: April 30 through October 31 season. Palix River (includes all forks): June I through ((fflsl tltty-ef)) February 28 season. Trout (( eatek limit two)), Naselle River, from Highway 101 Bridge upstream minimum length fourteen inches. (includes all forks): Trout (( eatek limit two)), minimum length fourteen inches. Panhandle Lake: April 30 through October 31 season. Note: Waters within four hundred feet both upstream and downstream Panther Lake: April 30 through October 31 season. of the entrance to the Naselle Salmon Hatchery are closed Pattison Lake: April 30 through October 31 season. ·during the period September I through January 31. That area from falls in Sec. 6, TTON, R8W, Peabody Creek (Clallam County): April ((2a, 1992, (Wahkiakum County) downstream four hundred feet: Closed tkrot1gh Oetoeer 31, 1992, aREi Aflril 25, 1993,)) 30 through waters. October 31((, 1993,)) season((s-)). Juveniles only (under fifteen years old). ((Trot1t miRimt1m leRgtk eigkt iRehes.)) From Highway 101 Bridge to mouth of North Fork: Additional November l through March 31 season. Trout ((- Percival Creek: Trout (( eateh limit two)), minimum eatek limit two)), minimum length fourteen inches. length fourteen inches. South Fork, from mouth to Bean Creek: Additional Pine Lake: April 30 through October 31 season. November l through ((last Eiay of)) February 28 season. Pleasant Lake: ((Year arot1REI seasoR.)) Kokanee - Trout (( eatek liffiit two)), minimum length fourteen minimum length eight inches, maximum length twenty inches. Nemah River (North, Middle, South): June 1 through Prices Lake: April 30 through October 31 season. ((last Eiay of)) February 28 season. Trout (( eatek limit Selective fishery regulations, catch-and-release only. tw&)), minimum length fourteen inches. Puget Sound: See marine area regulations, page ... Nisqually River, from mouth to four hundred feet below Purdy Creek (Mason County): June 1 through August LaGrande Powerhouse: June 1 through ((last Eiay of)) 15 season. Trout (( eatek limit February 28 season. Trout (( eatek liffiit t·w·o)), minimum two)), minimum length fourteen inches. length fourteen inches. Permanent [ 188] Washington State Register, Issue 93-21 WSR 93-21-070 Pysht River: June 1 through ((last day of)) February 28 Satsop River (includes all forks): Trout (( eateh limit season. Trout (( eateh limit two)), minimum length -+we-)), minimum length twelve inches. Wild cutthroat fourteen inches. release except on east fork above Bingham Creek. ((~ fJFOhisited)) Selective fishery regulations on East Fork Queets River: Check Olympic National Park regula- upstream from mouth of Bingham Creek. tions, (206) 452-4501. From mouth to bridge at Schafer Park: Additional Quilcene River, from mouth to ((HighwB)' 101 Bridge)) upper boundary of Falls View Campground: June I through November 1 through March ((~)) .ll season. Trout ((- eateh limit two)), minimum length twelve inches. Wild ((Mareh 31)) February 28 season. Trout (( eateh limit -twe-)), minimum length fourteen inches. Wild steelhead steelhead release and wild cutthroat release. release. Turnow Branch, from mouth to posted deadline at From Highway 101 Bridge upstream to the electric weir bridge on Matlock Grisdale Road: Additional November 1 at the Quilcene National Fish Hatchery: Closed waters. through ((JaR1:1ary 31)) February 28 season. Trout ((--eftteft limit two)), minimum length twelve inches. Wild steelhead From ((eleetrie weir at the QttileeRe NatioRal Fish release and wild cutthroat release. Hatehery)) the upper boundary of Falls View Campground West Fork, from mouth to bridge on Matlock Grisdale to the water diversion at the mouth of Tunnel Creek: ((Jtffie l throttgh Mareh 31 seasoR.)) Trout - catch limit - five, no Road: Additional November I through ((JaRttary 31 )) February 28 season. Trout (( eateh limit two)), minimum minimum length. length twelve inches. Wild steelhead release and wild Quillayute River: June 1 through April 30 season. cutthroat release. Trout (( eateh limit two)), minimum length fourteen ((Seott Lake: Year arottRd seasoR.)) inches. Sekiu River: Trout (( eateh limit Quinault Lake and Lower Quinault River: When fishing two)), minimum length fourteen inches. within the boundaries of the Quinault Indian Reservation, contact the Quinault Indian Tribe to find out what tribal From mouth to forks: Additional November 1 through permits and regulations apply (206) 276-8211. ((last day of)) February 28 season. Trout (( eateh limit twe)), minimum length fourteen inches. Quinault River, Upper, from mouth at upper end of Quinault Lake to the National Park boundary: June 1 Shelton Creek: Closed waters. through March 31 season. Trout (( eateh limit two)), Sherwood Creek ((Jl IAe l throttgh last da)· of Fesreary minimum length fourteen inches. seasoR.)) Trout (( eateh limit two)), minimum length Raft River: ((JttRe l throttgh last day of Fesrttary fourteen inches. seasoR. Trottt eateh limit two, miRim1 1m leRgth fu1 1rteeR Sherwood Creek Mill Pond (Mason County): June 1 ~))When fishing within the boundaries of the Quinault through October 31 season. Indian Reservation, contact the Quinault Indian Tribe to find out what tribal permits and regulations apply (206) 276- Shoe Lake: April 30 through October 31 season. 8211. Siebert Creek: Trout (( eateh limit two)), minimum Robbins Lake: April 30 through October 31 season. length fourteen inches. Rose Lake: April 30 through October 31 season. (From mo1 1th to Higlnvay 101 Bridge AdditioRal t>ioYemser I thro1 1gh last day of Fel3r1 1ary seasoA. Tro1 1t Salmon Creek (Jefferson County, includes all forks): eateh limit two, miRim11m leRgth fe1:1rteeR iRehes.)) Closed waters. Silent Lake: April 30 through October 31 season. Salmon Creek (((Paeifie Co1 1Rt)'))) Naselle River June I through ((last day of)) February 28 season. Trout ((-eateft Skokomish River, mouth to forks: June I through limit two)), minimum length fourteen inches. ((Mareh 31)) February 28 season. Trout (( eateh limit -twe-)), minimum length twelve inches. Wild steelhead Salmon Creek (Thurston County): See Black River. release and wild cutthroat release. ((Fel3r1 1ar)· I thro1 1gh Salmon River (Jefferson County): June I through((~ Mareh 31 wild steelhead release.)) tiey-et)) February 28 season. Trout (( eateh limit two)), Skokomish River, South Fork, mouth to mouth of minimum length fourteen inches. Church Creek: June I through February 28 season. Trout ((- Salt Creek: Trout (( eateh limit two)), minimum eateh limit two)), minimum length twelve inches. Wild length fourteen inches. steelhead release and wild cutthroat release. From mouth to bridge on Highway 112: Additional Mouth of Church Creek to headwaters: Trout ((--eftteft November 1 through ((last da)' of)) February 28 season. limit two)), minimum length twelve inches. ((Bait flFOhis Trout (( eateh limit two)), minimum length fourteen ited. Wild e1:1tthroat release.)) Selective fishery regulations. inches. (M0t 1th to eeme1tt sridge at BrowRs Creek AdditioRal Satsop Lake: April 30 through October 31 season. No,•emser l thro1 1gh last da)· of Fel3r1 1ary seasoR. Tro1 1t eateh limit tv.•o, miRim1:1m leRgth hYelve iRehes. Wild [ 189] Permanent WSR 93-21-070 Washington State Register, Issue 93-21 et1tdtFeat release. FeeFtJaf)' 1 thfet1gh last day ef Fe'3rt1ary ((Sqt1are Lake: Year aret1Rd seaseR. wild steelhead release. ' St. ClaiF Lake: Year aFet1Rd seaseR.)) Met1th te VaRee Creek: AdditieHal MaFeh I thret1gh Stevens Creek, mouth to Highway IOI Bridge: June I MaFeh 31 seaseR. TFet1t eateh lifflit twe, ffliRifflt1ffl leRgth through ((last day et)) February 28 season. Trout ((--eftteh twelve iRehes. Wild et1tthreat release aRd wilt'I steelhead lifflit t·.ve)), minimum length fourteen inches. release.)) Steves Lake: April 30 through October 31 season. Skokomish River, North Fork, mouth to ((b-a-k-e Ct1shfflaR )) lower dam June I through February 28 season. Stump Lake: April 30 through October 31 season. Trout (( eateh lifflit twe)), minimum length twelve inches. Suez River (Sooes River): June I through ((last da)' Wild steelhead release and wild cutthroat release. e-f)) February 28 season. Trout (( eateh lifflit twe)), North Fork above Lake Cushman mouth to Olympic minimum length fourteen inches. National Park boundary: June I through August 31 season. Summit Lake: April 30 through October 31 season. Trout (( eateh lifflit twe, ffliRifflt1ffl leRgth tweh·e iRehes. Bait f3Fehi'3ited. Clesed te the takiRg ef Delly VardeR ('3t11l Sutherland Lake: ((Year aret1Rd seaseR. Tret1t eateh -tffltff1)) catch-and-release only. Selective fishery regulations. lifflit eight.)) Feeding (chumming) permitted. ((Met1th te )ewer daffl: AdditieRal Ne•f'effleer I thret1gh Sylvia Lake: April 30 through October 31 season. last day ef FeeFtJary seaseR. Tret1t eateh lifflit twe, Tahuya River: Trout (( eateh lifflit twe)), minimum ffliRifflt1ffl leRgth t·ueh·e iRehes. Wild et1tthreat release. length twelve inches. Wild cutthroat release. FeeFtJary 1 thret1gh last day ef FeeFtJary wilt'I steelhead release.)) From mouth to the Bear Creek-Dewatto Road crossing: ((AdditieRal Ne•reffleeF)) June 1 through ((JaHt1aFy 31 )) Skookum Creek (Mason County): June 1 through ((last February 28 season. Trout (( eateh lifflit twe)), minimum 6-tty-ef)) February 28 season. Trout (( eateh lifflit twe)), length twelve inches. Wild steelhead and wild cutthroat minimum length fourteen inches. Wild steelhead release. release. Skookumchuck Reservoir: June 1 through October 31 ((Freffl ff1et1th te eFidge eR the Ha;·eR Lake Read: season. Trout - catch limit - two, minimum length twelve AEIElitieRal Fe'3Ft1af)' I thret1gh last da)' ef Fe'3Ft1af)' seaseR. inches. Tmt1t eateh lifflit twe, ffliRifflt1ffl leRgth twelve iRehes. Skookumchuck River, from Skookumchuck Reservoir 'Nilt'I et1tthmat Felease aRd wile steelheaEI Felease.)) upstream and all tributaries: Trout (( eateh lifflit twe)), Tarboo Lake: April 30 through October 31 season. minimum length twelve inches. ((Bait rreffieited.)) Selective fishery regulations. Tenas Lake: April 30 through October 31 season. From mouth to four hundred feet below the outlet of the Tiger Lake: April 30 through October 31 season. PP&L/WDW steelhead rearing pond located at the base of Twin Lake: April 30 through October 31 season. the Skookumchuck Dam: June 1 through April 30 season. Trout (( eateh lifflit twe)), minimum length twelve inches. U Lake: April 30 through October 31 season. Wild steelhead release and wild cutthroat release. Uncle John Creek: Closed waters. Smith Creek (Pacific County near North River): June Union River (main river and tributaries upstream from 1 through ((last day et)) February 28 season. Trout ((-eateft watershed boundary to source): Closed waters. lifflit twe)), minimum length fourteen inches. From mouth to watershed boundary: Trout ((--eftteh Snow Creek (includes all tributaries except Crocker lifflit twe)), minimum length fourteen inches. Lake): Closed waters. From mouth to lower bridge on the Old Belfair High- Soleduck River, from mouth to National Park boundary: way: Additional November I through ((Mareh 3 I)) February Trout (( eateh lifflit twe)), minimum length fourteen 28 season. Trout (( eateh lifflit twe )), minimum length inches. fourteen inches. Wild steelhead release. From mouth to ((Highwlt)' IOI Bridge dewHstr-eaffl fFeffl Valley Creek (Clallam County): April ((26, 1992, SRider Creek)) the concrete pump station at the Soleduck thmt1gh Oeteeer 3 I, I 992, aHd ArFil 25, I 993,)) 30 through Hatchery: Additional November I through April 30 season. October 31 ((~)) season((s-)). Juveniles only (under Trout (( eateh lifflit twe)), minimum length fourteen fifteen years old). ((Tmt1t ffliRifflt1ffl leRgth eight iHehes.)) inches. Vance Creek (Mason County): Trout (( eateh lifflit From the concrete pump station at the Soleduck Hatch- twe)), minimum length fourteen inches. ((Bait rmhieited. ery to the Highway 101 Bridge downstream from Snider AdditieRal ~fo;•effieer I thrnt1gh last Ela)' ef FeeFtJary Creek: Additional November I through April 30 season. seaseR. Trnt1t Trout - minimum length fourteen inches. Wild steelhead ~)) eateh lifflit tvt'e, ffliRifflt1ffl leRgth fot111eeR release, selective fishery regulations. South Bend Mill Pond (Pacific County): Juveniles only Vance Creek/Elma Ponds: April 30 through October 31 (under fifteen years old). season. Permanent [ 190 l Washington State Register, Issue 93-21 WSR 93-21-070 Waddell Creek: See Black River. Marine waters regulations. Ward Lake: April 30 through October 31 season. These regulations apply to all marine waters contained within the boundaries of Washington state, within Puget West Twin River: June 1 through ((last aay ef)) Sound, Hood Canal, the Strait of Juan de Fuca, the San Juan February 28 season. Trout (( eateh limit twe)), minimum Islands, the Strait of Georgia, and the Pacific Ocean, length fourteen inches. including estuaries (river mouths) from salt water upstream Wildberry Lake: April 30 through October 31 season. to a line between the outermost headlands measured at the Wildcat Lake: April 30 through October 31 season. highest high tide (usually the debris line furthest inshore on surrounding beaches), unless otherwise described under area Willapa River (includes all forks) upstream from regulations (see individual areas, below). department of wildlife boat launch in South Bend: Trout ((- Note: The above described waters lying within the boundaries of eateh limit tvi"e)), minimum length fourteen inches. Clallam, Jefferson, Grays Harbor, Kitsap, Mason, Pacific, and From department of wildlife boat launch in South Bend Thurston counties and that portion of Pierce County on the Kitsap Peninsula and Fox Island are administered from the to Forks Creek: Additional November I through March 31 Region VJ office in ((Allertleefl)) Montesano, telephone (206) season. Trout (( eateh lifflit hve)), minimum length ((533 9335)) 249-6522. The above described waters lying fourteen inches. Fishing from any floating device prohibited within the boundaries of Island, King, Pierce, San Juan, Skagit, from the bridge on Willapa Road (Camp One Bridge) to Snohomish, and Whatcom counties are administered from the Region JV office in Mill Creek, telephone (206) 775-1311. Forks Creek. Fishing hours: Twenty-four hours per day year around. South Fork: Additional November l through last day of February 28 season. Trout (( eateh lifflit twe)), minimum License requirements: A valid current Washington state length fourteen inches. department of wildlife fishing license is required to fish for game fish in marine waters. Falls on South Fork downstream four hundred feet: Closed waters. Note: The Washington state department of fisheries (WDF) requires persons taking Pacific salmon, food fish, shrimp, and razor Williams Creek (Pacific County): June I through ((last clams to possess separate licenses for these species. See WDF tffiy-ef)) February 28 season. Trout (( eateh limit twe)), regulations pamphlet ((er eall (2Q6) 753 66QQ)). minimum length fourteen inches. Permit requirements: A valid current steelhead fishing Wishkah River (includes all forks): Trout (( eateh limit permit is required of persons fishing for steelhead in marine --t-wtt)), minimum length twelve inches. Wild cutthroat waters. All steelhead taken from the above described marine release. areas shall be entered on the steelhead permit using the words Marine Area and followed by the appropriate marine Mainstem from dam at Wishkah Rearing Ponds (former- area code number, see page ... ly Mayr Bros.) downstream to four hundred feet below the outlet: Closed waters. Underwater spearfishing: Game fish may be taken by means of legal angling gear only. Spearing, gaffing, From the mouth to Cedar Creek: Additional November clubbing, netting, or trapping game fish is unlawful. 1 through March 31 season. Trout (( eateh limit twe)), minimum length twelve inches. Wild cutthroat release. East MARINE WATERS REGULATIONS CATCH AND ((PQSSeSSll'l~IS)) MINIMUM SIZE LIMITS: and West forks: Closed waters. DAILY MINIMUM Wood Lake: April 30 through October 31 season. GAME FISH CATCH SIZE ((PQSSeSSIQ~I Woodland Creek: Trout (( eateh limit SPECIES LIMITS twe)), mini- -b!M!+S)) mum length fourteen inches. Trout* Two, wild Fourteen inches ((OF1e eatell liAiit Wooten Lake: April 30 through October 31 season. (Including cutthroat BRB (iR eaaitiefl) steel head) release in twe steellleetl e 1er Wynoochee River, areas four hundred feet downstream Marine Areas 12- t11eAt) iflelles)) from the bases of Wynoochee Dam and the barrier dam near (Hood Canal) and 13- (South Grisdale: Closed waters. Puget Sound) Remainder of river: Trout (( eatch lifflit Wild steelhead release twe)), in Marine Areas I minimum length ((fettrteeR)) twelve inches. Wild cutthroat through 13. release. Dolly From mouth to road access approximately one-quarter Varden ( ( Ce11F1M ttl flFIFI T 11 e11t; i11elles mile above mouth of Schafer Creek: Additional November e f tre11t eateil tre11t f!Bssessien lilflit I through March 31 season. Trout (( catch limit lilflil.)) twe)), Closed year around minimum length ((fettrteeR)) twelve inches. Wild cutthroat to fishing for or release. retaining Dolly Varden/Bull Trout. Wynoochee Reservoir: June I through October 31 *Note: When fishing with bait, all trout equal to or greater than the season. Trout - catch limit - two, minimum length twelve minimum size are counted as part of the daily catch limit inches. whether kept or released. Steelhead may be caught and released while using bait until the daily catch limit is retained. Where [ 191 l Permanent WSR 93-21-070 Washington State Register, Issue 93-21 artificial lures or flies are used voluntarily, fish may be released Dolly Varden/ until the daily catch limit is retained. If any fish has swallowed Bull Trout ((II is t1Rl8ofttl IB the hook or is hooked in the gill, eye or tongue, it should be HSA feF BF Fel8iR kept if legal to do so. DBll) VanleR BF 1!111l ffett+)) Marine area codes and boundaries. Closed year around (1) Ilwaco-West of the Megler-Astoria Bridge-North to fishing for or retaining Dolly to Leadbetter Point. Varden/Bull Trout. (2) Westport-Ocean Shores-From Leadbetter Point Grass Carp north to the Queets River. It is unlawful to fish for or retain (3) LaPush-From the Queets River north to Cape grass carp Aiava. Trout* Two ((~)) Eight ((0Re ealel! limil (4) Neah Bay-From Cape Aiava north and inside Juan (Including inches 8AB (iR aaailiBR) de Fuca Strait to the Sekiu River. kokanee and I\\u2022 B Sleelfleatl B ; el (5) Sekiu and Pillar Point-From mouth of the Sekiu steelhead) I oeRI) iRel!es)) River east to Low Point, mouth of the Lyre River. Walleye Five, not Eighteen ((TuR RBI AlBFe (6) East Juan de Fuca Strait-From Low Point east to moretiiiin inches IA8R IWB B, eF the Partridge Point-Point Wilson Line north to the line from one over I li'eRI)' fet1F Trial Island (near Victoria, B.C.)-Navigation Buoy BW ~our ~)) inches. "R"-Smith Island-The most northeasterly of the Lawson Reef lighted buoys (RB l QK Fl Bell)-Northwest Island- Whitefish Fifteen None ((ORe ee!el! lilllil)) The Initiative 77 marker on Fidalgo Island. All other (7) San Juan Islands-All marine waters north of the game fish No limit None ((-Ne-lttAi+)) Trial Island Line described under Area 6 to the United Bullfrogs Ten None ((ORe ee!el! lifflil)) States-Canadian boundary. In the Columbia River between Washington and Oregon, (8) Deception Pass, Hope, and Camano Islands-A line the license of either state is valid. Anglers must comply projected from West Point on Whidbey Island to Reservation with the fishing regulations of the state in which they are Head on Fidalgo Island east through Deception Pass, fishing. This provision does not allow an angler licensed in including all waters east of Whidbey Island to the Possession Oregon to fish on the Washington shore, or in the sloughs or Point - Shipwreck Line. tributaries in Washington. (9) Admiralty Inlet-All waters inside and south of the Partridge Point-Point Wilson Line and a line projected from Anglers fishing the Columbia River are restricted to one the southerly tip of Possession Point one hundred ten degrees daily catch limit, as defined by the laws of the state in which true to a shipwreck on the opposite shore and northerly of they are fishing, even if they are licensed by both states. the Hood Canal Bridge and the Apple Cove Point-Edwards *Note: When fishing with bait, all trout equal to or greater than the Point Line. minimum size are counted as part of the daily catch limit (10) Seattle-Bremerton area-From the Apple Cove whether kept or released. Steelhead may be caught and released Point-Edwards Point Line to the north tip of Vashon Island while using bait until the daily catch limit is retained. Where use of bait is prohibited by special regulations, or where (east-west). artificial lures or flies are used voluntarily, fish may be released (11) Tacoma-Vashon Island-From the north tip of until the daily catch limit is retained. If any fish has swallowed Vashon Island to the Tacoma Narrows Bridge. the hook or is hooked in the gill, eye or tongue, ii should be (12) Hood Canal-All waters south of the Hood Canal kept if legal to do so. Bridge. Including the Columbia River and impoundments and all ( 13) South Puget Sound-All waters south of the connecting sloughs, except Wells Ponds in Region II. Tacoma Narrows Bridge. Columbia River, from the Megler-Astoria Bridge to the COLUMBIA RIVER REGULATIONS 1-5 Bridge: Year around season. Wild steelhead release and Catch, size, and possession limits: Unless specified ~ild cutthroat release see page . . . Closed to ((tke tekiHg otherwise by special regulations, for waters or categories of et)) fishing for steelhead April 1 through May 15. ((Wtte waters listed individually, the daily catch limits, and mini- steelkeae release Ma;· 16 tkr01:1gk Oetober 31. (OfJeH to tke mum size limits((, eHe fJOSsessioH limits,)) for game fish are tekiHg of botk keteker)' eHe wile steelkeee .November I as follows: tkro1:1gk Marek 31.))) DAILY MINIMUM From the 1-5 Bridge to the Highway 395 Bridge at GAME FISH CATCH SIZE ((l'QSSIOSSIQ~I Pasco; including Drano Lake, I 00: Year around season. SPECIES LIMITS ~)) Wild steelhead release. Closed to ((tke tekiHg of)) fishing for steel head April 1 through June 15. ((Wile steelkeee Bass Five--not more None {(+eR RBI AlBFe release J1 1He 16 thro1 1gk Deeember 31, from tke I 5 Briege than three over ll!!IR ~ix B. eF fifteen inches fifteeR iRel!e~)) to bo1 1Heary markers loeetee six k1 1Heree feet below tke fisk laeeer et BoHHeville Dem eHe J1 1He 16 tkro1 1gk Marek 31 from BoHHeville Dem to tke Higkv,.e;· 395 Briege et Peseo. (OfJeH to tke tekiHg of botk keteker;· eHe wile steelkeee JeH1 1er;· I tkro1 1gk Marek 31 from tke I 5 Briege to tke Permanent [ 192] Washington State Register, Issue 93-21 eot1RElaf)' markers loeatee six ht1RElreEI feet below the fisk REPEALER laeeer at BoRReYille Dam.))) Closed waters: (I) From the upstream line of tive Code are repealed: Bonneville Dam to boundary markers located six hundred feet below the fish ladder. (2) Waters from the upstream side of the Interstate Bridge at The Dalles to upper line of The Dalles Dam except that bank fishing is permitted up to four hundred feet below the fishway entrance on the Wash- ington shore. (3) From John Day Dam downstream about three thousand feet except that bank fishing is permitted up to four hundred feet below the fishway entrance on the Washington shore. (4) From McNary Dam downstream to a line across the river from the red and white marker on the Oregon shore on a line that intersects the downstream end of the wingwall of the boat lock near the Washington shore. From the Highway 395 Bridge at Pasco to the old Hanford townsite (wooden towers) powerline crossing, in Sec. 30, Tl3N, R28E: Year around season. Wild steelhead release. Closed waters: Ringold Springs Creek (Hatchery Creek). From the old Hanford townsite (wooden towers) powerline crossing in Sec. 30, Tl3N, R28E, to Vernita Bridge, (Highway 24), 46: June 16 through October 22 season. Wild steelhead release. From Vernita Bridge (Highway 24) to Priest Rapids Dam: June 1 through March 31 season. Wild steelhead release. Closed waters: (1) Priest Rapids Dam - waters between the upstream line of Priest Rapids Dam downstream to the boundary markers six hundred fifty feet below the fish ladders. (2) Jackson (Moran Creek or Priest Rapids Hatch- ery outlet) Creek - all waters of the Priest Rapids Hatchery system to the outlet on the Columbia River, extending to midstream Columbia between boundary markers located one hundred feet upstream and four hundred feet downstream of the mouth. From Priest Rapids Dam to Chief Joseph Dam: Year around season. Lawful to fish to base of Washburn Pond outlet structure. Wild steelhead release. Closed waters: (I) Wanapum Dam - waters between the upstream line of Wanapum Dam to the boundary markers seven hundred fifty feet downstream of the east fish ladder and five hundred feet downstream of the west fish ladder. (2) Rock Island Dam to boundary markers four hundred feet downstream of the fish ladders. (3) Rocky Reach Dam - waters between the upstream line of Rocky Reach Dam to boundary markers four hundred feet downstream of the fish ladders. (4) Wells Dam - waters between the upstream line of Wells Dam to boundary markers four hundred feet downstream of the spawning channel discharge (Chelan County) and fish ladder (Douglas County). (5) Chief Joseph Dam - waters between the west end of the tailrace deck downstrearri four hundred feet to boundary marker in Okanogan County. Above Chief Joseph Dam: See Region I. Lake Roose- velt and Region II, Rufus Woods Lake. [ 193] Desire. WAC 232-28-61902 1992-94 Washington game fish seasons and catch limits- Pipers Creek. WAC 232-28-61904 1992-94 Washington game fish seasons and catch limits- Walleye. WAC 232-28-61905 1992-94 Washington game fish seasons and catch limits- Skykomish River. WAC 232-28-61906 1992-94 Washington game fish seasons and catch limits- Tokul Creek. WAC 232-28-61907 1992-94 Washington game fish seasons and catch limits-Bass daily catch limits (region 4). WAC 232-28-61908 1992-94 Washington game fish seasons and catch limits- Kettle River. WAC 232-28-61909 1992-94 Washington gamefish seasons and catch limits-Deep Creek. WAC 232-28-61910 1992-94 Washington game fish seasons and catch limits- Winter steelhead regulations- Cowlitz River. WAC 232-28-61911 1992-94 Washington game fish seasons and catch limits- Winter steelhead regulations- Big White Salmon River. WAC 232-28-61912 1992-94 Washington game fish seasons and catch limits-Stan Coffin, H, and Ancient lakes, unnamed pond in desert unit of the Columbia Basin TWN (18N), ROE (26E), SEC (11,14) in Region 2, Bingen Lake in Region 5, and Buck Lake in Region 6. WAC 232-28-61913 1992-94 Washington game fish seasons and catch limits- Burke and Quincy lakes. WAC 232-28-61916 1992-94 Washington game fish seasons and catch limits- Steelhead regulations-Marine Areas I through 13. WAC 232-28-61917 1992-94 Washington game fish seasons and catch limits.,- Region Three regulations- Exceptions. WAC 232-28-61918 1992-94 Washington game fish seasons and catch limits-Long Beach Peninsula, all lakes, ponds and sloughs (Pacific County). Permanent WSR 93-21-070 Washington State Register, Issue 93-21 WAC 232-28-61919 1992-94 Washington game fish Safety standards for process safety management of highly seasons and catch limits.:._Mill hazardous chemicals, federal-initiated proposed amendments Creek Pond (Grays Harbor are to make the existing state standards relating to process Co.). safety management of highly hazardous chemicals, at-least- WAC 232-28-61923 1992-94 Washington game fish as-effective-as the federal final rules by incorporating the seasons and catch limits- Occupational Safety and Health Administration recommenda- Channel catfish regulations- tions dated February 11, 1993. The recommendations are in Gissberg Ponds. response to state plan change supplements submitted on WAC 232-28-61924 1992-94 Washington game fish September 8, 1992, which incorporated additions published seasons and catch limits- in Federal Registers, Volume 57, Number 35, dated February Newman Lake. 24, 1992, and corrected by Volume 57, Number 43, dated WAC 232-28-61925 1992-94 Washington game fish March 4, 1992. seasons and catch limits- Citation of Existing Rules Affected by this Order: Spokane River in Region l. Amending WAC 296-62-07403, 296-62-07411, 296-62- WAC 232-28-61926 1992-94 Washington game fish 07413, 296-62-07417, 296-62-07423, 296-62-07425, 296-62- seasons and catch limits- 07441, 296-62-07445, 296-62-074447, 296-62-07449, 296- Piper' s Creek in Region 4. 67-005, 296-67-285, 296-67-291, and 296-155-174. WAC 232-28-61927 1992-94 Washington game fish Statutory Authority for Adoption: Chapter 49.17 RCW. seasons and catch limits-Blue Pursuant to notice filed as WSR 93-16-108 on August Lake in Region 5. 4, 1993. WAC 232-28-61928 1992-94 Washington game fish Effective Date of Rule: December I, 1993. seasons and catch limits-Yale October 20, 1993 Reservoir in Region 5. Mark 0. Brown WAC 232-28-61929 1992-94 Washington game fish Director seasons and catch limits-Tiger musky regulations-Mayfield AMENDATORY SECTION (Amending Order 93-01, filed Lake. 3/13/93, effective 4/27/93) WAC 232-28-61930 1992-94 Washington game fish seasons and catch limits- WAC 296-62-07403 Definitions. (1) Action level Dungeness River in Region 6. (AL) is defined as an airborne concentration of cadmium of WAC 232-28-61932 1992-94 Washington game fish 2.5 micrograms per cubic meter of air (2.5 µg/m3), calculated seasons and catch limits- as an 8-hour time-weighted average (TWA). Spokane River in Region 1. (2) Authorized person means any person authorized by WAC 232-28-61933 1992-94 Washington game fish the employer and required by work duties to be present in seasons and catch limits- regulated areas or any person authorized by the WISH Act Coldwater Lake or regulations issued under it to be in regulated areas. (Cowlitz/Skamania Co.). (3) Director means the director of the department of WAC 232-28-61935 1992-94 Washington game fish labor and industries, or authorized representatives. seasons and catch limits- (4) Employee exposure and similar language referring Green River (Region 4). to the air cadmium level to which an employee is exposed means the exposure to airborne cadmium that would occur if the employee were not using respiratory protective equipment. WSR 93-21-075 (5) Final medical determination is the written medical PERMANENT RULES opinion of the employee's health status by the examining DEPARTMENT OF physician under WAC 296-62-07423(3) through ( 12) or, if LABOR AND INDUSTRIES multiple physician review under WAC 296-62-07423( 13) or [Order 93-06-Filed October 20, 1993, 9:55 a.m., effective December I, the alternative physician determination under WAC 296-62- 1993] 07423( 14) is invoked, it is the final, written medical finding, Date of Adoption: October 20, 1993. recommendation or determination that emerges from that Purpose: Chapter 296-62 WAC, General occupational process. health standards and chapter 296-155 WAC, Safety standards (6) High-efficiency particulate ((aesolttte (HePA) air)) for construction work, federal-initiated proposed amendments air (HEPA) filter means a filter capable of trapping and are made to be at-least-as-effective-as the federal final rule, retaining at least 99.97 percent of mono-dispersed particles relating to cadmium, published in Federal Register Volume of 0.3 micrometers in diameter. 58, Number 77, dated April 23, 1993. The proposed rules (7) Regulated area means an area demarcated by the correct technical and typographical errors previously pub- employer where an employee's exposure to airborne concen- lished in Federal Register Volume 57, Number 178, dated trations of cadmium exceeds, or can reasonably be expected September 14, 1992. The saccharin solution aerosol qualita- to exceed the permissible exposure limit (PEL). tive fit test protocol, which was deleted from the federal final rule, is reinstated. These corrections are at-least-as- effective-as the federal final rule; and chapter 296-67 WAC, Permanent [ 194] Washington State Register, Issue 93-21 WSR 93-21-075 AMENDATORY SECTION (Amending Order 93-01, filed and work practice controls cannot reduce exposures to or 3/13/93, effective 4/27/93) below the PEL, the employer shall include in the written compliance program the use of appropriate respiratory WAC 296-62-07411 Methods of compliance. (I) protection to achieve compliance with the PEL. Compliance hierarchy. (b) Written compliance programs shall include at least (a) Except as specified in (b), (c), and (d) of this the following: subsection, the employer shall implement engineering and (i) A description of each operation in which cadmium work practice controls to reduce and maintain employee is emitted; e.g., machinery used, material processed, controls exposure to cadmium at or below the PEL, except to the in place, crew size, employee job responsibilities, operating extent that the employer can demonstrate that such controls procedures, and maintenance practices; are not feasible. (ii) A description of the specific means that will be (b) Except as specified in (c) and (d) of this subsection, employed to achieve compliance, including engineering plans in industries where a separate engineering control air limit and studies used to determine methods selected for control- (SECAL) has been specified for particular processes (Table ling exposure to cadmium, as well as, where necessary, the I of this subsection), the employer.shall implement engineer- use of appropriate respiratory protection to achieve the PEL; ing and work practice controls to reduce and maintain (iii) A report of the technology considered in meeting employee exposure at or below the SECAL, except to the the PEL; extent that the employer can demonstrate that such controls (iv) Air monitoring data that document the sources of are not feasible. cadmium emissions; Table !.-Separate Engineering Control Airborne Limits (v) A detailed schedule for implementation of the (SECALs) for Processes in Selected Industries program, including documentation such as copies of purchase orders for equipment, construction contracts, etc.; SECAL (vi) A work practice program that includes items Industry Process (µg/m3) required under WAC 296-62-07415, 296-62-07417, and 296- Nickel cadmium battery Plate making, plate 62-07419; preparation 50 (vii) A written plan for emergency situations, as All other processes 15 Zinc/Cadmium refining* Cadmium refining, casting, melting, specified in WAC 296-62-07415; and oxide production, sinter plant 50 (viii) Other relevant information. Pigment manufacture Calcine, crushing, (c) The written compliance programs shall be reviewed milling, blending 50 and updated at least annually, or more often if necessary, to All other processes 15 reflect significant changes in the employer's compliance Stabilizers* Cadmium oxide charging, crushing, drying, blending 50 status. ((~)) (d) Written compliance programs shall be provided upon Lead smelting* Sinter plant, blast furnace, request for examination and copying to affected employees, baghouse, yard area so designated employee representatives, and the director. Plating* Mechanical plating IS (3) Mechanical ventilation. * Processes in these industries that are not specified in this table must (a) When ventilation is used to control exposure, achieve the PEL using engineering controls and work practices as measurements that demonstrate the effectiveness of the required in (a) of this subsection. system in controlling exposure, such as capture velocity, duct (c) The requirement to implement engineering and work velocity, or static pressure shall be made as necessary to practice controls to achieve the PEL or, where applicable, maintain its effectiveness. the SECAL does not apply where the employer demonstrates (b) Measurements of the system's effectiveness in the following: controlling exposure shall be made as necessary within five (i) The employee is only intermittently exposed; and working days of any change in production, process, or (ii) The employee is not exposed above the PEL on control that might result in a significant increase in employee thirty or more days per year (twelve consecutive months). exposure to cadmium. (d) Wherever engineering and work practice controls are (c) Recirculation of air. If air from exhaust ventilation required and are not sufficient to reduce employee exposure is recirculated into the workplace, the system shall have a to or below the PEL or, where applicable, the SECAL, the high efficiency filter and be monitored to assure effective- employer nonetheless shall implement such controls to ness. reduce exposures to the lowest levels achievable. The (d) Procedures shall be developed and implemented to employer shall supplement such controls with respiratory minimize employee exposure to cadmium when maintenance protection that complies with the requirements of WAC 296- of ventilation systems and changing of filters is being 62-07413 and the PEL. conducted. (e) The employer shall not use employee rotation as a (((4) C0m19liaAee program. '.Vhere em19le)'ee ex19es1:1re method of compliance. te eadmi1 1m exeeeds the PEL aAd the em19leyer is req1 1ired (2) Compliance program. 1 1Ader s1 18seeti0A (1) ef this seetieA te im19lemeAt eeAtrels te (a) Where the PEL is exceeded, the employer shall eem19ly with the PEL, prior to the eerAmeAeemeAt ef the jea, establish and implement a written compliance program to tke em19leyer shall establisk aAd im19lemeAt a writteA reduce employee exposure to or below the PEL by means of eom19liaAee 19regrarA te rcd11ee erA19le)·ee exp0s1:1re te er engineering and work practice controls, as required by belew the PEL.)) subsection (I) of this section. To the extent that engineering [ 195] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 AMENDATORY SECTION (Amending Order 93-01, filed respirator with a tight-fitting half 3113/93, effective 4/27/93) · mask operated in the continuous WAC 296-62-07413 Respirator protection. ( 1) flow mode. 250 x or less A powered air-purifying respira- General. Where respirators are required by this section, the employer shall provide them at no cost to the employee and tor with a tight-fitting full face- piece equipped with a HEPA fil- shall assure that they are used in compliance with the ter, or a supplied-air respirator requirements of this section. Respirators shall be used in the with a tight-fitting full facepiece following circumstances: operated in the continuous flow . (a) 'Yhere exposure levels exceed the PEL, during the mode. time penod necessary to install or implement feasible 1000 x or less engineering and work practice controls; A supplied-air respirator with (b) _In tho~e mai_ntenance and repair activities and during half mask or full facepiece oper- those bnef or mtenmttent operations where exposures exceed ated in the pressure demand or the PEL and engineering and work practice controls are not other positive pressure mode. feasible or are not required; >1000 x or (c) In regulated areas, as prescribed in WAC 296-62- unknown concentrations A self-contained breathing ap- 07409; paratus with ((1:rnlrnown eoneen tFations)) a full facepiece operat- (d) Where the employer has implemented all feasible ed in the pressure demand or engineering and work practice controls and such controls are other positive pressure mode, or not sufficient to reduce exposures to or below the PEL; (e) In emergencies; a supplied-air respirator with a (f) Wherever an employee who is exposed to cadmium full facepiece operated in the at or above the action level requests a respirator; pressure demand or other posi- (g) Wherever an employee is exposed above the PEL in tive pressure mode and equipped an industry to which a SECAL is applicable; and with an auxiliary escape type self-contained breathing appar- (h) Wherever an employee is exposed to cadmium atus operated in the pressure above the PEL and engineering controls are not required demand mode. under WAC 296-62-07 411 (I)( c ). Fire fighting A self-contained breathing ap- (2) Respirator selection. paratus with full facepiece oper- (a) Where respirators are required under this section, the ated in the pressure demand or employer shall select and provide the appropriate respirator other positive pressure mode. as specified in Table 2. The employer shall select respira- tors from among those jointly approved as acceptable a Concentrations expressed as multiple of the PEL. pr?tection against cadmium dust, fume, and mist by the b Respirators assigned for higher environmental concentrations may be used at lower exposure levels. Quantitative fit testing is required for Mm~ Safety a~d Health Administration (MSHA) and by the all tight-fitting air purifying respirators where airborne concentration National Institute for Occupational Safety and Health of cadmium ~xceeds 1.0 tirn~s the TWA PEL (I OxS µg/m3=50 µg/m3~. (NIOSH) under the provisions of 30 CFR part 11. A full facep1ece respirator 1s required when eye irritation is experi- enced. Table 2.-Respiratory Protection for Cadmium c HEPA means High Efficiency Particulate ((~)) Air. d Fit testing, qualitative or quantitative, is required. - Airborne concentration SOURCE: Respiratory Decision Logic, NIOSH, 1987. or condition of usea Required respirator typeb _(b) The emplo~er ~hall provide ayowered, air-purifying 10 x or less A half mask, air-purifying respi- respirator (PAPR) m heu of a negative pressure respirator rator equipped with a HEPN fil- wherever: ter.d (i) An employee entitled to a respirator chooses to use 25 x or less A powered air-purifying respira- this type of respirator; and tor ("PAPR") with a loose-fitting (ii) This respirator will provide adequate protection to the employee. hood or helmet equipped with a HEPA filter, or a supplied-air (3) Respirator program. respirator with a loose-fitting (a) ~e.re respirato1!' protection is required, the employ- hood or helmet facepiece oper- er shall institute a respirator protection program in accor- ated in the continuous flow dance with chapter 296-62 WAC, Part E. mode. ~b) The employer shall permit each employee who is 50 x or less A full facepiece air-purifying requITed to use an air purifying respirator to leave the respirator equipped with a regu~ated area to change the filter elements or replace the HEPA filter. or a powered air- respirator whenever an increase in breathing resistance is purifying respirator with a tight- detected and shall maintain an adequate supply of filter fitting half mask equipped with elements for this purpose. a HEPA filter, or a supplied air . (c~ The employer shall also permit each employee who is requITed to wear a respirator to leave the regulated area to wash his or her face and the respirator facepiece whenever Permanent [ 196] Washington State Register, Issue 93-21 WSR 93-21-075 necessary to prevent skin irritation associated with respirator AMENDATORY SECTION (Amending Order 93-01 filed use. 3/13/93, effective 4/27/93) ' (d) If an employee exhibits difficulty in breathing while wearing a respirator during a fit test or during use, the WAC 296-62-07417 Protective work clothing and equipment. ( 1) Provision and use. If an employee is employer shall make available to the employee a medical examinati~n i~ accordance with WAC 296-62-07423 (6)(b) exposed to airborne cadmium above the PEL or where skin to determine 1f the employee can wear a respirator while or eye irritation is associated with cadmium exposure at any performing the required duties. . level, the employer shall provide at no cost to the employee, (e) No employee shall be assigned a task requiring the and assure_ that the e~ployee uses, appropriate protective work clothing and equipment that prevents contamination of use of a respirator if, based upon his or her most recent the employee and the employee's garments. Protective work examination, an examining physician determines that the clothing and equipment includes, but is not limited to: employee ~ill be un~ble to continue to function normally (a) Coveralls or similar full-body work clothing; while wearing a respirator. If the physician determines the (b) Gloves, head coverings, and boots or foot coverings; employee must be limited in, or removed from his or her and current job because of the employee's inability to wear a (c~ Face ~hields, vented goggles, or other appropriate respirator, the limitation or removal shall be in accordance protective equipment that complies with WAC 296-24-078. with WAC 296-62-07423 (11) and ( 12). (2) Removal and storage. (4) Respirator fit testing. (a) The employer shall assure that employees remove all (a) The employer shall assure that the respirator issued protective clothing and equipment contaminated with to the employee is fitted properly and exhibits the least ~admium at the completion of the work shift and do so only possible facepiece leakage. m change rooms provided in accordance with WAC 296-62- . (?)For ~ach e~ployee wearing a tight-fitting, air 07419(1 ). punfymg resp1rator (either negative or positive pressure) who (?) The empl?yer shall assure that no employee takes is exposed to airborne concentrations of cadmium that do not cadmmm-contammated protective clothing or equipment exceed 10 times the PEL (IO x 5 µg/m3=50 µg/m3), the from the workplace, except for employees authorized to do employer shall perform either quantitative or qualitative fit s~ for_ purposes of laundering, cleaning, maintaining, or testing at the time of initial fitting and at least annually d1s~osmg of cadmium contaminated protective clothing and thereafter. I~ quantitative fit testing is used for a negative equipment at an appropriate location or facility away from pressure respirator, a fit factor that is at least 1 O times the the workplace. protection factor for that class of respirators (Table 2 in . (c) T~e employer shall assure that contaminated protec- subsection (2)(a) of this section) shall be achieved at testing. tive c.lothing .and equipment, when removed for laundering, . (~)For ~ach employee wearing a tight-fitting air cleaning, maintenance, or disposal, is placed and stored in punfymg resp1rat?r (either negative or positive pressure) who sealed, impermeable bags or other closed, impermeable 1s exposed to airborne concentrations of cadmium that containers that are designed to prevent dispersion of cadmi- exceed 10 times the PEL (10 x 5 µg/m3=50 µg/m3), the um dust. employer shall perform quantitative fit testing at the time of (d) The employer shall assure that bags or containers of initial fitting _and at least annually thereafter. For negative- contaminated protective clothing and equipment that are to pressure respirators, a fit factor that is at least 1 O times the be taken out of the change rooms or the workplace for protection factor for that class of respirators (Table 2 in laundering, cleaning, maintenance, or disposal shall bear subsection (2)(a) of this section) shall be achieved during labels in acco~dance with WAC 296-62-07425((~)) Q2. quantitative fit testing. (3) Cleaning, replacement, and disposal. . (d) ~or each employee ~earing a tight-fitting, supplied- (a) !he employ_er shall provide the protective clothing a1r respirator or self-contained breathing apparatus, the and equipment required by subsection (1) of this section in employer shall perform quantitative fit testing at the time of a clean and dry condition as often as necessary to maintain initial fitting and at least annually thereafter. This shall be its effectiveness, but in any event at least weekly. The accomplished by fit testing an air purifying respirator of employer is responsible for cleaning and laundering the identical type facepiece, make, model, and size as the protec~ive ~lo~hing and _equipment required by this paragraph supplied air respirator or self-contained breathing apparatus t~ ma~ntam its effectiveness and is also responsible for that is equipped with HEPA filters and tested as a surrogate disposing of such clothing and equipment. (substitute) in the negative pressure mode. A fit factor that (b) The employer also is responsible for repairing or is at least 10 times the protection factor for that class of replacing required protective clothing and equipment as respirators (Table 2 in subsection (2)(a) of this section) shall needed to maintain its effectiveness. When rips or tears are be achieved during quantitative fit testing. A supplied-air detected while an employee is working they shall be imme- respirator or self- contained breathing apparatus with the diately mended, or the worksuit shall be immediately same type facepiece, make, model, and size as the air replaced. purifying respirator with which the employee passed the ( c) The employer shall prohibit the removal of cadmium quantitative fit test may then be used by that employee up to from protective clothing and equipment by blowing, shaking, the protection factor listed in Table 2 for that class of or any other means that disperses cadmium into the air. respirators. (d) The employer shall assure that any laundering of (e) Fit testing shall be conducted in accordance with conta?1inated clothing or cleaning of contaminated equip- WAC 296-62-07445, Appendix C. ment m the workplace is done in a manner that prevents the [ 197] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 release of airborne cadmium in excess of the permissible (b) The initial (preplacement) medical examination shall exposure limit prescribed in WAC 296-62-07405. include: (e) The employer shall inform any person w~o laund~rs (i) A detailed medical and work history, with emphas~s or cleans protective clothing or equipment contaminated with on: Past, present, and anticipated future exposure to cadmi- cadmium of the potentially harmful effects of exposure to um; any history of renal, cardiovascular, respiratory, hemato- cadmium and that the clothing and equipment should be poietic, reproductive, and/or musculo-skeletal system laundered or cleaned in a manner to effectively prevent the dysfunction; current usage of medication with potential release of airborne cadmium in excess of the PEL. nephrotoxic side-effects; and smoking history and current status; and AMENDATORY SECTION (Amending Order 93-01, filed (ii) Biological monitoring that includes the following 3/13/93, effective 4/27/93) tests: WAC 296-62-07 423 Medical surveillance. ( 1) (A) Cadmium in urine (CdU), standardized to grams of General. creatinine (g/Cr); (a) Scope. (B) Beta-2 microglobulin in urine (B2~M), standard!zed to grams of creatinine (g/Cr), with pH specified, as described (i) Currently exposed. The employer shall institute a in WAC 296-62-07451, appendix F; and medical surveillance program for all employees who are or may be exposed to cadmium at or above the action_ level (C) Cadmium in blood (CdB), standardized to liters of whole blood (lwb). unless the employer demonstrates that the employee 1s not, and will not be, exposed at or above the action level on (c) Recent examination: An initial examination is not thirty or more days per year (twelve consecutive months); required to be provided if adequate records _show that _the and employee has been examined in accordance with the require- (ii) Previously exposed. The employer shall also ments of (b) of this subsection within the past twelve institute a medical surveillance program for all employees months. In that case, such records shall be maintained as who prior to the effective date of this section might pr~vi­ part of the employee's medical record and t_he ~rior exam shall be treated as if it were an initial exammatwn for the ously have been exposed to cadmium at or above the action purposes of subsections (3) and (4) of this section._ level by the employer, unless the employer demonstrates that . the employee did not prior to the effective date of this (3) Actions triggered by initial biological momtormg: section work for the employer in jobs with exposure to (a) If the results of the initial biological monitoring tests cadmium for an aggregated total of more than sixty months. show the employee's CdU level to be at or below 3 µgig Cr, (b) To determine an employee's fitness for using a BrM level to be at or below 300 µgig Cr and CdB level to respirator, the employer shall provide the li~ited _medical be at or below 5 µg/lwb, then: examination specified in subsection (6) of this section. (i) For currently exposed employees, who are subject to (c) The employer shall assure that all medical examina- medical surveillance under subsection (l)(a)(i) of this section, the employer shall provide the minimum level of tions and procedures required by this standard -~e performed periodic medical surveillance in accordance with the require- by or under the supervision of a licensed physician, who has ments in subsection (4)(a) of this section; and read and is familiar with the health effects WAC 296-62- 07441, appendix A, the regulatory text of this sectio_n, t~e (ii) For previously exposed employees, who are subject protocol for sample handling and laboratory s~lect1?n rn to medical surveillance under subsection (I )(a)(ii) of this WAC 296-62-07451, appendix F and the questwnnaire of section, the employer shall provide biological monitoring for WAC 296-62-07447, appendix D. These examinations and CdU, B2-M, and CdB ((wi-tfl.ffi)) one year after the initial biological monitoring and then the employer shall comply procedures shall be provided without cost to the em~loyee with the requirements of subsection (4)(e) of this section. and at a time and place that is reasonable and convenient to employees. (b) For all employees who are sub)ect t~ me?ical (d) The employer shall assure that the collecting and surveillance under subsection (I )(a) of this sectwn, 1f the handling of biological samples of cadm_ium in uri_ne_ (Cd~), results of the initial biological monitoring tests show the cadmium in blood (CdB), and beta-2 m1croglobulm m unne level of CdU to exceed 3 µgig Cr, the level of B2-M to (B -M) taken from employees under this section is done in exceed 300 µgig Cr, or the level of CdB to exceed 5 µg/lwb, the employer shall: a inanner that assures their reliability and that analysis of biological samples of cadmium in urine (CdU), cadmium in (i) Within two weeks after receipt of biological monitor- blood (CdB), and beta-2 microglobulin in urine (Bi-M) taken ing results, reassess the employee's occupational exposure to from employees under this section is performed in laborato- cadmium as follows: ries with demonstrated proficiency for that particular analyte. (A) Reassess the employee's work practices and (See WAC 296-62-07451, appendix F.) personal hygiene; . (2) Initial examination. · (B) Reevaluate the employee's respirator use, 1f any, (a) The employer shall provide an initial (preplacement) and the respirator program; examination to all employees covered by the medical (C) Review the hygiene facilities; surveillance program required in subsection (l)(a) of this (D) Reevaluate the maintenance and effectiveness of the section. The examination shall be provided to those employ- relevant engineering controls; ees within thirty days after initial assignment to a job with (E) Assess the employee's smoking history and status; exposure to cadmium or no later than ninety days after the (ii) Within thirty days after the exposure reassessment, effective date of this section, whichever date is later. specified in (b)((fff.1)) .ill of this subsection, take reasonable steps to correct any deficiencies found in the reassessment Permanent [ 198 J Washington State Register, Issue 93-21 WSR 93-21-075 that may be responsible for the employee's excess exposure ees, the employer shall comply with the requirements of to cadmium; and, (a)(ii) of this subsection; (iii) Within ninety days after receipt of biological (ii) If the results of the initial biological monitoring tests monitoring results, provide a full medical examination to the show the level of CdU to exceed 3 µgig Cr, the level of 62- employee in accordance with the requirements of WAC 296- M to exceed 300 µgig Cr, or the level of CdB to exceed 5 62-07423 (4)(b). After completing the medical examination, µg/lwb, the employer shall comply with the requirements of the examining physician shall determine in a written medical (b)(i) through (iii) of this subsection; and opinion whether to medically remove the employee. If the (iii) If the results of the initial biological monitoring physician determines that medical removal is not necessary, tests show the level of CdU to be in excess of 7 µg/g Cr, or then until the employee's CdU level falls to or below 3 µg/g the level of CdB to be in excess of I 0 µg/lwb, or the level Cr, 62-M level falls to or below 300 µgig Cr and CdB level of Bz-M to be in excess of 750 µgig Cr, the employer shall: falls to or below 5 µg/lwb, the employer shall: Comply with the requirements of (b)(i) through (ii) of this (A) Provide biological monitoring in accordance with subsection; and, within ninety days after receipt of biological subsection (2)(b )(ii) of this section on a semiannual basis; monitoring results, provide a full medical examination to the and employee in accordance with the requirements of subsection (B) Provide annual medical examinations in accordance (4)(b) of this section. After completing the medical exami- with subsection (4)(b) of this section. nation, the examining physician shall determine in a written (c) For all employees who are subject to medical medical opinion whether to medically remove the employee. surveillance under subsection (l)(a) of this section, if the However, if the initial biological monitoring results and the results of the initial biological monitoring tests show the biological monitoring results obtained during the medical level of CdU to be in excess of 15 µgig Cr, or the level of examination both show that: CdU exceeds 7 µg/g Cr; or CdB to be in excess of 15 µg/lwb, or the level of Bz-M to be CdB exceeds 10 µg/lwb; or B2-M exceeds 750 µgig Cr, and in excess of 1,500 µgig Cr, the employer shall comply with in addition CdU exceeds 3 µgig Cr or CdB exceeds 5 µg/liter the requirements of (b)(i) and (ii) of this subsection. Within of whole blood, then the physician shall medically remove ninety days after receipt of biological monitoring results, the the employee from exposure to cadmium at or above the employer shall provide a full medical examination to the action level. If the second set of biological monitoring employee in accordance with the requirements of subsection results obtained during the medical examination does not (4)(b) of this section. After completing the medical exami- show that a mandatory removal trigger level has been nation, the examining physician shall determine in a written exceeded, then the employee is not required to be removed medical opinion whether to medically remove the employee. by the mandatory provisions of this section. If the employee However, if the initial biological monitoring results and the is not required to be removed by the mandatory provisions biological monitoring results obtained during the medical of this section or by the physician's determination, then until examination both show that: CdU exceeds 15 µg/g Cr; or the employee's CdU level falls to or below 3 µg/g Cr, 62-M CdB exceeds 15 µg/lwb; or 62-M exceeds 1500 µgig Cr, and level falls to or below 300 µgig Cr and CdB level falls to or in addition CdU exceeds 3 µgig Cr or CdB exceeds 5 below 5 µg/lwb, the employer shall: periodically reassess µg/liter of whole blood, then the physician shall medically the employee's occupational exposure to cadmium; provide remove the employee from exposure to cadmium at or above biological monitoring in accordance with subsection (2)(b)(ii) the action level. If the second set of biological monitoring of this section on a quarterly basis; and provide semiannual results obtained during the medical examination does not medical examinations in accordance with subsection (4)(b) show that a mandatory removal trigger level has been of this section. exceeded, then the employee is not required to be removed (4) Periodic medical surveillance. by the mandatory provisions of this section. If the employee (a) For each employee who is covered under subsection is not required to be removed by the mandatory provisions ( 1 )(a)(i) of this section, the employer shall provide at least of this section or by the physician's determination, then until the minimum level of periodic medical surveillance, which the employee's CdU level falls to or below 3 µgig Cr, Bz-M consists of periodic medical examinations and periodic level falls to or below 300 µg/g Cr and CdB level falls to or biological monitoring. A periodic medical examination shall below 5 µg/lwb, the employer shall: be provided within one year after the initial examination (i) Periodically reassess the employee's occupational required by subsection (2) of this section and thereafter at exposure to cadmium; least biennially. Biological sampling shall be provided at (ii) Provide biological monitoring in accordance with least annually, either as part of a periodic medical examina- subsection (2)(b)(ii) of this section on a quarterly basis; and tion or separately as periodic biological monitoring. (iii) Provide semiannual medical examinations in (b) The periodic medical examination shall include: accordance with subsection (4)(b) of this section. (i) A detailed medical and work history, or update (d) For all employees to whom medical surveillance is thereof, with emphasis on: Past, present and anticipated provided, beginning on January 1, 1999, and in lieu of (a) future exposure to cadmium; smoking history and current through (c) of this subsection: status; reproductive history; current use of medications with (i) If the results of the initial biological monitoring tests potential nephrotoxic side-effects; any history of renal, show the employee's CdU level to be at or below 3 µgig Cr, cardiovascular, respiratory, hematopoietic, and/or musculo- B2-M level to be at or below 300 µgig Cr and CdB level to skeletal system dysfunction; and as part of the medical and be at or below 5 µg/lwb, then for currently exposed employ- work history, for employees who wear respirators, questions ees, the employer shall comply with the requirements of 3-11 and 25-32 in WAC 296-62-07447, Appendix D; (a)(i) of this subsection and for previously exposed employ- [ 199] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 (ii) A complete physical examination with emphasis on: medical examinations in accordance with the provisions of Blood pressure, the respiratory system, and the urinary (b) of this subsection until the results of biological monitor- system; ing are consistently below these levels or the examining (iii) A 14 inch by 17 inch, or a reasonably standard physician determines in a written medical opinion that sized posterior-anterior chest X-ray (after the initial X-ray, further medical surveillance is not required to protect the the frequency of chest X-rays is to be determined by the employee's health. examining physician); (f) A routine, biennial medical examination is not (iv) Pulmonary function tests, including forced vital required to be provided in accordance with subsections (3)(a) capacity (FVC) and forced expiratory volume at 1 second and (4) of this section if adequate medical records show that (FEVl); the employee has been examined in accordance with the (v) Biological monitoring, as required in subsection requirements of (b) of this subsection within the past twelve (2)(b)(ii) of this section; months. In that case, such records shall be maintained by (vi) Blood analysis, in addition to the analysis required the employer as part of the employee's medical record, and under this section, including blood urea nitrogen, complete the next routine, periodic medical examination shall be made blood count, and serum creatinine; available to the employee within two years of the previous (vii) Urinalysis, in addition to the analysis required examination. under subsection (2)(b)(ii) of this section, including the (5) Actions triggered by medical examinations. determination of albumin, glucose, and total and low If the results of a medical examination carried out in molecular weight proteins; accordance with this section indicate any laboratory or (viii) For males over forty years old, prostate palpation, clinical finding consistent with cadmium toxicity that does or other at least as effective diagnostic test(s); and not require employer action under subsections (2), (3), or (4) (ix) Any additional tests deemed appropriate by the of this section, the employer, within thirty days, shall examining physician. reassess the employee's occupational exposure to cadmium (c) Periodic biological monitoring shall be provided in and take the following corrective action until the physician accordance with subsection (2)(b)(ii) of this section. determines they are no longer necessary: (d) If the results of periodic biological monitoring or the (a) Periodically reassess: The employee's work practic- results of biological monitoring performed as part of the es and personal hygiene; the employee's respirator use, if periodic medical examination show the level of the any; the employee's smoking history and status; the respira- employee's CdU, B2-M, or CdB to be in excess of the levels tory protection program; the hygiene facilities; and the specified in subsection (3)(b) ((through)) or (c) of this maintenance and effectiveness of the relevant engineering section; or, beginning on January 1, 1999, in excess of the controls; levels specified in subsection (3)(b) or (d) of this section, the (b) Within thirty days after the reassessment, take all employer shall take the appropriate actions specified in reasonable steps to correct the deficiencies found in the subsection (3){b) through ((fet))@ of this section. reassessment that may be responsible for the employee's (e) For previously exposed employees under subsection excess exposure to cadmium; (1 )(a)(ii) of this section: (c) Provide semiannual medical reexaminations to (i) If the employee's levels of CdU did not exceed 3 evaluate the abnormal clinical sign(s) of cadmium toxicity µgig Cr, CdB did not exceed 5 µgllwb, and BrM did not until the results are normal or the employee is medically exceed 300 µgig Cr in the initial biological monitoring tests, removed; and and if the results of the followup biological monitoring (d) Where the results of tests for total proteins in urine required by subsection (3)(a)(ii) of this section ((wtffti.tt)) one are abnormal, provide a more detailed medical evaluation of year after the initial examination confirm the previous the toxic effects of cadmium on the employee's renal results, the employer may discontinue all periodic medical system. surveillance for that employee. (6) Examination for respirator use. (ii) If the initial biological monitoring results for CdU, (a) To determine an employee's fitness for respirator CdB, or B2-M were in excess of the levels specified in use, the employer shall provide a medical examination that subsection (3)(a) of this section, but subsequent biological includes the elements specified in (a)(i) through (iv) of this monitoring results required by subsection (3)(b) through (e) subsection. This examination shall be provided prior to the of this section sh9w that the employee's CdU levels no employee's being assigned to a job that requires the use of longer exceed 3 µgig Cr, CdB levels no longer exceed 5 a respirator or no later than ninety days after this section µg/lwb, and B2-M levels no longer exceed 300 µgig Cr, the goes into effect, whichever date is later, to any employee employer shall provide biological monitoring for CdU, CdB, without a medical examination within the preceding twelve and BrM ((~)) one year after these most recent biologi- months that satisfies the requirements of this paragraph. cal monitoring results. If the results of the followup (i) A detailed medical and work history, or update biological monitoring ((withiR eRe year)), specified in this thereof, with emphasis on: Past exposure to cadmium; section, confirm the previous results, the employer may smoking history and current status; any history of renal, discontinue all periodic medical surveillance for that employ- cardiovascular, respiratory, hematopoietic, and/or musculo- ee. skeletal system dysfunction; a description of the job for (iii) However, if the results of the follow-up tests which the respirator is required; and questions 3 through 11 specified in (e)(i) or (ii) of this subsection indicate that the and 25 through 32 in WAC 296-62-07447, appendix D; ·level of the employee's CdU, B2-M, or CdB exceeds these (ii) A blood pressure test; same levels, the employer is required to provide annual Permanent C 200 I Washington State Register, Issue 93-21 WSR 93-21-075 (iii) Biological monitoring of the employee's levels of including when and for how long the employee has used that CdU, CdB and BrM in accordance with the requirements of equipment; and subsection (2)(b)(ii) of this section, unless such results (e) Relevant results of previous biological monitoring already have been obtained within the previous twelve and medical examinations. months; and (10) Physician's written medical opinion. (iv) Any other test or procedure that the examining (a) The employer shall promptly obtain a written, signed physician deems appropriate. medical opinion from the examining physician for each (b) After reviewing all the information obtained from medical examination performed on each employee. This the medical examination required in (a) of this subsection, written opinion shall contain: the physician shall determine whether the employee is fit to (i) The physician's diagnosis for the employee; wear a respirator. (ii) The physician's opinion as to whether the employee (c) Whenever an employee has exhibited difficulty in has any detected medical condition(s) that would place the breathing during a respirator fit test or during use of a employee at increased risk of material impairment to health respirator, the employer, as soon as possible, shall provide from further exposure to cadmium, including any indications the employee with a periodic medical examination in of potential cadmium toxicity; accordance with subsection (4)(b) of this section to deter- (iii) The results of any biological or other testing or mine the employee's fitness to wear a respirator. related evaluations that directly assess the employee's (d) Where the results of the examination required under absorption of cadmium; (a)i...!.Q1 or ((fbt)) 1.£2. of this subsection are abnormal, (iv) Any recommended removal from, or limitation on medical limitation or prohibition of respirator use shall be the activities or duties of the employee or on the employee's considered. If the employee is allowed to wear a respirator, use of personal protective equipment, such as respirators; the employee's ability to continue to do so shall be periodi- (v) A statement that the physician has clearly and cally evaluated by a physician. carefully explained to the employee the results of the (7) Emergency examinations. medical examination, including all biological monitoring (a) In addition to the medical surveillance required in results and any medical conditions related to cadmium subsections (2) through (6) of this section, the employer exposure that require further evaluation or treatment, and any shall provide a medical examination as soon as possible to limitation on the employee's diet or use of medications. any employee who may have been acutely exposed to (b) The employer promptly shall obtain a copy of the cadmium because of an emergency. results of any biological monitoring provided by an employer (b) The examination shall ·include the requirements of to an employee independently of a medical examination subsection (4)(b) of this section, with emphasis on the under subsections (2) and (4) of this section, and, in lieu of respiratory system, other organ systems considered appropri- a written medical opinion, an explanation sheet explaining ate by the examining physician, and symptoms of acute those results. overexposure, as identified in WAC 296-62-07441 (2)(b)(i) (c) The employer shall instruct the physician not to through (ii) and (4), appendix A. reveal orally or in the written medical opinion given to the (8) Termination of employment examination. employer specific findings or diagnoses unrelated to occupa- (a) At termination of employment, the employer shall tional exposure to cadmium. provide a medical examination in accordance with subsection (11) Medical removal protection (MRP). (4)(b) of this section, including a chest x-ray, to any employ- (a) General. ee to whom at any prior time the employer was required to (i) The employer shall temporarily remove an employee provide medical surveillance under subsection (l)(a) or (7) from work where there is excess exposure to cadmium on of this section. However, if the last examination satisfied each occasion that medical removal is required under the requirements of subsection (4)(b) of this section and was subsection (3), (4), or (6) of this section and on each less than six months prior to the date of termination, no occasion that a physician determines in a written medical further examination is required unless otherwise specified in opinion that the employee should be removed from such subsection (3) or (5) of this section; exposure. The physician's determination may be based on (b) However, for employees covered by subsection biological monitoring results, inability to wear a respirator, (l)(a)(ii) of this section, if the employer has discontinued all evidence of illness, other signs or symptoms of cadmium- periodic medical surveillance under subsection (4)(e) of this related dysfunction or disease, or any other reason deemed section, no termination of employment medical examination medically sufficient by the physician. is required. (ii) The employer shall medically remove an employee (9) Information provided to the physician. The employ- in accordance with this subsection regardless of whether at er shall provide the following information to the examining the time of removal a job is available into which the physician: removed employee may be transferred. (a) A copy of this standard and appendices; (iii) Whenever an employee is medically removed under (b) A description of the affected employee's former, this subsection, the employer shall transfer the removed current, and anticipated duties as they relate to the employee to a job where the exposure to cadmium is within employee's occupational exposure to cadmium; the permissible levels specified in that ((fllH'BgFtlflA)) subsec- (c) The employee's former, current, and anticipated tion as soon as one becomes available. future levels of occupational exposure to cadmium; (iv) For any employee who is medically removed under (d) A description of any personal protective equipment, the provisions of (a) of this subsection, the employer shall including respirators, used or to be used by the employee, provide follow-up biological monitoring in accordance with [ 201 ] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 subsection (2)(b)(ii) of this section at least every three as if the employee had not been removed from th1 months and follow-up medical examinations semiannually at employee's job or otherwise medically limited. least every six months until in a written medical opinion the (c) Where, after eighteen months on medical remova examining physician determines that either the employee because of elevated biological monitoring results, th1 may be returned to his/her former job status as specified employee's monitoring results have not declined to a lov under (d) through (e) of this subsection or the employee enough level to permit the employee to be returned to his/he must be permanently removed from excess cadmium former job status: exposure. (i) The employer shall make available to the employe1 (v) The employer may not return an employee who has a medical examination pursuant in order to obtain a fina been medically removed for any reason to his/her former job medical determination as to whether the employee may b1 status until a physician determines in a written medical returned to his/her former job status or must be permanent!: opinion that continued medical removal is no longer neces- removed from excess cadmium exposure; and sary to protect the employee's health. (ii) The employer shall assure that the final medica (b) Where an employee is found unfit to wear a respira- determination indicates whether the employee may b1 tor under subsection (6)(b) of this section, the employer shall returned to his/her former job status and what steps, if any remove the employee from work where exposure to cadmi- should be taken to protect the employee's health. um is above the PEL. (d) The employer may condition the provision of MRPI (c) Where removal is based on any reason other than the upon the employee's participation in medical surveillanc1 employee's inability to wear a respirator, the employer shall provided in accordance with this section. remove the employee from work where exposure to cadmi- (13) Multiple physician review. um is at or above the action level. (a) If the employer selects the initial physician tc (d) Except as specified in (e) of this subsection, no conduct any medical examination or consultation provided tc employee who was removed because his/her level of CdU, an employee under this section, the employee may designat1 CdB and/or 132-M exceeded the ((FHa1Hlatery)) medical a second physician to: removal trigger levels in subsection (3) or (4) of this section (i) Review any findings, determinations, or recommen may be returned to work with exposure to cadmium at or dations of the initial physician; and above the action level until the employee's levels of CdU (ii) Conduct such examinations, consultations, am fall to or below 3 µg/g Cr, CdB falls to or below 5 µg/lwb, laboratory tests as the second physician deems necessary t1 and 132-M falls to or below 300 µg/g Cr. facilitate this review. (e) However, when in the examining physician's opinion (b) The employer shall promptly notify an employee o continued exposure to cadmium will not pose an increased the right to seek a second medical opinion after eacl risk to the employee's health and there are special circum- occasion that an initial physician provided by the employe stances that make continued medical removal an inappropri- conducts a medical examination or consultation pursuant t1 ate remedy, the physician shall fully discuss these matters this section. The employer may condition its participatio1 with the employee, and then in a written determination may in, and payment for, multiple physician review upon th return a worker to his/her former job status despite what employee doing the following within fifteen days afte would otherwise be unacceptably high biological monitoring receipt of this notice, or receipt of the initial physician' results. Thereafter, the returned employee shall continue to written opinion, whichever is later: be provided with medical surveillance as if he/she were still (i) Informing the employer that he or she intends to see] on medical removal until the employee's levels of CdU fall a medical opinion; and to or below 3 µgig Cr, CdB falls to or below 5 µg/lwb, and (ii) Initiating steps to make an appointment with 132-M falls to or below 300 µg/g Cr. · second physician. (f) Where an employer, although not required by (a) (c) If the findings, determinations, or recommendation through (c) of this subsection to do so, removes an employee of the second physician differ from those of the initia from exposure to cadmium or otherwise places limitations on physician, then the employer and the employee shall assur, an employee due to the effects of cadmium exposure on the that efforts are made for the two physicians to resolve an: employee's medical condition, the employer shall provide the disagreement. same medical removal protection benefits to that employee (d) If the two physicians have been unable to quickl: under subsection (12) of this section as would have been resolve their disagreement, then the employer and th provided had the removal been required under (a) through employee, through their respective physicians, shall designat ( c) of this subsection. a third physician to: (12) Medical removal protection benefits (MRPB). (i) Review any findings, determinations, or recommen (a) The employer shall provide MRPB for up to a dations of the other two physicians; and maximum of eighteen months to an employee each time and (ii) Conduct such examinations, consultations, laborator while the employee is temporarily medically removed under tests, and discussions with the other two physicians as th subsection (11) of this section. third physician deems necessary to resolve the disagreemer (b) For purposes of this section, the requirement that the among them. employer provide MRPB means that the employer shall (e) The employer shall act consistently with the find maintain the total normal earnings, seniority, and all other ings, determinations, and recommendations of the thir, employee rights and benefits of the removed employee, physician, unless the employer and the employee reach a including the employee's right to his/her former job status, agreement that is consistent with the recommendations of< least one of the other two physicians. Permanent [ 202] Washington State Register, Issue 93-21 WSR 93-21-075 (14) Alternate physician determination. The employer DANGER CONTAINS CADMIUM CANCER HAZARD AVOID and an employee or designated employee representative may CREATING DUST CAN CAUSE LUNG AND KIDNEY DISEASE agree upon the use of any alternate form of physician (c) Where feasible, installed cadmium products shall determination in lieu of the multiple physician review have a visible label or other indication that cadmium is provided by subsection ( 13) of this section, so long as the present. alternative is expeditious and at least as protective of the (4) Employee information and training. employee. (a) The employer shall institute a training program for ( 15) Information the employer must provide the employ- all employees who are potentially exposed to cadmium, ee. assure employee participation in the program, and maintain (a) The employer shall provide a copy of the physician's a record of the contents of such program. written medical opinion to the examined employee within (b) Training shall be provided prior to or at the time of two weeks after receipt thereof. initial assignment to a job involving potential exposure to (b) The employer shall provide the employee with a cadmium and at least annually thereafter. copy of the employee's biological monitoring results and an (c) The employer shall make the training program explanation sheet explaining the results within two weeks understandable to the employee and shall assure that each after receipt thereof. employee is informed of the following: (c) Within thirty days after a request by an employee, (i) The health hazards associated with cadmium expo- the employer shall provide the employee with the informa- sure, with special attention to the information incorporated tion the employer is required to provide the examining in WAC 296-62-07441, appendix A; physician under subsection (9) of this section. (ii) The quantity, location, manner of use, release, and ( 16) Reporting. In addition to other medical events that storage of cadmium in the workplace and the specific nature are required to be reported on the OSHA Form No. 200, the of operations that could result in exposure to cadmium, employer shall report any abnormal condition or disorder especially exposures above the PEL; caused by ((e1E flOS1 1re to)) occupational ((faeteffi)) exposure (iii) The engineering controls and work practices to cadmium associated with employment as specified in associated with the employee's job assignment; WAC 296-27-060. (iv) The measures employees can take to protect themselves from exposure to cadmium, including modifica- AMENDATORY SECTION (Amending Order 93-01, filed tion of such habits as smoking and personal hygiene, and 3/13/93, effective 4/27/93) specific procedures the employer has implemented to protect WAC 296-62-07425 Communication of cadmium employees from exposure to cadmium such as appropriate hazards to employees. (I) General. In communications work practices, emergency procedures, and the provision of concerning cadmium hazards, employers shall comply with personal protective equipment; the requirements of WISHA's Hazard Communication (v) The purpose, proper selection, fitting, proper use, Standard, chapter 296-62 WAC, Part C, including but not and limitations of respirators and protective clothing; limited to the requirements concerning warning signs and (vi) The purpose and a description of the medical labels, material safety data sheets (MSDS), and employee surveillance program required by WAC 296-62-07423; information and training. In addition, employers shall (vii) The contents of this section and its appendices; and comply with the following requirements: (viii) The employee's rights of access to records under (2) Warning signs. WAC 296-62-05213. (a) Warning signs shall be provided and displayed in (d) Additional access to information and training regulated areas. In addition, warning signs shall be posted program and materials. at all approaches to regulated areas so that an employee may (i) The employer shall make a copy of this section and read the signs and take necessary protective steps before its appendices readily available without cost to all affected entering the area. employees and shall provide a copy if requested. (b) Warning signs required by (a) of this subsection (ii) The employer shall provide to the director, upon shall bear the following information: request, all materials relating to the employee information and the training program. DANGER CADMIUM CANCER HAZARD CAN CAUSE LUNG AND KIDNEY DISEASE AUTHORIZED PERSONNEL ONLY AMENDATORY SECTION (Amending Order 93-01, filed RESPIRATORS REQUIRED IN THIS AREA 3/13/93, effective 4/27/93) (c) The employer shall assure that signs required by this ((flaragrafJh)) subsection are illuminated, cleaned, and WAC 296-62-07441 Appendix A, substance safety maintained as necessary so that the legend is readily visible. data sheet-Cadmium. (1) Substance identification. (a) Substance: Cadmium. (3) Warning labels. (b) 8-Hour, time-weighted-average, permissible exposure (a) Shipping and storage containers containing cadmium, limit (TWA PEL): cadmium compounds, or cadmium contaminated clothing, (c) TWA PEL: Five micrograms of cadmium per cubic equipment, waste, scrap, or debris shall bear appropriate meter of air 5 µg/m3, time-weighted average (TWA) for an warning labels, as specified in (b) of this subsection. 8-hour workday. (b) The warning labels shall include at least the follow- (d) Appearance: Cadmium metal-soft, blue-white, ing information: malleable, lustrous metal or grayish-white powder. Some [ 203 J Permanent WSR 93-21-075 Washington State Register, Issue 93-21 cadmium compounds may also appear as a brown, yellow, (3) Employee information. or red powdery substance. (a) Protective clothing and equipment. (2) Health hazard data. (i) Respirators: You may be required to wear a respira

Principle Routes of Exposure

Cadmium can cause local skin tor for nonroutine activities; in emergencies; while yoUJ or eye irritation. Cadmium can affect your health if you employer is in the process of reducing cadmium .exposure: inhale it or if you swallow it. through engineering controls; and where engineering control: (b) Effects of overexposure. are not feasible. If respirators are worn in the future, the) (i) Short-term (acute) exposure: Cadmium is much must have a joint Mine Safety and Health Administratior more dangerous by inhalation than by ingestion. High (MSHA) and National Institute for Occupational Safety anc exposures to cadmium that may be immediately dangerous Health (NIOSH) label of approval. Cadmium does not havt to life or health occur in jobs where workers handle large a detectable odor except at levels well above the permissibh quantities of cadmium dust or fume; heat cadmium-contain- exposure limits. If you can smell cadmium while wearin! i ng compounds or cadmium-coated surfaces; weld with a respirator, proceed immediately to fresh air. If yot cadmium solders or cut cadmium-containing materials such experience difficulty breathing while wearing a respirator as bolts. tell your employer. (ii) Severe exposure may occur before symptoms (ii) Protective clothing: You may be required to wea1 appear. Early symptoms may include mild irritation of the impermeable clothing, gloves, foot gear, a face shield, o: upper respiratory tract, a sensation of constriction of the other appropriate protective clothing to prevent skin contac throat, a metallic taste and/or a cough. A period of one to with cadmium. Where protective clothing is required, you1 ten hours may precede the onset of rapidly progressing employer must provide clean garments to you as necessaIJ shortness of breath, chest pain, and flu-like symptoms with to assure that the clothing protects you adequately. Tht weakness, fever, headache, chills, sweating, and muscular employer must replace or repair protective clothing that ha: pain. Acute pulmonary edema usually develops within become torn or otherwise damaged. twenty-four hours and reaches a maximum by three days. If (iii) Eye protection: You may be required to wea death from asphyxia does not occur, symptoms may resolve splash-proof or dust resistant goggles to prevent eye contac within a week. with cadmium. (iii) Long-term (chronic) exposure. Repeated or long- (b) Employer requirements. term exposure to cadmium, even at relatively low concentra- (i) Medical: If you are exposed to cadmium at or abovt tions, may result in kidney damage and an increased risk of the action level, your employer is required to provide : cancer of the lung and of the prostate. medical examination, laboratory tests and a medical histoq (c) Emergency first aid procedures. according to the medical surveillance provisions under WAC (i) Eye exposure: Direct contact may cause redness or 296-62-07423. (See summary chart and tables in thi: pain. Wash eyes immediately with large amounts of water, section, appendix A.) These tests shall be provided withou lifting the upper and lower eyelids. Get medical attention cost to you. In addition, if you are accidentally exposed tc immediately. cadmium under conditions known or suspected to constitutt (ii) Skin exposure: Direct contact may result in irrita- toxic exposure to cadmium, your employer is required tc tion. Remove contaminated clothing and shoes immediately. make special tests available to you. Wash affected area with soap or mild detergent and large (ii) Access to records: All medical records are kep amounts of water. Get medical attention immediately. strictly confidential. You or your representative are entitlec (iii) Ingestion: Ingestion may result in vomiting, to see the records of measurements of your exposure tc abdominal pain, nausea, diarrhea, headache, and sore throat. cadmium. Your medical examination records can bt Treatment for symptoms must be administered by medical furnished to your personal physician or designated represen personnel. Under no circumstances should the employer tative upon request by you to your employer. allow any person whom he/she retains, employs, supervises, (iii) Observation of monitoring: Your employer i: or controls to engage in therapeutic chelation. Such treat- required to perform measurements that are representative o ment is likely to translocate cadmium from pulmonary or your exposure to cadmium and you or your designatec other tissue to renal tissue. Get medical attention immedi- representative are entitled to observe the monitoring proce ately. <lure. You are entitled to observe the steps taken in tht (iv) Inhalation: If large amounts of cadmium are measurement procedure, and to record the results obtained inhaled, the exposed person must be moved to fresh air at When the monitoring procedure is taking place in an are: once. If breathing has stopped, perform cardiopulmonary where respirators or personal protective clothing and equip resuscitation. Administer oxygen if available. Keep the ment are required to be worn, you or your representativt affected person warm and at rest. Get medical attention must also be provided with, and must wear the protectivt · immediately. clothing and equipment. (v) Rescue: Move the affected person from the hazard- (c) Employee requirements. You will not be able tc ous exposure. If the exposed person has been overcome, smoke, eat, drink, chew gum or tobacco, or apply cosmetic: attempt rescue only after notifying at least one other person while working with cadmium in regulated areas. You wil of the emergency and putting into effect established emer- also not be able to carry or store tobacco products, gum gency procedures. Do not become a casualty yourself. food, drinks, or cosmetics in regulated areas because these Understand your emergency rescue procedures and know the products easily become contaminated with cadmium from the location of the emergency equipment before the need workplace and can therefore create another source .Q. arises. unnecessary ((et)) cadmium exposure. Some workers wil Permanent C 204 J Washington State Register, Issue 93-21 WSR 93-21-075 have to change out of work clothes and shower at the end of proteinuria is a sign of irreversible kidney damage (Friberg the day, as part of their workday, in order to wash cadmium et al., 1974; Roels et al., 1982; Piscator 1984; Elinder et al., from skin and hair. Handwashing and cadmium-free eating 1985; Smith et al., 1986). Above specific levels of 82-M facilities shall be provided by the employer and proper associated with cadmium exposure it is unlikely that BrM hygiene should always be performed before eating. It is also levels return to normal even when cadmium exposure is recommended that you do not smoke or use tobacco prod- eliminated by removal of the individual from the cadmium ucts, because among other things, they naturally contain work environment (Friberg, Ex. 29, 1990). Some studies cadmium. For further information, read the labeling on such indicate that such proteinuria may be progressive; levels of products. 82-M observed in the urine increase with time even after (4) Physician information. cadmium exposure has ceased. See, for example, Elinder et (a) Introduction. The medical surveillance provisions of al., 1985. Such observations, however, are not universal, WAC 296-62-07423 generally are aimed at accomplishing and it has been suggested that studies in which proteinuria three main interrelated purposes: First, identifying employ- has not been observed to progress may not have tracked ees at higher risk of adverse health effects from excess, patients for a sufficiently Jong time interval (Jarup, Ex. 8- chronic exposure to cadmium; second, preventing cadmium- 661). When cadmium exposure continues after the onset of induced disease; and third, detecting and minimizing existing proteinuria, chronic nephrotoxicity may occur (Friberg, Ex. cadmium-induced disease. The core of medical surveillance 29). Uremia results from the inability of the glomerulus to in this standard is the early and periodic monitoring of the adequately filter blood. This leads to severe disturbance of employee's biological indicators of: electrolyte concentrations and may lead to various clinical (i) Recent exposure to cadmium; complications including kidney stones (L-140-50). After (ii) Cadmium body burden; and proIOnged exposure to cadmium, glomerular proteinuria, (iii) Potential and actual kidney damage associated with glucosuria, aminoaciduria, phosphaturia, and hypercalciuria exposure to cadmium. The main adverse health effects may develop (Exs. 8-86, 4-28, 14-18). Phosphate, calcium, associated with cadmium overexposure are lung cancer and glucose, and amino acids are essential to life, and under kidney dysfunction. It is not yet known how to adequately normal conditions, their excretion should be regulated by the biologically monitor human beings to specifically prevent kidney. Once low molecular weight proteinuria has devel- cadmium-induced lung cancer. By contrast, the kidney can oped, these elements dissipate from the human body. Loss be monitored to provide prevention and early detection of of glomerular function may also occur, manifested by cadmium-induced kidney damage. Since, for decreased glomerular filtration rate and increased serum noncarcinogenic effects, the kidney is considered the primary creatinine. Severe cadmium-induced renal damage may target organ of chronic exposure to cadmium, the medical eventually develop into chronic renal failure and uremia (Ex. surveillance provisions of this standard effectively focus on 55). Studies in which animals are chronically exposed to cadmium-induced kidney disease. Within that focus, the cadmium confirm the renal effects observed in humans aim, where possible, is to prevent the onset of such disease (Friberg et al., 1986). Animal studies also confirm problems and, where necessary, to minimize such disease as may with calcium metabolism and related skeletal effects which already exist. The by-products of successful prevention of have been observed among humans exposed to cadmium in kidney disease are anticipated to be the reduction and addition to the renal effects. Other effects commonly prevention of other cadmium-induced diseases. reported in chronic animal studies include anemia, changes

Potential health effects

The major health effects associated in liver morphology, immunosuppression and hypertension. with cadmium overexposure are described below. Some of these effects may be associated with co-factors. (i) Kidney: The most prevalent nonmalignant disease Hypertension, for example, appears to be associated with diet observed among workers chronically exposed to cadmium is as well as cadmium exposure. Animals injected with kidney dysfunction. Initially, such dysfunction is manifested cadmium have also shown testicular necrosis (Ex. 8- 86B). as proteinuria. The proteinuria associated with cadmium (ii) Biological markers. It is universally recognized that exposure is most commonly characterized by excretion of the best measures of cadmium exposures and its effects are low-molecular weight proteins (15,000 to 40,000 MW) measurements of cadmium in biological fluids, especially accompanied by loss of electrolytes, uric acid, calcium, urine and blood. Of the two, CdU is conventionally used to amino acids, and phosphate. The compounds commonly determine body burden of cadmium in workers without excreted include: beta-2-microglobulin (B2-M), retinol kidney disease. CdB is conventionally used to monitor for binding protein (RBP), immunoglobulin light chains, and recent exposure to cadmium. In addition, levels of CdU and Jysozyme. Excretion of low molecular weight proteins are CdB historically have been used to predict the percent of the characteristic of damage to the proximal tubules of the population likely to develop kidney disease (Thun et al., Ex. kidney (I wao et al., 1980). It has also been observed that L-140-50; WHO, Ex. 8-674; ACGIH, Exs. 8-667, 140-50). exposure to cadmium may lead to urinary excretion of high- The third biological parameter upon which WISHA relies molecular weight proteins such as albumin, immunoglobulin for medical surveillance is beta-2-microglobulin in urine G, and glycoproteins (Ex. 29). Excretion of high-molecular (Bi-M), a low molecular weight protein. Excess B2-M has weight proteins is typically indicative of damage to the been widely accepted by physicians and scientists as a glomeruli of the kidney. Bernard et al., (1979) suggest that reliable indicator of functional damage to the proximal damage to the glomeruli and damage to the proximal tubules tubule of the kidney (Exs. 8-447, 144-3-C, 4-47, L-140-45, of the kidney may both be linked to cadmium exposure but 19-43-A). Excess BrM is found when the proximal tubules they may occur independently of each other. Several can no longer reabsorb this protein in a normal manner. studies indicate that the onset of low-molecular weight This failure of the proximal tubules is an early stage of a [ 205 ] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 kind of kidney disease that commonly occurs among workers cancer and cadmium exposure derives from both epidemio- with excessive cadmium exposure. Used in conjunction with logical studies and animal experiments. Mortality from biological test results indicating abnormal levels of CdU and prostate cancer associated with cadmium is slightly elevated CdB, the finding of excess 8 2-M can establish for an in several industrial cohorts, but the number of cases is small examining physician that any existing kidney disease is and there is not clear dose-response relationship. More probably cadmium-related (Trs. 616190, pp. 82-86, 122, 134). substantive evidence exists for lung cancer. The major The upper limits of normal levels for cadmium in urine and epidemiological study of lung cancer was conducted by Thun cadmium in blood are 3 µg Cd/gram creatinine in urine and et al., (Ex. 4-68). Adequate data on cadmium exposures 5 µgCd/liter whole blood, respectively. These levels were were available to allow evaluation of dose-response relation- derived from broad-based population studies. Three issues ships between cadmium exposure and lung cancer. A confront the physicians in the use of 82-M as a marker of statistically significant excess of lung cancer attributed to kidney dysfunction and material impairment. First, there are cadmium exposure was observed in this study even when a few other causes of elevated levels of 82-M not related to confounding variables such as co-exposure to arsenic and cadmium exposures, some of which may be rather common smoking habits were taken into consideration (Ex. L-140-50). diseases and some of which are serious diseases (e.g., The primary evidence for quantifying a link between lung myeloma or transient flu, Exs. 29 and 8-086). These can be cancer and cadmium exposure from animal studies derives medically evaluated as alternative causes (Friberg, Ex. 29). from two rat bioassay studies; one by Takenaka et al., Also, there are other factors that can cause Bz-M to degrade (1983), which is a study of cadmium chloride and a second so that low· levels would result in workers with tubular study by Oldiges and Glaser (1990) of four cadmium dysfunction. For example, regarding the degradation of compounds. Based on the above cited studies, the U.S. Bz-M, workers with acidic urine (pH<6) might have Bz-M Environmental Protection Agency (EPA) classified cadmium levels that are within the "normal" range when in fact kidney as "Bl", a probable human carcinogen, in 1985 (Ex. 4-4). dysfunction has occurred (Ex. L-140-1) and the low molecu- The International Agency for Research on Cancer (IARC) in lar weight proteins are degraded in acid urine. Thus, it is 1987 also recommended that cadmium be listed as "2A", a very important that the pH of urine be measured, that urine probable human carcinogen (Ex. 4-15). The American samples be buffered as necessary (See WAC 296-62-07451, Conference of Governmental Industrial Hygienists (ACGIH) appendix F.), and that urine samples be handled correctly, has recently recommended that cadmium be labeled as a i.e., measure the pH of freshly voided urine samples, then if carcinogen. Since 1984, NIOSH has concluded that cadmi- necessary, buffer to Ph>6 (or above for shipping purposes), um is possibly a human carcinogen and has recommended measure Ph again and then, perhaps, freeze the sample for that exposures be controlled to the lowest level feasible. storage and shipping. (See also WAC 296-62-07451, (iv) Noncarcinogenic effects. Acute pneumonitis occurs appendix F.) Second, there is debate over the pathological 10 to 24 hours after initial acute inhalation of high levels of significance of proteinuria, however, most world experts cadmium fumes with symptoms such as fever and chest pain believe that 8 2-M levels greater than 300 µgig Cr are (Exs. 30, 8-86B). In extreme exposure cases pulmonary abnormal (Elinder, Ex. 55, Friberg, Ex. 29). Such levels edema may develop and cause death several days after signify kidney dysfunction that constitutes material impair- exposure. Little actual exposure measurement data is ment of health. Finally, detection of 82-M at low levels has available on the level of airborne cadmium exposure that often been considered difficult, however, many laboratories causes such immediate adverse lung effects, nonetheless, it have the capability of detecting excess Bz-M using simple is reasonable to believe a cadmium concentration of approxi- kits, such as the Phadebas Delphia test, that are accurate to mately 1 mg/m3 over an eight hour period is "immediately levels of I 00 µg 82-M/g Cr U (Ex. L-140-1 ). Specific dangerous" (55 FR 4052, ANSI; Ex. 8-86B). In addition to recommendations for ways to measure 82-M and proper acute lung effects and chronic renal effects, long term handling of urine samples to prevent degradation of Bz-M exposure to cadmium may cause other severe effects on the have been addressed by WIS HA in WAC 296-62-07451, respiratory system. Reduced pulmonary function and appendix F, in the section on laboratory standardization. All chronic lung disease indicative of emphysema have been biological samples must be analyzed in a laboratory that is observed in workers who have had prolonged exposure to proficient in the analysis of that particular analyte, under cadmium dust or fumes (Exs. 4-29, 4-22, 4-42, 4-50, 4-63). WAC 296-62-07423 (I )(d). (See WAC 296-62-07451, In a study of workers conducted by Kazantzis et al., a appendix F). Specifically, under WAC 296-62-07423 ( l)(d), statistically significant excess of worker deaths due to the employer is to assure that the collecting and handling of chronic bronchitis was found, which in his opinion was biological samples of cadmium in urine (CdU), cadmium in directly related to high cadmium exposures of 1 mg/m3 or blood (CdB), and beta-2 microglobulin in urine (Bz-M) taken more (Tr. 6/8/90, pp. 156-157). Cadmium need not be from employees is collected in a manner that assures respirable to constitute a hazard. Inspirable cadmium reliability. The employer must also assure that analysis of particles that are too large to be respirable but small enough biological samples of cadmium in urine (CdU), cadmium in to enter the tracheobronchial region of the lung can lead to blood (CdB), and beta-2 microglobulin in urine (82-M) taken bronchoconstriction, chronic pulmonary disease, and cancer from employees is performed in laboratories with demon- of that portion of the lung. All of these diseases have been strated proficiency for that particular analyte. (See WAC associated with occupational exposure to cadmium (Ex. 8- 296-62-07451, appendix F). 86B). Particles that are constrained by their size to the (iii) Lung and prostate cancer. The primary sites for extra-thoracic regions of the respiratory system such as the cadmium-associated cancer appear to be the lung and the nose and maxillary sinuses can be swallowed through prostate (L-140-50). Evidence for an association between mucocillary clearance and be absorbed into the body Permanent [ 206] Washington State Register, Issue 93-21 WSR 93-21-075 (ACGIH, Ex. 8-692). The impaction of these particles in the (d) Recommendations to physicians. upper airways can lead to anosmia, or loss of sense of smell, (i) It is strongly recommended that patients with tubular which is an early indication of overexposure among workers proteinuria are counseled on: The hazards of smoking; exposed to heavy metals. This condition is commonly avoidance of nephrotoxins and certain prescriptions and reported among cadmium-exposed workers (Ex. 8-86-B). over-the-counter medications that may exacerbate kidney (c) Medical surveillance. In general, the main provi- symptoms; how to control diabetes and/or blood pressure; sions of the medical surveillance section of the standard, proper hydration, diet, and exercise (Ex. 19-2). A list of under WAC 296-62-07423 (1) through (16), are as follows: prominent or common nephrotoxins is attached. (See (i) Workers exposed above the action level are covered; subsection (6) of this section, Attachment 2.) (ii) Workers with intermittent exposures are not covered; (ii) DO NOT CHELATE; KNOW WHICH DRUGS ARE (iii) Past workers who are covered receive biological NEPHROTOXINS OR ARE ASSOCIATED WITH NEPHRITIS. monitoring for at least one year; (iii) The gravity of cadmium-induced renal damage is (iv) Initial examinations include a medical questionnaire compounded by the fact there is no medical treatment to and biological monitoring of cadmium in blood (CdB), prevent or reduce the accumulation of cadmium in the cadmium in urine (CdU), and Beta-2-microglobulin in urine kidney (Ex. 8-619). Dr. Friberg, a leading world expert on (B2-M); cadmium toxicity, indicated in 1992, that there is no form of (v) Biological monitoring of these three analytes is chelating agent that could be used without substantial risk. performed at least annually; full medical examinations are He stated that tubular proteinuria has to be treated in the performed biennially; same way as other kidney disorders (Ex. 29). (vi) Until five years from the effective date of the (iv) After the results of a workers' biological monitoring standard, medical removal is required when CdU is greater or medical examination are received the employer is required than 15 µg/gram creatinine (g Cr), or CdB is greater than 15 to provide an information sheet to the patient, briefly µg/liter whole blood (lwb), or B2-M is greater than 1500 µgig explaining the significance of the results. (See subsection Cr, and CdB is greater than 5 µg/lwb or CdU is greater than (7) of this section.) 3 µgig Cr; (v) For additional information the physician is referred (vii) Beginning five years after the standard is in effect, to the following additional resources: medical removal triggers will be reduced; (A) The physician can always obtain a copy of the (viii) Medical removal protection benefits are to be OSHA final rule preamble, with its full discussion of the provided for up to eighteen months; health effects, from OSHA's Computerized Information (ix) Limited initial medical examinations are required System (OCIS). for respirator usage; (B) The OSHA Docket Officer maintains a record of the (x) Major provisions are fully described under WAC OSHA rulemaking. The Cadmium Docket (H-057 A), is 296-62-07423; they are outlined here as follows: located at 200 Constitution Ave. NW., Room N-2625, (A) Eligibility. Washington, DC 20210; telephone: ((202 523 7894)) (202) (B) Biological monitoring. 219-7894. (C) Actions triggered by levels of CdU, CdB, and BrM (C) The following articles and exhibits in particular (See Summary Charts and Tables in WAC 296-62-07441(5).) from that docket (H- 057 A): (D) Periodic medical surveillance. Exhibit number Author and paper title (E) Actions triggered by periodic medical surveillance (See appendix A Summary Chart and Tables in WAC 296- 8-447 Lauwerys et. al., Guide for physi- 62-07441 (5).) cians, "Health Maintenance of Work- (F) Respirator usage. ers Exposed to Cadmium," published (G) Emergency medical examinations. by the Cadmium Council. (H) Termination examination. 4-67 Takenaka, S., H. Oldiges, H. Konig, (I) Information to physician. D. Hochrainer, G. Oberdorster. "Car- (J) Physician's medical opinion. cinogenicity of Cadmium Chloride (K) Medical removal protection. Aerosols in Wistar Rats". JNCI (L) Medical removal protection benefits. 70:367-373, 1983. (32) (M) Multiple physician review. 4-68 Thun, M.J ., T.M. Schnoor, A.B. (N) Alternate physician review. Smith, W.E. Halperin, R.A. Lemen. (0) Information employer gives to employee. "Mortality Among a Cohort of U.S. (P) Recordkeeping. Cadmium Production Workers-An (Q) Reporting on OSHA form 200. Update." JNCI 74(2):325-33, 1985. (xi) The above mentioned summary of the medical (8) surveillance provisions, the summary chart, and tables for the 4-25 Blinder, C.G., Kjellstrom, T., actions triggered at different levels of CdU, CdB and BrM Hogstedt, C., et al., "Cancer Mortali- (in subsection (5) of this section, Attachment 1) are included ty of Cadmium Workers." Brit. J. only for the purpose of facilitating understanding of the Ind. Med. 42:651-655, 1985. (14) provisions of WAC 296-62-07423(3) of the final cadmium standard. The summary of the provisions, the summary chart, and the tables do not add to or reduce the require- ments in WAC 296-62-07423(3). [ 207] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 4-26 Ellis, K.J. et al., "Critical Concentra- biological monitoring category C, the employer will perfom tions of Cadmium in Human Renal all of the actions for which there is an X in column C o Cortex: Dose Effect Studies to Cad- Table B. mium Smelter Workers." J. Toxicol. (iii) An employee is assigned the alphabetical categoi; Environ. Health 7:691-703, 1981. ("A" being the lowest) depending upon the test results of th1 (76) three biological markers. 4-27 Ellis, K.J., S.H. Cohn and T.J. Smith. (iv) An employee is assigned category A if monitorini "Cadmium Inhalation Exposure Esti- results for all three biological markers fall at or below th1 mates: Their Significance with Re- levels indicated in the table listed for category A. spect to Kidney and Liver Cadmium (v) An employee is assigned category B if any monitor Burden." J. Toxicol. Environ. Health ing result for any of the three biological markers fall withir 15:173-187, 1985. the range of levels indicated in the table listed for categor; 4-28 Falck, F.Y., Jr., Fine, L.J., Smith, B, providing no result exceeds the levels listed for categor~ R.G., McClatchey, K.D., Annesley, B. T., England, B., and Schork, A.M. (vi) An employee is assigned category C if any monitor "Occupational Cadmium Exposure ing result for any of the three biological markers are above and Renal Status." Am. J. Ind. Med. the levels listed for category C. 4:541, 1983. (64) (c) The user of Tables A and B should know that these 8-86A Friberg, L., C.G. Elinder, et al., tables are provided only to facilitate understanding of the "Cadmium and Health a Toxicologi- relevant provisions of WAC 296-62-07423. Tables A and E cal and Epidemiological Appraisal, are not meant to add to or subtract from the requirements o Volume I, Exposure, Dose, and Me- those provisions. tabolism." CRC Press, Inc., Boca Table A Raton, FL, 1986. (Available from the Categorization of Biological Monitoring Results OSHA Technical Data Center) 8-86B Friberg, L., C.G. Elinder, et al., Applicable Through 1998 Only "Cadmium and Health: A Toxicolog- Monitoring result categories ical and Epidemiological Appraisal, Biological marker A B c Volume II, Effects and Response." Cadmium in urine (CdU) CRC Press, Inc., Boca Raton, FL, (µgig creatinine) :5=3 >3 and :5=15 >15 Bi-microglobulin (B2-M) 1986. (Available from the OSHA (µgig creatinine) :5=300 >300 and :5=1500 >1500* Technical Data Center) Cadmium in blood (CdB) L-140-45 Elinder, C.G., "Cancer Mortality of (µglliter whole blood) :5=5 >5 and :5=15 >15 Cadmium Workers", Brit. J. Ind. If.an employee's Bi-M levels are above I.500 µgig creatinine, in orde Med., 42, 651-655, 1985. for mandatory medical removal to be required (See WAC 296-62 L-140-50 Thun, M., Elinder, C.G., Friberg, L, 07441, Appendix A Table B.), either the employee's CdU level mus "Scientific Basis for an Occupational also be >3 µgig creatinine or CdB level must also be >5 µg/liter whol1 blood. Standard for Cadmium, Am. J. Ind. Med., 20; 629-642, 1991. Applicable Beginning January l, 1999 (5) Information sheet. The information sheet (subsec- Monitoring result categories tion (8) of this section, Attachment 3) or an equally explana- Biological marker A B Cadmium in urine (CdU) c tory one should be provided to you after any biological (µgig creatinine) :5=3 >3 and :5=7 >7 monitoring results are reviewed by the physician, or where B2-microglobulin (B2-M) applicable, after any medical examination. (µgig creatinine) :5=300 >300 and :5=750 >750* (6) Attachment I-Appendix A, summary chart and Cadmium in blood (CdB) (µglliter whole blood) Tables A and B of actions triggered by biological monitor- :5=5 >5 and :5=10 >10 ing. * If an employee's B2-M levels are above 750 µg/! (a) Summary chart: WAC 296-62-07423(3) Medical creatinine, in order for mandatory medical removal tc surveillance-Categorizing biological monitoring results. be required (See WAC 296-62-07441, Appendix A (i) Biological monitoring results categories are set forth Table B.), either the employee's CdU level must also bf in Table A for the periods ending December 31, 1998, and >3 µgig creatinine or CdB level must also be >5 µg/lite1 for the period beginning January I, 1999. whole blood. (ii) The results of the biological monitoring for the Table B-Actions determined by biological monitoring. initial medical exam and the subsequent exams shall deter- mine an employee's biological monitoring result category. This table presents the actions required based on the moni· (b) Actions triggered by biological monitoring. taring result in Table A. Each item is a separate require· (i) The actions triggered by biological monitoring for an ment in citing noncompliance. For example, a medica employee are set forth in Table B. examination within ninety days for an employee in categor) (ii) The biological monitoring results for each employee B is separate from the requirement to administer a periodic under WAC 296-62-07423(3) shall determine the actions medical examination for category B employees on an annua required for that employee. That is, for any employee in basis. Permanent l 208 J Washington State Register, Issue 93-21 WSR 93-21-075 Table B phenindione, phenylpropanolamine, phenytoin, probenecid, Monitoring sulfinpyrazone, sulfonamide diuretics, triamterene; and result category (iii) Metals: Bismuth, gold. This list ((fta¥e)) has been Al Bl ci derived from commonly available medical textbooks (e.g., Ex. 14-18). The list has been included merely to facilitate Required actions the physician's, employer's, and employee's understanding. (I) Biological monitoring: (a) Annual. x The list does not represent an official OSHA opinion or (b) Semiannual x policy regarding the use of these medications for particular (c) Quarterly x employees. The use of such medications should be under physician discretion. (2) Medical examination: (a) Biennial x examination results. (8) Attachment 3-Biological monitoring and medical (b) Annual. x (c) Semiannual. x Employe:e------------------ (d) Within 90 days x Testing (3) Assess within two weeks: Date--------------------- (a) Excess cadmium exposure x Cadmium in Urine _ µgig Cr-Normal Levels: (b) Work practices x :5:=3 µgig Cr. (c) Personal hygiene x Cadmium in Blood _ µg/lwb-Normal Levels: (d) Respirator usage x :5:=5 µg/lwb. (e) Smoking history x Beta-2-microglobulin in Urine_ µgig Cr-Normal (f) Hygiene facilities x Levels 5 =300 µgig Cr (g) Engineering controls x Physical Examination Results: NIA_ Satisfactory (h) Correct within 30 days x (i) Periodically assess exposures x Unsatisfactory _ (see physician again). (4) Discretionary medical removal x Physician's Review of Pulmonary Function Test: (5) Mandatory medical removal xz NIA Normal I For all employees covered by medical surveillance exclusively Abnormal because of exposures prior to the effective date of this standard, if Next biological monitoring or medical examination they are in Category A, the employer shall follow the requirements of WAC 296-62-07423 (3)(a)(ii) and (4)(e)(i). If they are in Category B scheduled for --------- or C, the employer shall follow the requirements of WAC 296-62- (a) The biological monitoring program has been de- 07423 (4)(e)(ii) and (iii). 2 See footnote in Table A. signed for three main purposes: (i) To identify employees at risk of adverse health (7) Attachment 2, list of medications. effects from excess, chronic exposure to cadmium; (a) A list of the more common medications that a (ii) To prevent cadmium-induced disease(s); and physician, and the employee, may wish to review is likely to (iii) To detect and minimize existing cadmium-induced include some of the following: disease(s). (i) Anticonvulsants: Paramethadione, phenytoin, (b) The levels of cadmium in the urine and blood trimethadone; provide an estimate of the total amount of cadmium in the (ii) Antihypertensive drugs: Captopril, methyldopa; body. The amount of a specific protein in the urine (beta-2- (iii) Antimicrobials: Aminoglycosides, amphotericin B, microglobulin) indicates changes in kidney function. All cephalosporins, ethambutol; three tests must be evaluated together. A single mildly (iv) Antineoplastic agents: Cisplatin, methotrexate, elevated result may not be important if testing at a later time mitomycin-C, nitrosoureas, radiation; indicates that the results are normal and the workplace has (v) Sulfonamide diuretics: Acetazolamide, been evaluated to decrease possible sources of cadmium chlorthalidone, furosemide, thiazides; exposure. The levels of cadmium or beta-2-microglobulin (vi) Halogenated alkanes, hydrocarbons, and solvents may change over a period of days to months and the time that may occur in some settings: Carbon tetrachloride, needed for those changes to occur is different for each ethylene glycol, toluene; iodinated radiographic contrast worker. media; nonsteroidal anti-inflammatory drugs; and (c) If the results for biological monitoring are above (vii) Other miscellaneous compounds: Allopurinol, specific "high levels" (cadmium urine greater than I 0 amphetamines, azathioprine, cimetidine, cyclosporine, micrograms per gram of creatinine µg Cr), cadmium blood lithium, methoxytlurane, methysergide, D-penicillamine, greater than I 0 micrograms per liter of whole blood phenacetin, phenendione. . .. (µgllwb), or beta-2-microglobulin greater than 1000 micro- (b) A list of drugs associated with acute 1nterst1t1al grams per gram of creatinine (µg Cr)), the worker has a nephritis includes: much greater chance of developing other kidney diseases. (i) Antimicrobial drugs: Cephalosporins, chlorampheni- (d) One way to measure for kidney function is by c o I, colistin, erythromycin, ethambutol, isoniazid, measuring beta-2-microglobulin in the urine. Beta-2- para-aminosalicylic acid, penicillins, polymyxin B, rifampin, microglobulin is a protein which is normally found in the sulfonamides, tetracyclines, and vancomycin; blood as it is being filtered in the kidney, and the kidney (ii) Other miscellaneous drugs: Allopurinol, antipyrine, reabsorbs or returns almost all of the beta-2-microglobulin to azathioprine, captopril, cimetidine, clofibrate, methyldopa, [ 209] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 the blood. A very small amount (less than 300 µgig Cr in (d) The test subject shall be instructed to hold eacl the urine) of beta-2-microglobulin is not reabsorbed into the facepiece up to the face and eliminate those which obvious)) blood, but is released in the urine. If cadmium damages the do not give a comfortable fit. kidney, the amount of beta-2-microglobulin in the urine (e) The more comfortable facepieces are noted; the mos1 increases because the kidney cells are unable to reabsorb the comfortable mask is donned and worn at least five minute! beta-2-microglobulin normally. An increase in the amount to assess comfort. Assistance in assessing comfort can b{ of beta-2-microglobulin in the urine is a very early sign of given by discussing the points in (f) of this subsection. 11 kidney dysfunction. A small increase in beta-2- the test subject is not familiar with using a particula1 microglobulin in the urine will serve as an early warning respirator, the test subject shall be directed to don the mas~ sign that the worker may be absorbing cadmium from the several times and to adjust the straps each time to becom{ air, cigarettes contaminated in the workplace, or eating in adept at setting proper tension on the straps. areas that are cadmium contaminated. (f) Assessment of comfort shall include reviewing th{ (e) Even if cadmium causes permanent changes in the following points with the test subject and allowing the tes1 kidney's ability to reabsorb beta-2-microglobulin, and the subject adequate time to determine the comfort of th{ beta-2-microglobulin is above the "high levels," the loss of respirator: kidney function may not lead to any serious health problems. (i) Position of the mask on the nose; Also, renal function naturally declines as people age. The (ii) Room for eye protection; risk for changes in kidney function for workers who have (iii) Room to talk; and biological monitoring results between the "normal values" (iv) Position of mask on face and cheeks. and the "high levels" is not well known. Some people are (g) The following criteria shall be used to help deter- more cadmium-tolerant, while others are more cadmium- mine the adequacy of the respirator fit: susceptible. (i) Chin properly placed; (f) For anyone with even a slight increase of beta-2- (ii) Adequate strap tension, not overly tightened; microglobulin, cadmium in the urine, or cadmium in the (iii) Fit across nose bridge; blood, it is very important to protect the kidney from further (iv) Respirator of proper size to span distance from nos{ damage. Kidney damage can come from other sources than to chin; excess cadmium-exposure so it is also recommended that if (v) Tendency of respirator to slip; and a worker's levels are "high" he/she should receive counseling (vi) Self-observation in mirror to evaluate fit and about drinking more water; avoiding cadmium-tainted respirator position. tobacco and certain medications (nephrotoxins, acetamino- (h) The test subject shall conduct the negative and phen); controlling diet, vitamin intake, blood pressure and positive pressure fit checks as described below or in ANSI diabetes; etc. Z88.2-1980. Before conducting the negative or positive pressure test, the subject shall be told to seat the mask on AMENDATORY SECTION (Amending Order 93-01, filed the face by moving the head from side-to-side and up anc 3113193, effective 4/2 7 /93) down slowly while taking in a few slow deep breaths. Another facepiece shall be selected and retested if the tesl WAC 296-62-07445 Appendix C-Qualitative and subject fails the fit check tests. quantitative fit testing procedures-(Fit test protocols). (i) Positive pressure test. Close off the exhalation valve (I) General: The employer shall include the following and exhale gently onto the facepiece. The face fit i! provisions in the fit test procedures. These provisions apply considered satisfactory if a slight positive pressure can be to both qualitative fit testing (QLFT) and quantitative fit built up inside the facepiece without any evidence o1 testing (QNFT). All testing is to be conducted annually. outward leakage of air at the seal. For most respirators thi5 (a) The test subject shall be allowed to pick the most method of leak testing requires the wearer to first remove the comfortable respirator from a selection including respirators exhalation valve cover before closing off the exhalation of various sizes from different manufacturers. The selection valve and then carefully replacing it after the test. shall include at least three sizes of elastomeric facepieces of (ii) Negative pressure test. Close off the inlet opening the type of respirator that is to be tested, i.e., three sizes of of the canister or cartridge(s) by covering with the palm o1 half mask; or three sizes of full facepiece. Respirators of the hand(s) or by replacing the filter seal(s). Inhale gently each size must be provided from at least two manufacturers. so that the facepiece collapses slightly, and hold the breatt (b) Prior to the selection process, the test subject shall for ten seconds. If the facepiece remains in its slightly be shown how to put on a respirator, how it should be collapsed condition and no inward leakage of air is detected. positioned on the face, how to set strap tension and how to the tightness of the respirator is considered satisfactory. determine a comfortable fit. A mirror shall be available to (i) The test shall not be conducted if there is any hai1 assist the subject in evaluating the fit and positioning the growth between the skin and the facepiece sealing surface respirator. This instruction may not constitute the subject's such as stubble beard growth, beard, or long sideburns whid formal training on respirator use; it is only a review. cross the respirator sealing surface. Any type of apparel ( c) The test subject shall be informed that he/she is which interferes with a satisfactory fit shall be altered 01 being asked to select the respirator which provides the most removed. comfortable fit. Each respirator represents a different size (j) If a test subject exhibits difficulty in breathing durin~ and shape, and if fitted, maintained and used properly, will the tests, she or he shall be referred to a physician trained ir provide substantial protection. respiratory disease or pulmonary medicine to determine, ir accordance with WAC 296-62-07423 (2) and (3), whethe1 Permanent [ 210 l Washington State Register, Issue 93-21 WSR 93-21-075 the test subject can wear a respirator while performing her (a) General. or his duties. (i) The employer shall assign specific individuals who (k) The test subject shall be given the opportunity to shall assume full responsibility for implementing the respira- wear the successfully fitted respirator for a period of two tor qualitative fit test program. weeks. If at any time during this period the respirator (ii) The employer shall assure that persons administering becomes uncomfortable, the test subject shall be given the QLFfs are able to prepare test solutions, calibrate equipment opportunity to select a different facepiece and to be retested. and perform tests properly, recognize invalid tests, and (1) The employer shall maintain a record of the fit test assure that test equipment is in proper working order. administered to an employee. The record shall contain at (iii) The employer shall assure that QLFf equipment is least the following information: kept clean and well maintained so as to operate within the (i) Name of employee; parameters for which it was designed. (ii) Type of respirator; (b) Isoamyl acetate protocol. (iii) Brand, size of respirator; (i) Odor threshold screening. The odor threshold (iv) Date of test; and screening test, performed without wearing a respirator, is (v) Where QNFf is used, the fit factor and strip chart intended to determine if the individual tested can detect the recording or other recording of the results of the test. The odor of isoamyl acetate. record shall be maintained until the next fit test is adminis- (A) Three one-liter glass jars with metal lids are tered. required. (m) Exercise regimen. Prior to the commencement of (B) Odor free water (e.g., distilled or spring water) at the fit test, the test subject shall be given a description of the approximately twenty-five degrees C shall be used for the fit test and the test subject's responsibilities during the test solutions. procedure. The description of the process shall include a (C) The isoamyl acetate (IAA) (also known as isopentyl description of the test exercises that the subject will be acetate) stock solution is prepared by adding I cc of pure performing. The respirator to be tested shall be worn for at IAA to 800 cc of odor free water in a one-liter jar and least five minutes before the start of the fit test. shaking for thirty seconds. A new solution shall be prepared (n) Test exercises. The test subject shall perform at least weekly. exercises, in the test environment, in the manner described (D) The screening test shall be conducted in a room below: separate from the room used for actual fit testing. The two (i) Normal breathing. In a normal standing position, rooms shall be well ventilated and shall not be connected to without talking, the subject shall breathe normally. the same recirculating ventilation system. (ii) Deep breathing. In a normal standing position, (E) The odor test solution is prepared in a second jar by without talking, the subject shall breathe slowly and deeply, placing 0.4 cc of the stock solution into 500 cc of odor free taking care so as to not hyperventilate. water using a clean dropper or pipette. The solution shall be (iii) Turning head side to side. Standing in place, the shaken for thirty seconds and allowed to stand for two to subject shall slowly turn his/her head from side to side three minutes so that the IAA concentration above the liquid between the extreme positions on each side. The head shall may reach equilibrium. This solution shall be used for only be held at each extreme momentarily so the subject can one day. inhale at each side. (F) A test blank shall be prepared in a third jar by (iv) Moving head up and down. Standing in place, the adding 500 cc of odor free water. subject shall slowly move his/her head up and down. The (G) The odor test and test blank jars shall be labeled I subject shall be instructed to inhale in the up position (i.e., and 2 for jar identification. Labels shall be placed on the when looking toward the ceiling). lids so they can be periodically peeled, dried off and (v) Talking. The subject shall talk out loud slowly and switched to maintain the integrity of the test. loud enough so as to be heard clearly by the test conductor. (H) The following instruction shall be typed on a card The subject can read from a prepared text such as the and placed on the table in front of the two test jars (i.e., I Rainbow Passage, count backward from one hundred, or and 2): "The purpose of this test is to determine if you can recite a memorized poem or song. smell banana oil at a low concentration. The two bottles in (vi) Grimace. The test subject shall grimace by smiling front of you contain water. One of these bottles also or frowning. contains a small amount of banana oil. Be sure the covers (vii) Bending over. The test subject shall bend at the are on tight, then shake each bottle for two seconds. waist as if he/she were to touch his/her toes. Jogging in Unscrew the lid of each bottle, one at a time, and sniff at the place shall be substituted for this exercise in those test mouth of the bottle. Indicate to the test conductor which environments such as shroud type QNFT units which bottle contains banana oil." prohibit bending at the waist. (I) The mixtures used in the IAA odor detection test (viii) Normal breathing. Same as exercise one. Each shall be prepared in an area separate from where the test is test exercise shall be performed for one minute except for performed, in order to prevent olfactory fatigue in the the grimace exercise which shall be performed for fifteen subject. seconds. The test subject shall be questioned by the test (J) If the test subject is unable to correctly identify the conductor regarding the comfort of the respirator upon jar containing the odor test solution, the IAA qualitative fit completion of the protocol. If it has become uncomfortable, test shall not be performed. another model of respirator shall be tried. (2) Qualitative fit test (QLFf) protocols. [ 211] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 (K) If the test subject correctly identifies the jar contain- (iii) Break both ends of a ventilation smoke tube ing the odor test solution, the test subject may proceed to containing stannic oxychloride, such as the MSA part No. respirator selection and fit testing. 5645, or equivalent. Attach one end of the smoke tube to a (ii) Isoamyl acetate fit test. low flow air pump set to deliver two hundred milliliters per (A) The fit test chamber shall be similar to a clear fifty- minute. five-gallon drum liner suspended inverted over a two-foot (iv) Advise the test subject that the smoke can be diameter frame so that the top of the chamber is about six irritating to the eyes and instruct the subject to keep his/her inches above the test subject's head. The inside top center eyes closed while the test is performed. of the chamber shall have a small hook attached. (v) The test conductor shall direct the stream of irritant (B) Each respirator used for the fitting and fit testing smoke from the smoke tube towards the face seal area of the shall be equipped with organic vapor cartridges or offer test subject. He/she shall begin at least twelve inches from protection against organic vapors. The cartridges or masks the facepiece and gradually move to within one inch, moving shall be changed at least weekly. around the whole perimeter of the mask. (C) After selecting, donning, and properly adjusting a (vi) The exercises identified in subsection ( l)(n) of this respirator, the test subject shall wear it to the fit testing section shall be performed by the test subject while the room. This room shall be separate from the room used for respirator seal is being challenged by the smoke. odor threshold screening and respirator selection, and shall (vii) Each test subject passing the smoke test without be well ventilated, as by an exhaust fan or lab hood, to evidence of a response shall be given a sensitivity check of prevent general room contamination. the smoke from the same tube once the respirator has been (D) A copy of the test exercises and any prepared text removed to determine whether he/she reacts to the smoke. from which the subject is to read shall be taped to the inside Failure to evoke a response shall void the fit test. of the test chamber. (viii) The fit test shall be performed in a location with (E) Upon entering the test chamber, the test subject shall exhaust ventilation sufficient to prevent general contamina- be given a six-inch by five-inch piece of paper towel, or tion of the testing area by the test agent. other porous, absorbent, single-ply material, folded in half (d) Saccharin solution aerosol protocol. and wetted with 0.75 cc of pure IAA. The test subject shall The entire screening and testing procedure shall be hang the wet towel on the hook at the top of the chamber. explained to the test subject prior to the conduct of the (F) Allow two minutes for the IAA test concentration to screening test. stabilize before starting the fit test exercises. This would be (i) Taste threshold screening. The saccharin taste an appropriate time to talk with the test subject; to explain threshold screening, performed without wearing a respirator, the fit test, the importance of his/her cooperation, and the is intended to determine whether the individual being tested purpose for the head exercises; and to demonstrate some of can detect the taste of saccharin. the exercises. (A) Threshold screening as well as fit testing subjects (G) If at any time during the test, the subject detects the shall wear an enclosure about the head and shoulders that is banana like odor of IAA, the respirator fit is inadequate. approximately 12 inches in diameter by 14 inches tall with The subject shall quickly exit from the test chamber and at least the front portion clear and that allows free move- leave the test area to avoid olfactory fatigue. ments of the head when a respirator is worn. An enclosure (H) If the respirator fit was inadequate, the subject shall substantially similar to the 3M hood assembly, parts# FT 14 return to the selection room and remove the respirator, repeat and # FT 15 combined, is adequate. the odor sensitivity test, select and put on another respirator, (B) The test enclosure shall have a 3/4-inch hole in return to the test chamber and again begin the procedure front of the test subject's nose and mouth area to accommo- described in (b)(ii)(A) through (G) of this subsection. The date the nebulizer nozzle. process continues until a respirator that fits well has been (C) The test subject shall don the test enclosure. found. Should the odor sensitivity test be failed, the subject Throughout the threshold screening test, the test subject shall shall wait about five minutes before retesting. Odor sensitiv- breathe through his/her wide open mouth with tongue ity will usually have returned by this time. extended. (I) When a respirator is found that passes the test, its (0) Using a DeVilbiss Model 40 Inhalation Medication efficiency shall be demonstrated for the subject by having Nebulizer the test conductor shall spray the threshold check the subject break the face seal and take a breath before solution into the enclosure. This nebulizer shall be clearly exiting the chamber. marked to distinguish it from the fit test solution nebulizer. (J) When the test subject leaves the chamber, the subject (E) The threshold check solution consists of 0.83 grams shall remove the saturated towel and return it to the person of sodium saccharin USP in warm water. It can be prepared conducting the test. To keep the test area from becoming by putting 1 cc of the fit test solution (see (ii)(E) below) in contaminated, the used towels shall be kept in a self sealing I 00 cc of distilled water. bag so there is no significant IAA concentration build-up in (F) To produce the aerosol, the nebulizer bulb is firmly the test chamber during subsequent tests. squeezed so that it collapses completely, then released and (c) Irritant fume protocol. allowed to fully expand. (i) The respirator to be tested shall be equipped with (G) Ten squeezes are repeated rapidly and then the test high-efficiency particulate air (HEPA) filters. subject is asked whether the saccharin can be tasted. (ii) The test subject shall be allowed to smell a weak (H) If the first response is negative, ten more squeezes concentration of the irritant smoke before the respirator is are repeated rapidly and the test subject is again asked donned to become familiar with its characteristic odor. whether the saccharin is tasted. Permanent [ 212 J Washington State Register, Issue 93-21 WSR 93-21-075 (I) If the second response is negative, ten more squeezes in the case of particulate QNFT aerosols or a sorbent are repeated rapidly and the test subject is again asked offering contaminant penetration protection equivalent to whether the saccharin is tasted. high-efficiency filters where the QNFT test agent is a gas or (J) The test conductor will take note of the number of vapor. squeezes required to solicit a taste response. (ii) Challenge agent means the aerosol, gas or vapor (K) If the saccharin is not tasted after 30 squeezes (step introduced into a test chamber so that its concentration inside (J)), the test subject may not perform the saccharin fit test. and outside the respirator may be measured. (L) If a taste response is elicited, the test subject shall (iii) Test subject means the person wearing the respira- be asked to take note of the taste for reference in the fit test. tor for quantitative fit testing. (M) Correct use of the nebulizer means that approxi- (iv) Normal standing position means standing erect and mately I cc of liquid is used at a time in the nebulizer body. straight with arms down along the sides and looking straight (N) The nebulizer shall be thoroughly rinsed in water, ahead. shaken dry, and refilled at least each morning and afternoon (v) Maximum peak penetration method means the or at least every four hours. method of determining test agent penetration in the respirator (ii) Saccharin solution aerosol fit test procedure. as determined by strip chart recordings of the test. The (A) The test subject may not eat, drink (except plain highest peak penetration for a given exercise is taken to be water), or chew gum for 15 minutes before the test. representative of average penetration into the respirator for (B) The fit test uses the same enclosure described in (i) that exercise. above. (vi) Average peak penetration method means the method ----CC2 The test subject shall don the enclosure while of determining test agent penetration into the respirator wearing the respirator selected in (l)(a) of this section. The utilizing a strip chart recorder, integrator, or computer. The respirator shall be properly adjusted and equipped with a agent penetration is determined by an average of the peak particulate filtet(s). heights on the graph or by computer integration, for each (D) A second DeVilbiss Model 40 Inhalation Medication exercise except the grimace exercise. Integrators or comput- Nebulizer is used to spray the fit test solution into the ers which calculate the actual test agent penetration into the enclosure. This nebulizer shall be clearly marked to distin- respirator for each exercise will also be considered to meet guish it from the screening test solution nebulizer. the requirements of the average peak penetration method. (E) The fit test solution is prepared by adding 83 grams (vii) "Fit factor" means the ration of challenge agent of sodium saccharin to 100 cc of warm water. concentration outside with respect to the inside of a respira- (F) As before, the test subject shall breathe through the tor inlet covering (facepiece or enclosure). open mouth with tongue extended. (c) Apparatus (G) The nebulizer is inserted into the hole in the front (i) Instrumentation. Aerosol generation, dilution, and of the enclosure and the fit test solution is sprayed into the measurement systems using corn oil or sodium chloride as enclosure using the same number of squeezes required to test aerosols shall be used for quantitative fit testing. elicit a taste response in the screening test. (ii) Test chamber. The test chamber shall be large (H) After generating the aerosol the test subject shall be enough to permit all test subjects to perform freely all instructed to perform the exercises in (1 )(n) of this section. required exercises without disturbing the challenge agent (I) Every 30 seconds the aerosol concentration shall be concentration or the measurement apparatus. The test replenished using one half the number of squeezes as chamber shall be equipped and constructed so that the initially. challenge agent is effectively isolated from the ambient air, (J) The test subject shall indicate to the test conductor yet uniform in concentration throughout the chamber. if at any time during the fit test the taste of saccharin is (iii) When testing air-purifying respirators, the normal detected. filter or cartridge element shall be replaced with a high- (K) If the taste of saccharin is detected, the fit is efficiency particulate filter supplied by the same manufactur- deemed unsatisfactory and a different respirator shall be er. tried. (iv) The sampling instrument shall be selected so that a --(3) Quantitative fit test (QNFf) protocol. strip chart record may be made of the test showing the rise (a) General. and fall of the challenge agent concentration with each (i) The employer shall assign specific individuals who inspiration and expiration at fit factors of at least two shall assume full responsibility for implementing the respira- thousand. Integrators or computers which integrate the tor quantitative fit test program. amount of test agent penetration leakage into the respirator (ii) The employer shall ensure that persons administer- for each exercise may be used provided a record of the ing QNFf are able to calibrate equipment and perform tests readings is made. properly, recognize invalid tests, calculate fit factors properly (v) The combination of substitute air-purifying elements, and assure that test equipment is in proper working order. challenge agent and challenge agent concentration in the test (iii) The employer shall assure that QNFT equipment is chamber shall be such that the test subject is not exposed in kept clean and well maintained so as to operate at the excess of an established exposure limit for the challenge parameters for which it was designed. agent at any time during the testing process. (b) Definitions. (vi) The sampling port on the test specimen respirator (i) Quantitative fit test. The test is performed in a test shall be placed and constructed so that no leakage occurs chamber. The normal air-purifying element of the respirator around the port (e.g., where the respirator is probed), a free is replaced by a high-efficiency particulate air (HEPA) filter air flow is allowed into the sampling line at all times and so [ 213 ] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 that there is no interference with the fit or performance of (viii) In order to successfully complete a QNFT, three the respirator. successful fit tests are required. The results of each of the (vii) The test chamber and test set up shall permit the three independent fit tests must exceed the minimum fit person administering the test to observe the test subject factor needed for the class of respirator (e.g., half mask inside the chamber during the test. respirator, full facepiece respirator). (viii) The equipment generating the challenge atmo- (ix) Calculation of fit factors. sphere shall maintain the concentration of challenge agent (A) The fit factor shall be determined for the quantita- inside the test chamber constant to within a ten percent tive fit test by taking the ratio of the average chamber variation for the duration of the test. concentration to the concentration inside the respirator. (ix) The time lag (interval between an event and the (B) The average test chamber concentration is the recording of the event on the strip chart or computer or arithmetic average of the test chamber concentration at the integrator) shall be kept to a minimum. There shall be a beginning and at the end of the test. clear association between the occurrence of an event inside (C) The concentration of the challenge agent inside the the test chamber and its being recorded. respirator shall be determined by one of the following (x) The sampling line tubing for the test chamber methods: atmosphere and for the respirator sampling port shall be of (I) Average peak concentration; equal diameter and of the same material. The length of the (II) Maximum peak concentration; two lines shall be equal. (III) Integration by calculation of the area under the (xi) The exhaust flow from the test chamber shall pass individual peak for each exercise. This includes computer- through a high-efficiency filter before release. ized integration. (xii) When sodium chloride aerosol is used, the relative (x) Interpretation of test results. The fit factor estab- humidity inside the test chamber shall not exceed fifty lished by the quantitative fit testing shall be the lowest of the percent. three fit factor values calculated from the three required fit (xiii) The limitations of instrument detection shall be tests. taken into account when determining the fit factor. (xi) The test subject shall not be permitted to wear a (xiv) Test respirators shall be maintained in proper half mask, or full facepiece respirator unless a minimum fit working order and inspected for deficiencies such as cracks, factor equivalent to at least ten times the hazardous exposure missing valves and gaskets, etc. level is obtained. (d) Procedural requirements. (xii) Filters used for quantitative fit testing shall be (i) When performing the initial positive or negative replaced at least weekly, or whenever increased breathing pressure test the sampling line shall be crimped closed in resistance is encountered, or when the test agent has altered order to avoid air pressure leakage during either of these the integrity of the filter media. Organic vapor car- tests. tridges/canisters shall be replaced daily (when used) or (ii) An abbreviated screening isoamyl acetate test or sooner if there is any indication of breakthrough by a test irritant fume test may be utilized in order to quickly identify agent. poor fitting respirators which passed the positive and/or negative pressure test and thus reduce the amount of QNFT AMENDATORY SECTION (Amending Order 93-01, filed time. When performing a screening isoamyl acetate test, 3/13/93, effective 4/27/93) combination high-efficiency organic vapor cartridges/ canisters shall be used. WAC 296-62-07447 Appendix D-Occupational (iii) A reasonably stable challenge agent concentration health history interview with reference to cadmium shall be measured in the test chamber prior to testing. For exposure directions. canopy or shower curtain type of test units the determination (To be read by employee and signed prior to the interview.) of the challenge agent stability may be established after the Please answer the questions you will be asked as test subject has entered the test environment. completely and carefully as you can. These questions are (iv) Immediately after the subject enters the test cham- asked of everyone who works with cadmium. You will also ber, the challenge agent concentration inside the respirator be asked to give blood and urine samples. The doctor will shall be measured to ensure that the peak penetration does give your employer a written opinion on whether you are not exceed five per.cent for a half mask or one percent for a physically capable of working with cadmium. Legally, the full facepiece respirator. doctor cannot share personal information you may tell (v) A stable challenge concentration shall be obtained him/her with your employer. The following information is prior to the actual start of testing. considered strictly confidential. The results of the tests will (vi) Respirator restraining straps shall not be go to you, your doctor and your employer. You will also overtightened for testing. The straps shall be adjusted by the receive an information sheet explaining the results of any wearer without assistance from other persons to give a biological monitoring or physical examinations performed. reasonable comfortable fit typical of normal use. If you are just being hired, the results of this interview and (vii) The test shall be terminated whenever any single examination will be used to: peak penetration exceeds five percent for half masks and one (1) Establish your health status and see if working with percent for full facepiece respirators. The test subject shall cadmium might be expected to cause unusual problems; be refitted and retested. If two of the three required tests are (2) Determine your health status today and see if there terminated, the fit shall be deemed inadequate. are changes over time; Permanent [ 214] Washington State Register, Issue 93-21 WSR 93-21-075 (3) See if you can wear a respirator safely. If you are 16. Please list any blood pressure or other medications and describe how long not a new hire: ((G8HA)) WISHA says that everyone who you have been taking each one: Medicine: works with cadmium can have periodic medical examina- tions performed by a doctor. The reasons for this are: (a) If there are changes in your health, either because of How Long Taken cadmium or some other reason, to find them early; (b) To prevent kidney damage. Please sign below. 17. Have you ever been told by a doctor that you have diabetes? (sugar in your I have read these directions and understand them: blood or urine) [ ] Yes [ ] No If yes, do you presently see a doctor about your diabetes? [ I Yes [ I No If yes, how do you control your blood sugar? [ ) Diet alone Employee signature [ ] Diet plus oral medicine [ ] Diet plus insulin (injection) 18. Have you ever been told by a doctor that you had: Effective Date Anemia [ ) Yes [ ) No A low blood count? [] Yes [I No Thank you for answering these questions. (Suggested Format) 19. Do you presently feel that you tire or run out of energy sooner than normal or sooner than other people your age? [ ] Yes [ ) No Name ................................................. . If yes, for how long have you felt that you tire easily? [ ) Less than I year Age ................................ ·. · · · · · · · · · · · · · · · · · [ ] Number of years Social Security # ......................................... . 20. Have you given blood within the last year? [ I Yes [ ] No Company .............................................. . If yes, how many times? [ ] Number of times ]~ ................................................... . How long ago was the last time you gave blood? [ ] Less than I month Type of Preplacement Exam: [ ) Periodic [ ] Termination [ ] Initial [ ] Other [ ] Number of months Blood Pressure .......................................... . 21. Within the last year have you had any injuries with heavy bleeding? Pulse Rate .............................................. . [I Yes [)No I. How long have you worked at the job listed above? If yes, how long ago? [ ] Less than I month [ ] Number of months de- ( ) Not yet hired [ ) Number of months [ ) Number of years scribe: ................................................ . 2. Job Duties etc. · 3. Have you ever been told by a doctor that you had bronchitis? [] Yes [I No 22. Have you recently had any surgery? [) Yes [ ) No If yes, please describe: If yes, how long ago? [ I Number of months [ ] Number of years 4. Have you ever been told by a doctor that you had emphysema? [)Yes []No If yes, how long ago? [ ] Number of years [ ] Number of months 23. Have you seen any blood lately in your stool or after a bowel movement? 5. Have you ever been told by a doctor that you had other lung problems? []Yes []No 24. Have you ever had a test for blood in your stool? [ ] Yes [ ] No If yes, please describe type of lung problems and when you had these problems If yes, did the test show any blood in the stool? [ ] Yes [ ] No What further evaluation and treatment were done? .................. . 6. In the past year, have you had a cough? [ I Yes [ ] No If yes, did you cough up sputum? [] Yes [I No The following questions pertain to the ability to wear a respirator. Additional If yes, how long did the cough with sputum production last? information for the physician can be found in The Respiratory Protective [ ] Less than 3 months [ I 3 months or longer Devices Manual. If yes, for how many years have you had episodes of cough with sputum 25. Have you ever been told by a doctor that you have asthma? [ ] Yes [ I No production lasting this long? If yes, are you presently taking any medication for asthma? [ ] Less than one [ ] I [ ] 2 [ I Longer than 2 Mark all that apply. [ ] Shots [ ] Pills [ ] Inhaler 7. Have you ever smoked cigarettes? [ I Yes [)No 26. Have you ever had a heart attack? [ ] Yes [ ) No 8. Do you now smoke cigarettes? [ I Yes [ I No If yes, how long ago? [ ] Number of years [ ) Number of months 9. If you smoke or have smoked cigarettes, for how many years have you 27. Have you ever had pains in your chest? [) Yes [ I No smoked, or did you smoke? If yes, when did it usually happen? [ ) While resting [ I While working [ ) Less than I year [ ) Number of years [ ] While exercising [ ] Activity didn't matter What is or was the greatest number of packs per day that you have smoked? 28. Have you ever had a thyroid problem? [ I Yes [ ] No [ ] Number of packs 29. Have you ever had a seizure or tits? [ ] Yes [ I No If you quit smoking cigarettes, how many years ago did you quit? 30. Have you ever had a stroke (cerebrovascular accident)? [ ] Yes [ ] No [ ) Less than I year [ ] Number of years 31. Have you ever had a ruptured eardrum or a serious hearing problem? How many packs a day do you now smoke? [ I Number of packs per day []Yes [I No IO. Have you ever been told by a doctor that you had a kidney or urinary tract 32. Do you now have a claustrophobia, meaning fear of crowded or closed in disease or disorder? [ I Yes [ I No spaces or any psychological problems that would make it hard for you to wear 11. Have you ever had any of these disorders? a respirator? [ ] Yes [ ] No Kidney stones [] Yes [ I No The following questions pertain to reproductive history. Protein in urine [ I Yes [ I No 33. Have you or your partner had a problem conceiving a child? Blood in urine [ ] Yes [ I No [I Yes []No Difficulty urinating [ ] Yes [ I No If yes, specify: [ ) Self [ ] Present mate [ ) Previous mate Other kidney/Urinary disorders [ ) Yes [ I No 34. Have you or your partner consulted a physician for a fertility or other Please describe problems, age, treatment, and follow up for any kidney or reproductive problem? [ ] Yes [ ] No urinary problems you have had: If yes, specify who consulted the physician: [ ] Self [ ] Spouse/partner [ ) Self and partner If yes, specify diagnosis made: ............................... . 12. Have you ever been told by a doctor or other health care provider who took your blood pressure that your blood pressure was high? [ I Yes [I No 35. Have you or your partner ever conceived a child resulting in a miscarriage, J 3. Have you ever been advised to take any blood pressure medication? still birth or deformed offspring? [I Yes [I No []Yes []No 14. Are you presently taking any blood pressure medication? [ ] Yes [ ] No If yes, specify: [ ] Miscarriage [ ] Still birth [ ] Deformed offspring 15. Are you presently taking any other medication? [ I Yes [)No If outcome was a deformed offspring, please specify type: ............ . [ 215 J Permanent WSR 93-21-075 Washington State Register, Issue 93-21 36. Was this outcome a result of a pregnancy of: []Yours with present partner This method describes the collection of airborne ( ] Yours with a previous partner 37. Did the timing of any abnormal pregnancy outcome comc1de with present . . . elemental cadmium and cadmium compounds on 0.8 µm employment? [ ] Yes [ ] No mixed cellulose ester membrane filters and their subsequent List dates of occurrences: ................................... . analysis by either flame atomic absorption spectroscopy 38. What is the occupation of your spouse or partner? (AAS) or flameless atomic absorption spectroscopy using a heated graphite furnace atomizer (AAS-HGA). It is applica- For Women Only ble for both TWA and action level TWA permissible 39. Do you have menstrual periods? [ ] Yes [ ] No Have you had menstrual irregularities? [ ] Yes [ ] No exposure level (PEL) measurements. The two atomic If yes, specify type: ......................... · · · · .. · . · .... · · absorption analytical techniques included in the method do not differentiate between cadmium fume and cadmium dust ........................................... ii ;~s: ~h~; ~~~ the approximated date this problem began? ........... . samples. They also do not differentiate between elemental Approximate date problem stopped? ............................ . cadmium and its compounds. For Men Only (b) Principle. 40. Have you ever been diagnosed by a physician as having prostate gland Airborne elemental cadmium and cadmium compounds problem(s)? [ ] Yes [ ] No are collected on a 0.8 µm mixed cellulose ester membrane If yes, please describe type of problem(s) and what was done to evaluate and treat the problem(s): .................................... . filter (MCEF). The air filter samples are digested with concentrated nitric acid to destroy the organic matrix and dissolve the cadmium analytes. After digestion, a small amount of concentrated hydrochloric acid is added to help dissolve other metals which may be present. The samples AMENDATORY SECTION (Amending Order 93-01, filed are diluted to volume with deionized water and then aspirat- 3/13/93, effective 4/27/93) ed into the oxidizing air/acetylene flame of an atomic WAC 296-62-07449 Appendix E-Cadmium in absorption spectrophotometer for analysis of elemental workplace atmospheres. cadmium. If the concentration of cadmium in a sample solution is too low for quantitation by this flame AAS Method number: ID-189 (OSHA); (ICP/MS) 0009 analytical technique, and the sample is to be averaged with (WIS HA) other samples for TWA calculations, aliquots of the sample Matrix: Air and a matrix modifier are later injected onto a L'vov WISHA permissible exposure limits: 5 µg/m3 (TWA), platform in a pyrolytically-coated graphite tube of a Zeeman 2.5 µg/m3 (action level TWA) atomic absorption spectrophotometer/graphite furnace Collection procedure: A known volume of air is drawn assembly for analysis of elemental cadmium. The matrix through a 37-mm diameter filter cassette containing a 0.8 µm modifier is added to stabilize the cadmium metal and mixed cellulose ester membrane filter (MCEF). minimize sodium chloride as an interference during the high Recommended air volume: 960 L temperature charring step of the analysis subsection (5)(a) Recommended sampling rate: 2.0 Umin and (b) of this section. Analytical procedure: Air filter samples are digested (c) History. with nitric acid. After digestion, a small amount of hydro- Previously, two ((WISHA)) OSHA sampling and chloric acid is added. The samples are then diluted to analytical methods for cadmium were used concurrently volume with deionized water and analyzed by either flame WAC 296-62-07449 ill(c) and (d). ·Both of these methods atomic absorption spectroscopy (AAS) or flameless atomic also required 0.8 µm mixed cellulose ester membrane filters absorption spectroscopy using a heated graphite furnace for the collection of air samples. These cadmium air filter atomizer (AAS-HGA). samples were analyzed by either flame atomic absorption Detection limits: spectroscopy (subsection (5)(c) of this section) or inductively Qualitative: 0.2 µg/m3 for a 200 L sample by Flame coupled plasma/atomic emission spectroscopy (ICP-AES) AAS, 0.007 µg/m3 for a 60 L sample by AAS-HGA (subsection (5)(d) of this section). Neither of these two Quantitative: 0.70 µg/m3 for a 200 L sample by Flame analytical methods have adequate sensitivity for measuring AAS, 0.025 µg/m3 for a 60 L sample by AAS-HGA workplace exposure to airborne cadmium at the new lower Precision and accuracy: (Flame AAS Analysis and TWA and action level TWA PEL levels when consecutive AAS-HGA Analysis): samples are taken on one employee and the sample results Validation level: 2.5 to 10 µg/m3 for a 400 L air vol, need to be averaged with other samples to determine a single 1.25 to 5.0 µg!m3 for a 60 L air vol CVl (pooled): 0.010, TWA. The inclusion of two atomic absorption analytical 0.043 techniques in the new sampling and analysis method for Analytical bias: +4.0%, -5.8% airborne cadmium permits quantitation of sample results over Overall analytical error: ±6.0%, ±14.2% a broad range of exposure levels and sampling periods. The Method classification Validated Effective Date June, 1992 flame AAS analytical technique included in this method is Inorganic Service Branch II, OSHA Salt Lake Technical similar to the previous procedure given in the General Center, Salt Lake City, Utah Commercial manufacturers and Metals Method ID-121 (subsection (5)(c) of this section) products mentioned in this method are for descriptive use with some modifications. The sensitivity of the AAS-HGA only and do not constitute endorsements by USDOL-OSHA. analytical technique included in this method is adequate to Similar products from other sources can be substituted. measure exposure levels at 1/10 the action level TWA, m (1) Introduction. lower, when less than full-shift samples need to be averaged (a) Scope. together. Permanent [ 216] Washington State Register, Issue 93-21 WSR 93-21-075 (d) Properties (subsection (5)(e) of this section). (vi) Sensitivity in graphite furnace atomic absorption is Elemental cadmium is a silver-white, blue-tinged, defined in terms of the characteristic mass, the number of lustrous metal which is easily cut with a knife. It is slowly picograms required to give an integrated absorbance value of oxidized by moist air to form cadmium oxide. It is insoluble 0.0044 absorbance-second (subsection (5)(g) of this section). in water, but reacts readily with dilute nitric acid. Some of Data suggests that under stabilized temperature platform the physical properties and other descriptive information of furnace (STPF) conditions (see (f)(ii) of this subsection), elemental cadmium are given below: characteristic mass values are transferable between properly CAS No . . . . . . . . . . . . . . . . . . . . . . . . . . . 7440-43-9 functioning instruments to an accuracy of about twenty Atomic Number . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 percent (subsection (S)(b) of this section). The characteristic Atomic Symbol . . . . . . . . . . . . . . . . . . . . . . . . . . . Cd mass for STPF analysis of cadmium with Zeeman back- Atomic Weight . . . . . . . . . . . . . . . . . . . . . . . . 112.41 ground correction listed by the manufacturer of the instru- Melting Point .......................... 321°C ment used in the validation of the AAS-HGA analytical Boiling Point ........................... 765°C technique was 0.35 pg. The experimental characteristic mass Density ....................... 8.65 g/mL (25°C) value observed during the determination of the working range and detection limits of the AAS-HGA analytical The properties of specific cadmium compounds are technique was 0.41 pg. described in reference subsection (5)(e) of this section. (f) Interferences. ( e) Method performance. (i) High concentrations of silicate interfere in determin- A synopsis of method performance is presented below. ing cadmium by flame AAS (subsection (5)(f) of this Further information can be found in subsection (4) of this section). However, silicates are not significantly soluble in section. the acid matrix used to prepare the samples. (i) The qualitative and quantitative detection limits for (ii) Interferences, such as background absorption, are the flame AAS analytical technique are 0.04 µg (0.004 reduced to a minimum in the AAS-HGA analytical technique µg/mL) and 0.14 µg (0.014 µg/mL) cadmium, respectively, by taking full advantage of the stabilized temperature for a 10 mL solution volume. These correspond, respective- platform furnace (STPF) concept. STPF includes all of the ly, to 0.2 µg!m3 and 0.70 µg/m3 for a 200 Lair volume. following parameters (subsection (5)(b) of this section): (ii) The qualitative and quantitative detection limits for (A) Integrated absorbance; the AAS-HGA analytical technique are 0.44 ng (0.044 (B) Fast instrument electronics and sampling frequency; ng/mL) and 1.5 ng (0.15 ng/mL) cadmium, respectively, for (C) Background correction; a 10 mL solution volume. These correspond, respectively, (D) Maximum power heating; to 0.007 µg/m3 and 0.025 µg/m3 for a 60 L air volume. (E) Atomization off the L'vov platform in a (iii) The average recovery by the flame AAS analytical pyrolytically coated graphite tube; technique of 17 spiked MCEF samples containing cadmium (F) Gas stop during atomization; in the range of 0.5 to 2.0 times the TWA target concentra- (G) Use of matrix modifiers. tion of 5 µg!m3 (assuming a 400 Lair volume) was 104.0% (g) Toxicology (subsection (S)(n) of this section). with a pooled coefficient of variation (CV1) of 0.010. The Information listed within this section is synopsis of flame analytical technique exhibited a positive bias of +4.0% current knowledge of the physiological effects of cadmium for the validated concentration range. The overall analytical and is not intended to be used as the basis for WISHA error (OAE) for the flame AAS analytical technique was policy. IARC classifies cadmium and certain of its com- ±6.0%. pounds as Group 2A carcinogens (probably carcinogenic to (iv) The average recovery by the AAS-HGA analytical humans). Cadmium fume is intensely irritating to the technique of 18 spiked MCEF samples containing cadmium respiratory tract. Workplace exposure to cadmium can cause in the range of 0.5 to 2.0 times the action level TWA target both chronic and acute effects. Acute effects include concentration of 2.5 µg/m3 (assuming a 60 L air volume) tracheobronchitis, pneumonitis, and pulmonary edema. was 94.2% with a pooled coefficient of variation (CV 1) of Chronic effects include anemia, rhinitis/anosmia, pulmonary 0.043. The AAS-HGA analytical technique exhibited a emphysema, proteinuria and lung cancer. The primary target negative bias of -5.8% for the validated concentration range. organs for chronic disease are the kidneys (noncarcinogenic) The overall analytical error (OAE) for the AAS-HGA and the lungs (carcinogenic). analytical technique was ±14.2%. (2) Sampling. (v) Sensitivity in flame atomic absorption is defined as (a) Apparatus. the characteristic concentration of an element required to (i) Filter cassette unit for air sampling: A 37-mm produce a signal of 1 % absorbance (0.0044 absorbance diameter mixed cellulose ester membrane filter with a pore units). Sensitivity values are listed for each element by the size of 0.8 µm contained in a 37-mm polystyrene two- or atomic absorption spectrophotometer manufacturer and have three-piece cassette filter holder (part no. MA WP 037 AO, proved to be a very valuable diagnostic tool to determine if Millipore Corp., Bedford, MA). The filter is supported with instrumental parameters are optimized and if the instrument a cellulose backup pad. The cassette is sealed prior to use is performing up to specification. The sensitivity of the with a shrinkable gel band. spectrophotometer used in the validation of the flame AAS (ii) A calibrated personal sampling pump whose flow is analytical technique agreed with the manufacturer specifica- determined to an accuracy of ±5% at the recommended flow tions (subsection (5)(f) of this section); the 2 µg/mL cadmi- rate with the filter cassette unit in line. um standard gave an absorbance reading of 0.350 abs. units. (b) Procedure [ 217] Pennanent WSR 93-21-075 Washington State Register, Issue 93-21 (i) Attach the prepared cassette to the calibrated sam- (c) Apparatus for flame AAS analysis. pling pump (the backup pad should face the pump) using (i) Atomic absorption spectrophotometer consisting of flexible tubing. Place the sampling device on the employee a(an): such that air is sampled from the breathing zone. Nebulizer and burner head; pressure regulating devices (ii) Collect air samples at a flow rate of 2.0 Umin. If capable of maintaining constant oxidant and fuel pressures; the filter does not become overloaded, a full-shift (at least optical system capable of isolating the desired wavelength of seven hours) sample is strongly recommended for TWA and radiation (228.8 nm); adjustable slit; light measuring and action level TWA measurements with a maximum air amplifying device; display, strip chart, or computer interface volume of 960 L. If overloading occurs, collect consecutive for indicating the amount of absorbed radiation; cadmium air samples for shorter sampling periods to cover the full hollow cathode lamp or electrodeless discharge lamp (EDL) workshift. and power supply. (iii) Replace the end plugs into the filter cassettes (ii) Oxidant: Compressed air, filtered to remove water, immediately after sampling. Record the sampling conditions. oil and other foreign substances. (iv) Securely wrap each sample filter cassette end-to-end (iii) Fuel: Standard commercially available tanks of with a sample seal. acetylene dissolved in acetone; tanks should be equipped (v) Submit at least one blank sample. With each set of with flash arresters. air samples. The blank sample should be handled the same Caution: Do not use grades of acetylene containing solvents as the other samples except that no air is drawn through it. other than acetone because they may damage the PVC tubing (vi) Ship the samples to the laboratory for analysis as used in some instruments. soon as possible in a suitable container designed to prevent damage in transit. (iv) Pressure-reducing valves: Two gauge, two-stage (3) Analysis. pressure regulators to maintain fuel and oxidant pressures

Precautionary statements

somewhat higher than the controlled operating pressures of (i) Wear safety glasses, protective clothing and gloves the instrument. at all times. (v) Exhaust vent installed directly above the spectropho- (ii) Handle acid solutions with care. Handle all cadmi- tometer burner head. um samples and solutions with extra care (see subsection (d) Apparatus for AAS-HGA analysis. ( 1 )(g) of this section). Avoid their direct contact with work (i) Atomic absorption spectrophotometer consisting of area surfaces, eyes, skin and clothes. Flush acid solutions a(an): which contact the skin or eyes with copious amounts of Heated graphite furnace atomizer (HGA) with argon water. purge system pressure-regulating devices capable of main- (iii) Perform all acid digestions and acid dilutions in an taining constant argon purge pressure; optical system capable exhaust hood while wearing a face shield. To avoid expo- of isolating the desired wavelength of radiation (228.8 nm); sure to acid vapors, do not remove beakers containing adjustable slit; light measuring and amplifying device; concentrated acid solutions from the exhaust hood until they display, strip chart, or computer interface for indicating the have returned to room temperature and have been diluted or amount of absorbed radiation (as integrated absorbance, peak emptied. area); background corrector: Zeeman or deuterium arc. The (iv) Exercise care when using laboratory glassware. Do Zeeman background corrector is recommended; cadmium not use chipped pipets, volumetric flasks, beakers or any hollow cathode lamp or electrodeless discharge lamp (EDL) glassware with sharp edges exposed in order to avoid the and power supply; autosampler capable of accurately possibility of cuts or abrasions. injecting 5 to 20 µL sample aliquots onto the L'vov (v) Never pipet by mouth. Platform in a graphite tube. (vi) Refer to the instrument instruction manuals and (ii) Pyrolytically coated graphite tubes containing solid, SOPs (subsection (5)(h) and (i) of this section) for proper pyrolytic L'vov platforms. and safe operation of the atomic absorption spectrophotome- (iii) Polyethylene sample cups, 2.0 to 2.5 mL, for use ter, graphite furnace atomizer and associated equipment. with the autosampler. (vii) Because metallic elements and other toxic sub- (iv) Inert purge gas for graphite furnace atomizer: stances are vaporized during AAS flame or graphite furnace Compressed gas cylinder of purified argon. atomizer operation, it is imperative that an exhaust vent be (v) Two gauge, two-stage pressure regulator for the used. Always ensure that the exhaust system is operating argon gas cylinder. properly during instrument use. (vi) Cooling water supply for graphite furnace atomizer. (b) Apparatus for sample and standard preparation. (vii) Exhaust vent installed directly above the graphite (i) Hot plate, capable of reaching 150°C, installed in an furnace atomizer. exhaust hood. (e) Reagents. All reagents should be ACS analytical (ii) Phillips beakers, 125 mL. reagent grade or better. (iii) Bottles, narrow-mouth, polyethylene or glass with (i) Deionized water with a specific conductance of less leakproof caps: used for storage of standards and matrix than 10 µS. modifier. (ii) Concentrated nitric acid, HN03. (iv) Volumetric flasks, volumetric pipets, beakers and (iii) Concentrated hydrochloric acid, HCI. other associated general laboratory glassware. (iv) Ammonium phosphate, monobasic, NH4H2P04. (v) Forceps and other associated general laboratory (v) Magnesium nitrate, Mg(N03) 2 6H20. • equipment. Permanent [ 218] Washington State Register, Issue 93-21 WSR 93-21-075 (vi) Diluting solution (4% HN03, 0.4% HCI): Add 40 the same diluting solution. A suggested method of prepara- mL HN03 and 4 mL HCJ carefully to approximately 500 mL tion of the working standards is given below. deionized water and dilute to 1 L with deionized water. Working Std Aliquot Final vol. (vii) Cadmium standard stock solution, 1,000 µg/mL: standard solution Use a commercially available certified 1,000 µg/mL cadmi- (ng/mL) (mL) um standard or, alternatively, dissolve 1.0000 g of cadmium 0.2 10 2 IOO metal in a minimum volume of 1: 1 HCI and dilute to 1 L 0.5 IO 5 100 with 4% HN03. Observe expiration dates of commercial I IO 10 IOO standards. Properly dispose of commercial standards with no 2 IOO 2 IOO expiration dates or prepared standards one year after their 5 JOO 5 IOO receipt or preparation date. JOO 10 100 IO (viii) Matrix modifier for AAS-HGA analysis: Dissolve 20 1,000 2 100 1.0 g NH4H2P04 and 0.15 g Mg(N03)z • 6H20 in approxi- mately 200 mL deionized water. Add 1 mL HN03 and Store the working standards in narrow-mouth polyethylene or glass bottles with leakproof caps. Prepare monthly. dilute to 500 mL with deionized water. ix) Nitric Acid, 1 1 HNO/DI HzO mixture Carefully (i) Sample preparation. add a measured volume of concentrated HN03 to an equal (i) Carefully transfer each sample filter with forceps volume of DI H20. from its filter cassette unit to a clean, separate 125-mL (x) Nitric acid, 10% v/v: Carefully add JOO mL of Phillips beaker along with any loose dust found in the concentrated HN03 to 500 mL of DI HzO and dilute to I L. cassette. Label each Phillips beaker with the appropriate (f) Glassware preparation. sample number. (i) Clean Phillips beakers by refluxing with 1: 1 nitric (ii) Digest the sample by adding 5 mL of concentrated acid on a hot plate in a fume hood. Thoroughly rinse with nitric acid (HN03) to each Phillips beaker containing an air deionized water and invert the beakers to allow them to filter sample. Place the Phillips beakers on a hot plate in an drain dry. exhaust hood and heat the samples until approximately 0.5 (ii) Rinse volumetric flasks and all other glassware with mL remains. The sample solution in each Phillips beaker I 0% nitric acid and deionized water prior to use. should become clear. If it is not clear, digest the sample (g) Standard preparation for flame AAS analysis. with another portion of concentrated nitric acid. (i) Dilute stock solutions: Prepare 1, 5, IO and IOO (iii) After completing the HN03 digestion and cooling µg/mL cadmium standard stock solutions by making appro- the samples, add 40 µL (2 drops) of concentrated HCl to priate serial dilutions of 1,000 µg/mL cadmium standard each air sample solution and then swirl the contents. stock solution with the diluting solution described in (e)(vi) Carefully add about 5 mL of deionized water by pouring it of this subsection. down the inside of each beaker. (ii) Working standards: Prepare cadmium working (iv) Quantitatively transfer each cooled air sample standards in the range of 0.02 to 2.0 µg/mL by making solution from each Phillips beaker to a clean 10-mL volu- appropriate serial dilutions of the dilute stock solutions with metric flask. Dilute each flask to volume with deionized the same diluting solution. A suggested method of prepara- water and mix well. tion of the working standards is given below. U) Flame AAS analysis. Analyze all of the air samples for their cadmium content Working Std Aliquot Final vol. by flame atomic absorption spectroscopy (AAS) according standard solution to the instructions given below. (µg/mL) (mL) (i) Set up the atomic absorption spectrophotometer for 0.02 1 10 500 the air/acetylene flame analysis of cadmium according to the 0.05 5 500 SOP (subsection (5)(h) of this section) or the manufacturer's 0.1 IO 5 500 operational instructions. For the source lamp, use the 0.2 10 500 cadmium hollow cathode or electrodeless discharge lamp 0.5 IO 25 500 operated at the manufacturer's recommended rating for 1 100 5 500 continuous operation. Allow the lamp to warm up ten to 2 100 10 500 twenty minutes or until the energy output stabilizes. Store the working standards in 500-mL, narrow-mouth polyethy- Optimize conditions such as lamp position, burner head lene or glass bottles with leak proof caps. Prepare every twelve alignment, fuel and oxidant flow rates, etc. See the SOP or months. specific instrument manuals for details. Instrumental (h) Standard preparation for AAS-HGA analysis. parameters for the Perkin-Elmer Model 603 used in the (i) Dilute stock solutions: Prepare 10, 100 and 1,000 validation of this method are given in subsection (6) of this ng/mL cadmium standard stock solutions by making appro- section. priate ten-fold serial dilutions of the 1,000 µg/mL cadmium (ii) Aspirate and measure the absorbance of a standard standard stock solution with the diluting solution described solution of cadmium. The standard concentration should be in (e)(vi) of this subsection. within the linear range. For the instrumentation used in the (ii) Working standards: Prepare cadmium working validation of this method a 2 µg/mL cadmium standard gives standards in the range of 0.2 to 20 ng/mL by making a net absorbance reading of about 0.350 abs. units (see appropriate serial dilutions of the dilute stock solutions with subsection (l)(e)(v) of this section) when the instrument and [ 219] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 the source lamp are performing to manufacturer specifica- validation of this method are given in ((WAC 296 62 07443, tions. A1313eHcliit B)) subsection (7) of this section. (iii) To increase instrument response, scale expand the (ii) Optimize the energy reading of the spectrophotome- absorbance reading of the aspirated 2 µg/mL working ter at 228.8 nm by adjusting the lamp position and the standard approximately four times. Increase the integration wavelength according to the manufacturer's instructions. time to at least three seconds to reduce signal noise. (iii) Set up the autosampler to inject a 5-µL aliquot of (iv) Autozero the instrument while aspirating a deion- the working standard, sample or reagent blank solution onto ized water blank. Monitor the variation in the baseline the L'vov platform along with a 10-µL overlay of the matrix absorbance reading (baseline noise) for a few minutes to modifier. insure that the instrument, source lamp and associated (iv) Analyze the reagent blank (diluting solution, (e)(vi) equipment are in good operating condition. of this subsection) and then autozero the instrument before (v) Aspirate the working standards and samples directly starting the analysis of a set of samples. It is recommended into the flame and record their absorbance readings. that the reagent blank be analyzed several times during the Aspirate the deionized water blank immediately after every analysis to assure the integrated absorbance (peak area) standard or sample to correct for and monitor any baseline reading remains at or near zero. drift and noise. Record the baseline absorbance reading of (v) Analyze a working standard approximately midway each deionized water blank. Label each standard and sample in the linear portion of the working standard range two or reading and its accompanying baseline reading. three times to check for reproducibility and sensitivity (see (vi) It is recommended that the entire series of working subsection (l)(e)(v) and (vi) of this section) before starting standards be analyzed at the beginning and end of the the analysis of samples. Calculate the experimental charac- analysis of a set of samples to establish a concentration- teristic mass value from the average integrated absorbance response curve, ensure that the standard readings agree with reading and injection volume of the analyzed working each other and are reproducible. Also, analyze a working standard. Compare this value to the manufacturer's suggest- standard after every five or six samples to monitor the ed value as a check of proper instrument operation. performance of the spectrophotometer. Standard readings (vi) Analyze the reagent blank, working standard, and should agree within ±10 to 15% of the readings obtained at sample solutions. Record and label the peak area (abs-sec) the beginning of the analysis. readings and the peak and background peak profiles on the (vii) Bracket the sample readings with standards during printer/plotter. the analysis. If the absorbance reading of a sample is above (vii) It is recommended the entire series of working the absorbance reading of the highest working standard, standards be analyzed at the beginning and end of the dilute the sample with diluting solution and reanalyze. Use analysis of a set of samples. Establish a concentration- the appropriate dilution factor in the calculations. response curve and ensure standard readings agree with each (viii) Repeat the analysis of approximately ten percent other and are reproducible. Also, analyze a working of the samples for a check of precision. standard after every five or six samples to monitor the (ix) If possible, analyze quality control samples from an performance of the system. Standard readings should agree independent source as a check on analytical recovery and within ±15% of the readings obtained at the beginning of the precision. analysis. (x) Record the final instrument settings at the end of the (viii) Bracket the sample readings with standards durinE analysis. Date and label the output. the analysis. If the peak area reading of a sample is above (k) AAS-HGA analysis. the peak area reading of the highest working standard, dilute Initially analyze all of the air samples for their cadmium the sample with the diluting solution and reanalyze. Use the content by flame atomic absorption spectroscopy (AAS) appropriate dilution factor in the calculations. according to the instructions given in (j) of this subsection. (ix) Repeat the analysis of approximately ten percent oJ If the concentration of cadmium in a sample solution is less the samples for a check of precision. than three times the quantitative detection limit (0.04 µg/mL (x) If possible, analyze quality control samples from ar (40 ng/mL) for the instrumentation used in the validation) independent source as a check of analytical recovery anc and the sample results are to be averaged with other samples precision. for TWA calculations, proceed with the AAS-HGA analysis (xi) Record the final instrument settings at the end o1 of the sample as described below. the analysis. Date and label the output. (i) Set up the atomic absorption spectrophotometer and (I) Calculations. HGA for flameless atomic absorption analysis of cadmium Note: Standards used for HGA analysis are in ng/mL. Total amount: according to the SOP (subsection (5)(i) of this section) or the of cadmium from calculations will be in ng (not µg) unless ; manufacturer's operational instructions and allow the prior conversion is made. instrument to stabilize. The graphite furnace atomizer is (i) Correct for baseline drift and noise in flame AA~ equipped with a pyrolytically coated graphite tube containing analysis by subtracting each baseline absorbance readin! a pyrolytic platform. For the source lamp, use a cadmium from its corresponding working standard or sample absor· hollow cathode or electrodeless discharge lamp operated at bance reading to obtain the net absorbance reading for eacl the manufacturer's recommended setting for graphite furnace standard and sample. operation. The Zeeman background corrector and EDL are (ii) Use a least squares regression program to plot : recommended for use with the L'vov platform. Instrumental concentration-response curve of net absorbance reading ( o; parameters for the Perkin-Elmer Model 5100 spectrophotom- eter and Zeeman HGA-600 graphite furnace used in the Permanent [ 220 ] Washington State Register, Issue 93-21 WSR 93-21-075 peak area for HGA analysis) versus concentration (µg/mL or calculated using the equation (subsection (5)(1) of this ng/mL) of cadmium in each working standard. section): (iii) Determine the concentration (µg/mL or ng/mL) of cadmium in each sample from the resulting concentration- OAE=±[ I Bias I +(1.96)(CV1(pooled))(l00%)] response curve. If the concentration of cadmium in a sample (iii) A derivation of the International Union of Pure and solution is less than three times the quantitative detection Applied Chemistry (IUPAC) detection limit equation limit (0.04 µg/mL (40 ng/mL) for the instrumentation used (subsection (5)(m) of this section) was used to determine the in the validation of the method) and if consecutive samples qualitative and quantitative detection limits for both atomic were taken on one employee and the sample results are to be absorption analytical techniques: averaged with other samples to determine a single TWA, (Equation I) C1d=k(sd)/m reanalyze the sample by AAS-HGA as described in (k) of Where: C1d=the smallest reliable detectable concentration an this subsection and report the AAS-HGA analytical results. analytical instrument can determine at a given confidence (iv) Calculate the total amount (µg or ng) of cadmium level. in each sample from the sample solution volume (mL): k=3 for the Qualitative Detection Limit at the 99.86% Confidence Level W=(C)(sample vol, mL)(DF) =10 for the Quantitative Detection Limit at the 99.99% Where: W=Total cadmium in sample Confidence Level. C=Calculated concentration of cadmium sd=standard deviation of the reagent blank (Rbl) readings. DF=Dilution Factor (if applicable) m=analytical sensitivity or slope as calculated by linear regression. (v) Make a blank correction for each air sample by subtracting the total amount of cadmium in the correspond- (iv) Collection efficiencies of metallic fume and dust ing blank sample from the total amount of cadmium in the atmospheres on 0.8-µm mixed cellulose ester membrane sample. filters are well documented and have been shown to be (vi) Calculate the concentration of cadmium in an air excellent (subsection (5)(k) of this section). Since elemental sample (mg/m3 or µg/m3) by using one of the following cadmium and the cadmium component of cadmium com- equations: pounds are nonvolatile, stability studies of cadmium spiked MCEF samples were not performed. mglm3=WbJ(Air vol sampled, L) (b) Equipment. or µglm3=(Wbc)(l,000 ng/µg)/(Air vol sampled, L) . (i) A Perkin-Elmer (PE) Model 603 spectrophotometer Where: Wbc=blank corrected total µg cadmium in the sample. equipped with a manual gas control system, a stainless steel (lµg=l,000 ng) nebulizer, a burner mixing chamber, a flow spoiler and a IO (4) Backup data. cm (one-slot) burner head was used in the experimental (a) Introduction. validation of the flame AAS analytical technique. A PE (i) The purpose of this evaluation is to determine the cadmium hollow cathode lamp, operated at the analytical method recovery, working standard range, and manufacturer's recommended current setting for continuous qualitative and quantitative detection limits of the two atomic operation (4 mA), was used as the source lamp. Instrument absorption analytical techniques included in this method. parameters are listed in subsection (6) of this section. The evaluation consisted of the following experiments: (ii) A PE Model 5100 spectrophotometer, Zeeman (A) An analysis of twenty-four samples (six samples HGA-600 graphite furnace atomizer and AS-60 HGA each at 0.1, 0.5, I and 2 times the TWA-PEL) for the autosampler were used in the experimental validation of the analytical method recovery study of the flame AAS analyti- AAS-HGA analytical technique. The spectrophotometer was cal technique. equipped with a PE Series 7700 professional computer and (B) An analysis of eighteen samples (six samples each Model PR-310 printer. A PE System 2 cadmium at 0.5, I and 2 times the action level TWA-PEL) for the electrodeless discharge lamp, operated at the manufacturer's analytical method recovery study of the AAS-HGA analyti- recommended current setting for modulated operation ( 170 cal technique. mA), was used as the source lamp. Instrument parameters (C) Multiple analyses of the reagent blank and a series are listed in subsection (7) of this section. of standard solutions to determine the working standard (c) Reagents. range and the qualitative and quantitative detection limits for (i) J.T. Baker Chem. Co. (Analyzed grade) concentrated both atomic absorption analytical techniques. nitric acid, 69.0-71.0%, and concentrated hydrochloric acid, (ii) The analytical method recovery results at all test 36.5-38.0%, were used to prepare the samples and standards. levels were calculated from concentration-response curves (ii) Ammonium phosphate, monobasic, ((NH4H2P04)) and statistically examined for outliers at the ninety-nine NH4H2P04 and magnesium nitrate hexahydrate, Mg(N03)i.6 percent confidence level. Possible outliers were determined H20 both manufactured by the Mallinckrodt Chem. Co., using the Treatment of Outliers test (subsection (5)U) of this were used to prepare the matrix modifier for AAS-HGA section). In addition, the sample results of the two analytical analysis. techniques, at 0.5, 1.0 and 2.0 times their target concentra- (d) Standard preparation for flame AAS analysis. tions, were tested for homogeneity of variances also at the (i) Dilute stock solutions: Prepared 0.01, 0.1, I, JO and ninety-nine percent confidence level. Homogeneity of the JOO µg/mL cadmium standard stock solutions by making coefficients of variation was determined using the Bartlett's appropriate serial dilutions of a commercially available 1,000 test (subsection (5)(k) of this section). The overall analytical µg/mL cadmium standard stock solution (RICCA Chemical error (OAE) at the ninety-five percent confidence level was Co., Lot# A I 02) with the diluting solution ( 4% HN03, 0.4% HCI). [ 2211 Permanent WSR 93-21-075 Washington State Register, Issue 93-21 (ii) Analyzed standards: Prepared cadmium standards working range, 2.0 µg/mL, is at the upper end of the linear in the range of 0.001 to 2.0 µg/mL by pipetting 2 to 10 mL working range suggested by the manufacturer (subsection of the appropriate dilute cadmium stock solution into a (5)(f) of this section). Although the standard net absorbance 100-mL volumetric flask and diluting to volume with the readings are not strictly linear at concentrations above 0.5 diluting solution. (See subsection (3)(g)(ii) of this section). µg/mL, the deviation from linearity is only about ten percent (e) Standard preparation for AAS-HGA analysis. at the upper end of the recommended standard working (i) Dilute stock solutions: Prepared 1, 10, 100 and range. The deviation from linearity is probably caused by 1,000 ng/mL cadmium standard stock solutions by making the four-fold expansion of the signal suggested in the appropriate serial dilutions of a commercially available 1,000 method. As shown in Table 2, the precision of the standard µg/mL cadmium standard stock solution (J.T. Baker Chemi- net absorbance readings are excellent throughout the recom- cal Co., Instra-analyzed, Lot# D22642) with the diluting mended working range; the relative standard deviations of solution (4% HN03, 0.4% HCI). the readings range from 0.009 to 0.064. (ii) Analyzed standards: Prepared cadmium standards (g) Detection limits and standard working range for in the range of 0.1 to 40 ng/mL by pipetting 2 to 10 mL of AAS-HGA analysis. the appropriate dilute cadmium stock solution into a 100-mL (i) Analyzed the reagent blank solution and the entire volumetric flask and diluting to volume with the diluting series of cadmium standards in the range of 0.1 to 40 ng/mL solution. (See subsection (3)(h)(ii) of this section). according to the instructions given in subsection (3)(k) of (f) Detection limits and standard working range for this section. The diluting solution (4% HN03, 0.4% HCI) flame AAS analysis. was used as the reagent blank. A fresh aliquot of the (i) Analyzed the reagent blank solution and the entire reagent blank and of each standard was used for every series of cadmium standards in the range of 0.001 to 2.0 analysis. The experimental characteristic mass value was µg/mL three to six times according to the instructions given 0.41 pg, calculated from the average peak area (abs-sec) in subsection (3)U) of this section. The diluting solution reading of the 5 ng/mL standard which is approximately (4% HN03, 0.4% HCI) was used as the reagent blank. The midway in the linear portion of the working standard range. integration time on the PE 603 spectrophotometer was set to This agreed within twenty percent with the characteristic 3.0 seconds and a four-fold expansion of the absorbance mass value, 0.35 pg, listed by the manufacturer of the reading of the 2.0 µg/mL cadmium standard was made prior instrument (subsection (5)(b) of this section). to analysis. The 2.0 µg/mL standard gave a net absorbance (ii) The peak area (abs-sec) readings of the reagent reading of 0.350 abs. units prior to expansion in agreement blank and the low concentration Cd standards from 0.1 to with the manufacturer's specifications (subsection (5)(f) of 2.0 ng/mL and statistical analysis of the results are shown in this section). Table 3. Five of the reagent blank peak area readings were (ii) The net absorbance readings of the reagent blank zero and the sixth reading was 1 and was an outlier. The and the low concentration Cd standards from 0.001 to 0.1 near lack of a blank signal does not satisfy a strict interpreta- µg/mL and the statistical analysis of the results are shown in tion of the IUPAC method for determining the detection Table 1. The standard deviation, sd, of the six net absor- limits. Therefore, the standard deviation of the six peak area bance readings of the reagent blank is 1.05 abs. units. The readings of the 0.2 ng/mL cadmium standard, 0.75 abs-sec, slope, m, as calculated by a linear regression plot of the net was used to calculate the detection limits by the IUPAC absorbance readings (shown in Table 2) of the 0.02 to 1.0 method. The slope, m, as calculated by a linear regression µg/mL cadmium standards versus their concentration is 772.7 plot of the peak area (abs-sec) readings (shown in Table 4) abs. units/(µg/mL). of the 0.2 to I 0 ng/mL cadmium standards versus their (iii) If these values for sd and the slope, m, are used in concentration is 51.5 abs-sec/(ng/mL). Eqn. 1 ((a)(ii) of this subsection), the qualitative and (iii) If 0.75 abs-sec (sd) and 51.5 abs-sec/(ng/mL) (m) quantitative detection limits as determined by the IUPAC are used in Eqn. I ((a)(iii) of this subsection), the qualita- Method are: tive and quantitative detection limits as determined by the (3)(1.05 abs. units)/(772.7 abs. units/(µg/mL)) = 0.0041 µg/mL IUPAC method are: C1d= for the qualitative detection limit. C1d= (3)(0.75 abs-sec)/(51.5 abs-sec/(ng/mL) = 0.044 ng/mL for the C1d= (10)(1.05 abs. units)/(772.7 abs. units/µg/mL)) =0.014 pg/mL qualitative detection limit. for the quantitative detection limit. C1d= (10)(0.75 abs-sec)/(51.5 abs-sec/(ng/mL) = 0.15 ng/mL for the quantitative detection limit. The qualitative and quantitative The qualitative and quantitative detection limits for the flame detection limits for the AAS-HGA analytical technique are 0.44 AAS analytical technique are 0.041 µg and 0.14 µg cadmi- ng and 1.5 ng cadmium, respectively, for a 10 mL solution um, respectively, for a 10 mL solution volume. These volume. These correspond, respectively, to 0.007 µg/m3 and correspond, respectively, to 0.2 µg/m3 and 0.70 µg/m3 for a 0.025 µgtm3 for a 60 L air volume. 200 Lair volume. (iv) The peak area (abs-sec) readings of the Cd stan- (iv) The recommended Cd standard working range for dards from 0.2 to 40 ng/mL and the statistical analysis of the flame AAS analysis is 0.02 to 2.0 µg/mL. The net absor- results are given in Table 4. The recommended standard bance readings of the reagent blank and the recommended working range for AAS-HGA analysis is 0.2 to 20 ng/mL. working range standards and the statistical analysis of the The standard of lowest concentration in the recommended results are shown in Table 2. The standard of lowest working range is slightly greater than the calculated quantita- concentration in the working range, 0.02 µg/mL, is slightly tive detection limit, 0.15 ng/mL. The deviation from greater than the calculated quantitative detection limit, 0.014 linearity of the peak area readings of the 20 ng/mL standard, µg/mL. The standard of highest concentration in the the highest concentration standard in the recommended Permanent [ 222] Washington State Register, Issue 93-21 WSR 93-21-075 working range, is approximately ten percent. The deviations of this section. A five-fold dilution of the spiked filter from linearity of the peak area readings of the thirty and samp,les at 2 times the action level TWA was made prior to forty ng/mL standards are significantly greater than ten their analysis. The 0.05 to 20 ng/mL cadmium standards percent. As shown in Table 4, the precision of the peak area were used in the analysis of the spiked filters. readings are satisfactory throughout the recommended (iii) The results of the analysis are given in Table 6. working range; the relative standard deviations of the There were no outliers. The coefficients of variation for the readings range from 0.025 to 0.083. three test levels at 0.5 to 2.0 times the action level TWA (h) Analytical method recovery for flame AAS analysis. PEL passed the Bartlett's test and were pooled. The average (i) Four sets of spiked MCEF samples were prepared by recovery of the spiked filter samples was 94.2% with a injecting 20 µL of 10, 50, 100 and 200 µg/mL dilute pooled coefficient of variation (CVl) of 0.043. Consequent- cadmium stock solutions on 37 mm diameter filters (part No. ly, the analytical bias was -5.8% and the OAE was ±14.2%. AAWP 037 00, Millipore Corp., Bedford, MA) with a U) Conclusions. calibrated micropipet. The dilute stock solutions were The experiments performed in this evaluation show the prepared by making appropriate serial dilutions of a commer- two atomic absorption analytical techniques included in this cially available 1,000 µg/mL cadmium standard stock method to be precise and accurate and have sufficient solution (RICCA Chemical Co., Lot# A102) with the sensitivity to measure airborne cadmium over a broad range diluting solution (4% HN03, 0.4% HCI). Each set contained of exposure levels and sampling periods. six samples and a sample blank. The amount of cadmium (5) References. in the prepared sets were equivalent to 0.1, 0.5, 1.0 and 2.0 (a) Slavin, W. Graphite Furnace MS-A Source Book; times the TWA PEL target concentration of 5 µg/m3 for a Perkin-Elmer Corp., Spectroscopy Div.: Ridgefield, CT, 400 Lair volume. 1984; p. 18 and pp. 83-90. (ii) The air-dried spiked filters were digested and (b) Grosser, Z., Ed.; Techniques in Graphite Furnace analyzed for their cadmium content by flame atomic absorp- Atomic Absorption Spectrophotometry; Perkin-Elmer Corp., tion spectroscopy (AAS) following the procedure described Spectroscopy Div.: Ridgefield, CT, 1985. in subsection (3) of this section. The 0.02 to 2.0 µg/mL (c) Occupational Safety and Health Administration Salt cadmium standards (the suggested working range) were used Lake Technical Center: Metal and Metalloid Particulate in in the analysis of the spiked filters. Workplace Atmospheres (Atomic Absorption) (USDOUOSHA (iii) The results of the analysis are given in Table 5. Method No. ID-121). Jn OSHA Analytical Methods Manual One result at 0.5 times the TWA PEL target concentration 2nd ed. Cincinnati, OH: American Conference of Govern- was an outlier and was excluded from statistical analysis. mental Industrial Hygienists, 1991. Experimental justification for rejecting it is that the outlier (d) Occupational Safety and Health Administration Salt value was probably due to a spiking error. The coefficients Lake Technical Center: Metal and Metalloid Particulate in of variation for the three test levels at 0.5 to 2.0 times the Workplace Atmospheres (JCP) (USDOUOSHA Method No. TWA PEL target concentration passed the Bartlett's test and ID-125G). Jn OSHA Analytical Methods Manual 2nd ed. were pooled. Cincinnati, OH: American Conference of Governmental (iv) The average recovery of the six spiked filter industrial Hygienists, 1991. samples at 0.1 times the TWA PEL target concentration was (e) Windholz, M., Ed.; The Merck Index, 10th ed.; 118.2% with a coefficient of variation (CVl) of 0.128. The Merck & Co.: Rahway, NJ, 1983. average recovery of the spiked filter samples in the range of (t) Analytical Methods for Atomic Absorption Spectro- 0.5 to 2.0 times the TWA target concentration was 104.0% photometry, The Perkin-Elmer Corporation: Norwalk, CT, with a pooled coefficient of variation (CVl) of 0.010. 1982. Consequently, the analytical bias found in these spiked (g) Slavin, W., D.C. Manning, G. Carnrick, and E. sample results over the tested concentration range was Pruszkowska: Properties of the Cadmium Determination +4.0% and the OAE was ±6.0%. with the Platform Furnace and Zeeman Background Correc- (i) Analytical method recovery for AAS-HGA analysis. tion. Spectrochim. Acta 38B:1157-1170 (1983). (i) Three sets of spiked MCEF samples were prepared (h) Occupational Safety and Health Administration Salt by injecting 15 µL of 5, 10 and 20 µg/mL dilute cadmium Lake Technical Center: Standard Operating Procedure for stock solutions on 37 mm diameter filters (part no. AA WP Atomic Absorption. Salt Lake City, UT: USDOUOSHA- 037 00, Millipore Corp., Bedford, MA) with a calibrated SLTC, In progress. micropipet. The dilute stock solutions were prepared by (i) Occupational Safety and Health Administration Salt making appropriate serial dilutions of a commercially Lake Technical Center: AAS-HGA Standard Operating available certified 1,000 µg/mL cadmium standard stock Procedure. Salt Lake City, UT: USDOUOSHA- SLTC, Jn solution (Fisher Chemical Co., Lot# 913438-24) with the progress. diluting solution (4% HN03, 0.4% HCl). Each set contained U) Mandel, J.: Accuracy and Precision, Evaluation and six samples and a sample blank. The amount of cadmium Interpretation of Analytical Results, The Treatment of in the prepared sets were equivalent to 0.5, I and 2 times the Outliers. In Treatise On Analytical Chemistry, 2nd ed., action level TWA target concentration of 2.5 µg/m3 for a 60 Vol.I, edited by I. M. Kolthoff and P. J. Elving. New York: L air volume. John Wiley and Sons, 1978. pp. 282-285. (ii) The air-dried spiked filters were digested and (k) National Institute for Occupational Safety and analyzed for their cadmium content by flameless atomic Health: Documentation of the NIOSH Validation Tests by absorption spectroscopy using a heated graphite furnace D. Taylor, R. Kupel, and J. Bryant (DHEWINJOSH Pub. No. atomizer following the procedure described in subsection (3) [ 223] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 77-185). Cincinnati, OH: National institute for Occupation- Table 2-Cd Standard Working Range al Safety and Health, 1977. Study (1) Occupational Safety and Health Administration Analytical Laboratory: Precision and Accuracy Data [Flame AAS Analysis] Protocol for Laboratory Validations. Jn OSHA Analytical Absorbance Methods Manual 1st ed. Cincinnati, OH: American Confer- STD (µg/mL) reading at Statistical ence of Governmental Industrial Hygienists (Pub. No. ISBN: 228.8 nm analysis 0-936712-66-X), I985. (m) Long, G.L. and J.D. Winefordner: Limit of Reagent blank 5 2 n=6. Detection-A Closer Look at the /UPAC Definition. 4 3 mean=3.50. Anal.Chem. 55:712A-724A (1983). 4 3 std dev= 1.05. (n) American Conference of Governmental Industrial CV=0.30. Hygienists: Documentation of Threshold Limit Values and 0.020 20 23 n=6. Biological Exposure Indices. 5th ed. Cincinnati, OH: 20 22 mean=20.8. American Conference of Governmental Industrial Hygienists, 20 std dev=l.33. I986. 0.050 42 n=6. Table 1-Cd Detection Limit Study 42 mean=42.5. [Flame AAS Analysis] 42 45 std dev=l.22. CV=0.029. Absorbance 0.10 84 n=3. STD (µg/mL) reading at Statistical 80 mean=82.3. 228.8 nm analysis 83 std dev=2.08. Reagent blank 5 2 n=6. CV=0.025. 4 3 mean=3.50. 0.20 161 n=3. 4 3 std dev=l.05. 161 mean=160.0. CV=0.30. 158 std dev= 1. 73. 0.001 6 n=6. CV=0.011. 2 4 mean=5.00. 0.50 391 n=3. 6 std dev=l.67. 389 mean=391.0. CV=0.335. 393 std dev=2.00. 0.002 5 7 n=6. CV=0.005. 7 3 mean=5.50. 1.00 760 n=3. 7 4 std dev=l.76. 748 mean=753.3. CV=0.320. 752 std dev=6. I l. 0.005 7 n=6. CV=0.008. 8 mean=7.33. 2.00 1416 n=3. 8 6 std dev=0.817. 1426 mean=1414.3. CV=0.111. 1401 std dev=12.6. 0.010 10 9 n=6. CV=0.009. 10 13 mean=l0.3. Table 3-Cd Detection Limit Study 10 std dev=l.37. CV=0.133. [AAS-HGA Analysis] 0.020 20 23 n=6. Peak area 20 22 mean=20.8. readings 20 std dev=l.33. x 103 at Statistical CV=0.064. STD (ng/mL) 228.8 nm analysis 0.050 42 n=6. 42 mean=42.5. Reagent blank 0 n=6. 42 45 std dev= 1.22. 0 I mean=0.167. CV=0.029. 0 std dev=0.41. 0.10 84 n=3. CV=2.45. 80 mean=82.3. 0.1 8 6 n=6. 83 std dev=2.08. 5 7 mean=7.7. CV=0.025. 13 7 std dev=2.8. CV=0.366. 0.2 11 13 n=6. 11 12 mean=l 1.8. 12 std dev=0.75. CV=0.064. Permanent [ 2241 Washington State Register, Issue 93-21 WSR 93-21-075 0.5 28 33 n=6. Table 5-Analytical Method Recovery 26 28 mean=28.8. !Flame AAS Analysis] 28 30 std dev=2.4. Test CV=0.083. level 0.5x I.Ox 2.0x 1.0 52 55 n=6. µg Percent µg Percent µg Percent 56 58 mean=54.8. taken found rec. taken found rec. taken found rec. 54 std dev=2.0. 1.00 1.0715 107.2 2.00 2.0688 103.4 4.00 4.1504 103.8 CV=0.037. 1.00 1.0842 108.4 2.00 2.0174 100.9 4.00 4.1108 102.8 2.0 1.00 1.0842 108.4 101 112 2.00 2.0431 102.2 n=6. 4.00 4.0581 101.5 1.00 *1.0081 *100.8 2.00 2.0431 102.2 4.00 4.0844 102.1 110 110 mean=108.8. 1.00 1.0715 107.2 2.00 2.0174 100.9 4.00 4.1504 103.8 110 110 std dev=3.9. 1.00 1.0842 108.4 2.00 2.0045 100.2 4.00 4.1899 104.7 CV=0.036. n= 5 6 Table 4-Cd Standard Working Range mean= 107.9 101.6 103.1 std dev= 0.657 1.174 1.199 Study CV1= 0.006 O.Ql 1 0.012 [AAS-HGA Analysis] cvl (pooled)= 0.010 Peak area STD (ng/mL) readings x * Rejected as an outlier-this value did not pass 103 at Statistical the outlier T-test at the 99% confidence level. 228.8 nm analysis Test level O. lx 0.2 11 13 n=6. µg Percent 11 12 mean=l 1.8. taken found rec. 12 std dev=0.75. CV=0.064. 0.200 0.2509 125.5 0.5 28 33 n=6. 0.200 0.2509 125.5 26 28 mean=28.8. 0.200 0.2761 138.1 28 30 std dev=2.4. 0.200 0.2258 112.9 CV=0.083. 0.200 0.2258 112.9 1.0 52 55 n=6. 0.200 0.1881 94.1 56 58 mean=54.8. n= 6 54 std dev=2.0. mean= 118.2 CV=0.037. std dev= 15.l 2.0 101 112 n=6. CV1= 0.128 110 110 mean=108.8. Table &-Analytical Method Recovery 110 110 std dev=3.9. [AAS-HGA analysis[ CV=0.036. 5.0 247 265 n=6. Test level 0.5x 268 275 I.Ox mean=265.5. 2.0x ng Percent ng Percent ng Percent 259 279 std dev=l 1.5. taken found rec. taken found rec. taken found rec. CV=0.044. 75 71.23 95.0 150 138.00 92.0 300 258.43 86.1 10.0 495 520 n=6. 75 71.47 95.3 150 138.29 92.2 300 258.46 86.2 75 70.02 93.4 523 513 150 136.30 90.9 mean=5 l 6. 7. 300 280.55 93.5 75 77.34 103.1 150 146.62 97.7 300 288.34 96.1 516 533 std dev=l2.7. 75 78.32 104.4 150 145.17 96.8 300 261.74 87.2 CV=0.025. 75 71.96 95.9 150 144.88 96.6 300 277.22 92.4 20.0 950 953 n=6. n= 6 951 958 mean=94 l .8. mean= 97.9 94.4 90.3 949 890 std dev=25.6. std dev= 4.66 2.98 4.30 CV=0.027. CV 1= 0.048 0.032 0.048 30.0 12691291 n=6. cvl 1303 1307 mean=1293. (pooled)=0.043 12951290 std dev=l3.3. (6) CV=0.010. Instrumental Parameters for Flame AAS Analysis 15051567 Atomic Absorption Spectrophotometer 40.0 n=6. (Perkin-Elmer Model 603) 1535 1567 mean=1552. 15661572 std dev=26.6. Flame: Air/Acetylene-lean, blue CV=0.017. Oxidant Flow: 55 Fuel Flow: 32 Wavelength: 228.8 nm Slit: 4 (0.7 nm) Range: UV [ 225 l Permanent WSR 93-21-075 Washington State Register, Issue 93-21 Signal: Concentration (4 exp) Facilities meeting this definition are not contiguous with, and Integration Time: 3 sec must be geographically remote from all other buildings, Instrumental Parameters for HGA Analysis processes, or persons. (7) Atomic Absorption Spectrophotometer "Process" means any activity involving a highly hazard- (Perkin-Elmer Model 5100) ous chemical including any use, storage, manufacturing, handling, or the on-site movement of such chemicals, or Signal Type: Zeeman AA combination of these activities. For purposes of this Slitwidth: 0.7 nm definition, any group of vessels which are interconnected and Wavelength: 228.8 nm Measurement: Peak Area separate vessels which are located such that a highly Integration Time: 6.0 sec hazardous chemical could be involved in a potential release shall be considered a single process. BOC Time: 5 sec BOC=Background Offset Correction. Zeeman Graphite Furnace "Replacement in kind" means a replacement which satisfies the design specification. (Perkin-Elmer Model HGA-600) "Trade secret" means any confidential formula, pattern, Argon process, device, information, or compilation of information Ramp Hold flow that is used in an employer's business, and that gives the time Temp. (mU Read employer an opportunity to obtain an advantage over Step (sec) (OC) min) (sec) competitors who do not know or use it. ((!.VAC 296 67 293, AppeHEliil D)) Chapter 296-62 WAC, Part C, sets out the 1) Predry 5 10 90 300 criteria to be used in evaluating trade secrets. 2) Dry 30 10 140 300 3) Char 10 20 900 300 AMENDATORY SECTION (Amending Order 92-06, filed 4) Cool Down 1 8 30 300 8/10/92, effective 9110/92) 5) Atomize 0 5 1600 0 -1 6) Burnout WAC 296-67-285 Appendix A-List of highly 1 8 2500 300 hazardous chemicals, toxics and reactives (mandatory). Reviser's note: The brackets and enclosed material in the text of the This appendix contains a listing of toxic and reactive highly above section occurred in the copy filed by the agency and appear in the hazardous chemicals which present a potential for a cata- Register pursuant to the requirements of RCW 34.08.040. strophic event at or above the threshold quantity. AMENDATORY SECTION (Amending Order 92-06, filed CHEMICAL NAME CAS* TQ** 8/10/92, effective 9/10/92) Acetaldehyde 75-07-0 2500 Acrolein (2-Propenal) 107-02-8 150 WAC 296-67-005 Definitions. "Atmospheric tank" Acrylyl Chloride 814-68-6 250 means a storage tank which has been designed to operate at Ally! Chloride 107-05-1 1000 Allylamine pressures from atmospheric through 0.5 p.s.i.g. (pounds per 107-11-9 1000 Alkylaluminums Varies 5000 square inch gauge, 3.45 Kpa). Ammonia, Anhydrous 7664-41-7 10000 "Boiling point" means the boiling point of a liquid at a Ammonia solutions pressure of 14.7 pounds per square inch absolute (p.s.i.a.) (((;/-)) >44% ammonia by weight) 7664-41-7 15000 Ammon~m Perchlorate (760 mm.). For the purposes of this part, where an accurate 7790-98-9 7500 Ammonium Permanganate 7787-36-2 7500 boiling point is unavailable for the material in question, or Arsine (also called Arsenic Hydride) 7784-42-1 100 for mixtures which do not have a constant boiling point, the Bis(Chloromethyl) Ether 542-88-1 100 10 percent point of a distillation performed in accordance Boron Trichloride 10294-34-5 2500 with the Standard Method of Test for Distillation of Petro- Boron Trifluoride 7637-07-2 250 Bromine leum Products, ASTM D-86-62, may be used as the boiling 7726-95-6 1500 Bromine Chloride 13863-41-7 1500 point of the liquid. Bromine Pentafluoride 7789-30-2 2500 "Catastrophic release" means a major uncontrolled Bromine Trifluoride 7787-71-5 15000 emission, fire, or explosion, involving one or more highly 3-Bromopropyne (also called Propargyl Bromide) hazardous chemicals, that presents serious danger to employ- 106-96-7 100 Butyl Hydroperoxide (Tertiary) 75-91-2 ees in the workplace. 5000 Butyl Perbenzoate (Tertiary) 614-45-9 7500 "Facility" means the buildings, containers, or equipment Carbonyl Chloride (see Phosgene) 75-44-5 100 which contain a process. Carbonyl Fluoride 353-50-4 2500 "Highly hazardous chemical" means a substance Cellulose Nitrate (concentration ((;/-)) > 12.6% nitrogen) possessing toxic, reactive, flammable, or explosive properties 9004-70-0 2500 Chlorine - 7782-50-5 1500 and specified by WAC 296-67-001 (2)(a). Chlorine Dioxide 10049-04-4 1000 "Hot work" means work involving electric or gas Chlorine Pentafluoride 13637-63-3 1000 welding, cutting, brazing, or similar flame or spark-produc- Chlorine Trifluoride 7790-91-2 1000 Chlorodiethylaluminum ing operations. (also called Diethylaluminum Chloride) 96-10-6 5000 "Normally unoccupied remote facility" means a facility 1-Chloro-2,4-Dinitrobenzene 97-00-7 5000 which is operated, maintained, or serviced by employees Chloromethyl Methyl Ether 107-30-2 500 who visit the facility only periodically to check its operation Chloropicrin 76-06-2 500 and to perform necessary operating or maintenance tasks. Chloropicrin and Methyl Bromide mixture None 1500 Chloropicrin and Methyl Chloride mixture None No employees are permanently stationed at the facility. 1500 Cumene Hydroperoxide 80-15-9 5000 Permanent [ 226] Washington State Register, Issue 93-21 WSR 93-21-075 Cyanogen 460-19-5 2500 Ozone 10028-15-6 100 Cyanogen Chloride 506-77-4 500 Pentaborane 19624-22-7 100 Cyanuric Fluoride 675-14-9 100 Peracetic Acid (concentration ((f-)) .2:_60% Acetic Diacetyl Peroxide (Concentration ((;/-)) . _70%) 110-22-5 5000 Acid; also called Peroxyacetic Acid) 79-21-0 1000 Diazomethane 334-88-3 500 Perchloric Acid Dibenzoyl Peroxide 94-36-0 7500 concentration ((;/-)) . _60% by weight) 7601-90-3 5000 Diborane 19287-45-7 100 Perchloromethyl Mercaptan 594-42-3 150 Dibutyl Peroxide (Tertiary) 110-05-4 5000 Perchloryl Fluoride 7616-94-6 5000 Dichloro Acetylene 7572-29-4 250 Peroxyacetic Acid (concentration ((;/-)) >60% Dichlorosilane 4109-96-0 2500 Acetic Acid; also called Peracetic Acid) 79-21-0 1000 Diethylzinc 557-20-0 10000 Phosgene (also called Carbonyl Chloride) 75-44-5 100 Diisopropyl Peroxydicarbonate 105-64-6 7500 Phosphine (Hydrogen Phosphide) 7803-51-2 100 Dilaluroyl Peroxide 105-74-8 7500 Phosphorus Oxychloride Dimethyldichlorosilane 75-78-5 1000 (also called Phosphoryl Chloride) 10025-87-3 1000 Dimethylhydrazine, I, 1- 57-14-7 1000 Phosphorus Trichloride 7719-12-2 1000 Dimethylamine, Anhydrous 124-40-3 2500 Phosphoryl Chloride (also called 2,4-Dinitroaniline 97-02-9 5000 Phosphorus Oxychloride) 10025-87-3 1000 Ethyl Methyl Ketone Peroxide Propargyl Bromide 106-96-7 100 (also Methyl Ethyl Ketone Peroxide; Propyl Nitrate 627-3-4 2500 concentration ((;/-)) ~60%) 1338-23-4 5000 Sarin 107-44-8 100 Ethyl Nitrite 109-95-5 5000 Selenium Hexafluoride 7783-79-1 1000 Ethylamine 75-04-7 7500 Stibine (Antimony Hydride) 7803-52-3 500 Ethylene Fluorohydrin 371-62-0 100 Sulfur Dioxide (liquid) 7446-09-5 1000 Ethylene Oxide 75-21-8 5000 Sulfur Pentafluoride 5714-22-7 250 Ethyleneimine 151-56-4 1000 Sulfur Tetrafluoride 7783-60-0 250 Fluorine 7782-41-4 1000 Sulfur Trioxide Formaldehyde (Formalin) 50-00-0 1000 (also called Sulfuric Anhydride) 7446-11-9 1000 Fu ran 110-00-9 500 Sulfuric Anhydride Hexafluoroacetone 684-16-2 5000 (also called Sulfur Trioxide) 7446-11-9 1000 Hydrochloric Acid, Anhydrous 7647-01-0 5000 Tellurium Hexafluoride 7783-80-4 250 Hydrofluoric Acid, Anhydrous 7664-39-3 1000 Tetrafl uoroethylene 116-14-3 5000 Hydrogen Bromide 10035-10-6 5000 Tetrafluorohydrazine 10036-47-2 5000 Hydrogen Chloride 7647-01-0 5000 Tetramethyl Lead 75-74-1 1000 Hydrogen Cyanide, Anhydrous 74-90-8 1000 Thionyl Chloride 7719-09-7 250 Hydrogen Fluoride 7664-39-3 1000 Trichloro (chloromethyl) Silane 1558-25-4 100 Hydrogen Peroxide Trichloro (dichlorophenyl) Silane 27137-85-5 2500 (52% by weight or greater) 7722-84-1 7500 Trichlorosilane 10025-78-2 5000 Hydrogen Selenide 7783-07-5 150 Trifluorochloroethylene 79-38-9 10000 Hydrogen Sulfide 7783-06-4 1500 Trimethyoxysilane 2487-90-3 1500 Hydroxylamine 7803-49-8 2500 Iron, Pentacarbonyl 13463-40-6 250 * Chemical Abstract Service Number. lsopropylamine 75-31-0 5000 ** Threshold Quantity in Pounds (Amount necessary to be covered by Ketene 463-51-4 100 this standard). Methacrylaldehyde 78-85-3 1000 Methacryloyl Chloride 920-46-7 150 Methacryloyloxyethyl Isocyanate 30674-80-7 100 AMENDATORY SECTION (Amending Order 92-06, filed Methyl Acrylonitrile 126-98-7 250 8/10/92, effective 9/10/92) Methylamine, Anhydrous 74-89-5 1000 Methyl Bromide 74-83-9 2500 WAC 296-67-291 Appendix C-Compliance guide- Methyl Chloride 74-87-3 15000 lines and recommendations for process safety manage- Methyl Chloroformate 79-22-1 500 ment (nonmandatory). This appendix serves as a Methyl Ethyl Ketone Peroxide nonmandatory guideline to assist employers and employees (concentration ((;/-)) ~60%) 1338-23-4 5000 Methyl Fluoroacetate 453-18-9 100 in complying with the requirements of this section, as well Methyl Fluorosulfate 421-20-5 100 as provides other helpful recommendations and information. Methyl Hydrazine 60-34-4 100 Examples presented in this appendix are not the only means Methyl Iodide 74-88-4 7500 of achieving the performance goals in the standard. This Methyl Isocyanate 624-83-9 250 Methyl Mercaptan 74-93-1 5000 appendix neither adds nor detracts from the requirements of Methyl Vinyl Ketone 79-84-4 100 the standard. Methyltrichlorosilane 75-79-6 500 (I) Introduction to process safety management. The Nickel Carbonyl (Nickel Tetracarbonyl) 13463-39-3 150 major objective of process safety management of highly Nitric Acid (94.5% by weight or greater) 7697-37-2 500 hazardous chemicals is to prevent unwanted releases of Nitric Oxide 10102-43-9 250 Nitroaniline (para Nitroaniline) 100-01-6 5000 hazardous chemicals especially into locations which could Nitromethane 75-52-5 2500 expose employees and others to serious hazards. An Nitrogen Dioxide 10102-44-0 250 effective process safety management program requires a Nitrogen Oxides (NO; N02; N204; N203) 10102-44-0 250 systematic approach to evaluating the whole process. Using Nitrogen Tetroxide (also called Nitrogen Peroxide) 10544-72-6 250 this approach the process design, process technology, Nitrogen Trifluoride 7783-54-2 5000 operational and maintenance activities and procedures, Nitrogen Trioxide 10544-73-7 250 nonroutine activities and procedures, emergency preparedness Oleum (65% to 80% by weight; plans and procedures, training programs, and other elements also called Fuming Sulfuric Acid) 8014-94-7 1000 which impact the process are all considered in the evalua- Osmium Tetroxide 20816-12-0 100 Oxygen Difluoride (Fluorine Monoxide) 7783-41-7 100 tion. The various lines of defense that have been incorporat- [ 227] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 ed into the design and operation of the process to prevent or program may wish to form a safety and health committee ol mitigate the release of hazardous chemicals need to be employees and management representatives to help the evaluated and strengthened to assure their effectiveness at employer meet the obligations specified by this standard. each level. Process safety management is the proactive These committees can become a significant ally in helping identification, evaluation and mitigation or prevention of the employer to implement and maintain an effective process chemical releases that could occur as a result of failures in safety management program for all employees. process, procedures, or equipment. The process safety (3) Process safety information. Complete and accurate management standard targets highly hazardous chemicals that written information concerning process chemicals, process have the potential to cause a catastrophic incident. This technology, and process equipment is essential to an effec- standard as a whole is to aid employers in their efforts to tive process safety management program and to a process prevent or mitigate episodic chemical releases that could lead hazards analysis. The compiled information will be a to a catastrophe in the workplace and possibly to the necessary resource to a variety of users including the team surrounding community. To control these types of hazards, that will perform the process hazards analysis as required employers need to develop the necessary expertise, experi- under WAC 296-67-017; those developing the training ences, judgment, and proactive initiative within their programs and the operating procedures; contractors whose workforce to properly implement and maintain an effective employees will be working with the process; those conduct- process safety management program as envisioned in the ing the prestartup reviews; .local emergency preparedness WISHA standard. This WISHA standard is required by the planners; and incurrence and enforcement officials. The Clean Air Act amendments as is the Environmental Protec- information to be compiled about the chemicals, including tion Agency's Risk Management Plan. Employers, who process intermediates, needs to be comprehensive enough fm merge the two sets of requirements into their process safety an accurate assessment of the fire and explosion characteris· management program, will better assure full compliance with tics, reactivity hazards, the safety and health hazards tc each as well as enhancing their relationship with the local workers, and the corrosion and erosion effects on the process community. While WISHA believes process safety manage- equipment and monitoring tools. Current material safety ment will have a positive effect on the safety of employees data sheet (MSDS) information can be used to help meet this in workplaces and also offers other potential benefits to requirement which must be supplemented with process employers (increased productivity), smaller businesses which chemistry information including runaway reaction and ove1 may have limited resources available to them at this time, pressure hazards if applicable. Process technology informa- might consider alternative avenues of decreasing the risks tion will be a part of the process safety information package associated with highly hazardous chemicals at their and it is expected that it will include diagrams of the type workplaces. One method which might be considered is the shown in WAC 296-67-289, Appendix B of this part as well reduction in the inventory of the highly hazardous chemical. as employer established criteria for maximum inventory This reduction in inventory will result in a reduction of the levels for process chemicals; limits beyond which would be risk or potential for a catastrophic incident. Also, employers considered upset conditions; and a qualitative estimate of the including small employers may be able to establish more consequences or results of deviation that could occur iJ efficient inventory control by reducing the quantities of operating beyond the established process limits. Employen highly hazardous chemicals on site below the established are encouraged to use diagrams which will help usen threshold quantities. This reduction can be accomplished by understand the process. A block flow diagram is used tc ordering smaller shipments and maintaining the minimum show the major process equipment and interconnecting inventory necessary for efficient and safe operation. When process flow lines and show flow rates, stream composition. reduced inventory is not feasible, then the employer might temperatures, and pressures when necessary for clarity. The consider dispersing inventory to several locations on site. block flow diagram is a simplified diagram. Process floVI Dispersing storage into locations where a release in one diagrams are more complex and will show all main floVI location will not cause a release in another location is a streams including valves to enhance the understanding of the practical method to also reduce the risk or potential for process, as well as pressures and temperatures on all feec catastrophic incidents. and product lines within all major vessels, in and out oJ (2) Employee involvement in process safety manage- headers and heat exchangers, and points of pressure and ment. Section 304 of the Clean Air Act amendments states temperature control. Also, materials of construction informa· that employers are to consult with their employees and their tion, pump capacities and pressure heads, compresso1 representatives regarding the employers efforts in the horsepower and vessel design pressures and temperatures are development and implementation of the process safety shown when necessary for clarity. In addition, majo1 management program elements and hazard assessments. components of control loops are usually shown along wilt Section 304 also requires employers to train and educate key utilities on process flow diagrams. Piping and instru· their employees and to inform affected employees of the ment diagrams (P&IDs) may be the more appropriate type findings from incident investigations required by the process of diagrams to show some of the above details and tc safety management program. Many employers, under their display the information for the piping designer and engineer· safety and health programs. have already established means ing staff. The ((Pe9s)) P&Ids are to be used to describe the and methods to keep employees and their representatives relationships between equipment and instrumentation as wel informed about relevant safety and health issues and employ- as other relevant information that will enhance clarity ers may be able to adapt these practices and procedures to Computer software programs which do ((Pe$)) P&Ids 01 meet their obligations under this standard. Employers who other diagrams useful to the information package, may be have not implemented an occupational safety and health used to help meet this requirement. The informatior Permanent [ 228 I Washington State Register, Issue 93-21 WSR 93-21-075 pertaining to process equipment design must be documented. the team and reviewer and kept for a future PHA. The team In other words, what were the codes and standards relied on conducting the PHA need to understand the methodology to establish good engineering practice. These codes and that is going to be used. A PHA team can vary in size from standards are published by such organizations as the Ameri- two people to a number of people with varied operational can Society of Mechanical Engineers, American Petroleum and technical backgrounds. Some team members may only Institute, American National Standards Institute, National be a part of the team for a limited time. The team leader Fire Protection Association, American Society for Testing needs to be fully knowledgeable in the proper implementa- and Materials, National Board of Boiler and Pressure Vessel tion of the PHA methodology that is to be used and should Inspectors, National Association of Corrosion Engineers, be impartial in the evaluation. The other full or part time American Society of Exchange Manufacturers Association, team members need to provide the team with expertise in and model building code groups. In addition, various areas such as process technology, process design, operating engineering societies issue technical reports which impact procedures and practices, including how the work is actually process design. For example, the American Institute of performed, alarms, emergency procedures, instrumentation, Chemical Engineers has published technical reports on topics maintenance procedures, both routine and nonroutine tasks, such as two phase flow for venting devices. This type of including how the tasks are authorized, procurement of parts technically recognized report would constitute good engi- and supplies, safety and health, and any other relevant neering practice. For existing equipment designed and subject as the need dictates. At least one team member must constructed many years ago in accordance with the codes be familiar with the process. The ideal team will have an and standards available at that time and no longer in general intimate knowledge of the standards, codes, specifications use today, the employer must document which codes and and regulations applicable to the process being studied. The standards were used and that the design and construction selected team members need to be compatible and the team along with the testing, inspection and operation are still leader needs to be able to manage the team, and the PHA suitable for the intended use. Where the process technology study. The team needs to be able to work together while requires a design which departs from the applicable codes benefiting from the expertise of others on the team or and standards, the employer must document that the design outside the team, to resolve issues, and to forge a consensus and construction is suitable for the intended purpose. on the findings of the study and recommendations. The (4) Process hazard analysis. A process hazard analysis application of a PHA to a process may involve the use of (PHA), sometimes called a process hazard evaluation, is one different methodologies for various parts of the process. For of the most important elements of the process safety man- example, a process involving a series of unit operations of agement program. A PHA is an organized and systematic varying sizes, complexities, and ages may use different effort to identify and analyze the significance of potential methodologies and team members for each operation. Then hazards associated with the processing or handling of highly the conclusions can be integrated into one final study and hazardous chemicals. A PHA provides information which evaluation. A more specific example is the use of a check- will assist employers and employees in making decisions for list PHA for a standard boiler or heat exchanger and the use improving safety and reducing the consequences of unwanted of a hazard and operability PHA for the overall process. or unplanned releases of hazardous chemicals. A PHA is Also, for batch type processes like custom batch operations, directed toward analyzing potential causes and consequences a generic PHA of a representative batch may be used where of fires, explosions, releases of toxic or flammable chemicals there are only small changes of monomer or other ingredient and major spills of hazardous chemicals. The PHA focuses ratios and the chemistry is documented for the full range and on equipment, instrumentation, utilities, human actions ratio of batch ingredients. Another process that might (routine and nonroutine), and external factors that might consider using a generic type of PHA is a gas plant. Often impact the process. These considerations assist in determin- these plants are simply moved from site to site and therefore, ing the hazards and potential failure points or failure modes a generic PHA may be used for these movable plants. Also, in a process. The selection of a PHA methodology or when an employer has several similar size gas plants and no technique will be influenced by many factors including the sour gas is being processed at the site, then a generic PHA amount of existing knowledge about the process. Is it a is fea5ible as long as the variations of the individual sites are process that has been operated for a long period of time with accounted for in the PHA. Finally, when an employer has little or no innovation and extensive experience has been a large continuous process which has several control rooms generated with its use? Or, is it a new process or one which for different portions of the process such as for a distillation has been changed frequently by the inclusion of innovative tower and a blending operation, the employer may wish to features? Also, the size and complexity of the process will do each segment separately and then integrate the final influence the decision as to the appropriate PHA methodolo- results. Additionally, small businesses which are covered by gy to use. All PHA methodologies are subject to certain this rule, will often have processes that have less storage limitations. For example, the checklist methodology works volume, less capacity, and less complicated than processes well when the process is very stable and no changes are at a large facility. Therefore, WISHA would anticipate that made, but it is not as effective when the process has under- the less complex methodologies would be used to meet the gone extensive change. The checklist may miss the most process hazard analysis criteria in the standard. These recent changes and consequently the changes would not be process hazard analyses can be done in less time and with a evaluated. Another limitation to be considered concerns the few people being involved. A less complex process general- assumptions made by the team or analyst. The PHA is ly means that less data, ((Pf)s)) P&Ids, and process informa- dependent on good judgment and the assumptions made tion is needed to perform a process hazard analysis. Many during the study need to be documented and understood by small businesses have processes that are not unique, such as [ 229 ] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 cold storage Jockers or water treatment facilities. Where operating temperature parameters are achieved. Computer- employer associations have a number of members with such ized process control systems add complexity to operating facilities, a generic PHA, evolved from a checklist or what-if instructions. These operating instructions need to describe questions, could be developed and used by each employer the logic of the software as well as the relationship between effectively to reflect his/her particular process; this would the equipment and the control system; otherwise, it may not simplify compliance for them. When the employer has a be apparent to the operator. Operating procedures and number of processes which require a PHA, the employer instructions are important for training operating personnel. must set up a priority system of which PHAs to conduct The operating procedures are often viewed as the standard first. A preliminary or gross hazard analysis may be useful operating practices (SOPs) for operations. Control room in prioritizing the processes that the employer has deter- personnel and operating staff, in general, need to have a full mined are subject to coverage by the process safety manage- understanding of operating procedures. If workers are not ment standard. Consideration should first be given to those fluent in English then procedures and instructions need to be processes with the potential of adversely affecting the largest prepared in a second language understood by the workers. number of employees. This prioritizing should consider the In addition, operating procedures need to be changed when potential severity of a chemical release, the number of there is a change in the process as a result of the manage- potentially affected employees, the operating history of the ment of change procedures. The consequences of operating process such as the frequency of chemical releases, the age procedure changes need to be fully evaluated and the of the process and any other relevant factors. These factors information conveyed to the personnel. For example, would suggest a ranking order and would suggest either mechanical changes to the process made by the maintenance using a weighing factor system or a systematic ranking department (like changing a valve from steel to brass or method. The use of a preliminary hazard analysis would other subtle changes) need to be evaluated to determine if assist an employer in determining which process should be operating procedures and practices also need to be changed. of the highest priority and thereby the employer would All management of change actions must be coordinated and obtain the greatest improvement in safety at the facility. integrated with current operating procedures and operating Detailed guidance on the content and application of process personnel must be oriented to the changes in procedures hazard analysis methodologies is available from the Ameri- before the change is made. When the process is shut down can Institute of Chemical Engineers' Center for Chemical in order to make a change, then the operating procedures Process Safety (see WAC 296-67-293, Appendix D). must be updated before startup of the process. Training in (5) Operating procedures and practices. Operating how to handle upset conditions must be accomplished as procedures describe tasks to be performed, data to be well as what operating personnel are to do in emergencies recorded, operating conditions to be maintained, samples to such as when a pump seal fails or a pipeline ruptures. be collected, and safety and health precautions to be taken. Communication between operating personnel and workers The procedures need to be technically accurate, understand- performing work within the process area, such as nonroutine able to employees, and revised periodically to ensure that tasks, also must be maintained. The hazards of the tasks are they reflect current operations. The process safety informa- to be conveyed to operating personnel in accordance with tion package is to be used as a resource to better assure that established procedures and to those performing the actual the operating procedures and practices are consistent with the tasks. When the work is completed, operating personnel known hazards of the chemicals in the process and that the should be informed to provide closure on the job. operating parameters are accurate. Operating procedures (6) Employee training. All employees, including should be reviewed by engineering staff and operating maintenance and contractor employees, involved with highly personnel to ensure that they are accurate and provide hazardous chemicals need to fully understand the safety and practical instructions on how to actually carry out job duties health hazards of the chemicals and processes they work safely. Operating procedures will include specific instruc- with for the protection of themselves, their fellow employees tions or details on what steps are to be taken or followed in and the citizens of nearby communities. Training conducted carrying out the stated procedures. These operating instruc- in compliance with WAC 296-62-054, the hazard communi- tions for each procedure should include the applicable safety cation standard, will help employees to be more knowledge- precautions and should contain appropriate information on able about the chemicals they work with as well as familiar- safety implications. For example, the operating procedures ize them with reading and understanding MSDS. However, addressing operati.ng parameters will contain ·operating additional training in subjects such as operating procedures instructions about pressure limits, temperature ranges, flow and safety work practices, emergency evacuation and rates, what to do when an upset condition occurs, what response, safety procedures, routine and nonroutine work alarms and instruments are pertinent if an upset condition authorization activities, and other areas pertinent to process occurs, and other subjects. Another example of using safety and health will need to be covered by an employer's operating instructions to properly implement operating training program. In establishing their training programs, procedures is in starting up or shutting down the process. In employers must clearly define the employees to be trained these cases, different parameters will be required from those and what subjects are to be covered in their training. of n.ormal operation. These operating instructions need to Employers in setting up their training program will need to clearly indicate the distinctions between startup and normal clearly establish the goals and objectives they wish to operations such as the appropriate allowances for heating up achieve with the training that they provide to their employ- a unit to reach the normal operating parameters. Also the ees. The learning goals or objectives should be written in operating instructions need to describe the proper method for clear measurable terms before the training begins. These increasing the temperature of the unit until the normal goals and objectives need to be tailored to each of the Permanent [ 230] Washington State Register, Issue 93-21 WSR 93-21-075 specific training modules or segments. Employers should welders). Contractor work methods and experiences should describe the important actions and conditions under which be evaluated. For example, does the contractor conducting the employee will demonstrate competence or knowledge as demolition work swing loads over operating processes or well as what is acceptable performance. Hands-on-training does the contractor avoid such hazards? Maintaining a site where employees are able to use their senses beyond injury and illness log for contractors is another method listening, will enhance learning. For example, operating employers must use to track and maintain current knowledge personnel, who will work in a control room or at control of work activities involving contract employees working on panels, would benefit by being trained at a simulated control or adjacent to covered processes. Injury and illness logs of panel or panels. Upset conditions of various types could be both the employer's employees and contract employees allow displayed on the simulator, and then the employee could go an employer to have full knowledge of process injury and through the proper operating procedures to bring the simula- illness experience. This log will also contain information tor panel back to the normal operating parameters. A which will be of use to those auditing process safety training environment could be created to help the trainee feel management compliance and those involved in incident the full reality of the situation but, of course, under con- investigations. Contract employees must perform their work trolled conditions. This realistic type of training can be very safely. Considering that contractors often perform very effective in teaching employees correct procedures while specialized and potentially hazardous tasks such as confined allowing them to also see the consequences of what might space entry activities and nonroutine repair activities it is happen if they do not follow established operating proce- quite important that their activities be controlled while they dures. Other training techniques using videos or on-the-job are working on or near a covered process. A permit system training can also be very effective for teaching other job or work authorization system for these activities would also tasks, duties, or other important information. An effective be helpful to all affected employers. The use of a work training program will allow the employee to fully participate authorization system keeps an employer informed of contract in the training process and to practice their skill or know)- employee activities, and as a benefit the employer will have edge. Em.ployers need to periodically evaluate their training better coordination and more management control over the programs to see if the necessary skills, knowledge, and work being performed in the process area. A well run and routines are being properly understood and implemented by well maintained process where employee safety is fully their trained employees. The means or methods for evaluat- recognized will benefit all of those who work in the facility ing the training should be developed along with the training whether they be contract employees or employees of the program goals and objectives. Training program evaluation owner. will help employers to determine the amount of training their (8) Prestartup safety. For new processes, the employer employees understood, and whether the desired results were will find a PHA helpful in improving the design and obtained. If, after the evaluation, it appears that the trained construction of the process from a reliability and quality employees are not at the level of knowledge and skill that point of view. The safe operation of the new process will be was expected, the employer will need to revise the training enhanced by making use of the PHA recommendations program, provide retraining, or provide more frequent before final installations are completed. ((Pel}s.)) P&Ids are refresher training sessions until the deficiency is resolved. to be completed along with having the operating procedures Those who conducted the training and those who received in place and the operating staff trained to run the process the training should also be consulted as to how best to before startup. The initial startup procedures and normal improve the training process. If there is a language barrier, operating procedures need to be fully evaluated as part of the the language known to the trainees should be used to prestartup review to assure a safe transfer into the normal reinforce the training messages and information. Careful operating mode for meeting the process parameters. For consideration must be given to assure that employees existing processes that have been shutdown for turnaround, including maintenance and contract employees receive or modification, etc., the employer must assure that any current and updated training. For example, if changes are changes other than "replacement in kind" made to the made to a process, impacted employees must be trained in process during shutdown go through the management of the changes and understand the effects of the changes on change procedures. ((Pel}s.)} P&lds will need to be updated their job tasks (e.g., any new operating procedures pertinent as necessary, as well as operating procedures and instruc- to their tasks). Additionally, as already discussed the tions. If the changes made to the process during shutdown evaluation of the employee's absorption of training will are significant and impact the training program, then certainly influence the need for training. operating personnel as well as employees engaged in routine (7) Contractors. Employers who use contractors to and nonroutine work in the process area may need some perform work in and around processes that involve highly refresher or additional training in light of the changes. Any hazardous chemicals, will need to establish a screening incident investigation recommendations, compliance audits process so that they hire and use contractors who accomplish or PHA recommendations need to be reviewed as well to see the desired job tasks without compromising the safety and what impacts they may have on the process before beginning health of employees at a facility. For contractors, whose the startup. safety performance on the job is not known to the hiring (9) Mechanical integrity. Employers will need to review employer, the employer will need to obtain information on their maintenance programs and schedules to see if there are injury and illness rates and experience and should obtain areas where "breakdown" maintenance is used rather than an contractor references. Additionally, the employer must ongoing mechanical integrity program. Equipment used to assure that the contractor has the appropriate job skills, process, store, or handle highly hazardous chemicals needs knowledge and certifications (such as for pressure vessel to be designed, constructed, installed, and maintained to [ 231 ] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 minimize the risk of releases of such chemicals. This bottom and head; metallic linings; nonmetallic linings; requires that a mechanical integrity program be in place to thickness measurements for vessels and piping; inspection assure the continued integrity of process equipment. for erosion, corrosion, cracking and bulges; internal equip- Elements of a mechanical integrity program include the ment like trays, baffles, sensors, and screens for erosion, identification and categorization of equipment and instrumen- corrosion or cracking and other deficiencies. Some of these tation, inspections and tests, testing and inspection frequen- inspections may be performed by state or local government cies, development of maintenance procedures, training of inspectors under state and local statutes. However, each maintenance personnel, the establishment of criteria for employer needs to develop procedures to ensure that tests acceptable test results, documentation of test and inspection and inspections are conducted properly and that consistency results, and documentation of manufacturer recommendations is maintained even where different employees may be as to meantime to failure for equipment and instrumentation. involved. Appropriate training is to be provided to mainte- The first line of defense an employer has available is to nance personnel to ensure that they understand the preven- operate and maintain the process as designed, and to keep tive maintenance program procedures, safe practices, and the the chemicals contained. This line of defense is backed up proper use and application of special equipment or unique by the next line of defense which is the controlled release of tools that may be required. This training is part of the chemicals through venting to scrubbers or flares, or to surge overall training program called for in the standard. A or overflow tanks which are designed to receive such quality assurance system is needed to help ensure that the chemicals, etc. These lines of defense are the primary lines proper materials of construction are used, that fabrication of defense or means to prevent unwanted releases. The and inspection procedures are proper, and that installation secondary lines of defense would include fixed fire protec- procedures recognize field installation concerns. The quality tion systems like sprinklers, water spray, or deluge systems, assurance program is an essential part of the mechanical monitor guns, etc., dikes, designed drainage systems, and integrity program and will help to maintain the primary and other systems which would control or mitigate hazardous secondary lines of defense that have been designed into the chemicals once an unwanted release occurs. These primary process to prevent unwanted chemical releases or those and secondary lines of defense are what the mechanical which control or mitigate a release. "As built" drawings, integrity program needs to protect and strengthen these together with certifications of coded vessels and other primary and secondary lines of defenses where appropriate. equipment, and materials of construction need to be verified The first step of an effective mechanical integrity program and retained in the quality assurance documentation. is to compile and categorize a list of process equipment and Equipment installation jobs need to be properly inspected in instrumentation for inclusion in the program. This list would the field for use of proper materials and procedures and to include pressure vessels, storage tanks, process piping, relief assure that qualified craftsmen are used to do the job. The and vent systems, fire protection system components, use of appropriate gaskets, packing, bolts, valves, lubricants, emergency shutdown systems, and alarms and interlocks and and welding rods need to be verified in the field. Also pumps. For the categorization of instrumentation and the procedures for installation of safety devices need to be listed equipment the employer would prioritize which pieces verified, such as the torque on the bolts on ruptured disc of equipment require closer scrutiny than others. Meantime installations, uniform torque on flange bolts, proper installa- to failure of various instrumentation and equipment parts tion of pump seals, etc. If the quality of parts is a problem, would be known from the manufacturer's data or the it may be appropriate to conduct audits of the equipment employer's experience with the parts, which would then supplier's facilities to better assure proper purchases of influence the inspection and testing frequency and associated required equipment which is suitable for its intended service. procedures. Also, applicable codes and standards such as the Any changes in equipment that may become necessary will National Board Inspection Code, or those from the American need to go through the management of change procedures. Society for Testing and Material, American Petroleum (IO) Nonroutine work authorizations. Nonroutine work Institute, National Fire Protection Association, American which is conducted in process areas needs to be controlled National Standards Institute, American Society of Mechani- by the employer in a consistent manner. The hazards cal Engineers, and other groups, provide information to help identified involving the work that is to be accomplished must establish an effective testing and inspection frequency, as be communicated to those doing the work, but also to those well as appropriate methodologies. The applicable codes and operating personnel whose work could affect the safety of standards provide c.riteria for external inspections for such the process. A work authorization notice or permit must items as foundation and supports, anchor bolts, concrete or have a procedure that describes the steps the maintenance steel supports, guy wires, nozzles and sprinklers, pipe supervisor, contractor representative or other person needs to hangers, grounding connections, protective coatings and follow to obtain the necessary clearance to get the job insulation, and external metal surfaces of piping and vessels, started. The work authorization procedures need to reference etc. These codes and standards also provide information on and coordinate, as applicable, lockout/tagout procedures, line methodologies for internal inspection, and a frequency breaking procedures, confined space entry procedures and formula based on the corrosion rate of the materials of hot work authorizations. This procedure also needs to construction. Also, erosion both internal and external needs provide clear steps to follow once the job is completed in to be considered along with corrosion effects for piping and order to provide closure for those that need to know the job valves. Where the corrosion rate is not known, a maximum is now completed and equipment can be returned to normal. inspection frequency is recommended, and methods of (11) Managing change. To properly manage changes to developing the corrosion rate are available in the codes. process chemicals, technology, equipment and facilities, one Internal inspections need to cover items such as vessel shell, must define what is meant by change. In this process safety Permanent [ 232 ] Washington State Register, Issue 93-21 WSR 93-21-075 management standard, change includes all modifications to ( 12) Investigation of incidents. Incident investigation is equipment, procedures, raw materials and processing the process of identifying the underlying causes of incidents conditions other than "replacement in kind." These changes and implementing steps to prevent similar events from need to be properly managed by identifying and reviewing occurring. The intent of an incident investigation is for them prior to implementation of the change. For example, employers to learn from past experiences and thus avoid the operating procedures contain the operating parameters repeating past mistakes. The incidents for which WISHA (pressure limits, temperature ranges, flow rates, etc.) and the expects employers to become aware and to investigate are importance of operating within these limits. While the the types of events which result in or could reasonably have operator must have the flexibility to maintain safe operation resulted in a catastrophic release. Some of the events are within the established parameters, any operation outside of sometimes referred to as "near misses," meaning that a these parameters requires review and approval by a written serious consequence did not occur, but could have. Employ- management of change procedure. Management of change ers need to develop in-house capability to investigate covers such as changes in process technology and changes incidents that occur in their facilities. A team needs to be to equipment and instrumentation. Changes in process assembled by the employer and trained in the techniques of technology can result from changes in production rates, raw investigation including how to conduct interviews of witness- materials, experimentation, equipment unavailability, new es, needed documentation and report writing. A equipment, new product development, change in catalyst and multidisciplinary team is better able to gather the facts of the changes in operating conditions to improve yield or quality. event and to analyze them and develop plausible scenarios Equipment changes include among others change in materi- as to what happened, and why. Team members should be als of construction, equipment specifications, piping selected on the basis of their training, knowledge and ability prearrangements, experimental equipment, computer program to contribute to a team effort to fully investigate the incident. revisions and changes in alarms and interlocks. Employers Employees in the process area where the incident occurred need to establish means and methods to detect both technical should be consulted, interviewed, or made a member of the changes and mechanical changes. Temporary changes have team. Their knowledge of the events form a significant set caused a number of catastrophes over the years, and employ- of facts about the incident which occurred. The report, its ers need to establish ways to detect temporary changes as findings and recommendations are to be shared with those well as those that are permanent. It is important that a time who can benefit from the information. The cooperation of limit for temporary changes be established and monitored employees is essential to an effective incident investigation. since, without control, these changes may tend to become The focus of the investigation should be to obtain facts, and permanent. Temporary changes are subject to the manage- not to place blame. The team and the investigation process ment of change provisions. In addition, the management of should clearly deal with all involved individuals in a fair, change procedures are used to insure that the equipment and open, and consistent manner. procedures are returned to their original or designed condi- (13) Emergency preparedness. Each employer must tions at the end of the temporary change. Proper documen- address what actions employees are to take when there is an tation and review of these changes is invaluable in assuring unwanted release of highly hazardous chemicals. Emergency that the safety and health considerations are being incorpo- preparedness or the employer's tertiary (third) lines of rated into the operating procedures and the process. Em- defense are those that will be relied on along with the ployers may wish to develop a form or clearance sheet to secondary lines of defense when the primary lines of defense facilitate the processing of changes through the management which are used to prevent an unwanted release fail to stop of change procedures. A typical change form may include the release. Employers will need to decide if they want a description and the purpose of the change, the technical employees to handle and stop small or minor incidental basis for the change; safety and health considerations, releases. Whether they wish to mobilize the available documentation of changes for the operating procedures, resources at the plant and have them brought to bear on a maintenance procedures, inspection and testing, ((PeBs-)) more significant release. Or whether employers want their P&Ids, electrical classification, training and communications, employees to evacuate the danger area and promptly escape prestartup inspection, duration if a temporary change, to a preplanned safe zone area, and allow the local commu- approvals and authorization. Where the impact of the nity emergency response organizations to handle the release. change is minor and well understood, a check list reviewed Or whether the employer wants to use some combination of by an authorized person with proper communication to these actions. Employers will need to select how many others who are affected may be sufficient. However, for a different emergency preparedness or tertiary lines of defense more complex or significant design change, a hazard they plan to have and then develop the necessary plans and evaluation procedure with approvals by operations, mainte- procedures, and appropriately train employees in their nance, and safety departments may be appropriate. Changes emergency duties and responsibilities and then implement in documents such as ((~)) P&Ids, raw materials, these lines of defense. Employers at a minimum must have operating procedures, mechanical integrity programs, an emergency action plan which will facilitate the prompt electrical classifications, etc., need to be noted so that these evacuation of employees due to an unwanted release of a revisions can be made permanent when the drawings and highly hazardous chemical. This means that the employer procedure manuals are updated. Copies of process changes will have a plan that will be activated by an alarm system to need to be kept in an accessible location to ensure that alert employees when to evacuate and, that employees who design changes are available to operating personnel as well are physically impaired, will have the necessary support and as to PHA team members when a PHA is being done or one assistance to get them to the safe zone as well. The intent is being updated. of these requirements is to alert and move employees to a [ 233] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 safe zone quickly. Delaying alarms or confusing alarms are Protection Agency's risk management plan criteria. On1 to be avoided. The use of process control centers or similar effective way for medium to large facilities to enhanc1 process buildings in the process area as safe areas is discour- coordination and communication during emergencies for 01 aged. Recent catastrophes have shown that a large life Joss plant operations and with local community organizations i has occurred in these structures because of where they have for employers to establish and equip an emergency contrc been sited and because they are not necessarily designed to center. The emergency control center would be sited in withstand over-pressures from shockwaves resulting from safe zone area so that it could be occupied throughout th explosions in the process area. Unwanted incidental releases duration of an emergency. The center would serve as th of highly hazardous chemicals in the process area must be major communication link between the on-scene inciden addressed by the employer as to what actions employees are commander and plant or corporate management as well a to take. If the employer wants employees to evacuate the with the local community officials. The communicatio area, then the emergency action plan will be activated. For equipment in the emergency control center should include outdoor processes where wind direction is important for network to receive and transmit information by telephon~ selecting the safe route to a refuge area, the employer should radio, or other means. It is important to have a backu1 place a wind direction indicator such as a wind sock or communication network in case of power failure or on pennant at the highest point that can be seen throughout the communication means fails. The center should also b process area. Employees can move in the direction of cross equipped with the plant layout and community maps, utilit. wind to upwind to gain safe access to the refuge area by drawings including fire water, emergency lighting, appropri knowing the wind direction. If the employer wants specific ate reference materials such as a government agency notifi employees in the release area to control or stop the minor cation list, company personnel phone list, SARA Title II emergency or incidental release, these actions must be reports and material safety data sheets, emergency plans an' planned for in advance and procedures developed and procedures manual, a listing with the location of emergenc implemented. Preplanning for handling incidental releases response equipment, mutual aid information, and access t' for minor emergencies in the process area needs to be done, meteorological or weather condition data and any dispersio appropriate equipment for the hazards must be provided, and modeling data. training conducted for those employees who will perform the (14) Compliance audits. Employers need to select emergency work before they respond to handle an actual trained individual or assemble a trained team of people t release. The employer's training program, including the audit the process safety management system and prograrr hazard communication standard training is to address the A small process or plant may need only one knowledgeabl training needs for employees who are expected to handle person to conduct an audit. The audit is to include a incidental or minor releases. Preplanning for releases that evaluation of the design and effectiveness of the proces are more serious than incidental releases is another important safety management system and a field inspection of th line of defense to be used by the employer. When a serious safety and health conditions and practices to verify that th release of a highly hazardous chemical occurs, the employer employer's systems are effectively implemented. The aud through preplanning will have determined in advance what should be conducted or led by a person knowledgeable i actions employees are to take. The evacuation of the audit techniques and who is impartial towards the facility c immediate release area and other areas as necessary would area being audited. The essential elements of an aud be accomplished under the emergency action plan. If the program include planning, staffing, conducting the audi employer wishes to use plant personnel such as a fire evaluation and corrective action, follow-up and document< brigade, spill control team, a hazardous materials team, or tion. Planning in advance is essential to the success of th use employees to render aid to those in the immediate auditing process. Each employer needs to establish th release area and control or mitigate the inc'ident, these format, staffing, scheduling, and verification methods pric actions are covered by WAC 296-62-300, the hazardous to conducting the audit. The format should be designed t waste operations and emergency response (HAZWOPER) provide the lead auditor with a procedure or checklist whic standard. If outside assistance is necessary, such as through details the requirements of each section of the standard. n mutual aid agreements between employers or local govern- names of the audit team members should be listed as part c ment emergency response organizations, these emergency the format as well. The checklist, if properly designe< responders are also covered by HAZWOPER. The safety could serve as the verification sheet which provides th and health protections required for emergency responders are auditor with the necessary information to expedite the revie' the responsibility of their employers and of the on-scene and assure that no requirements of the standard are omitte1 incident commander. Responders may be working under This verification sheet format could also identify thos very hazardous conditions and therefore the objective is to elements that will require evaluation or a response to corre1 have them competently Jed by an on-scene incident com- deficiencies. This sheet could also be used for developin mander and the commander's staff, properly equipped to do the follow-up and documentation requirements. The sele1 their assigned work safely, and fully trained to carry out tion of effective audit team members is critical to the succe~ their duties safely before they respond to an emergency. of the program. Team members should be chosen for the Drills, training exercises, or simulations with the local experience, knowledge, and training and should be famili: community emergency response planners and responder with the processes and with auditing techniques, practice organizations is one means to obtain better preparedness. and procedures. The size of the team will vary dependir This close cooperation and coordination between plant and on the size and complexity of the process under conside local community emergency preparedness managers will also ation. For a large, complex, highly instrumented plant, aid the employer in complying with the Environmental may be desirable to have team members with expertise Permanent [ 234] Washington State Register, Issue 93-21 WSR 93-21-075 process engineering and design, process chemistry, instru- corrective action process, the employer should consider the mentation and computer controls, electrical hazards and ~se of a tr_ac~ing system. This tracking system might classifications, safety and health disciplines, maintenance, include penod1c status reports shared with affected levels of emergency preparedness, warehousing or shipping, and ma~agen:ient, specific reports such as completion of an process safety auditing. The team may use part-time eng1?eering study, and a final implementation report to members to provide for the depth of expertise required as provide closure for audit findings that have been through well as for what is actually done or followed, compared to management of change, if appropriate, and then shared with what is written. An effective audit includes a review of the affected em~loyees and management. This type of tracking relevant documentation and process safety information system provides the employer with the status of the correc- inspection of the physical facilities, and interviews with ali tive_ action. It also provides the documentation required to levels of plant personnel. Utilizing the audit procedure and venfy that appropriate corrective actions were taken on checklist developed in the preplanning stage, the audit team deficiencies identified in the audit. can systematically analyze compliance with the provisions of the standard and any other corporate policies that are AMENDATORY SECTION (Amending Order 93-01, filed relevant. For example, the audit team will review all aspects 3/13/93, effective 4/27/93) of the training program as part of the overall audit. The team will review the written training program for adequacy WAC 296-155-174 Cadmium. (I) Scope. This of content, frequency of training, effectiveness of training in standard applies to all occupational exposures to cadmium terms of its goals and objectives as well as to how it fits into and cadmium compounds, in all forms, in all construction meeting the standard's requirements, documentation, etc. work_ where an employee may potentially be exposed to Through interviews, the team can determine the employee's cadmmm .. Constructi_on work is defined as work involving knowledge and awareness of the safety procedures, duties, construction, alteration, and/or repair, including but not rules, emergency response assignments, etc. During the limited to the following: inspection, the team can observe actual practices such as (a) Wrecking, demolition, or salvage of structures where safety and health policies, procedures, and work authoriza- cadmium or materials containing cadmium are present; tion practices. This approach enables the team to identify _(b) Use _of ca~mium containing-paints and cutting, deficiencies and determine where corrective actions or brazing, burning, gnnding, or welding on surfaces that were improvements are necessary. An audit is a technique used painted with cadmium-containing paints; to gather sufficient facts and information, including statistical (c) Construction, alteration, repair, maintenance, or information, to verify compliance with standards. Auditors renov_ation of structures, substrates, or portions thereof, that should select as part of their preplanning a sample size contam cadmium, or materials containing cadmium; sufficient to give a degree of confidence that the audit (d) Cadmium welding; cutting and welding cadmium- reflects the level of compliance with the standard. The audit plated steel; brazing or welding with cadmium alloys; team, through this systematic analysis, should document (e) Installation of products containing cadmium; areas which require corrective action as well as those areas <!) Electrical grounding with cadmium-welding, or where the process safety management system is effective and electncal work using cadmium-coated conduit; working in an effective manner. This provides a record of (g) Maintaining or retrofitting cadmium-coated equip- ment; · the audit procedures and findings, and serves as a baseline of operation data for future audits. It will assist future (h) Cadmium contamination/emergency cleanup; and aud~tors in determining changes or trends from previous (i) Transportation, disposal, storage, or containment of audits. Corrective action is one of the most important parts cadmium or materials containing cadmium on the site o~ of the audit. It includes not only addressing the identified location at which construction activities are performed. deficiencies, but also planning, followup, and documentation. (2) Definitions. The corrective action process normally begins with a (a) Action level (AL) is defined as an airborne concen- management review of the audit findings. The purpose of tration of cadmium of 2.5 micrograms per cubic meter of air this review is to determine what actions are appropriate, and (2.5 µg/m3), calculated as an 8-hour time-weighted average (TWA). to establish priorities, timetables, resource allocations and requirements and responsibilities. In some cases, corre,ctive (b) Authorized person means any person authorized by action may involve a simple change in procedure or minor the employer and required by work duties to be present in maintenance effort to remedy the concern. Management of regulated areas or any person authorized by WISHA or change procedures need to be used, as appropriate, even for regulations issued under it to be in regulated areas. what may seem to be a minor change. Many of the defi- (c) Competent person, in accordance with WAC 296- ciencies can be acted on promptly, while some may require 155-012(4), means a person designated by the employer to engineering studies or indepth review of actual procedures ac~ ~n the employ~r's behalf who is capable of identifying and practices. There may be instances where no action is existing and potential cadmium hazards in the workplace and necessary and this is a valid response to an audit finding. the proper methods to control them in order' to protect All actions taken, including an explanation where no action workers, and has the authority necessary to take prompt is taken on a finding, needs to be documented as to what corrective measures to eliminate or control such hazards The duties of a competent person include at least th~. was done and why. It is important to assure that each following: Determining prior to the performance of work deficiency identified is addressed, the corrective action to be whether cadmium is present in the workplace; establishing, taken noted, and the audit person or team responsible be where necessary, regulated areas and assuring that access to properly documented by the employer. To control the [ 235 J Permanent WSR 93-21-075 Washington State Register, Issue 93-21 and from those areas is limited to authorized employees; employee's regular, daily 8-hour TWA exposure to cadmi- assuring the adequacy of any employee exposure monitoring um. required by this standard; assuring that all employees (iv) Eight-hour TWA exposures shall be determined for exposed to air cadmium levels above the PEL wear appropri- each employee on the basis of one or more personal breath- ate personal protective equipment and are trained in the use ing-zone air samples reflecting full shift exposure on each of appropriate methods of exposure control; assuring that shift, for each job classification, in each work area. Where proper hygiene facilities are provided and that workers are several employees perform the same job tasks, in the same trained to use those facilities; and assuring that the engineer- job classification, on the same shift, in the same work area, ing controls required by this standard are implemented, and the length, duration, and level of cadmium exposures are maintained in proper operating condition, and functioning similar, an employer may sample a representative fraction of properly. the employees instead of all employees in order to meet this (d) Director means the director of the department of requirement. In representative sampling, the employer shall labor and industries or authorized representative. sample the employee(s) expected to have the highest (e) Employee exposure and similar language referring to cadmium exposures. the air cadmium level to which an employee is exposed (b) Specific. means the exposure to airborne cadmium that would occur (i) Initial monitoring. Except as provided for in (b)(iii) if the employee were not using respiratory protective of this subsection, where a determination conducted under equipment. (a)(i) of this subsection shows the possibility of employee (f) Final medical determination is the written medical exposure to cadmium at or above the action level, the opinion of the employee's health status by the examining employer shall conduct exposure monitoring as soon as physician under subsection (12)(c) through (I) of this section practicable that is representative of the exposure for each or, if multiple physician review under subsection (12)(m) of employee in the workplace who is or may be exposed to this section or the alternative physician determination under cadmium at or above the action level. subsection (12)(n) of this section is invoked, it is the final, (ii) In addition, if the employee periodically performs written medical finding, recommendation or determination tasks that may expose the employee to a higher concentra- that emerges from that process. tion of airborne cadmium, the employee shall be monitored (g) High-efficiency particulate ((sesehtte (HEPA) sir)) while performing those tasks. air (HEPA) filter means a filter capable of trapping and (iii) Where the employer has objective data, as defined retaining at least 99.97 percent of mono-dispersed particles in subsection (14)(b) of this section, demonstrating that of 0.3 micrometers in diameter. employee exposure to cadmium will not exceed airborne (h) Regulated area means an area demarcated by the concentrations at or above the action level under the expect- employer where an employee's exposure to airborne concen- ed conditions of processing, use, or handling, the employer trations of cadmium exceeds, or can reasonably be expected may rely upon such data instead of implementing initial to exceed the permissible exposure limit (PEL). monitoring. (i) This section means this cadmium standard. (iv) Where a determination conducted under (a) or (b) (3) Permissible exposure limit (PEL). The employer of this subsection is made that a potentially exposed employ- s hall assure that no employee is exposed to an airborne ee is not exposed to airborne concentrations of cadmium at concentration of cadmium in excess of five micrograms per or above the action level, the employer shall make a written cubic meter of air (5 µg/m3), calculated as an 8-hour time- record of. such determination. The record shall include at weighted average exposure (TWA). least the monitoring data developed under (b)(i) through (iii) (4) Exposure monitoring of this subsection, where applicable, and shall also include (a) General. the date of determination, and the name and Social Security (i) Prior to the performance of any construction work number of each employee. where employees may be potentially exposed to cadmium, (c) Monitoring frequency (periodic monitoring). the employer shall establish the applicability of this standard (i) If the initial monitoring or periodic monitoring by determining whether cadmium is present in the workplace reveals employee exposures to be at or above the action and whether there is the possibility that employee exposures level, the employer shall monitor at a frequency and pattern will be at or above the action level. The employer shall needed to assure that the monitoring results reflect with designate a competent person who shall make this deterrnina- reasonable accuracy the employee's typical exposure levels, tion. Investigation and material testing techniques shall be given the variability in the tasks performed, work practices, used, as appropriate, in the determination. Investigation shall and environmental conditions on the job site, and to assure include a review of relevant plans, past reports, material the adequacy of respiratory selection and the effectiveness oi safety data sheets, and other available records, and consulta- engineering and work practice controls. tions with the property owner and discussions with appropri- (ii) If the initial monitoring or the periodic monitoring ate individuals and agencies. indicates that employee exposures are below the action level (ii) Where cadmium has been determined to be present and that result is confirmed by the results of another moni- in the workplace, and it has been determined that there is a toring taken at least seven days later, the employer may possibility the employee's exposure will be at or above the discontinue the monitoring for those employees whose action level, the competent person shall identify employees exposures are represented by such monitoring. potentially exposed to cadmium at or above the action level. (d) Additional monitoring. The employer also shall (iii) Determinations of employee exposure shall be made institute the exposure monitoring required under (b)(i) anc from breathing-zone air samples that reflect the monitored (c) of this subsection whenever there has been a change ir Permanent [ 236 ] Washington State Register, Issue 93-21 WSR 93-21-075 the raw materials, equipment, personnel, work practices, or (iii) Wherever engineering and work practice controls finished products that may result in additional employees are not sufficient to reduce employee exposure to or below being exposed to cadmium at or above the action level or in the PEL, the employer nonetheless shall implement such employees already exposed to cadmium at or above the controls to reduce exposures to the lowest levels achievable. action level being exposed above the PEL, or whenever the The employer shall supplement such controls with respirato- employer or competent person has any reason to suspect that ry protection that complies with the requirements of subsec- any other change might result in such further exposure. tion (7) of this section and the PEL. (e) Employee notification of monitoring results. (iv) The employer shall not use employee rotation as a (i) No later than five working days after the receipt of method of compliance. the results of any monitoring performed under this section, (b) Specific operations. the employer shall notify each affected employee individual- (i) Abrasive blasting. Abrasive blasting on cadmium or ly in writing of the results. In addition, within the same cadmium-containing materials shall be conducted in a time period, the employer shall post the results of the manner that will provide adequate protection. exposure monitoring in an appropriate location that is (ii) Heating cadmium and cadmium-containing materials. accessible to all affected employees. Welding, cutting, and other forms of heating of cadmium or (ii) Wherever monitoring results indicate that employee cadmium-containing materials shall be conducted in accor- exposure exceeds the PEL, the employer shall include in the dance with the requirements of WAC 296-155-415 and 296- written notice a statement that the PEL has been exceeded 155-420, where applicable. and a description of the corrective action being taken by the (c) Prohibitions. employer to reduce employee exposure to or below the PEL. (i) High speed abrasive disc saws and similar abrasive (f) Accuracy of measurement. The employer shall use power equipment shall not be used for work on cadmium or a method of monitoring and analysis that has an accuracy of cadmium-containing materials unless they are equipped with not less than plus or minus 25 percent (± 25% ), with a appropriate engineering controls to minimize emissions, if confidence level of 95 percent, for airborne concentrations the exposure levels are above the PEL. of cadmium at or above the action level and the permissible (ii) Materials containing cadmium shall not be applied exposure limit. by spray methods, if exposures are above the PEL, unless (5) Regulated areas. employees are protected with supplied-air respirators with (a) Establishment. The employer shall establish a full facepiece, hood, helmet, suit, operated in positive regulated area wherever an employee's exposure to airborne pressure mode and measures are instituted to limit overspray concentrations of cadmium is, or can reasonably be expected and prevent contamination of adjacent areas. to be in excess of the permissible exposure limit (PEL). (d) Mechanical ventilation. (b) Demarcation. Regulated areas shall be demarcated (i) When ventilation is used to control exposure, from the rest of the workplace in any manner that adequately measurements that demonstrate the effectiveness of the establishes and alerts employees of the boundaries of the system in controlling exposure, such as capture velocity, duct regulated area, including employees who are or may be velocity, or static pressure shall be made as necessary to incidentally in the regulated areas, and that protects persons maintain its effectiveness. outside the area from exposure to airborne concentrations of (ii) Measurements of the system's effectiveness in cadmium in excess of the PEL. controlling exposure shall be made as necessary within five (c) Access. Access to regulated areas shall be limited working days of any change in production, process, or to authorized persons. control that might result in a significant increase in employee (d) Provision of respirators. Each person entering a exposure to cadmium. regulated area shall be supplied with and required to use a (iii) Recirculation of air. If air from exhaust ventilation respirator, selected in accordance with subsection (7)(b) of is recirculated into the workplace, the system shall have a this section. high efficiency filter and be monitored to assure effective- (e) Prohibited activities. The employer shall assure that ness. employees do not eat, drink, smoke, chew tobacco or gum, (iv) Procedures shall be developed and implemented to or apply cosmetics in regulated areas, or carry the products minimize employee exposure to cadmium when maintenance associated with any of these activities into regulated areas or of ventilation systems and changing of filters is being store such products in those areas. conducted. (6) Methods of compliance. (e) Compliance program. (a) Compliance hierarchy. (i) ((Where the PEL is e;,i:eeeclecl, the efflfJloyer shall (i) Except as specified in (a)(ii) of this subsection, the establish aAcl ifflfJleff!eRt a writtefl eOfflfJliaRee flFOgraffl to employer shall implement engineering and work practice reclttee efflfJIO)'ee e*t"OSttre te er below the PEL b)' ffleaRs of controls to reduce and maintain employee exposure to eRgiReeriAg aRcl work flFaetiee eoRtrols, as reqttirecl b)' (a) of cadmium at or below the PEL, except to the extent that the this sttbseetioA.)) Where employee exposure to cadmium employer can demonstrate that such controls are not feasible. exceeds the PEL and the employer is required under (a) of (ii) The requirement to implement engineering controls this subsection to implement controls to comply with the to achieve the PEL does not apply where the employer PEL, prior to the commencement of the job the employer demonstrates the following: shall establish and implement a written compliance program (A) The employee is only intermittently exposed; and to reduce employee exposure to or below the PEL. To the (B) The employee is not exposed above the PEL on 30 extent that engineering and work practice controls cannot or more days per year (12 consecutive months). reduce exposures to or below the PEL, the employer shall [ 237 ] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 include in the written compliance program the use of 25 x or less A powered air-purifying res- appropriate respiratory protection to achieve compliance with pirator ("PAPR"2 with a Ioose- the PEL. fitting hood or helmet equipped (ii) Written compliance programs shall be reviewed and with a HEPA filter, or a sup- updated as often and as promptly as necessary to reflect plied-air respirator with a loose- significant changes in the employer's compliance status or fitting hood or helmet facepiece significant changes in the lowest air cadmium level that is operated in the continuous flow technologically feasible. mode. (iii) A competent person shall review the comprehensive 50 x or less A full facepiece air-purifying compliance program initially and after each change. respirator equipped with a (iv) Written compliance programs shall be provided HEPA filter, or a powered air- upon request for examination and copying to the director, or purifying respirator with a tight- authorized representatives, affected employees, and designat- fitting half-mask equipped with ed employee representatives. a HEPA filter, or a supplied air (7) Respirator protection. respirator with a tight-fitting (a) General. Where respirators are required by this half-mask operated in the contin- section, the employer shall provide them at no cost to the uous flow mode. employee and shall assure that they are used in compliance 250 x or less A powered air-purifying respir- with the requirements of this section. Respirators shall be ator with a tight-fitting full used in the following circumstances: facepiece equipped with a HEPA (i) Where exposure levels exceed the PEL, during the filter, or a supplied-air respirator time period necessary to install or implement feasible with a tight-fitting full facepiece engineering and work practice controls; operated in the continuous flow (ii) In those maintenance and repair activities and during mode. those brief or intermittent operations where exposures exceed 1000 x or less A supplied-air respirator with the PEL and engineering and work practice controls are not half-mask or full facepiece oper- feasible, or are not required; ated in the pressure demand or (iii) In regulated areas, as prescribed in subsection (5) other positive pressure mode. of this section; >I 000 x or unknown A self-contained breathing (iv) Where the employer has implemented all feasible concentrations apparatus with ((1:1ttknewn een engineering and work practice controls and such controls are eentratiens)) a full facepiece not sufficient to reduce exposures to or below the PEL; operated in the pressure demand (v) In emergencies; or other positive pressure mode, (vi) Wherever an employee who is exposed to cadmium or a supplied-air respirator with at or above the action level requests a respirator; and a full facepiece operated in the (vii) Wherever an employee is exposed to cadmium pressure demand or other posi- above the PEL and engineering controls are not required tive pressure mode and equipped under (a)(ii) of this subsection. with an auxiliary escape type (b) Respirator selection. self-contained breathing appar- (i) Where respirators are required under this section, the atus operated in the pressure employer shall select and provide the appropriate respirator demand mode. as specified in Table I. The employer shall select respira- Fire fighting A self-contained breathing ap- tors from among those jointly approved as acceptable paratus with full facepiece oper- protection against cadmium dust, fume, and mist by the ated in the pressure demand or Mine Safety and Health Administration (MSHA) and by the other positive pressure mode. National Institute for Occupational Safety and Health (NIOSH) under the provisions of 30 CFR Part 11. Note: a Concentrations expressed a~ multiple of the PEL. Table I b Respirators assigned for higher environmental concentrations may be used at lower exposure levels. Quantitative fit testing Respiratory Protection for Cadmium is required for all tight-fitting air purifying respirators where Airborne concentration airborne concentration of cadmium exceeds I 0 times the TWA PEL (I 0 x 5 µgtm3 = 50 µgtm3). A full facepiece respirator is or condition of use a Required respirator typeb required when eye irritation is experienced. c HEPA means High Efficiency Particulate ((~)) Air. 10 x or Jess A half-mask, air-purifying res- d Fit testing, qualitative or quantitative. is required. - pirator equipped with a HEP N Source: Respiratory Decision Logic, NIOSH, 1987. filter.d (ii) The employer shall provide a powered, air-purifying respirator (PAPR) in lieu of a negative pressure respirator wherever: (A) An employee entitled to a respirator chooses to use this type of respirator; and (B) This respirator will provide adequate protection to the employee. Permanent [ 238] Washington State Register, Issue 93-21 WSR 93-21-075 ( c) Respirator program. (substitute) in the negative pressure mode. A fit factor that (i) Where respiratory protection is required, the employ- is at least 10 times the protection factor for that class of er shall institute a respirator protection program in accor- respirators (Table I in (b)(i) of this subsection) shall be dance with chapter 296-62 WAC, Part E. achieved during quantitative fit testing. A supplied-air (ii) The employer shall permit each employee who is respirator or self-contained breathing apparatus with the required to use an air purifying respirator to leave the same type facepiece, make, model, and size as the air regulated area to change the filter elements or replace the purifying respirator with which the employee passed the respirator whenever an increase in breathing resistance is quantitative fit test may then be used by that employee up to detected and shall maintain an adequate supply of filter the protection factor listed in Table 1 in (b)(i) of this elements for this purpose. subsection for that class of respirators. (iii) The employer shall also permit each employee who (v) Fit testing shall be conducted in accordance with is required to wear a respirator to leave the regulated area to WAC 296-62-07445. Appendix C. wash his or her face and the respirator facepiece whenever (8) Emergency situations. The employer shall develop necessary to prevent skin irritation associated with respirator and implement a written plan for dealing with emergency use. situations involving substantial releases of airborne cadmium. (iv) If an employee exhibits difficulty in breathing while The plan shall include provisions for the use of appropriate wearing a respirator during a fit test or during use, the respirators and personal protective equipment. In addition, employer shall make available to the employee a medical employees not essential to correcting the emergency situation examination in accordance with subsection (12)(f)(ii) of this shall be restricted from the area and normal operations halted section to determine if the employee can wear a respirator in that area until the emergency is abated. while performing the required duties. (9) Protective work clothing and equipment (v) No employee shall be assigned a task requiring the (a) Provision and use. If an employee is exposed to use of a respirator if, based upon his or her most recent airborne cadmium above the PEL or where skin or eye examination, an examining physician determines that the irritation is associated with cadmium exposure at any level, employee will be unable to continue to function normally the employer shall provide at no cost to the employee, and while wearing a respirator. If the physician determines the assure that the employee uses, appropriate protective work employee must be limited in, or removed from his or her clothing and equipment that prevents contamination of the current job because of the employee's inability to wear a employee and the employee's garments. Protective work respirator, the limitation or removal shall be in accordance clothing and equipment includes, but is not limited to: with subsection (12)(k) and (I) of this section. (i) Coveralls or similar full-body work clothing; (d) Respirator fit testing. (ii) Gloves, head coverings, and boots or foot coverings; (i) The employer shall assure that the respirator issued and to the employee is fitted properly and exhibits the least (iii) Face shields, vented goggles, or other appropriate possible facepiece leakage. protective equipment that complies with WAC 296-155-215. (ii) For each employee wearing a tight-fitting, air (b) Removal and storage. purifying respirator (either negative or positive pressure) who (i) The employer shall assure that employees remove all is exposed to airborne concentrations of cadmium that do not protective clothing and equipment contaminated with exceed 10 times the PEL ( 10 x 5 µg/m3 = 50 µg/m3), the cadmium at the completion of the work shift and do so only employer shall perform either quantitative or qualitative fit in change rooms provided in accordance with subsection testing at the time of initial fitting and at least annually (IO)( a) of this section. thereafter. If quantitative fit testing is used for a negative (ii) The employer shall assure that no employee takes pressure respirator, a fit factor that is at least 10 times the cadmium-contaminated prote~tive clothing or equipment protection factor for that class of respirators (Table 1 in from the workplace, except for employees authorized to do (b )(i) of this subsection) shall be achieved at testing. so for purposes of laundering, cleaning, maintaining, or (iii) For each employee wearing a tight-fitting air disposing of cadmium-contaminated protective clothing and purifying respirator (either negative.or positive pressure) who equipment at an appropriate location or facility away from is exposed to airborne concentrations of cadmium that the workplace. exceed 10 times the PEL (10 x 5 µg/m3 = 50 µg/m3), the (iii) The employer shall assure that contaminated employer shall perform quantitative fit testing at the time of protective clothing and equipment, when removed for initial fitting and at least annually thereafter. For negative- laundering, cleaning, maintenance, or disposal, is placed and pressure respirators, a fit factor that is at least ten times the stored in sealed, impermeable bags or other closed, imperme- protection factor for that class of respirators (Table 1 in able containers that are designed to prevent dispersion of (b)(i) of this subsection) shall be achieved during quantita- cadmium dust. tive fit testing. (iv) The employer shall assure that containers of (iv) For each employee wearing a tight-fitting, supplied- contaminated protective clothing and equipment that are to air respirator or self-contained breathing apparatus, the be taken out of the change rooms or the workplace for employer shall perform quantitative fit testing at the time of laundering, cleaning, maintenance or disposal shall bear initial fitting and at least annually thereafter. This shall be labels in accordance with subsection ( l 3)((fet)) ill of this accomplished by fit testing an air purifying respirator of section. identical type facepiece, make, model, and size as the (c) Cleaning, replacement, and disposal. supplied air respirator or self-contained breathing apparatus (i) The employer shall provide the protective clothing that is equipped with HEPA filters and tested as a surrogate and equipment required by (a) of this subsection in a clean [ 239] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 and dry condition as often as necessary to maintain its (c) Surfaces contaminated with cadmium shall, wherevt effectiveness, but in any event at least weekly. The employ- possible, be cleaned by vacuuming or other methods thi er is responsible for cleaning and laundering the protective minimize the likelihood of cadmium becoming airborne. clothing and equipment required by this subsection to (d) HEPA-filtered vacuuming equipment or equall maintain its effectiveness and is also responsible for dispos- effective filtration methods shall be used for vacuumin! ing of such clothing and equipment. The equipment shall be used and emptied in a manner thi (ii) The employer also is responsible for repairing or minimizes the reentry of cadmium into the workplace. replacing required protective clothing and equipment as (e) Shoveling, dry or wet sweeping, and brushing ma needed to maintain its effectiveness. When rips or tears are be used only where vacuuming or other methods th< detected while an employee is working they shall be imme- minimize the likelihood of cadmium becoming airborne hav diately mended, or the worksuit shall be immediately been tried and found not to be effective. replaced. (f) Compressed air shall not be used to remove cadmi (iii) The employer shall prohibit the removal of cadmi- um from any surface unless the compressed air is used i um from protective clothing and equipment by blowing, conjunction with a ventilation system designed to capture th shaking, or any other means that disperses cadmium into the dust cloud created by the compressed air. air. (g) Waste, scrap, debris, bags, containers, person< (iv) The employer shall assure that any laundering of protective equipment, and clothing contaminated wit contaminated clothing or cleaning of contaminated equip- cadmium and consigned for disposal shall be collected an ment in the workplace is done in a manner that prevents the disposed of in sealed impermeable bags or other closec release of airborne cadmium in excess of the permissible impermeable containers. These bags and containers shall b exposure limit prescribed in subsection (3) of this section. labeled in accordance with subsection (l 3)(b) of this sectior (v) The employer shall inform any person who launders (12) Medical surveillance. or cleans protective clothing or equipment contaminated with (a) General. cadmium of the potentially harmful effects of exposure to (i) Scope. cadmium, and that the clothing and equipment should be (A) Currently exposed-The employer shall institute laundered or cleaned in a manner to effectively prevent the medical surveillance program for all employees who are c release of airborne cadmium in excess of the PEL. may be exposed at or above the action level and all emplo) (10) Hygiene areas and practices. ees who perform the following tasks, operations, or jobi (a) General. For employees whose airborne exposure to Electrical grounding with cadmium-welding; cutting, brazin! cadmium is above the PEL, the employer shall provide clean burning, grinding, or welding on surfaces that were painte change rooms, handwashing facilities, showers, and lunch- with cadmium-containing paints; electrical work usin room facilities that comply with WAC 296-155-140. cadmium-coated conduit; use of cadmium containing paint! (b) Change rooms. The employer shall assure that cutting and welding cadmium-plated steel; brazing o change rooms are equipped with separate storage facilities welding with cadmium alloys; fusing of ((reiRfereiRg) for street clothes and for protective clothing and equipment, reinforced steel by cadmium welding; maintaining o which are designed to prevent dispersion of cadmium and retrofitting cadmium-coated equipment; and, wrecking an contamination of the employee's street clothes. demolition where cadmium is present. A medical surveil (c) Showers and handwashing facilities. lance program will not be required if the employer demo11 (i) The employer shall assure that employees whose strates that the employee: airborne exposure to cadmium is above the PEL shower (I) Is not currently exposed by the employer to airbom during the end of the work shift. concentrations of cadmium at or above the action level on 3 (ii) The employer shall assure that employees who are or more days per year (twelve consecutive months); and exposed to cadmium above the PEL wash their hands and (II) Is not currently exposed by the employer in thos faces prior to eating, drinking, smoking, chewing tobacco or tasks on 30 or more days per year (twelve consecutiv gum, or applying cosmetics. months). (d) Lunchroom facilities. (B) Previously exposed-The employer shall als (i) The employer shall assure that the lunchroom institute a medical surveillance program for all employee facilities are readily accessible to employees, that tables for who might previously have been exposed to cadmium by th eating are maintained free of cadmium, and that no employ- employer prior to the effective date of this section in task ee in a lunchroom facility is exposed at any time to cadmi- specified under (a)(i)(A) of this subsection, unless th um at or above a concentration of 2.5 µg/m3. employer demonstrates that the employee did not in th (ii) The employer shall assure that employees do not years prior to the effective date of this section work in thos enter lunchroom facilities with protective work clothing or tasks for the employer with exposure to cadmium for a equipment unless surface cadmium has been removed from aggregated total of more than 12 months. the clothing and equipment by HEPA vacuuming or some (ii) To determine an employee's fitness for using other method that removes cadmium dust without dispersing respirator, the employer shall provide the limited medic:: it. examination specified in (f) of this subsection. (11) Housekeeping. (iii) The employer shall assure that all medical examin2 (a) All surfaces shall be maintained as free as practica- tions and procedures required by this section are performe ble of accumulations of cadmium. by or under the supervision of a licensed physician, who ha (b) All spills and sudden releases of material containing read and is familiar with the health effects WAC 296-62 cadmium shall be cleaned up as soon as possible. 07441, Appendix A, the regulatory text of this section, th Permanent [ 240 l Washington State Register, Issue 93-21 WSR 93-21-075 protocol for sample handling and lab selection in WAC 296- (B) For employees who are subject to medical surveil- 62-07451, Appendix F, and the questionnaire of WAC 296- lance under (a)(i)(B) of this subsection because of prior but 62-07447, Appendix D. not current exposure, the employer shall provide biological (iv) The employer shall provide the medical surveillance monitoring for CdU, B2-M, and CdB ((withtfl.)) one year required by this section, including multiple physician review after the initial biological monitoring and then the employer under (m) of this subsection without cost to employees, and shall comply with the requirements of (d)(vi) of this subsec- at a time and place that is reasonable and convenient to tion. employees. (ii) For all employees who are subject to medical (v) The employer shall assure that the collecting and surveillance under (a)(i) of this subsection, if the results of handling of biological samples of cadmium in urine (CdU), the initial biological monitoring tests show the level of CdU cadmium in blood (CdB), and beta-2 microglobulin in urine to exceed 3 µgig Cr, the level of B2-M to be in excess of (B2-M) taken from employees under this section is done in 300 µgig Cr, or the level of CdB to be in excess of 5 a manner that assures their reliability and that analysis of µg/lwb, the employer shall: biological samples of cadmium in.urine (CdU), cadmium in (A) Within two weeks after receipt of biological blood (CdB), and beta-2 microglobulin in urine (BrM) taken monitoring results, reassess the employee's occupational from employees under this section is performed in laborato- exposure to cadmium as follows: ries with demonstrated proficiency to perform the particular (I) Reassess the employee's work practices and personal analysis. (See WAC 296-62-07451, Appendix F.) hygiene; (b) Initial examination. (II) Reevaluate the employee's respirator use, if any, (i) For employees covered by medical surveillance under and the respirator program; (a)(i) of this subsection, the employer shall provide an initial (III) Review the hygiene facilities; medical examination. The examination shall be provided to (IV) Reevaluate the maintenance and effectiveness of those employees within 30 days after initial assignment to a the relevant engineering controls; job with exposure to cadmium or no later than 90 days after (V) Assess the employee's smoking history and status; the effective date of this section, whichever date is later. (B) Within 30 days after the exposure reassessment, (ii) The initial medical examination shall include: specified in (c)(ii)(A) of this subsection, take reasonable (A) A detailed medical and work history, with emphasis steps to correct any deficiencies found in the reassessment on: Past, present, and anticipated future exposure to cadmi- that may be responsible for the employee's excess exposure um; any history of renal, cardiovascular, respiratory, hemato- to cadmium; and poietic, reproductive, and/or musculo-skeletal system (C) Within 90 days after receipt of biological monitor- dysfunction; current usage of medication with potential ing results, provide a full medical examination to the nephrotoxic side-effects; and smoking history and current employee in accordance with the requirements of (d)(ii) of status; and this subsection. After completing the medical examination, (B) Biological monitoring that includes the following the examining physician shall determine in a written medical tests: opinion whether to medically remove the employee. If the (I) Cadmium in urine (CdU), standardized to grams of physician determines that medical removal is not necessary, creatinine (glCr); then until the employee's CdU level falls to or below 3 µgig (II) Beta-2 microglobulin in urine (BrM), standardized Cr, B2-M level falls to or below 300 µgig Cr and CdB level to grams of creatinine (glCr), with pH specified, as described falls to or below 5 µg/lwb, the employer shall: in WAC 296-62-07451, Appendix F; and (I) Provide biological monitoring in accordance with (III) Cadmium in blood (CdB), standardized to liters of (b )(ii)(B) of this subsection on a semiannual basis; and whole blood (lwb). (II) Provide annual medical examinations in accordance (iii) Recent examination: An initial examination is not with (d)(ii) of this subsection. required to be provided if adequate records show that the (iii) For all employees who are subject to medical employee has been examined in accordance with the require- surveillance under (a)(i) of this subsection, if the results of ments of (b)(ii) of this subsection within the past 12 months. the initial biological monitoring tests show the level of CdU In that case, such records shall be maintained as part of the to be in excess of 15 µgig Cr, or the level of CdB to be in employee's medical record and the prior exam shall be excess of 15 µg/lwb, or the level of BrM to be in excess of treated as if it were an initial examination for the purposes 1,500 µgig Cr, the employer shall comply with the require- of (c) and (d} of this subsection. ments of (c)(ii)(A) and (B) of this subsection. Within 90 (c) Actions triggered by initial biological monitoring. days after receipt of biological monitoring results, the (i} If the results of the biological monitoring tests in the employer shall provide a full medical examination to the initial examination show the employee's CdU level to be at employee in accordance with the requirements of (d)(ii) of or below 3 µgig Cr, B2-M level to be at or below 300 µgig this subsection. After completing the medical examination, Cr and CdB level to be at or below 5 µg/lwb, then: the examining physician shall determine in a written medical (A) For employees who are subject to medical surveil- opinion whether to medically remove the employee. lance under (a)(i)(A) of this subsection because of current or However, if the initial biological monitoring results and the anticipated exposure to cadmium, the employer shall provide biological monitoring results obtained during the medical the minimum level of periodic medical surveillance in examination both show that: CdU exceeds 15 µgig Cr; or accordance with the requirements in (d)(i) of this subsection; CdB exceeds 15 µgllwb; or BrM exceeds 1500 µlg Cr, and and in addition CdU exceeds 3 µgig Cr or CdB exceeds 5 µg/liter of whole blood, then the physician shall medically remove [ 241 ] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 the employee from exposure to cadmium at or above the initial examination required by (b) of this subsection and action level. If the second set of biological moriitoring thereafter at least biennially. Biological sampling shall be results obtained during the medical examination does not provided at least annually either as part of a periodic medical show that a mandatory removal trigger level has been examination or separately as periodic biological monitoring. exceeded, then the employee is not required to be removed (ii) The periodic medical examination shall include: by the mandatory provisions of this section. If the employee (A) A detailed medical and work history, or update is not required to be removed by the mandatory provisions thereof, with emphasis on: Past, present, and anticipated of this section or by the physician's determination, then until future exposure to cadmium; smoking history and current the employee's CdU level falls to or below 3 µgig Cr, B2-M status; reproductive history; current use of medications with level falls to or below 300 µg/g Cr and CdB level falls to or potential nephrotoxic side-effects; any history of renal, below 5 µg/lwb, the employer shall: cardiovascular, respiratory, hematopoietic, and/or musculo- (A) Periodically reassess the employee's occupational skeletal system dysfunction; and as part of the medical and exposure to cadmium; work history, for employees who wear respirators, questions (B) Provide biological monitoring in accordance with 3 through 11 and 25 through 32 in WAC 296-62-07447, (b)(ii)(B) of this subsection on a quarterly basis; and Appendix D; (C) Provide semiannual medical examinations in (B) A complete physical examination with emphasis on: accordance with (d)(ii) of this subsection. Blood pressure, the respiratory system, and the urinary (iv) For all employees to whom medical surveillance is system; provided, beginning on January 1, 1999, and in lieu of (C) A 14 inch by 17 inch, or a reasonably standard (c)(iii) of this subsection, whenever the results of initial sized posterior-anterior chest x-ray (after the initial x-ray, the biological monitoring tests show the employee's CdU level frequency of chest x-rays is to be determined by the examin- to be in excess of 7 µgig Cr, or B2-M level to be in excess ing physician); of 750 µg/g Cr, or CdB level to be in excess of JO µgllwb, (D) Pulmonary function tests, including forced vital the employer shall comply with the r\:!quirements of capacity (FVC) and forced expiratory volume at 1 second ( c )(ii)(A) and (B) of this subsection. Within 90 days after (FEV 1 ); receipt of biological monitoring results, the employer shall (E) Biological monitoring, as required in (b)(ii)(B) of provide a full medical examination to the employee in this subsection; accordance with the requirements of (d)(ii) of this subsec- (F) Blood analysis, in addition to the analysis required tion. After completing the medical examination, the examin- under (b)(ii)(B) of this subsection, including blood urea ing physician shall determine in a written medical opinion nitrogen, complete blood count, and serum creatinine; whether to medically remove the employee. However, if the {G) Urinalysis, in addition to the analysis required under initial biological monitoring results and the biological (b)(ii)(B) of this subsection, including the determination of monitoring results obtained during the medical examination albumin, glucose, and total and low molecular weight both show that: CdU exceeds 7 µg/g Cr; or CdB exceeds JO proteins; µg/lwb; or B2-M exceeds 750 µgig Cr, and in addition CdU (H) For males over 40 years old, prostate palpation, or exceeds 3 µgig Cr or CdB exceeds 5 µg/liter of whole blood, other at least as effective diagnostic test(s); and then the physician shall medically remove the employee (I) Any additional tests or procedures deemed appropri- from exposure to cadmium at or above the action level. If ate by the examining physician. the second set of biological monitoring results obtained (iii) Periodic biological monitoring shalJ be provided in during the medical examination does not show that a accordance with (b)(ii)(B) of this subsection. mandatory removal trigger level has been exceeded, then the (iv) If the results of periodic biological monitoring or employee is not required to be removed by the mandatory the results of biological monitoring performed as part of the provisions of this section. If the employee is not required to periodic medical examination show the level of the be removed by the mandatory provisions of this section or employee's CdU, BrM, or CdB to be in excess of the levels by the physician's determination, then until the employee's specified in (c)(ii) and (iii) of this subsection; or, beginning CdU level falls to or below 3 µg/g Cr, B2-M level falJs to or on January I, 1999, in excess of the levels specified in (c)@2 below 300 µgig Cr and CdB level falJs to or below 5 µgllwb, or (iv) of this subsection, the employer shall take the the employer shalJ: appropriate actions specified in (c)(((iii) aRd)) (ii) through (A) Periodically reassess the employee's occupational (iv) of this subsection, respectively. exposure to cadmium; (v) For previously exposed employees under (a)(i)(B) of (B) Provide biological monitoring in accordance with this subsection: (b)(ii)(B) of this subsection on a quarterly basis; and (A) If the employee's levels of CdU did not exceed 3 (C) Provide semiannual medical examinations in µg/g Cr, CdB did not exceed 5 µg/lwb, and B2-M did not accordance with (d)(ii) of this subsection. exceed 300 µgig Cr in the initial biological monitoring tests, (d) Periodic medical surveillance. and if the results of the follow-up biological monitoring (i) For each employee who is covered by medical required by (c)(i)(B) of this subsection ((wi#tffl.)) one year surveillance under (a)(i)(A) of this subsection because of after the initial examination confirm the previous results, the current or anticipated exposure to cadmium, the employer employer may discontinue alJ periodic medical surveillance shall provide at least the minimum level of periodic medical for that employee. surveillance, which consists of periodic medical examinations (B) If the initial biological monitoring results for CdU, and periodic biological monitoring. A periodic medical CdB, or BrM were in excess of the levels specified in (c)(i) examination shall be provided within one year after the of this subsection, but subsequent biological monitoring Permanent [ 242 ] Washington State Register, Issue 93-21 WSR 93-21-075 results required by (c)(ii) through (iv) of this subsection a medical examination within the preceding 12 months that show that the employee's CdU levels no longer exceed 3 satisfies the requirements of this section. µgig Cr, CdB levels no longer exceed 5 µg/lwb, and BrM (A) A detailed medical and work history, or update levels no longer exceed 300 µgig Cr, the employer shall thereof, with emphasis on: Past exposure to cadmium; provide biological monitoring for CdU, CdB, and Bz-M smoking history and current status; any history of renal, ((wf.t.h.i.ft.)) one year after these most recent biological cardiovascular, respiratory, hematopoietic, and/or musculo- monitoring results. If the results of the follow-up biological skeletal system dysfunction; a description of the job for monitoring ((witkiR oRe year,)) specified in this section, which the respirator is required; and questions 3 through 11 confirm the previous results, the employer may discontinue and 25 through 32 in WAC 296-62-07447, Appendix D; all periodic medical surveillance for that employee. (B) A blood pressure test; (C) However, if the results of the follow-up tests (C) Biological monitoring of the employee's levels of specified in (d)(v)(A) or (B) of this subsection indicate that CdU, CdB and Bz-M in accordance with the requirements of the level of the employee's CdU, B2-M, or CdB exceeds (b)(ii)(B) of this subsection, unless such results already have these same levels, the employer is required to provide annual been obtained within the twelve months; and medical examinations in accordance with the provisions of (D) Any other test or procedure that the examining (d)(ii) of this subsection until the results of biological physician deems appropriate. monitoring are consistently below these levels or the (ii) After reviewing all the information obtained from examining physician determines in a written medical opinion the medical examination required in (f)(i) of this subsection, that further medical surveillance is not required to protect the the physician shall determine whether the employee is fit to employee's health. wear a respirator. (vi) A routine, biennial medical examination is not (iii) Whenever an employee has exhibited difficulty in required to be provided in accordance with (c)(i) and (d) of breathing during a respirator fit test or during use of a this subsection if adequate medical records show that the respirator, the employer, as soon as possible, shall provide employee has been examined in accordance with the require- the employee with a periodic medical examination in ments of (d)(ii) of this subsection within the past 12 months. accordance with (d)(ii) of this subsection to determine the In that case, such records shall be maintained by the employ- employee's fitness to wear a respirator. er as part of the employee's medical record, and the next (iv) Where the results of the examination required under routine, periodic medical examination shall be made avail- (f)(i) ((&)) .. (ii), or (iii) of this subsection are abnormal, able to the employee within two years of the previous medical limitation or prohibition of respirator use shall be examination. considered. If the employee is allowed to wear a respirator, (e) Actions triggered by medical examinations. If the the employee's ability to continue to do so shall be periodi- results of a medical examination carried out in accordance cally evaluated by a physician. with this section indicate any laboratory or clinical finding (g) Emergency examinations. consistent with cadmium toxicity that does not require (i) In addition to the medical surveillance required in (b) employer action under (b), (c), or (d) of this subsection, the through (f) of this subsection, the employer shall provide a employer shall take the following steps and continue to take medical examination as soon as possible to any employee them until the physician determines that they are no longer who may have been acutely exposed to cadmium because of necessary. an emergency. (i) Periodically reassess: The employee's work practices (ii) The examination shall include the requirements of and personal hygiene; the employee's respirator use, if any; (d)(ii), of this subsection, with emphasis on the respiratory the employee's smoking history and status; the respiratory system, other organ systems considered appropriate by the protection program; the hygiene facilities; the maintenance examining physician, and symptoms of acute overexposure, and effectiveness of the relevant engineering controls; and as identified in Appendix A, WAC 296-62-07441 (2)(b )(i) take all reasonable steps to correct the deficiencies found in and (ii) and (4). the reassessment that may be responsible for the employee's (h) Termination of employment examination. excess exposure to cadmium. (i) At termination of employment, the employer shall (ii) Provide semiannual medical reexaminations to provide a medical examination in accordance with (d)(ii) of evaluate the abnormal clinical sign(s) of cadmium toxicity this subsection, including a chest x-ray where necessary, to until the results are normal or the employee is medically any employee to whom at any prior time the employer was removed; and required to provide medical surveillance under (a)(i) or (g) (iii) Where the results of tests for total proteins in urine of this subsection. However, if the last examination satisfied are abnormal, provide a more detailed medical evaluation of the requirements of (d)(ii) of this subsection and was less the toxic effects of cadmium on the employee's renal than six months prior to the date of termination, no further system. examination is required unless otherwise specified in (c) or (f) Examination for respirator use. (e) of this subsection; (i) To determine an employee's fitness for respirator (ii) In addition, if the employer has discontinued all use, the employer shall provide a medical examination that periodic medical surveillance under (d)((f';+t)) M of this includes the elements specified in (f)(i)(A) through (D) of subsection, no termination of employment medical examina- this subsection. This examination shall be provided prior to tion is required. the employee's being assigned to a job that requires the use (i) Information provided to the physician. The employer of a respirator or no later than 90 days after this section goes shall provide the following information to the examining into effect, whichever date is later, to any employee without physician: [ 243] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 (i) A copy of this standard and appendices; (C) Whenever an employee is medically removed under (ii) A description of the affected employee's former, (k) of this subsection, the employer shall transfer the current, and anticipated duties as they relate to the removed employee to a job where the exposure to cadmium employee's occupational exposure to cadmium; is within the permissible levels specified in ((that varagntflh)) (iii) The employee's former, current, and anticipated subsection (12) of this section as soon as one becomes future levels of occupational exposure to cadmium; available. (iv) A description of any personal protective equipment, (D) For any employee who is medically removed under including respirators, used or to be used by the employee, the provisions of (k)(i) of this subsection, the employer shall including when and for how long the employee has used that provide follow-up medical examinations semiannually until, equipment; and in a written medical opinion, the examining physician (v) Relevant results of previous biological monitoring determines that either the employee may be returned to and medical examinations. his/her former job status or the employee must be perma- G) Physician's written medical opinion. nently removed from excess cadmium exposure. (i) The employer shall promptly obtain a written, signed, (E) The employer may not return an employee who has medical opinion from the examining physician for each been medically removed for any reason to his/her former job medical examination performed on each employee. This status until a physician determines in a written medical written opinion shall contain: opinion that continued medical removal is no longer neces- (A) The physician's diagnosis for the employee; sary to protect the employee's health. (B) The physician's opinion as to whether the employee (ii) Where an employee is found unfit to wear a has any detected medical condition(s) that would place the respirator under (f)(ii) of this subsection, the employer shall employee at increased risk of material impairment to health remove the employee from work where exposure to cadmi- from further exposure to cadmium, including any indications um is above the PEL. of potential cadmium toxicity; (iii) Where removal is based upon any reason other than (C) The results of any biological or other testing or the employee's inability to wear a respirator, the employer related evaluations that directly assess the employee's shall remove the employee from work where exposure to absorption of cadmium; cadmium is at or above the action level. (D) Any recommended removal from, or limitation on (iv) Except as specified in (k)(v) of this subsection, no the activities or duties of the employee or on the employee's employee who was removed because his/her level of CdU, use of personal protective equipment, such as respirators; CdB and/or Bi-M exceeded the trigger levels in (c) or (d) of (E) A statement that the physician has clearly and this subsection may be returned to work with exposure to carefully explained to the employee the results of the cadmium at or above the action level until the employee's medical examination, including all biological monitoring levels of CdU fall to or below 3 µg/g Cr, CdB fall to or results and any medical conditions related to cadmium below 5 µg/lwb, and B2-M fall to or below 300 µgig Cr. exposure that require further evaluation or treatment, and any (v) However, when in the examining physician's opinion limitation on the employee's diet or use of medications. continued exposure to cadmium will not pose an increased (ii) The employer shall promptly obtain a copy of the risk to the employee's health and there are special circum- results of any biological monitoring provided by an employer stances that make continued medical removal an inappropri- to an employee independently of a medical examination ate remedy, the physician shall fully discuss these matters under (b) and (d) of this subsection, and, in lieu of a written with the employee, and then in a written determination may medical opinion, an explanation sheet explaining those return a worker to his/her former job status despite what results. would otherwise be unacceptably high biological monitoring (iii) The employer shall instruct the physician not to results. Thereafter and until such time as the employee's reveal orally or in the written medical opinion given to the biological monitoring results have decreased to levels where employer specific findings or diagnoses unrelated to occupa- he/she could have been returned to his/her former job status, tional exposure to cadmium. the returned employee shall continue medical surveillance as (k) Medical removal protection (MRP). if he/she were still on medical removal. Until such time, the (i) General. employee is no longer subject to mandatory medical remov- (A) The employer shall temporarily remove an employ- al. Subsequent questions regarding the employee's medical ee from work where there is excess exposure to cadmium on removal shall be decided solely by a final medical determi- each occasion that medical removal is required under (c), nation. (d), or (f) of this subsection and on each occasion that a (vi) Where an employer, although not required by this physician determines in a written medical opinion that the section to do so, removes an employee from exposure to employee should be removed from such exposure. The cadmium or otherwise places limitations on an employee due physician's determination may be based on biological to the effects of cadmium exposure on the employee's monitoring results, inability to wear a respirator, evidence of medical condition, the employer shall provide the same illness, other signs or symptoms of cadmium-related dys- medical removal protection benefits to that employee under function or disease. or any other reason deemed medically (1) of this subsection as would have been provided had the sufficient by the physician. removal been required under (k) of this subsection. (B) The employer shall medically remove an employee (I) Medical removal protection benefits. in accordance with (k) of this subsection regardless of (i) The employer shall provide medical removal protec- whether at the time of removal a job is available into which tion benefits to an employee for up to a maximum of 18 the removed employee may be transferred. Permanent [ 244] Washington State Register, Issue 93-21 WSR 93-21-075 months each time, and while the employee is temporarily (B) Conduct such examinations, consultations, laborato- medically removed under (k) of this subsection. ry tests, and discussions with the other two physicians as the (ii) For purposes of this section, the requirement that the third physician deems necessary to resolve the disagreement employer provide medical removal protection benefits means among them. that the employer shall maintain the total normal earnings, (v) The employer shall act consistently with the find- seniority, and all other employee rights and benefits of the ings, determinations, and recommendations of the third removed employee, including the employee's right to his/her physician, unless the employer and the employee reach an former job status, as if the employee had not been removed agreement that is consistent with the recommendations of at from the employee's job or otherwise medically limited. least one of the other two physicians. (iii) Where, after 18 months on medical removal (n) Alternate physician determination. The employer because of elevated biological monitoring results, the and an employee or designated employee representative may employee's monitoring results have not declined to a low agree upon the use of any alternate form of physician enough level to permit the employee to be returned to his/her determination in lieu of the multiple physician review former job status: provided by (m) of this subsection, so long as the alternative (A) The employer shall make available to the employee is expeditious and at least as protective of the employee. a medical examination pursuant to this section in order to (o) Information the employer must provide the employ- obtain a final medical determination as to whether the ee. employee may be returned to his/her former job status or (i) The employer shall provide a copy of the physician's must be permanently removed from excess cadmium written medical opinion to the examined employee within exposure; and five working days after receipt thereof. (B) The employer shall assure that the final medical (ii) The employer shall provide the employee with a determination indicates whether the employee may be copy of the employee's biological monitoring results and an returned to his/her former job status and what steps, if any, explanation sheet explaining the results within five working should be taken to protect the employee's health. days after receipt thereof. (iv) The employer may condition the provision of (iii) Within 30 days after a request by an employee, the medical removal protection benefits upon the employee's employer shall provide the employee with the information participation in medical surveillance provided in accordance the employer is required to provide the examining physician with this section. under (i) of this subsection. (m) Multiple physician review. (p) Reporting. In addition to other medical events that (i) If the employer selects the initial physician to are required to be reported on the OSHA Form No. 200, the conduct any medical examination or consultation provided to employer shall report any abnormal condition or disorder an employee under this section, the employee may designate caused by occupational exposure to cadmium associated with a second physician to: employment as specified in Chapter (V)(E) of the Bureau of (A) Review any findings, determinations, or recommen- Labor Statistics Recordkeeping Guidelines for Occupational dations of the initial physician; and Injuries and Illnesses. (B) Conduct such examinations, consultations, and (13) Communication of cadmium hazards to employees laboratory tests as the second physician deems necessary to (a) General. In communications concerning cadmium facilitate this review. hazards, employers shall comply with the requirements of (ii) The employer shall promptly notify an employee of WISHA's Hazard Communication Standard, chapter 296-62 the right to seek a second medical opinion after each WAC, Part C, including but not limited to the requirements occasion that an initial physician provided by the employer concerning warning signs and labels, material safety data conducts a medical examination or consultation pursuant to sheets (MSDS), and employee information and training. In this section. The employer may condition its participation addition, employers shall comply with the following require- in, and payment for, multiple physician review upon the ments: employee doing the following within fifteen (15) days after (b) Warning signs. receipt of this notice, or receipt of the initial physician's (i) Warning signs shall be provided and displayed in written opinion, whichever is later: regulated areas. In addition, warning signs shall be posted (A) Informing the employer that he or she intends to at all approaches to regulated areas so that an employee may seek a medical opinion; and read the signs and take necessary protective steps before (B) Initiating steps to make an appointment with a entering the area. second physician. (ii) Warning signs required by (b )(i) of this subsection (iii) If the findings, determinations, or recommendations shall bear the following information: of the second physician differ from those of the initial Danger, Cadmium, Cancer Hazard, Can Cause Lung and physician, then the employer and the employee shall assure Kidney Disease, Authorized Personnel Only, Respirators that efforts are made for the two physicians to resolve any Required in This Area disagreement. (iv) If the two physicians have been unable to quickly (iii) The employer shall assure that signs required by resolve their disagreement, then the employer and the this paragraph are illuminated, cleaned, and maintained as employee, through their respective physicians, shall designate necessary so that the legend is readily visible. a third physician to: (c) Warning labels. (A) Review any findings, determinations, or recommen- (i) Shipping and storage containers containing cadmium, dations of the other two physicians; and cadmium compounds, or cadmium contaminated clothing, [ 245] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 equipment, waste, scrap, or debris shall bear appropriate (i) The employer shall establish and keep an accurate warning labels, as specified in (c)(ii) of this subsection. record of all air monitoring for cadmium in the workplace. (ii) The warning labels shall include at least the follow- (ii) This record shall include at least the following ing information: information: Danger, Contains Cadmium, Cancer Hazard, Avoid (A) The monitoring date, shift, duration, air volume, and results in terms of an 8-hour TWA of each sample taken, Creating Dust, Can Cause Lung and Kidney Disease and if cadmium is not detected, the detection level; (iii) Where feasible, installed cadmium products shall (B) The name, Social Security number, and job classifi- have a visible label or other indication that cadmium is cation of all employees monitored and of all other employees present. whose exposures the monitoring result is intended to (d) Employee information and training. represent, including, where applicable, a description of how (i) The employer shall institute a training program for it was determined that the employee's monitoring result all employees who are potentially exposed to cadmium, could be taken to represent other employee's exposures; assure employee participation in the program, and maintain (C) A description of the sampling and analytical a record of the contents of such program. methods used and evidence of their accuracy; (ii) Training shall be provided prior to or at the time of (D) The type of respiratory protective device, if any, initial assignment to a job involving potential exposure to worn by the monitored employee and by any other employee cadmium and at least annually thereafter. whose exposure the monitoring result is intended to repre- (iii) The employer shall make the training program sent; understandable to the employee and shall assure that each (E) A notation of any other conditions that might have employee is informed of the following: affected the monitoring results; (A) The health hazards associated with cadmium (F) Any exposure monitoring or objective data that were exposure, with special attention to the information incorpo- used and the levels. rated in WAC 296-62-07441, Appendix A; (iii) The employer shall maintain this record for at least (B) The quantity, location, manner of use, release, and thirty (30) years, in accordance with WAC 296-62-05207. storage of cadmium in the workplace and the specific nature (iv) The employer shall also provide a copy of the of operations that could result in exposure to cadmium, results of an employee's air monitoring prescribed in especially exposures above the PEL; subsection (4) of this section to an industry trade association (C) The engineering controls and work practices and to the employee's union, if any, or, if either of such associated with the employee's job assignment; associations or unions do not exist, to another comparable (D) The measures employees can take to protect organization that is competent to maintain such records and themselves from exposure to cadmium, including modifica- is reasonably accessible to employers and employees in the tion of such habits as smoking and personal hygiene, and industry. specific procedures the employer has implemented to protect (b) Objective data for exemption from requirement for employees from exposure to cadmium such as appropriate initial monitoring. work practices, emergency procedures, and the provision of (i) For purposes of this section, objective data are personal protective equipment; information demonstrating that a particular product or (E) The purpose, proper selection, fitting, proper use, material containing cadmium or a specific process, operation, and limitations of respirators and protective clothing; or activity involving cadmium cannot release dust or fumes (F) The purpose and a description of the medical in concentrations at or above the action level even under the surveillance program required by subsection (12) of this worst-case release conditions. Objective data can be section; obtained from an industry-wide study or from laboratory (G) The contents of this section and its appendices; and product test results from manufacturers of cadmium-contain- (H) The employee's rights of access to records under ing products or materials. The data the employer uses from chapter 296-62 WAC, Part B. an industry-wide survey must be obtained under workplace (iv) Additional access to information and training conditions closely resembling the processes, types of program and materials. material, control methods, work practices, and environmental (A) The employer shall make a copy of this section and conditions in the employer's current operations. its appendices readily available to all affected employees and (ii) The employer shall maintain the record for at least shall provide a cop"y without cost if requested. 30 years of the objective data relied upon. (B) Upon request, the employer shall provide to the ( c) Medical surveillance. director or authorized representative, all materials relating to (i) The employer shall establish and maintain an the employee information and the training program. accurate record for each employee covered by medical (e) Multi-employer workplace. In a multi-employer surveillance under (a)(i) of this subsection. workplace, an employer who produces, uses, or stores (ii) The record shall include at least the following cadmium in a manner that may expose employees of other information about the employee: employers to cadmium shall notify those employers of the (A) Name, Social Security number, and description of potential hazard in accordance with WAC 296-62-05409 of duties; the hazard communication standard. (B) A copy of the physician's written opinions and of (14) Recordkeeping. the explanation sheets for biological monitoring results; (a) Exposure monitoring. (C) A copy of the medical history, and the results of any physical examination and all test results that are required Permanent [ 246] Washington State Register, Issue 93-21 WSR 93-21-075 to be provided by this section, including biological tests, x- effective date of this section. For small businesses, initial rays, pulmonary function tests, etc., or that have been monitoring required by subsection (4)(b) of this section shall obtained to further evaluate any condition that might be be completed as soon as possible and in any event no later related to cadmium exposure; than 120 days after the effective date of this section. (D) The employee's medical symptoms that might be (ii) The permissible exposure limit (PEL). Except for related to exposure to cadmium; and small businesses, as defined under (b)(i) of this subsection, (E) A copy of the information provided to the physician the employer shall comply with the PEL established by as required by subsection (12)(i) of this section. subsection (3) of this section as soon as possible and in any (iii) The employer shall assure that this record is event no later than 90 days after the effective date of this maintained for the duration of employment plus thirty (30) section. For small businesses, the employer shall comply years, in accordance with WAC 296-62-05207. with the PEL established by subsection (3) of this section as (iv) At the employee's request, the employer shall soon as possible and in any event no later than 150 days promptly provide a copy of the employee's medical record, after the effective date of this section. or update as appropriate, to a medical doctor or a union (iii) Regulated areas. Except for small businesses, as specified by the employee. defined under (b)(i) of this subsection, regulated areas (d) Training. The employer shall certify that employees required to be established by subsection (5) of this section have been trained by preparing a certification record which shall be set up as soon as possible after the results of includes the identity of the person trained, the signature of exposure monitoring are known and in any event no later the employer or the person who conducted the training, and than 90 days after the effective date of this section. For the date the training was completed. The certification small businesses, regulated areas required to be established records shall be prepared at the completion of training and by subsection (5) of this section shall be set up as soon as shall be maintained on file for one (I) year beyond the date possible after the results of exposure monitoring are known of training of that employee. and in any event no later than 150 days after the effective (e) Availability. date of this section. (i) Except as otherwise provided for in this section, (iv) Respiratory protection. Except for small businesses, access to all records required to be maintained by (a) as defined under (b)(i) of this subsection, respiratory through (d) of this subsection shall be in accordance with the protection required by subsection (7) of this section shall be provisions of WAC 296-62-052. provided as soon as possible and in any event no later than (ii) Within 15 days after a request, the employer shall 90 days after the effective date of this section. For small make an employee's medical records required to be kept by businesses, respiratory protection required by subsection (7) (c) of this subsection available for examination and copying of this section shall be provided as soon as possible and in to the subject employee, to designated representatives, to any event no later than 150 days after the effective date of anyone having the specific written consent of the subject this section. employee, and after the employee's death or incapacitation, (v) Compliance program. Except for small businesses, to the employee's family members. as defined under (b)(i) of this subsection, written compliance (f) Transfer of records. Whenever an employer ceases programs required by subsection (6)(b) of this section shall to do business and there is no successor employer or be completed and available as soon as possible and in any designated organization to receive and retain records for the event no later than 90 days after the effective date of this prescribed period, the employer shall comply with the section. For small businesses, written compliance programs requirements concerning transfer of records set forth in required by subsection (6)(b) of this section shall be com- WAC 296-62-05215. pleted and available as soon as possible and in any event no (15) Observation of monitoring. later than 180 days after the effective date of this section. (a) Employee observation. The employer shall provide (vi) Methods of compliance. Except for small business- affected employees or their designated representatives an es, as defined under (b)(i) of this subsection, the engineering opportunity to observe any monitoring of employee exposure controls required by subsection (6)(a) of this section shall be to cadmium. implemented as soon as possible and in any event no later (b) Observation procedures. When observation of than 120 days after the effective date of this section. For monitoring requires entry into an area where the use of small businesses, the engineering controls required by protective clothing or equipment is required, the employer subsection (6)(a) of this section shall be implemented as shall provide the observer with that clothing and equipment soon as possible and in any event no later than 240 days and shall assure that the observer uses such clothing and after the effective date of this section. Work practice equipment and complies with all other applicable safety and controls shall be implemented as soon as possible. Work health procedures. practice controls that are directly related to engineering (16) Dates. controls to be implemented shall be implemented as soon as Effective Date This section shall become effective possible after such engineering controls are implemented. on June 14, 1993. (vii) Hygiene and lunchroom facilities. Except for small (b) Start-up dates. All obligations of this section businesses, as defined under (b)(i) of this subsection, commence on the effective date except as follows: handwashing facilities, showers, change rooms and eating (i) Exposure monitoring. Except for small businesses facilities required by subsection (10) of this section, whether (nineteen or fewer employees), initial monitoring required by permanent or temporary, shall be provided as soon as subsection (4)(b) of this section shall be completed as soon possible and in any event no later than 60 days after the as possible and in any event no later than 60 days after the effective date of this section. For small businesses, [ 247 ] Permanent WSR 93-21-075 Washington State Register, Issue 93-21 handwashing facilities, showers, change rooms and eating AMENDATORY SECTION (Amending Order 88-16, filed facilities required by subsection (10) of this section, whether 6/20/88) permanent or temporary, shall be provided as soon as possible and in any event no later than I 20 days after the WAC 392-164-105 Purpose. The purpose of this effective date of this section. chapter is to ensure compliance by the state of Washington (viii) Employee information and training. Except for with provisions governing financial assistance to local school small businesses, as defined under (b)(i) of this subsection, districts and other subgrantee's of Chapter 1 Migrant of the employee information and training required by subsection ((EEl1:1eatioR CoRsol iElatioR aREI lffipro~·effieRt Aet of 1981)) (13)(d) of this section shall be provided as soon as possible Elementary and Secondary School Improvement amendments and in any event no later than 90 days after the effective of I 988 and accompanying federal rules and regulations, date of this section. For small businesses, employee infor- particularly 34 CFR Parts ((201, 204)) 200, 201, and 203 mation and training required by subsection (13)(d) of this and 74.60-61 and Appendix ((G to part 74)) 76. section shall be provided as soon as possible and in any event no later than 180 days after the effective date of this AMENDATORY SECTION (Amending Order 88-16, filed section. 6/20/88) (ix) Medical surveillance. Except for small businesses, WAC 392-164-115 Accountability. Nothing in this as defined under (b)(i) of this subsection, initial medical chapter shall be construed to relieve a local school district or examinations required by subsection (12) of this section shall other subgrantee of its responsibility to comply also with all be provided as soon as possible and in any event no later applicable federal statutes, rules, and regulations including than 90 days after the effective date of this section. For but not limited to provisions of time and effort found in small businesses, initial medical examinations required by OMB Circular A-87, attachment B, Paragraph (B)(lO). subsection ( 12) of this section shall be provided as soon as possible and in any event no later than 180 days after the AMENDATORY SECTION (Amending Order 88-16, filed effective date of this section. 6/20/88) (17) Appendices. (a) WAC 296-62-07445, Appendix C, is a part of this WAC 392-164-120 Chapter 1 Migrant-Definition. standard, and compliance with its contents is mandatory. As used in this chapter, the term "Chapter 1 Migrant" means (b) Except where portions of WAC 296-62-07 441, 296- that part of Public Law ((~)) 100-97 and subsequent 62-07443, 296-62-07447, 296-62-07449, and 296-62-07451, amendments, commonly referred to as Chapter 1 of the Appendices A, B, D, E, and F, respectively, to this section ((EE11:1eatioR CoRsoliElatioR aREI lffiproveffieRt Aet of 1981)) are expressly incorporated in requirements of this section, Elementary and Secondary School Improvement amendments these appendices are purely informational and are not of 1988, which provide financial assistance to state educa- intended to create any additional obligations not otherwise tional agencies to meet special educational needs of migrato- imposed or to detract from any existing obligations. ry children. AMENDATORY SECTION (Amending Order 88-16, filed 6/20/88) WSR 93-21-088 WAC 392-164-165 Preschool children-Definition. PERMANENT RULES SUPERINTENDENT OF As used in this chapter, "preschool children" means children who are: PUBLIC INSTRUCTION ( 1) Below the age and grade level at which the state [Order 93-17-Filed October 20, 1993, 11:45 a.m.] provides free public education; and Date of Adoption: October 20, 1993. (2) Of the age or grade level at which they can benefit Purpose: To ensure compliance by the state of Wash- from an organized ((iRstr1:1etioRal)) educational program ington with provisions governing financial assistance to local provided in a school or instructional setting: Provided, That school districts and other subgrantees of Chapter I Migrant such children shall not be younger than three years of age. of the Elementary and Secondary school improvement amendments of 1988 and accompanying federal rules and AMENDATORY SECTION (Amending Order 88-16, filed regulations, particul.arly 34 CFR parts 200, 201 and 203 and 6/20/88) 74.60-61 and Appendix 76. Citation of Existing Rules Affected by this Order: WAC 392-164-185 Object of expenditure- Amending WAC 392-164-105 through 392-164-430. Definition. As used in this chapter, the term "object of Statutory Authority for Adoption: RCW 28A.300.070. expenditure" means an article purchased or a service Pursuant to notice filed as WSR 93-17-103 on August obtained, coded appropriately on the program budget matrix 18, 1993. (FORM SPI F-lOOOB(( CH. 1))) and referred to for Effective Date of Rule: Thirty-one days after filing. accounting purposes as the third field of uniform expenditure October 20, 1993 classification. Judith A. Billings Superintendent of ~ublic Instruction Permanent [ 248) Washington State Register, Issue 93-21 WSR 93-21-088 AMENDATORY SECTION (Amending Order 88-16, filed 6/20/88) WAC 392-164-190 Activity-Definition. As used in WAC 392-164-240 Definition-Participating chil- this chapter, the term "activity(ies)," when used in the dren. As used in this chapter, the term "participating context of budgeting provisions, means a specific line of children" means those eligible migratory children in greatest work carried on by the school district or other subgrantee need of special assistance, as determined on the basis of coded appropriately on the program budget matrix (FORM established selection criteria, who are selected to receive SPI F- IOOOB(( CH. I))) and referred to for accounting services in the Chapter I Migrant program. purposes as the second field of uniform expenditure classifi- cation. AMENDATORY SECTION (Amending Order 88-16, filed 6/20/88) AMENDATORY SECTION (Amending Order 88-16, filed WAC 392-164-255 Application required. Each local 6/20/88) school district or other subgrantee that seeks an allocation of WAC 392-164-205 ((Del'initien ))Service model= federal funds under Chapter 1 Migrant shall submit an Definition. As used in this chapter, the term "service annual application by November 30 on forms provided by model" means the location, time and conditions characteristic the superintendent of public instruction. No application of the method(s) chosen by a school district for delivery of submitted after November 30 will be considered for the Chapter I Migrant instructional and/or support services. current school year. Permissible models are those described in the annual application instructions. AMENDATORY SECTION (Amending Order 88-16, filed 6/20/88) AMENDATORY SECTION (Amending Order 18, filed WAC 392-164-260 Substance of annual application. 7 /19/90, effective 8/19/90) The local school district's or other subgrantee' s annual WAC 392-164-225 Academic instruction-Definition. application shall include: As used in this chapter, the term "academic instruction" (1) A description of the Chapter 1 Migrant education means reading, oral language development, language arts, project to be conducted, ((ineltuliHg)) based on local needs mathematics, basic and advanced skills: Provided, That assessment will include the following: other areas of basic education instruction identified in RCW (a) The services and types of programs to be provided. 28A.150.220, Basic Education Act, may be included if (b) The number of children to be served in total and for appropriate to the state and local plans approved pursuant to each service. WAC 392-164-285. (c) The types and number of staff to be employed. (d) Advanced skills which include reasoning, analysis, AMENDATORY SECTION (Amending Order 88-16, filed interpretation, problem-solving, and decision making as they 6/20/88) relate to particular subjects. (e) Desired outcomes expressed in measurable terms for WAC 392-164-230 Greatest need of special all aspects of the migrant program including support services assistance-Definition. As used in this chapter, the term and early childhood. "greatest need of special assistance" means those eligible (f) A separate summary of the project components migratory children, as defined in WAC 392-164-170, who designed to meet unmet needs of currently migratory have been identified on the basis of established selection children expected to be served. · criteria, including objective measurement of educational (2) An appropriate budget displayed on FORM SPI F- achievement, as demonstrated by written and oral tests if 1000B(( CH. 1)). reasonable, as in the greatest need of special assistance. (3) The assurances in section 556(b)(2) through (b)(5) of Chapter 1 of the ((Btl1:1eatieH CoHsolitlatioH aHe Irnvrove AMENDATORY SECTION (Amending Order 88-16, filed rneHt Aet)) Elementary and Secondary School Improvement 6/20/88) Amendments of 1988. WAC 392-164-235 Consultation with parents and (4) The assurances in section 436(b)(2) and (b)(3) of the teachers of participating children-Definition. As used in General Education Provisions Act. this chapter, the term "consultation with parents and teachers (5) The state-developed assurances included in the of participating children" means: application. (l) Establishment by the local school district of a parent (6) Services, site, and use of facilities and equipment to advisory council; be purchased. (2) Active solicitation of parent involvement in the (7) A description of the local school district's or other planning, ((overatioH)) design, and evaluation of the migrant subgrantee's plan for involving parents of migratory children education program, including discussion of program revenues in the planning, implementation, and evaluation of the and expenditures; and project. (3) Similar involvement of teachers of children being (8) Descriptive outcomes for all migrant children in served. terms of advanced skills. (9) A description of how the district will remediate the unmet needs of currently migratory children. [ 249 J Permanent WSR 93-21-088 Washington State Register, Issue 93-21 AMENDATORY SECTION (Amending Order 88-16, filed Migrant project shall be given to a local school district or 6/20/88) other subgrantee when the superintendent of public instruc- tion has received a completed application in accordance with WAC 392-164-265 Basis of project planning and WAC 392-164-260 and 392-164-265 and is assured that the funding. The local school district or other subgrantee and local school district or other subgrantee has satisfied all the superintendent of public instruction shall consider the yearly reporting requirements and compliance agreements following factors in project planning and approval for from the previous year, unless the agreement extends into funding. the current year. (1) An operating agency's project shall: (2) Programs shall not be implemented without prior (a) Satisfy the provisions of the approved state plan approval from the superintendent of public instruction. The submitted by the superintendent of public instruction to the effective approval date shall be July 1 of each year for secretary of education; complete applications received prior to July 1, or the (b) Be planned and implemented based on the number subsequent date on which the complete application is and specific needs of participating, eligible migratory received by the superintendent of public instruction provided students; it is before November 30 of the current year. (c) Be of sufficient size and scope as determined (3) Fiscal expenditures made prior to the effective pursuant to WAC 392-164-275 to meet the needs of the approval date indicated on an application or a request for eligible migratory students to be served; budget revision shall not be allowed. (d) Be funded in relationship to: (i) The migrant student records and transfer system AMENDATORY SECTION (Amending Order 88-16, filed (MSRTS) reports on full-time equivalent migratory students 6/20/88) to determine the number and status of migratory students enrolled on the MSRTS as compared to previous years' WAC 392-164-300 Budget revision-((TweHty)) Ten enrollment and with other local school districts and operating percent allowed. Using either an object or activity subtotal agencies within Washington state; from FORM SPI F-1 OOOB(( CH. l as a ease, loeal)). (ii) Data contained in the report of services filed with §.chool districts or other subgrantees may make annuai the superintendent of public instruction to determine continu- ex~e~ditu~e adjustm_ents of up to ((tweftty-)) ten percent~ ity of services and projected number of participants versus act1v1ty hne or ob1ect column in any of the previously the number of migratory students actually served over time; budgeted ((oejeetlaeti;·it)' eell)) activity lines or objecl (iii) _((Skills iRfufffiatioR systems Fef'OFl:s aRa Stlf'f3lemeR column totals within the approved annual application withoul tlif)'. S~FY!ees Fef30FI: to SetefffiiRe if skills ffiasterea ey f}Fejeet filing a request for a budget revision with the superintendenl 13art1e113aRts aRa ttRaer stttay are eoRsisteRt with the amottRt of public instruction. Any object or activity revisions in of staff time reEJt1estea; excess of ten percent require previous approval from the ft¥1)) The number of students served in supplemental superintendent of public instruction. programs by the operating agency to determine whether planning information and proposed services are consistent AMENDATORY SECTION (Amending Order 88-16 filed with one another and if funds requested are intended to 6/20/88) , support a new project; WAC 392-~64-305 Budget revisions-Updating ((fYt)) .ili'.l Monitoring reports to determine if the local planned expenditures. Except as provided in WAC 392- school district or subgrantee has incorporated recommenda- 164-300 each local school district or other subgrantee shall tions to remedy weaknesses in previous projects into their expend Chapter I Migrant moneys in accordance wilt current proposal; planned expenditures and the program description include( ((f:tt)) W Expenditure claims for the immediately in the application submitted to and approved by the superin- preceding and current year to determine if the amount tendent of public instruction. A local school district or othe1 requested is realistic in light of the rate of expenditure in the sub_g~antee shall be required to file a request for a budge1 current year; rev1s1on whenever necessary or no later than August 31 oJ ((~)) {y!l State plan to determine whether the scope ~he current year with the superintendent of public instructior of services planned at the local school district or subgrantee m order to accomplish any of the following: level is within approved state priorities; and (1) Increase the total expenditure of Chapter 1 Migrani ((f¥iiit)) (vii) Migrant student records transfer system moneys((-:-)).i. and migrant education regional office reports to determine . (2) C~a~ge by more than ((tweftty-)) ten percent of ((ar !11e needs,_ strengths and weaknesses of the proposal based on ol:ljeeblaetl'nty eell)) the expenditures among activities 01 mformat10n gathered in visits for reports, training and object((-:-))s totals; or district profiles. ' (3) Expend money in any object or activity where nc (2) No project shall be established solely for formerly moneys were budgeted in the approved application. migratory children. AMENDATORY SECTION (Amending Order 88-16, filec AMENDATORY SECTION (Amending Order 88-16 filed 6/20/88) , WAC 392-164-315 Program update. No later thar . WAC 3?2-~64-285 Approval of Chapter 1 Migrant thirty calendar days following a substantial program change project apphcations for a subgrant by the superintendent a local school district or other subgrantee shall submit to tht of public instruction. ( 1) Final approval of a Chapter I Permanent [ 250 I Washington State Register, Issue 93-21 WSR 93-21-088 superintendent of public instruction a description of such H "StaAdards fur gratitee atid s1:1egratitee fitiaAeial maAage changes. "Substantial changes" shall mean one or more of meAt systems aAd tieA federal 1rnclits" aAd AppeAcliit G, the following: A1 1dit ret11 1iremeAts fur state aAcl leeal ge\·erAffleAts. ")) the (I) Removal of Chapter 1 Migrant services from an area Single Audit Act of 1984 and related regulations including listed as "served" on the application. but not limited to chapter 392-115 WAC. (2) Addition of Chapter 1 Migrant services to an area not listed as "served" in the application. NEW SECTION (3) Modification of the Chapter 1 Migrant program in WAC 392-164-368 Consultation with parents. To any served area by adding a new program focus, by chang- meet the expanded parental involvement required in Section ing grade levels, or by changing program service delivery 1016, ESSIA 1988 each agency receiving Chapter 1 Migrant models or staff F.T.E.s. funds must develop procedures for organized, ongoing, (4) Increasing the number of students served in the systematic informed, and timely consultations with parents Chapter 1 Migrant program to such an extent that the district of participating children. must exceed the ((~)) ten percent budget variance to These written procedures must be made available to accommodate serving the additional eligible students. parents and guardians of participating children. (5) Provided, That notwithstanding the thirty-day Parent involvement must be developed with, and based provision for notification to the superintendent of public on proposed and final applications, needs assessment instruction of substantial program changes, if such changes documentation, budgetary information, evaluation data, local, necessitate a budget revision or are based on a needs state, and federal laws, regulations, policies, and directives, assessment revision, said revision shall be submitted to the and other information deemed necessary for effective superintendent of public instruction for approval prior to involvement. implementation of proposed changes. Methods for obtaining full participation of parents must be of sufficient size, scope, and quality to give reasonable AMENDATORY SECTION (Amending Order 88-16, filed promise of substantial progress toward achieving the parental 6/20/88) involvement goals in Section 299.34 (a)(3) and (b) and WAC 392-164-345 Preschool services. Preschool Section 201.35(c). services for eligible migratory children may be provided under this part as a service to preschool children upon AMENDATORY SECTION (Amending Order 88-16, filed specific application to the superintendent of public instruc- 6/20/88) tion with sufficient information to enable him to determine WAC 392-164-375 State advisory committee. The that such care as described in the application: purpose of the state advisory committee shall be to advise (I) Serves eligible students who are currently migratory the superintendent of public instruction in planning, develop- children ages three to school age; ing, operating, and evaluating the state Chapter 1 Migrant (2) Supplements services available from other public or program; and to facilitate communication among local parent private agencies; advisory councils and between the state advisory committee (3) Is not extravagant in view of the cost and the and local councils. number of children involved; (1) Membership of the state advisory committee shall be (4) Does not prevent participation of school age migra- as follows: tory children or detract from the s operation of projects for (a) The superintendent of public instruction shall select school age children; parent members from nominations submitted by local parent (5) Is developed based on ((aA aeademie)) educational advisory committees, current state advisory committee and support services needs assessment; and members, or migrant education staff; (6) Is designed to provide for the special educational, (b) The majority of the state advisory committee shall cultural, and linguistic needs of the children. consist of such parents, selected from nominees; and (c) The balance of the state advisory committee shall be AMENDATORY SECTION (Amending Order 88-16, filed selected by the superintendent of public instruction and shall 6/20/88) consist of representatives of local districts and ((iAtefff!ediate WAC 392-164-350 Fiscal requirements. Fiscal ~)) educational service districts, the Washington requirements for operating agencies receiving funds under Hispanic commission, a high school migratory student, and this chapter shall be understood and applied as described in such other agencies and committees as are deemed appropri- WAC 392-163-245, 392-163-405, 392-163-410, and 392- ate. 163-415 which apply to Chapter 1 Regular of the ((Bdttea- (2) Bylaws shall be developed jointly by the state tieA CeAselidatieA aAd lmpFevemeAt Aet)) Elementary and advisory committee and the superintendent of public instruc- Secondary School Improvement Amendments of 1988. tion with final approval given by the superintendent of public instruction. AMENDATORY SECTION (Amending Order 88-16, filed (3) Election of officers shall be conducted by the 6/20/88) membership. ( 4) The superintendent of public instruction shall call all WAC 392-164-355 Chapter 1 Migrant audit. Audit meetings. of local school district Chapter 1 Migrant programs shall be (5) Members shall be reimbursed for travel and expens- conducted in compliance with ((34 CPR PaFt 74, 81:1epart es consistent with state law. [ 251] Permanent WSR 93-21-088 Washington State Register, Issue 93-21 (6) The executive secretary of the state advisory NEW SECTION committee shall be an employee of the superintendent of WAC 392-164-425 Subgrant allocation formula public instruction who shall be assis~ed ~y the ~x~cutive Each year an allocation formula based on pupils served committee of the state advisory committee in finalizing and types of migrant pupils, current district enrollments fo facilitating state advisory committee meeting agendas. January will be used to determine the maximum subgran funds available to LEAs. The actual amount granted to eacl AMENDATORY SECTION (Amending Order 88-16, filed subgrant will be determined by the needs assessment in eacl 6/20/88) LEA. WAC 392-164-390 Program evaluation. Each local school district or other subgrantee that receives a subgrant NEW SECTION under Chapter 1 Migrant shall ((e;·alttate their Chaflte_r I WAC 392-164-430 Supply purchase. All supplies Migraftt fJregraFR t1si1tg a leeally ElevelefleEI e;·alt1at10R materials, and equipment for current year program must bi FRetheEI er the Ch8flter 1 BvalttatieR aREI RefJertiRg System purchased before March 1. An unexpected spring influx o (CHIBRS) fer refJertiRg stttEleRt iFRflaet Elata te the SttfJeriR a summer school are the only exceptions under whicl teREleRt ef flttblie iRStftletieR)) conduct evaluations that assess the overall progress of participating migrant children in approval will be granted and will require SPI' s prior approv grade two through twelve, including education progress, in al. terms of instructional services and support services. The evaluation design for the regular school year instructional program must include: . WSR 93-21-089 (1) Objective measures of educational progress of PERMANENT RULES project participants (including achievement in ba~ic s~ills) as SUPERINTENDENT OF measured, if possible, over a twelve-month testing interval PUBLIC INSTRUCTION through the use of forms of state or national normal achie~e­ [Order 93-18-Filed October 20, 1993, 11 :46 a.m.] ment tests. If this is not possible the LEA or operating Date of Adoption: October 20, 1993. agency may use other acceptable measures of educational Purpose: Removes running start students from enroll progress of migrant children, such as changes in attendance ment used to calculate school district student/staff ratios. patterns, drop-out rates, and objectively applied indicators of Citation of Existing Rules Affected by this Order student achievement; Amending WAC 392-127-015. (2) Migrant summer schools, to the extent possible, Statutory Authority for Adoption: RCW 28A.150.29C must follow the same guidelines; and Other Authority: RCW 28A.150.100(2). (3) During either regular or summer terms, the _evalua- Pursuant to notice filed as WSR 93-18-041 on Augus tion design for support service components must include 27, 1993. measures of the effects on project participants that are Effective Date of Rule: Thirty-one days after filing. consistent with the defined support objectives. In addition, October 20, 199 each local school district or other subgrantee, when appropri- Judith A. Billing ate, shall determine whether improved student achievement Superintendent o is sustained over a period of more than one program year, Public Instructio1 and shall consider that data in the improvement of programs and projects assisted with Chapter 1 Migrant moneys. AMENDATORY SECTION (Amending Order IO, file1 611190, effective 7/2/90) NEW SECTION WAC 392-127-015 FTE enrollment-Definition. A WAC 392-164-420 General requirements for new used in this chapter, "full-time equivalent enrollment" mean program. To develop and implement a new migrant for the period selected by ((the)) ~school district((;. program, a local school district or operating agency must do flt)), the total full-time equivalent students reported b: the following: a school district pursuant to WAC 392-121-122((-;-)) minu (1) Identify ten or more currently migrant students; the following: (2) Do a needs assessment which will show what needs ((~)) ill Handicapped full-time equivalent student can be met in basic education, other specially funded calculated pursuant to WAC 392-122-131 and based on th programs, and determine if special unmet needs unique to enrollment reported by a school district pursuant to WAC the migrant life still exist. 392-122-106; ((~)) If so, the LEA may design a migrant education program (2) Full-time equivalent students enrolled in communit based on this needs assessment that will be of a size, scope, or technical colleges pursuant to RCW 28A.600.300 througl and quality to give reasonable promise of substantial 28A.600.400 (running start) reported by a school district a progress toward meeting the special needs of the identified required by the superintendent of public instruction; and migrant pupils. (3) Prior to the 1993-94 school year, full-time equivaler students enrolled in learning centers reported by a schoc district ((as reqttireEI by the SttfleriRteREleRt ef flttblie iRsffiie -tiett)) pursuant to WAC 392-122-200 through 392-122-27~ Permanent [ 252] Washington State Register, Issue 93-21 WSR 93-21-090 October 20, 1993 PERMANENT RULES Judith A. Billings SUPERINTENDENT OF Superintendent of PUBLIC INSTRUCTION Public Instruction [Order 93-19-Filed October 20, 1993, 11:49 a.m.] Date of Adoption: October 20, 1993. ((1991 93)) 1991-92 THROUGH 1994-95 K-3 STAFF Purpose: Apportionment of state handicapped program ENHANCEMENT moneys. Citation of Existing Rules Affected by this Order: AMENDATORY SECTION (Amending Order 92-01, filed Amending WAC 392-122-1 IO. 117/92, effective 217/92) Statutory Authority for Adoption: RCW 28A.150.290. Other Authority: The Biennial Operating Appropriations WAC 392-140-450 ((1991 93)) K-3 staff Act. enhancement-Applicable provisions. The provisions of Pursuant to notice filed as WSR 93-18-018 on August WAC 392-140-450 through 392-140-497 apply to the 24, 1993. determination of staff/student ratios used in apportionment of Effective Date of Rule: Thirty-one days after filing. state basic education moneys to school districts for the 1991- October 20, 1993 92 ((afla 1992 93)) through 1994-95 school years based on Judith A. Billings the district's kindergarten through third grade (K-3) staff and students. Compliance with these sections does not assure Superintendent of compliance with: Public Instruction (I) RCW 28A.150.I00(2), which requires each school AMENDATORY SECTION (Amending Order 2, filed district to maintain a ratio of at least forty-six basic educa- 1/23/91, effective 2/23/91) tion certificated instructional staff per thousand annual average full-time equivalent students; or WAC 392-122-110 Definition-State handicapped (2) RCW 28A.150.250, which requires that the ratio of program-Handicapped program certificated instruction- students per classroom teacher in grades kindergarten al staff salary and mix factor variables for the allocation through three be no greater than the ratio of students per formula. Handicapped program certificated instructional classroom teacher in grades four and above. staff salary and mix factor variables used in the handicapped allocation formula shall be defined the same as those defined AMENDATORY SECTION (Amending Order 92-01, filed in WAC ((392 121 285)) 392-121-200 through ((392 121 117/92, effective 217/92) ~)) 392-121-299: Provided, That the words "state handi- capped program" shall be substituted for "basic education" WAC 392-140-451 ((1991 93)) K-3 staff enhancement-Authority. The authority for WAC 392- throughout those definitions. 140-450 through 392-140-497 is: (1) ((8eetiefl 502(11), ek8fJter le, Laws ef 1991 1st s~. sess. (the state O~eratiRg A~~re~riatiefls Aet))) The biennial Operating Appropriations Act established by the legislature for each school year; and (2) RCW 28A.150.290(1 ). WSR 93-21-091 PERMANENT RULES AMENDATORY SECTION (Amending Order 92-01, filed SUPERINTENDENT OF 117/92, effective 217/92) PUBLIC INSTRUCTION [Order 93-21-Filed October 20, 1993, 11 :52 a.m.] WAC 392-140-452 ((1991 93)) K-3 staff enhancement-Purpose. The purpose of WAC 392-140- Date of Adoption: October 20, 1993. 450 through 392-140-497 is to set forth the policies and Purpose: Apportionment of state basic education K-3 procedures used by the superintendent of public instruction staff enhancement moneys. to determine the amount of moneys to be provided to school Citation of Existing Rules Affected by this Order: districts for certificated instructional staff above that set forth Repealing K-3 enhancement rules for 1989-91 and 1990-91, in RCW 28A.150.260 (2)(c). WAC 392-140-300 through 392-140-393; and amending 1991-92 through 1994-95 K-3 staff enhancement, WAC 392- AMENDATORY SECTION (Amending Order 92-01, filed 140-450 through 392-140-497. I 17/92, effective 217/92) Statutory Authority for Adoption: RCW 28A. I 50.290. Other Authority: The Biennial Appropriations Operating WAC 392-140-460 ((1991 93)) K-3 staff Act. enhancement-Definition-Academic year. As used in Pursuant to notice filed as WSR 93-18-019 on August WAC 392-140-450 through 392-140-497, "academic year" 24, 1993. means any nine-month period within the school year in Effective Date of Rule: Thirty-one days after filing. which the minimum one hundred eighty school days required by law is conducted. [ 253] Permanent WSR 93-21-091 Washington State Register, Issue 93-21 AMENDATORY SECTION (Amending Order 92-01, filed period selected by the school district on SPI Form 116( 117/92, effective 217/92) determined as follows: (1) Sum FTE K-3 students reported by a school distric WAC 392-140-461 ((1991 93)) K-3 staff pursuant to WAC 392-121-122; and subtract enhancement-Definition-SPI Form S-275. "SPI Form (2) Handicapped FTE students of ages six through eigh S-275" means the same as defined in WAC 392-121-220. calculated pursuant to WAC 392-122-131 based on enroll· ment reported by a school district pursuant to WAC 392. AMENDATORY SECTION (Amending Order 92-01, filed 122-106. 117/92, effective 2/7/92) WAC 392-140-462 ((1991 93)) K-3 staff AMENDATORY SECTION (Amending Order 92-01, filec enhancement-Definition-SPI Form S-277. "SPI Form 1/7/92, effective 2/7/92) S-277" means the form provided by the superintendent of WAC 392-140-471 ((1991 93)) K-3 stafl public instruction on which school districts report informa- enhancement-Definition-FTE basic education certifi. tion about each classified employee of the school district as cated instructional employee. "FTE basic educatior of October 1 of the school year including the employee's certificated instructional employee" means for a basic name, Social Security number, working hours, assignments, education certificated instructional employee as defined ir rate of pay, and benefits. WAC 392-121-210, the FTE calculated pursuant to WAC 392-121-215. AMENDATORY SECTION (Amending Order 92-01, filed 117/92, effective 217/92) AMENDATORY SECTION (Amending Order 92-01, filec WAC 392-140-463 ((1991 93)) K-3 staff 1/7/92, effective 2/7/92) enhancement-Definition-SPI Form 1158. "SPI Form WAC 392-140-472 ((1991 93)) K-3 staf1 1158" means the form provided by the superintendent of enhancement-Definition-FTE K-3 basic educatior public instruction on which school districts report supple- certificated instructional employee. "FTE K-3 basic mental full-time equivalent (FTE) staff and/or supplemental education certificated instructional employee" means for ' K-3 FTE staff for the school year. FTE basic education certificated instructional employee thi following: AMENDATORY SECTION (Amending Order 92-01, filed ( 1) If the basic education certificated instructiona 117/92, effective 217/92) employee serves only K-3 students, one hundred percent o WAC 392-140-464 ((1991 93)) K-3 staff the FTE assigned to basic education; or enhancement-Definition-SPI Report 1159. "SPI Report (2) If the basic education certificated instructiona 1159" means the report produced by the superintendent of employee serves K-3 students and students of one or mon public instruction displaying the calculations of K-3 certifi- other grades, multiply the FTE assigned to basic educatim cated instructional staffing and K-3 apportionment ratios and by: other information as necessary. (a) The proportion of time spent serving K-3 students tc all time serving students; AMENDATORY SECTION (Amending Order 92-01, filed (b) The proportion of K-3 students served to all student: 117/92, effective 217/92) served; or (c) Any combination of (a) or (b) of this subsection a: WAC 392-140-465 ((1991 93)) K-3 staff appropriate. enhancement-Definition-SPI Form 1160. "SPI Form 1160" means the form provided by the superintendent of AMENDATORY SECTION (Amending Order 92-01, file< public instruction on which school districts may select the 1/7/92, effective 2/7/92) period of enrollment the superintendent of public instruction shall use to calculate staffing ratios. WAC 392-140-473 ((1991 93)) K-3 staf enhancement-Definition-FTE K-3 basic educatio1 AMENDATORY SECTION (Amending Order 92-01, filed certificated instructional staff. "FTE K-3 basic educatio1 1/7/92, effective 217/92) certificated instructional staff' means the sum of FTE K-'. basic education certificated instructional employees for : WAC 392-140-466 ((1991 93)) K-3 staff school district. enhancement-Definition-SPI Form 1230. "SPI Form 1230" means the form provided by the superintendent of AMENDATORY SECTION (Amending Order 92-01, file< public instruction on which school districts report 1989-90 1/7/92, effective 2/7/92) FTE K-3 basic education classified instructional assistants. WAC 392-140-474 ((1991 93)) K-3 staf AMENDATORY SECTION (Amending Order 92-01, filed enhancement-Definition-Average basic educatim 117/92, effective 2/7/92) certificated instructional staff salary for the purpose o apportionment. "Average basic education certificatec WAC 392-140-470 ((1991 93)) K-3 staff instructional staff salary for purpose of apportionment enhancement-Definition-FTE K-3 basic education means the average salary allocation amount for basi1 enrollment. "FTE K-3 basic education enrollment" means education certificated instructional staff determined by thi the school district's enrollment for October or for such other superintendent of public instruction for general apportion Permanent [ 254] Washington State Register, Issue 93-21 WSR 93-21-091 ment of state basic education moneys to a school district WAC 392-140-450 through 392-140-497, "instructional FTE" pursuant to WAC 392-121-299. means: (1) For a basic education certificated instructional AMENDATORY SECTION (Amending Order 92-01, filed employee, the FTE determined pursuant to WAC 392-140- 117/92, effective 217/92) 471. WAC 392-140-475 ((1991 93)) K-3 staff (2) For a basic education classified instructional assis- enhancement-Definition-Basic education classified tant, the FTE determined pursuant to WAC 392-140-476. instructional assistant. "Basic education classified instruc- tional assistant" means a person who is assigned in whole or AMENDATORY SECTION (Amending Order 92-01, filed in part to: 117/92, effective 217/92) (1) Program 01-basic education, WAC 392-140-480 ((1991 93)) K-3 staff 31-vocational, basic, state, or enhancement-Definition-K-3 addition FTE. "K-3 45-skills center, basic, state; and addition FTE" means the increase in FTE calculated pursuant (2) Activity 27-teaching; and to WAC 392-140-483 for a K-3 basic education certificated (3) Duty 910-aide. instructional employee or a K-3 basic education classified instructional assistant who is not reported on SPI Fonn S- AMENDATORY SECTION (Amending Order 92-01, filed 275 (for a certificated employee) or on SPI Form S-277 (for 117/92, effective 217/92) a classified employee) or whose instructional FTE increases WAC 392-140-476 ((1991 93)) K-3 staff after October I of the school year. enhancement-Definition-Basic education classified instructional assistant FTE. "Basic education classified AMENDATORY SECTION (Amending Order 92-01, filed 117/92, effective 217/92) instructional assistant FTE" means the number determined for a basic education classified instructional assistant as WAC 392-140-481 ((1991 93)) K-3 staff follows: enhancement-Definition-K-3 reduction FTE. "K-3 (1) Multiplying the hours per day times the days per reduction FTE" means the decrease in K-3 FTE calculated year that the employee is assigned as a basic education pursuant to WAC 392-140-483 for a basic education certifi- classified instructional assistant; and cated instructional employee or a basic education classified (2) Divide by 2080. instructional assistant who is no longer employed or whose instructional FTE decreases after October 1 of the school AMENDATORY SECTION (Amending Order 92-01, filed year. 117/92, effective 217/92) WAC 392-140-477 ((1991 93)) K-3 staff AMENDATORY SECTION (Amending Order 92-01, filed enhancement-Definition-FTE K-3 basic education 117/92, effective 217/92) classified instructional assistants. "FTE K-3 basic educa- WAC 392-140-482 ((1991 93)) K-3 staff tion classified instructional assistants" means the number enhancement-Definition-K-3 reassignment FTE. "K-3 determined for a school district as follows: reassignment FTE" means the change in K-3 FTE calculated ( 1) For each basic education classified instructional pursuant to WAC 392-140-483 for a basic education certifi- assistant serving K-3 students determine an FTE as follows: cated instructional employee or a basic education classified (a) If the basic education classified instructional assis- instructional assistant after October I whose K-3 FTE tant serves only K-3 students, one hundred percent of the changes as a result of reassignment but whose total instruc- FTE determined pursuant to WAC 392-140-476. tional FTE does not change. (b) If the basic education classified instructional assistant serves K-3 students and students of one or more AMENDATORY SECTION (Amending Order 92-01, filed other grades, multiply the FTE dete_nnined pursuant to WAC 117/92, effective 217/92) 392-140-476 by: (i) The proportion of time spent serving K-3 students to WAC 392-140-483 ((1991 93)) K-3 staff all time serving students; enhancement-Calculation of addition, reduction, and (ii) The proportion of K-3 students served to all students reassignment FTE. Addition, reduction, and reassignment served; or FTE shall be calculated as follows: (iii) Any combination of (b)(i) or (ii) of this subsection (I) Detennine the K-3 basic education FTE that would as appropriate. have been reported for the employee on SPI Fonn S-275 (for (2) Sum the FTEs detennined pursuant to subsection (1) a certificated instructional employee) or SPI Form S-277 (for of this section for all basic education classified instructional a classified instructional assistant) if the employee had assistants of the school district. served the full academic year at the level of service after the change in service; AMENDATORY SECTION (Amending Order 92-01, filed (2) Subtract the K-3 basic education FTE as of October 117/92, effective 217/92) 1 as reported for the employee on SPI Form S-275 (for a certificated instructional employee) or on SPI Form S-277 WAC 392-140-478 ((1991 93)) K-3 staff (for a classified instructional assistant) from the result enhancement-Definition-Instructional FTE. As used in obtained in subsection (1) of this section; [ 255 l Permanent WSR 93-21-091 Washington State Register, Issue 93-21 (3) Multiply the result obtained in subsection (2) of this tied instructional assistants for the school year as reported on section by the number of months remaining in the academic Form S-277. year that the employee serves at the level of service after the change in service, including the month of the change; and AMENDATORY SECTION (Amending Order 92-01, filed (4) Divide the result obtained in subsection (3) of this 117/92, effective 217/92) section by nine. WAC 392-140-492 ((1991 93)) K-3 staff AMENDATORY SECTION (Amending Order 92-01, filed enhancement-Definition-Increase in K-3 basic educa- tion classified instructional assistants from 1989-90. 117/92, effective 217/92) "Increase in K-3 basic education classified instructional WAC 392-140-485 ((1991 93)) K-3 staff assistants from 1989-90" means the greater of zero and the enhancement-Definition--Supplemental FTE K-3 basic number calculated for a school district as follows: education certificated instructional staff. "Supplemental (I) Sum FTE K-3 basic education classified instructional FTE K-3 basic education certificated instructional staff" assistants reported on SPI Form S-277 and any supplemental means the sum of a school district's K-3 addition, reduction, FTE K-3 basic education classified instructional assistants as and reassignment FTEs for K-3 basic education certificated reported on SPI Form 1158; and subtract instructional staff. (2) 1989-90 K-3 basic education classified instructional assistants as reported on SPI Form 1230. AMENDATORY SECTION (Amending Order 92-01, filed 117/92, effective 217/92) AMENDATORY SECTION (Amending Order 92-01, filed 1/7/92, effective 217/92) WAC 392-140-486 (( 1991 93)) K-3 staff enhancement-Definition-Supplemental FTE K-3 basic WAC 392-140-493 ((1991 93)) K-3 staff education classified instructional assistants. "Supplemen- enhancement-Definition-Recognized certificated staff tal FTE K-3 basic education classified instructional assis- ratio equivalent of increased K-3 classified instructional tants" means the sum of a school district's K-3 addition, assistants. "Recognized certificated staff ratio equivalent of reduction, and reassignment FTEs for K-3 basic education increased K-3 classified instructional assistants" means the classified instructional assistants. number calculated for a school district with a K-3 certificat- ed instructional staffing ratio of 51.00 or greater and an AMENDATORY SECTION (Amending Order 92-01, filed increase in K-3 basic education classified instructional 117/92, effective 217/92) assistants from 1989-90 as follows: ( 1) Divide the increase in K-3 basic education classified WAC 392-140-490 ((1991 93)) K-3 staff instructional assistants from 1989-90 by FTE K-3 basic enhancement-Definition-K-3 certificated instructional education enrollment; staffing ratio. "K-3 certificated instructional staffing ratio" (2) Multiply the result of subsection (1) of this section means the ratio calculated for a school district for a school by 1000; year as follows: (3) Multiply the result of subsection (2) of this section (1) Add FTE K-3 basic education certificated instruc- by the ratio of actual average salary for basic education tional staff as reported on SPI Form S-275 and any supple- classified instructional assistants to average basic education mental FTE K-3 basic education certificated instructional certificated instructional staff salary for the purpose of staff as reported on SPI Form 1158; apportionment; (2) Divide the result of subsection (1) of this section by (4) The lesser of 1.30 and the result of subsection (3) of FTE K-3 basic education enrollment; and this section is the school district's recognized certificated (3) Multiply the result obtained in subsection (2) of this staff ratio equivalent of increased K-3 classified instructional section by 1000. assistants. AMENDATORY SECTION (Amending Order 92-01, filed 117/92, effective 217/92) WAC 392-140-491 ((1991 93)) K-3 staff WAC 392-140-494 ((1991 93)) K-3 staff enhancement-Definition-Actual average salary for enhancement-School district reporting-Required basic education classified instructional assistants. "Actual reports. Each school district shall report to the superinten- average salary for basic education classified instructional dent of public instruction on SPI Forms S-275 and S-277 the assistants" means the dollar amount determined for a school school district's FTE K-3 basic education certificated district for a school year as follows: instructional staff and FTE K-3 basic education classified ( 1) For each basic education classified instructional instructional assistants as of October I of the school year. assistant reported on SPI Form S-277 for the school year School districts shall report pursuant to instructions provided multiply the hours per day times the days per year times the by the superintendent of public instruction. hourly rate as reported on Form S-277. (2) Sum the dollar amounts determined pursuant to subsection (1) of this section; and (3) Divide the result of subsection (2) of this section by the sum of the school district's FTE basic education classi- Permanent [ 256] Washington State Register, Issue 93-21 WSR 93-21-091 AMENDATORY SECTION (Amending Order 92-01, filed (d) Corrections to FfE K-3 basic education classified 117/92, effective 217/92) instructional assistants on SPI Form S-277. (3) Prior to January 1 of the following school year, the WAC 392-140-495 ((1991 93)) K-3 staff enhancement-School district reporting-Optional superintendent of public instruction shall provide each school reports. At any time prior to September 30 of the following district a final SPI Report 1159. The report shall include school year school districts may report to the superintendent supplemental data for the school year received from the of public instruction: school district prior to September 30 of the following school year. (1) Supplemental FfE K-3 staff for the school year on SPI Form 1158; (4) Reports shall show the school district's K-3 certifi- (2) One of the following optional periods of enrollment cated instructional staffing ratio, recognized certificated staff on SPI Form 1160: ratio equivalent of increased K-3 classified instructional (a) Enrollment for any month of the school year; or assistants, and K-3 apportionment ratio for the school year. (b) Annual average enrollment for the school year; and REPEALER (3) 1989-90 FfE K-3 classified instructional assistants on SPI Form 1230. The following sections of the Washington Administra- tive Code are repealed: AMENDATORY SECTION (Amending Order 92-01, filed 117192, effective 217/92) WAC 392-140-300 1989-91 Certificated instruc- tional staff enhancement WAC 392-140-496 ((1991 93)) K-3 staff moneys-Applicable provi- enhancement-Calculation of K-3 apportionment ratios. sions. The superintendent of public instruction shall calculate each WAC 392-140-301 1989-91 Certificated instruc- school district's ratio of state allocated certificated instruc- tional staff enhancement tional staff units per one thousand K-3 students for state moneys-Authority. basic education apportionment as follows: WAC 392-140-302 1989-91 Certificated instruc- (1) If the school district's K-3 certificated instructional tional staff enhancement staffing ratio is 49.00 or less, the district's K-3 apportion- moneys-Purpose. ment ratio shall be 49.00. WAC 392-140-303 1989-91 Certificated instruc- (2) If the school district's K-3 certificated instructional tional staff enhancement staffing ratio is greater than 49.00, and less than 51.00, the moneys-Definition-School district's K-3 apportionment ratio shall be the same as the district. district's K-3 certificated instructional staffing ratio. WAC 392-140-304 1989-91 Certificated instruc- (3) If the school district's K-3 certificated instructional tional staff enhancement staffing ratio is 51.00 or greater, the district's K-3 apportion- moneys-Definition-SP! ment ratio shall be the lesser of: Form E-672. (a) 54.30; and WAC 392-140-305 1989-91 Certificated instruc- (b) The sum of the district's K-3 certificated instruction- tional staff enhancement al staffing ratio and, if applicable, the district's recognized moneys-Definition-Full-time certificated staff ratio equivalent of increased K-3 classified equivalent basic education instructional assistants. enrollment. WAC 392-140-306 1989-91 Certificated instruc- AMENDATORY SECTION (Amending Order 92-01, filed tional staff enhancement 117/92, effective 217/92) moneys-Definition-Full-time WAC 392-140-497 ((1991 93)) K-3 staff equivalent kindergarten through enhancement-Reporting by the superintendent of public third grade basic education instruction. The superintendent of public instruction shall enrollment. report to school districts as follows: WAC 392-140-307 1989-91 Certificated instruc- (I) Prior to January 31 of each school year the superin- tional staff enhancement tendent of public instruction shall provide each school moneys-Definition-Full-time district an initial SPI Report 1159. The report shall include equivalent kindergarten through any supplemental data received from the school district prior third grade basic education enrollment including handi- to January I of the school year. (2) Within thirty days of receiving any of the following capped enrollment. WAC 392-140-308 1989-91 Certificated instruc- data from a school district the superintendent of public instruction shall provide the school district with an interim tional staff enhancement SPI Report 1159: moneys-Definition-SP! (a) Supplemental FfE K-3 staff on SPI Form 1158; Form S-275. (b) Selection of optional enrollment on SPI Form 1160; WAC 392-140-309 1989-91 Certificated instruc- (c) Corrections to FfE K-3 basic education certificated tional staff enhancement instructional staff on SPI Form S-275; or moneys-Definition-School year. [ 257] Permanent WSR 93-21-091 Washington State Register, Issue 93-21 WAC 392-140-310 1989-91 Certificated instruc- moneys-Definition- tional staff enhancement Kindergarten through twelfth moneys-Definition-Current grade staffing ratio. school year. WAC 392-140-323 1989-91 Certificated instruc- WAC 392-140-311 1989-91 Certificated instruc- tional staff enhancement moneys-Definition-SP! moneys-Definition- Forro 1157. Following school year. WAC 392-140-324 1989-91 Certificated instruc- WAC 392-140-312 1989-91 Certificated instruc- tional staff enhancement moneys-Definition-SP! moneys-Definition- Form 1158. Academic year. WAC 392-140-325 1989-91 Certificated instruc- WAC 392-140-313 1989-91 Certificated i nstruc- tional staff enhancement moneys-Definition-SP! moneys-Definition-Full-time Form 1159. equivalent basic education WAC 392-140-326 1989-91 Certificated instruc- certificated instructional em- tional staff enhancement ployee. moneys-Definition-SP! WAC 392-140-314 1989-91 Certificated instruc- Form 1160. tional staff enhancement WAC 392-140-327 1989-91 Certificated instruc- moneys-Definition-Full-time tional staff enhancement equivalent kindergarten through moneys-General provisions. third grade basic education WAC 392-140-328 1989-91 Certificated instruc- certificated instructional em- tional staff enhancement ployee. moneys-School district WAC 392-140-315 1989-91 Certificated instruc- reporting-Required reports. tional staff enhancement WAC 392-140-329 1989-91 Certificated instruc- moneys-Definition-Full-time tional staff enhancement equivalent kindergarten through moneys-School district third grade basic education reporting-Optional report- certificated instructional staff. Staff changes. WAC 392-140-316 1989-91 Certificated instruc- WAC 392-140-330 1989-91 Certificated instruc- tional staff enhancement moneys-Definition-Addition moneys-School district full-time equivalent. reporting-Optional report- WAC 392-140-317 1989-91 Certificated instruc- Enrollment changes. tional staff enhancement WAC 392-140-331 1989-91 Certificated instruc- moneys-Definition- tional staff enhancement Reduction full-time equivalent. moneys-Initial report by the WAC 392-140-318 1989-91 Certificated instruc- superintendent of public in- tional staff enhancement struction. moneys-Definition- WAC 392-140-332 1989-91 Certificated instruc- Reassignment full-time equiva- tional staff enhancement lent. moneys-Interim report by the WAC 392-140-319 1989-91 Certificated instruc- superintendent of public in- tional staff enhancement struction. moneys-Definition-Supple- WAC 392-140-333 1989-91 Certificated instruc- mental full-time equivalent tional staff enhancement staff. moneys-Final report by the WAC 392-140-320 1989-91 Certificated instruc- superintendent of public in- tional staff enhancement struction. moneys-Definition-Supple- WAC 392-140-334 1989-91 Certificated instruc- mental full-time equivalent tional staff enhancement kindergarten through third moneys-Kindergarten through grade staff. third grade apportionment WAC 392-140-321 1989-91 Certificated instruc- ratios a school district with a tional staff enhancement 1988-89 kindergarten through moneys-Definition- third grade staffing ratio less Kindergarten through third than fifty-one per thousand. grade staffing ratio. WAC 392-140-335 1989-91 Certificated instruc- WAC 392-140-322 1989-91 Certificated instruc- tional staff enhancement moneys-Kindergarten through Permanent [ 258] Washington State Register, Issue 93-21 third grade apportionment ratios for a school district with a 1988-89 kindergarten through third grade staffing ratio equal to or greater than fifty-one per thousand. WAC 392-140-340 1990-91 additional 1.3 staff units-Applicable provisions. WAC 392-140-341 1990-91 additional 1.3 staff units-Authority. WAC 392-140-342 1990-91 additional 1.3 staff units-Purpose. WAC 392-140-343 1990-91 additional 1.3 staff units~General provisions. WAC 392-140-345 1990-91 additional 1.3 staff units-Definition-School year. WAC 392-140-346 1990-91 additional 1.3 staff units-Definition-Academic year. WAC 392-140-347 1990-91 additional 1.3 staff units-Definition-Full-time equivalent basic education enrollment. WAC 392-140-348 1990-91 additional 1.3 staff units-Definition-Full-time equivalent kindergarten through third grade basic education enrollment. WAC 392-140-349 1990-91 additional 1.3 staff units-Definition-Full-time equivalent basic education certificated instructional staff. WAC 392-140-350 1990-91 additional 1.3 staff units-Definition-Full-time equivalent kindergarten through third grade basic education certificated instructional staff. WAC 392-140-351 1990-91 additional 1.3 staff units-Definition-SP! form S- 275. WAC 392-140-352 1990-91 additional 1.3 staff units-Definition-SP! form 1158. WAC 392-140-353 1990-91 additional 1.3 staff units-Definition- Supplemental basic education certificated instructional staff. WAC 392-140-354 1990-91 additional 1.3 staff units-Definition- Supplemental full-time equiva- lent kindergarten through third grade staff. WAC 392-140-355 1990-91 additional 1.3 staff units-Definition- Kindergarten through third grade basic education certificat- ed instructional staffing ratio. WAC 392-140-356 1990-91 additional 1.3 staff units-Definition-1990-91 average basic education certifi- cated instructional staff salary [ 259] for the purpose of apportion- ment. WAC 392-140-357 1990-91 additional 1.3 staff units-Definition-SP! form S- 277. WAC 392-140-358 1990-91 additional 1.3 staff units-Definition-Classified instructional assistant. WAC 392-140-359 1990-91 additional 1.3 staff units-Definition-Classified instructional assistant full-time equivalent. WAC 392-140-360 1990-91 additional 1.3 staff units-Definition-Basic edu- cation classified instructional assistant. WAC 392-140-361 1990-91 additional 1.3 staff units-Definition-Basic edu- cation classified instructional assistant full-time equivalent. WAC 392-140-362 1990-91 additional 1.3 staff units-Definition-Full-time equivalent basic education classified instructional assis- tants. WAC 392-140-363 1990-91 additional 1.3 staff units-Definition-Full-time equivalent kindergarten through third grade basic education classified instructional assis- tants. WAC 392-140-364 1990-91 additional 1.3 staff units-Definition-Full-time equivalent fourth through twelfth grade basic education classified instructional assis- tants. WAC 392-140-365 1990-91 additional 1.3 staff units-Definition-1990-91 actual average salary for basic education classified instruction- al assistants. WAC 392-140-366 1990-91 additional 1.3 staff units-Definition-Addition full-time equivalent basic edu- cation classified instructional assistant. WAC 392-140-367 1990-91 additional 1.3 staff units-Definition-Reduction full-time equivalent basic edu- cation classified instructional assistant. WAC 392-140-368 1990-91 additional 1.3 staff units-Definition- Reassignment full-time equiva- lent basic education classified instructional assistant. WAC 392-140-369 1990-91 additional 1.3 staff units-Definition- Supplemental full-time equiva- lent basic education classified instructional assistants. Permanent WSR 93-21-091 Washington State Register, Issue 93-21 WAC 392-140-370 1990-91 additional 1.3 staff WAC 392-140-380 1990-91 additional 1.3 staff units-Definition- units-Definition-Certificated Supplemental full-time equiva- instructional staff equivalent of lent kindergarten through third the change in fourth through grade basic education classified twelfth grade basic education instructional assistants. classified instructional assis- WAC 392-140-371 1990-91 additional 1.3 staff tants from 1989-90 to 1990-91. units-Definition- WAC 392-140-381 1990-91 additional 1.3 staff Supplemental full-time equiva- units-Definition- lent fourth through twelfth Kindergarten through third grade basic education classified grade certificated instructional instructional assistants. staffing ratio equivalent of WAC 392-140-372 1990-91 additional 1.3 staff fourth through twelfth grade units-Definition-SP! Form basic education instructional 1230. staff changes from 1989-90 to WAC 392-140-373 1990-91 additional 1.3 staff 1990-91. units-Definition- WAC 392-140-390 1990-91 additional 1.3 staff Kindergarten through third units-School district reporting grade basic education classified of basic education classified instructional assistant staffing instructional assistants. ratio. WAC 392-140-391 1990-91 additional 1.3 staff WAC 392-140-374 1990-91 additional 1.3 staff units-Reporting by the super- units-Definition-Change in intendent of public instruction. kindergarten through third WAC 392-140-392 1990-91 additional 1.3 staff grade basic education classified units-Determination of school instructional assistant staffing district additional kindergarten ratios from 1989-90 to 1990- through third grade staffing 91. ratio enhancements. WAC 392-140-375 1990-91 additional 1.3 staff WAC 392-140-393 1990-91 additional 1.3 staff units-Definition-Certificated units-Determination of credit instructional staff ratio equiva- for fourth through twelfth grade lent of the change in kindergar- staff increases. ten through third grade basic education classified instruction- al assistant staffing ratios from 1989-90 to 1990-91. WSR 93-21-092 WAC 392-140-376 1990-91 additional 1.3 staff PERMANENT RULES units-Definition-Recognized SUPERINTENDENT OF change in kindergarten through PUBLIC INSTRUCTION [Order 93-20-Filed October 20, 1993, 11 :54 a.m.] third grade basic education certificated instructional staff- Date of Adoption: October 20, 1993. ing ratio from 1989-90 to Purpose: To implement changes in school district levy 1990-91. authority and local effort assistance calculations required by WAC 392-140-377 1990-91 additional 1.3 staff chapters 410 and 465, Laws of 1993. units-Definition-Combined Citation of Existing Rules Affected by this Order: change in kindergarten through Repealing WAC 392-139-056, 392-139-057, and 392-139- third grade basic education 675; and amending WAC 392-139-007 through 392-139-676. instructional staffing ratios Statutory Authority for Adoption: RCW 28A. l 50.290(2) from 1989-90 to 1990-91. and 84.52.0531 (10). WAC 392-140-3 78 1990-91 additional 1.3 staff Pursuant to notice filed as WSR 93-18-062 on August units-Definition-Change in 30, 1993. fourth through twelfth grade Effective Date of Rule: Thirty-one days after filing. basic education certificated October 20, 1993 instructional staff from 1989-90 Judith A Billings to 1990-91. Superintendent of WAC 392-140-379 1990-91 additional 1.3 staff Public Instruction units-Definition-Change in fourth through twelfth grade basic education classified in- structional assistants from 1989-90 to 1990-91. Permanent [ 260 l Washington State Register, Issue 93-21 WSR 93-21-092 AMENDATORY SECTION (Amending Order 18, filed (iii) Education of highly capable students. Allocations 11/22/89, effective 12/23/89) for education of highly capable students include allocations identified by account 4174 Highly capable. WAC 392-139-007 Organization of this chapter. (iv) Compensatory education. Allocations for compen- This chapter contains rules for excess levy authority and satory education include allocations identified by the state matching money for excess levies also known as local following accounts: effort assistance. The general organization of the chapter is 4155 Learning assistance; as follows: 4165 Transitional bilingual; Sections 001-099 General provisions arid definitions. 6151 Remediation, ESSIA, Chapter 1; Sections 100-299 Definitions for excess levy authority. 6153 Migrant, ESSIA, Chapter 1 ; Sections 300-399 Determination of excess levy authori- 6162 Refugee programs; ty. 6164 Bilingual, Title VII, P.L. 95-561 (SPI); Sections 600-649 Definitions for local effort assistance. 6167 Indian education, JOM; Sections 660-((699)) 679 Determination of local effort 6264 Bilingual, Title VII, P.L. 95-561 (direct); and assistance for 1993, 19% and thereafter. 6268 Indian education, P.L. 92-318. Sections 680-699 Determination of local effort assis- (v) Food services. Allocations for food services include tance for 1994 and 1995. allocations identified by the following accounts: Section_§. 900-999 Notification ((pFeYisieRs)), petitions 4198 School food services (state); and requests for review. 6198 School food services (federal); and 6998 USDA commodities. AMEND A TORY SECTION (Amending Order I 8, filed (vi) State-wide block grant programs. Allocations for 11 /22/89, effective 12/23/89) state-wide block grant programs include allocations identified WAC 392~139-055 Definition-Calendar year. As by the following accounts: used in this chapter, ((tke term:)) "calendar year" means the 4175 Local education program enhancement; and period commencing on January 1 and ending on December 6176 Targeted assistance, ESSIA, Chapter 2, P.L. 100- 31. Unless otherwise stated, calendar year references 297. including numeric references (e.g., 1994) are to the calendar (c) General federal programs. Allocations for general year for which levy authority and local effort assistance are federal programs identified by the following accounts: being calculated pursuant to this chapter. 5200 General purpose direct grants, unassigned; 6100 Special purpose, SPI, unassigned; NEW SECTION 6138 Secondary vocational education, P.L. 98-524; 6146 Skills center; WAC 392-139-058 Definition-Prior year and prior 6177 Mathematics and science; calendar year. As used in this chapter, "prior year" and 6200 Direct special purpose grants; and "prior calendar year" mean the calendar year preceding the 6246 Skills center, direct federal grant. year for which levy authority and local effort assistance are (2) Increase the result obtained in subsection (1) of this being calculated pursuant to this chapter. section by ((tke fellewiRg pereeRtage: (a) FeF 1992, the ~ereeRtage iRerease per foll tim:e AMENDATORY SECTION (Amending Order 92-07, filed ef)Hi'i'aleRt stHdeRt iR the state basie edHeatieR apprepriatieR 9/21/92, effective 10/22/92) betweeR tke prier sekeel yeaF aRd the eHFFeRt sekeel year. WAC 392-139-310 Determination of excess levy (b) Fer 1993 aRd theFeafter,)) the percentage increase base. The superintendent of public instruction shall calculate per full-time equivalent student in the state basic education each school district's excess levy base as ((fellews:)) appropriation between the prior school year and the current provided in this section. Levy base adjustments pursuant to school year as stated in the state Operating Appropriations WAC 392-139-901 shall be included in revenues shown in Act divided by 0.55. this section. (3) Revenue accounts referenced in ((sHbseetieR (l) ef)) (1) Sum the following state and federal allocations for this section are from the September 1989 accounting manual the prior school year: for public school districts in the state of Washington, revised (a) The basic education allocation as defined in WAC 1990. 392-139-115 and as reported on the August Report 1191; (4) The dollar amount of revenues for state and federal (b) The state and federal categorical allocations for the categorical allocations identified in this section shall come following: from the following sources: (i) Pupil transportation. Allocations for pupil transporta- (a) The following state and federal categorical alloca- tion include allocations for the following accounts: tions are taken from the Report 1197 Column A (Annual 4199 Transportation - operations; and Allotment Due): 4499 Transportation reimbursement - depreciation. 4121 Education of handicapped children; (ii) Handicapped education. Allocations for handi- 4155 Learning assistance; capped education include allocations for the following 4165 Transitional bilingual; accounts: 4174 Highly capable; 4121 Education of handicapped children; 4175 Local education program enhancement; 6124 Handicapped supplemental, EHA, Part B; and 4198 School food services (state); 6127 Handicapped deinstitutionalized. 4199 Transportation - operations; [ 261] Permanent WSR 93-21-092 Washington State Register, Issue 93-21 4499 Transportation reimbursement - depreciation; (2) Divide the result by the school district maximum 6124 Handicapped supplemental, EHA, Part B; excess levy percentage calculated pursuant to WAC 392-139- 6127 Handicapped deinstitutionalized; 320; and 6138 Secondary vocational education, P.L. 98-524; (3) Multiply the result by twelve percent. 6146 Skills center; 6151 Remediation, ESSIA, Chapter I; AMENDATORY SECTION (Amending Order 88-6, filed 6153 Migrant, ESSIA, Chapter 1; 1/8/88) 6162 Refugee programs; WAC 392-139-610 Definition-District ten percent 6176 Targeted assistance, ESSIA, Chapter 2, P.L. 100- levy rate. As used in this chapter, "district ten percent levy 297; rate" means the district ten percent levy amount divided by 6177 Mathematics and science; and the district adjusted assessed valuation for taxes collected in 6198 School food services (federal). the ((€ttffeftt)) prior calendar year. (b) The following state and federal allocations are taken from the F-195: NEW SECTION 5200 General purpose direct grants, unassigned; 6100 Special purpose, SPI, unassigned; WAC 392-139-611 Definition-District twelve 6164 Bilingual, Title VII, P.L. 95-561 (SPI); percent levy rate. As used in this chapter, "district twelve 6167 Indian education, JOM; percent levy rate" means the district twelve percent levy 6200 Direct special purpose grants; amount divided by the district adjusted assessed valuation for 6246 Skills center, direct federal grant; taxes collected in the prior calendar year. 6264 Bilingual, Title VII, P.L. 95-561 (direct); 6268 Indian education, P.L. 92-318; and AMENDATORY SECTION (Amending Order 88-6, filed 6998 USDA commodities. 1/8/88) AMENDATORY SECTION (Amending Order 18, filed WAC 392-139-615 Definition-State-wide average ten percent levy rate. As used in this chapter, "state-wide 11122/89, effective 12/23/89) average ten percent levy rate" means ten percent of the total WAC 392-139-320 Determination of maximum excess levy bases for the next calendar year determined excess levy percentage. (1) For 1994 and 1995, each school pursuant to WAC 392-139-310 ((s1:1mmee)) for all school district's maximum excess levy percentage equals the districts divided by the total adjusted assessed valuation for district's 1993 excess levy percentage plus four percent (e.g., all school districts for taxes collected in the ((€ttffeftt)) prior 21.5% plus 4% equals 25.5%). calendar year. (2) For 1993, 1996 and thereafter, the superintendent of public instruction shall calculate each school district's NEW SECTION maximum excess levy percentage ((for the Reitt ealeRear WAC 392-139-616 Definition-State-wide average ;i-ettr)) as the greater of twenty percent or the percentage calculated as follows: twelve percent levy rate. As used in this chapter, "state- ((f+t)) ill Multiply the district's excess levy base wide average percent levy rate" means twelve percent of the total excess levy bases determined pursuant to WAC 392- determined pursuant to WAC 392-139-310 by_;_ 139-310 for all school districts divided by the total adjusted (i) For 1993, 1997 and thereafter, the school district's assessed valuation for all school districts for taxes collected maximum excess levy percentage for the ((ettfl'eftt)) prior calendar year; in the prior calendar year. ((~))(ii) For 1996, the school district's maximum levy percentage for 1993; AMENDATORY SECTION (Amending Order 18, filed ill Subtract from the result obtained in (a) of this 11/22/89, effective 12/23/89) subsection (((1) of this seetioR)) the school district's levy WAC 392-139-620 Definition-Eligible district- reduction funds for the year of the levy; and 1993, 1996 and thereafter. As used in this chapter, ((~)) i.£2. Divide the result obtained in (b) of this "eligible school district" for 1993, 1996 and thereafter means subsection (((2) of this seetioR)) by the school district's a school district whose ten percent levy rate exceeds the excess levy base. state-wide average ten percent levy rate. NEW SECTION WAC 392-139-606 Definition-District twelve WAC 392-139-621 Definition-Eligible district- percent levy amount. As used in this chapter, "district 1994 and 1995. As used in this chapter, "eligible district" twelve percent levy amount" means the dollar amount in 1994 and 1995 means a school district whose twelve determined for each school district as follows: percent levy rate exceeds the state-wide average twelve ( 1) Perform the calculations pursuant to WAC 392-139- percent levy rate. 300 (1) and (2) to arrive at the school district excess levy authority after excess levy transfers but before subtracting maximum local effort assistance; Permanent [ 262] Washington State Register, Issue 93-21 WSR 93-21-092 AMENDATORY SECTION (Amending Order 88-6, filed AMENDATORY SECTION (Amending Order 92-07, filed 118/88) 9/21192, effective 10/22/92) WAC 392-139-625 Definition-State matching WAC 392-139-676 ((Allaeetian)) Monthly payments ratio-1993, 1996 and thereafter. As used in "this chapter, of local effort assistance--1993, 1996 and thereafter. For "state matching ratio" for 1993, 1996 and thereafter, means ((the)) 1993 ((ealeHdar year)), 1996 and thereafter, the the ratio calculated for each school district as follows: superintendent of public instruction shall distribute local (I) Subtract the state-wide average ten percent levy rate effort assistance moneys pursuant to the schedule provided from the district ten percent levy rate; and in RCW 28A.500.0IO (4)(b). (2) Divide the result by the state-wide average ten percent levy rate. DETERMINATION OF LOCAL EFFORT ASSIS- TANCE FOR 1994 AND 1995 NEW SECTION WAC 392-139-626 Definition-State matching ratio-1994 and 1995. As used in this chapter, "state WAC 392-139-680 Determination of maximum local matching ratio" for 1994 and 1995 means the ratio calculated effort assistance--1994 and 1995. The superintendent of for each school district as follows: public instruction shall calculate maximum local effort (I) Subtract the state-wide average twelve percent levy assistance for each eligible school district for 1994 and 1995 rate from the district twelve percent levy rate; and as follows: (2) Divide the result by the state-wide average twelve (I) Subtract the state-wide average twelve percent levy percent levy rate. rate from the district twelve percent levy rate; (2) Divide the result of subsection (I) of this section by DETERMINATION OF LOCAL EFFORT ASSIS- the district twelve percent levy rate; T AN CE FOR 1993, 1996 AND THEREAFTER (3) Multiply the result of subsection (2) of this section by the district twelve percent levy amount; AMENDATORY SECTION (Amending Order 18, filed (4) Multiply the result of subsection (3) of this section 11/22/89, effective 12/23/89) by the proration percentage determined pursuant to WAC 392-139-690; WAC 392-139-660 Determination of maximum local (5) Add the result of subsection (4) of this section and effort assistance--1993, 1996 and thereafter. The superin- the district's safety net allocation for the year determined tendent of public instruction shall calculate maximum local pursuant to WAC 392-139-685. This amount is the district's effort assistance for each eligible school district for ((the maximum local effort assistance. fle*t)) calendar years 1993, 1996 and thereafter as follows: (I) Subtract the state-wide average ten percent levy rate NEW SECTION ((fer tlte neitt ealeHdar year)) from the district ten percent levy rate ((fer tlte Hext ealendar year)); WAC 392-139-681 Determination of local effort (2) Divide the result obtained in subsection (I) of this assistance allocations-1994 and 1995. Each district's section by the district ten percent levy rate ((fer tlte neitt local effort assistance allocation for 1994 and 1995 shall be ealendar )·ear)); and calculated as follows: (3) Multiply the result obtained in subsection (2) of this (I) Determine local effort assistance before proration by section by the district ten percent levy amount ((fer tlte neilt taking the lesser of the district's maximum local effort ealendar year)). assistance before proration or the district's state matching ratio times the district certified excess general fund levy. AMENDATORY SECTION (Amending Order 18, filed (2) Multiplying the result of subsection (I) of this 11122/89, effective 12/23/89) section by the proration percentage pursuant to WAC 392- 139-690. WAC 392-139-670 Local effort assistance (3) Add the result of subsection (2) of this section and allocations-1993, 1996 and thereafter. The superinten- the district's safety net allocation calculated pursuant to dent of public instruction shall calculate each eligible school WAC 392-139-685. This amount is the district's local effort district's local effort assistance entitlement for 1993, 1996 assistance allocation for the year. and thereafter as the lesser of the following amounts: (I) The school district's certified excess levy for the NEW SECTION calendar year as reported to the superintendent of public instruction pursuant to WAC 392-139-665 times the school WAC 392-139-685 Determination of safety net district's state matching ratio for the calendar year calculated allocations. Each school district's safety net allocation for pursuant to WAC 392-139-625; or 1994 and 1995 shall be calculated as follows: (2) The school district's maximum local effort assistance (I) Determine the actual 1991-93 state biennium local for the calendar year calculated pursuant to WAC 392-139- effort allocations by adding: 660. 45% of the actual 1991 allocation, I 00% of the actual 1992 allocation, and 55% of the actual 1993 allocation. [ 263] Permanent WSR 93-21-092 Washington State Register, Issue 93-21 (2) Determine 96.5% of the 1991-93 allocations by April 54.55% multiplying the result of subsection (I) of this section by May 41.82% 0.965. June 3.63% (3) Calculate the local effort assistance allocations that would have ·been made during the 1993-95 biennium under the law in effect January 1, 1993, (i.e., using the formula for NOTIFICATION ((PROVISIONS)), PETITIONS AND 1993 local effort assistance provided in this chapter). When REQUESTS FOR REVIEW performing calculations for 1994, assume that local effort assistance will be equal in calendar years 1994 and 1995 NEW SECTION unless it is known to be otherwise. (4) Determine the 1993-95 biennium local effort WAC 392-139-901 Petitions for levy base adjust· ments. School districts may request levy base adjustments assistance allocation by adding: as follows: 45% of the actual 1993 allocation, (I) At any time prior to September 15 of the priOI 100% of the 1994 allocation, and 55% of the 1995 allocation. calendar year, two or more school districts may petition the (a) For 1994, the 1994 allocation excludes safety net superintendent of public instruction to transfer levy base moneys and the 1995 allocation is assumed to equal the revenu.es between school districts for revenues generated by 1994 allocation unless it is known to be otherwise. nonresident students served in an interdistrict cooperative fo1 which no transfer is made pursuant to WAC 392-139-330 01 (b) For 1995, the 1994 allocation includes safety net 392-139-340. The petition shall state the revenue account(s) moneys and the 1995 allocation excludes 1995 safety net and dollar amounts to be transferred to and from each moneys. district. Net transfers for all districts shall equal zero. The (5) If the result of subsection (3) of this section exceeds petition shall be signed by the superintendent or authorized the result of subsection (1) of this section and the result of official of each participating school district. If the superin- subsection (4) of this section is less than the result of subsection (2) of this section then the district is eligible for tendent of public instruction finds that revenues were safety net moneys. generated by services to nonresident students each district's (a) For 1994 and eligible district's safety net allocation levy base shall be adjusted accordingly. equals 64.5% (100/155) of the difference between the result (2) At any time prior to September 15 of the priOI of subsections (2) and (4) of this section. calendar year, a school district may petition the superinten- (b) For 1995 an eligible district's safety net allocation dent of public instruction to credit school district revenues which have been redirected to an educational service distric1 equals 100% of the difference between the results of to the school .district levy base. The petition shall be signed subsections (2) and (4) of this section. by the supenntendent or authorized official of the school district and the educational service district. If the superin- NEW SECTION tendent of public instruction finds that revenues were WAC 392-139-690 Determination of proration generated by resident students of the school district, revenues percentages. The superintendent of public instruction shall shall be credited to the school district levy base accordingly. prorate local effort assistance allocations as necessary for 1994 and 1995 in order to reduce total local effort assistance NEW SECTION allocations for the 1993-95 state biennium (July 1, 1993, WAC 392-139-902 Requests for review. At any time through June 30, 1995,) to the level provided in the state prior to October 15 of the prior calendar year, a school Operating Appropriations Act. In determining the necessary di~trict may request review of calculations made pursuant tc 1994 proration percentage the superintendent of public this chapter. The request shall be in writing and shall be instruction shall assume that total local effort assistance eligibility for 1994 and 1995 is equal. signed by the school district superintendent or authorized official. The superintendent of public instruction will revie\'i calculations and respond to the district on or before Novem· NEW SECTION ber 1. WAC 392-139-691 Monthly payments of local effort . assistance--1994 ~nd 1995. (1) For 1994 the superinten- REPEALER dent of public instruction shall distribute local effort assis- tance moneys with monthly apportionment payments The following sections of the Washington Administra· pursuant to the schedule provided in RCW 28A.500.010 tive Code are repealed: (4)(b). WAC 392-139-056 Definition-Current calendar (2~ F~r the 1995 the superintendent-of public instruction year. shall d1stnbute local effort assistance moneys as follows: WAC 392-139-057 Definition-Next calendar year. (a) Local effort assistance allocations excluding the WAC 392-139-675 Allocation of local effort safety net allocation shall be distributed pursuant to the assistance-1992 Calendar schedule provided in RCW 28A.500.010 (4)(b). year. (b) Safety net moneys determined pursuant to WAC 392-139-685 shall be distributed with monthly apportionment payments pursuant to the following schedule: Permanent [ 264] Washington State Register, Issue 93-21 WSR 93-21-011 WSR 93-21-012 EMERGENCY RULES DEPARTMENT OF FISHERIES [Order 93-119-Filed October 8, 1993, 3: 19 p.m.] [Order 93-118-Filed October 8, 1993, 3:20 p.m .• effective October 10, 1993, 12:01 a.m.] Date of Adoption: October 8, 1993. Purpose: Commercial fishing regulations. Date of Adoption: October 8, 1993. Citation of Existing Rules Affected by this Order: Purpose: Commercial fishing regulations. Amending WAC 220-32-059. Citation of Existing Rules Affected by this Order: Statutory Authority for Adoption: RCW 75.08.080. Repealing WAC 220-47-910. Pursuant to RCW 34.05.350 the agency for good cause Statutory Authority for Adoption: RCW 75.08.080. finds that immediate adoption, amendment, or repeal of a Pursuant to RCW 34.05.350 the agency for good cause rule is necessary for the preservation of the public health, finds that immediate adoption, amendment, or repeal of a safety, or general welfare, and that observing the time rule is necessary for the preservation of the public health, requirements of notice and opportunity to comment upon safety, or general welfare, and that observing the time adoption of a permanent rule would be contrary to the public requirements of notice and opportunity to comment upon interest. adoption of a permanent rule would be contrary to the public Reasons for this Finding: Harvestable numbers of interest. chinook and coho salmon are available in the Klickitat River. Reasons for this Finding: Closure of Area 60 necessary This regulation is consistent with the current Yakima Indian to ensure escapement of coho salmon destined for the Nation regulations. Dungeness River. Openings in Areas 7 and 7 A provide Effective Date of Rule: Immediately. opportunity to harvest nontreaty share of Canadian-origin October 8, 1993 chum according to preseason schedule. Opening in Area 7B Judith Freeman provides opportunity to harvest nontreaty allocation of coho Deputy salmon destined for the Nooksack-Samish region of origin. for Robert Turner The gillnet mesh size restriction and purse seine chinook Director release requirement, and in-season area restriction continue to be necessary to reduce chinook impacts. Opening in Area NEW SECTION 9A provides opportunity to harvest nontreaty share of Hood Canal hatchery-origin coho. All other Puget Sound areas are WAC 220-32-05900T Klickitat River - Salmon. closed to prevent overharvest of local salmon stocks. Notwithstanding the provisions of WAC 220-32-051, 220-32- Effective Date of Rule October 10, 1993, 12 01 a.m 052, 220-32-053, and 220-32-059, effective immediately, it October 8, 1993 is unlawful for a person to take or possess salmon, shad or Judith Freeman sturgeon taken for commercial purposes from the waters of Deputy the Klickitat River, except those individuals possessing treaty for Robert Turner fishing rights under the Yakima treaty may fish or possess Director salmon under the following provisions: (I) OPEN TIME PERIODS: NEW SECTION Open 6 00 a.m. Wednesday to 6 00 p.m. Saturday of each week from October 6 through December 4, 1993. WAC 220-47-911 Puget Sound all-citizen commer- (2) OPEN AREA: cial salmon fishery. Notwithstanding the provisions of Those waters of the Klickitat River between the swing- Chapter 220-47 WAC, effective 12:01 a.m. Sunday October ing bridge, approximately one and one-half miles upstream 10th, 1993 until further notice, it is unlawful to take, fish from the mouth, and a monument located 25 feet down- for, or possess salmon or Atlantic salmon for commercial stream from the entrance to the upper Klickitat Falls purposes taken from the following Puget Sound Salmon Fishway (No. 5). Management and Catch Reporting Areas except in accor- (3) ALLOWABLE GEAR: dance with the following open periods and mesh and area (a) Commercial fishing may be conducted with dipnets, restrictions: setbag nets, or hook and line with bait or lures. * Areas 7 and 7A - Reef nets may fish from 7:00 a.m. to (b) Snagging or fish is prohibited. 7:00 p.m. daily, Sunday through Saturday October 10, (4) ALLOWABLE SALES: 11, 12, 13, 14, 15, and 16. All coho are required to be Only salmon and steelhead taken within the fishing area released unharmed. described above may be sold. All fish must be sold within * Area 7B - Gillnets using 5-inch minimum, 6-inch one mile of the Klickitat Falls fishing area. maximum mesh and purse seines using the 5-inch strip may fish continuously until 4:00 p.m. Friday October Reviser's note: The typographical error in the above section occurred 22. Purse seines must release all chinook. In addition in the copy filed by the agency and appears in the Register pursuant to the to the exclusion zones described in WAC 220-47-307, requirements of RCW 34.08.040. Area 7B is closed south of a line projected from Governors Point to the most northerly point of Vendovi Island. [ 1 ] Emergency WSR 93-21-012 Washington State Register, Issue 93-21 * Area 9A - Will be open to gillnets and skiff gillnets WSR 93-21-018 using 5-inch minimum mesh from 6:00 a.m. Monday EMERGENCY RULES October 11 through 4:00 p.m. Friday October 15. DEPARTMENT OF FISHERIES * Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7C, 7D, 7E, 8, 8A, 8D, [Order 93-121-Filed October 11, 1993, 4:17 p.m.] 9, 10, JOA, IOC, IOD, IOE, IOF, JOG, 11, I IA, 12, Date of Adoption: October 11, 1993. 12A, 12B, 12C, 12D, 13, 13A, 13C, 13D, 13E, 13F, Purpose: Commercial fishing regulations. I 3G, I 3H, l 3I, I 3J, and I 3K, all freshwater areas, and Citation of Existing Rules Affected by this Order: exclusion zones provided for in WAC 220-47-307 Repealing WAC 220-33-0IOOOS. except as modified herein - Closed. Statutory Authority for Adoption: RCW 75.08.080. Pursuant to RCW 34.05.350 the agency for good cause REPEALER finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, The following section of the Washington Administrative safety, or general welfare, and that observing the time Code is repealed: requirements of notice and opportunity to comment upon WAC 220-47-910 Puget Sound all-citizen com- adoption of a permanent rule would be contrary to the public mercial salmon fishery. (93- interest. 114) Reasons for this Finding: Harvestable numbers of fall chinook and coho salmon are available in the Columbia River. This rule is consistent with the actions of the October 7, 1993, meeting of the Columbia River Compact. WSR 93-21-013 Effective Date of Rule: Immediately. EMERGENCY RULES October 11, 1993 DEPARTMENT OF FISHERIES Judith Freeman [Order 93-120-Filed October 8, 1993, 3:21 p.m., effective October 11, Deputy 1993, 12:01 a.m.] for Robert Turner Date of Adoption: October 8, 1993. Director Purpose: Personal use rules. Citation of Existing Rules Affected by this Order: NEW SECTION Amending WAC 220-57-340. WAC 220-33-0lOOOT Columbia River salmon Statutory Authority for Adoption: RCW 75.08.080. seasons below Bonneville. Notwithstanding the provisions Pursuant to RCW 34.05.350 the agency for good cause of WAC 220-33-010, 220-33-020, and 220-33-030, it is finds that immediate adoption, amendment, or repeal of a unlawful for a person to take or possess salmon, shad or rule is necessary for the preservation of the public health, sturgeon taken for commercial purposes from Columbia safety, or general welfare, and that observing the time River SMCRA IA, IB, IC, ID and IE except as provided requirements of notice and opportunity to comment upon in the following subsections. adoption of a permanent rule would be contrary to the public FISHING PERIODS interest. I) 6 00 p.m. October 11, 1993 to 6 00 p.m. October 13, Reasons for this Finding: Extreme low flows exist and 1993, and 6 00 p.m. October 18, 1993 to 6 00 p.m. October this regulation is necessary to prevent snagging and an 20, 1993 in SMCRA IA, 1B and IC. unruly fishery. 6 00 p.m. October 10, 1993 to 6 00 p.m. October 13, Effective Date of Rule October 11, 1993, 12 01 a.m 1993 and 6 00 p.m. October I 0, 1993 to 6 00 p.m. October October 8, 1993 13, 1993 in SMCRA ID and IE. Judith Freeman During the fishing periods provided for in this subsec- Deputy tion, sturgeon may not be retained for commercial purposes for Robert Turner and shall be returned immediately to the water. Director GEAR (2) It is unlawful to fish for salmon, shad and sturgeon NEW SECTION with gill net gear that: WAC 220-57-34000G Nemah River. (North) (a) exceeds 1,500 feet in length along the corkline; Notwithstanding the provisions of WAC 220-57-340, (b) is constructed of monofilament webbing; and effective 12:01 a.m. Monday, October 11, 1993 until further (c) has lead or weight on the leadline that exceeds two notice, it is unlawful to fish for or possess salmon taken for pounds in any one fathom, measurement to be taken along personal use from those waters of the Nemah River down- the corkline of the net; and stream of lower bridge on deadend lower Nemah Road to the (d) the mesh size is less than 5 inches or greater than 9 Highway 101 Bridge. 114 inches stretch measure. (3) It is unlawful to gaff a sturgeon. SANCTUARIES (4) During the season provided for in subsection I of this section, the following sanctuaries, as defined in WAC 220-33-005, are closed to fishing: Emergency [ 2] Washington State Register, Issue 93-21 WSR 93-21-018 Grays River of the Mortgage Brokers Practices Act, the Consumer Cowlitz River Protection Act, or state or federal securities laws. Elokomin-A (2) A "branch office" is defined as a fixed physical Kalama-A location such as an office, separate from the principal place Lewis-A of business of the licensed mortgage broker, where a Washougal River licensee holds itself out to the public as acting as a mortgage Sandy River and broker. "Hold out to the public" means advertising or all tributaries flowing into the Columbia River. otherwise informing the public that mortgage loans are made or negotiated at that location, or listing that location on REPEALER business cards, stationery, brochures, rate lists or other promotional items, but does not include listing a home or Effective immediately, the following section of the mobile telephone number on business cards or stationery in Washington Administrative Code is repealed: addition to listing the telephone number of a licensed place WAC 220-33-0IOOOS Columbia River salmon seasons of business. below Bonneville (93-109) (3) A "principal" of any partnership, company, associa- tion or corporation is defined as any person who owns a ten percent interest or more in the partnership, company, association or corporation. WSR 93-21-022 EMERGENCY RULES NEW SECTION DEPARTMENT OF FINANCIAL INSTITUTIONS WAC 50-60-020 Statutory exemptions. (I) The [Filed October 12, 1993, I :25 p.m.] following are exempt from all provisions of these rules, with the exception of those who must comply with RCW Date of Adoption: October I 2, 1993. 19.146.0201 according to RCW 19.146.020(2): Purpose: To implement a new act (Mortgage brokers (a) Any person doing business under the laws of this and loan originators-Licensing) passed by the 1993 state or the United States relating to commercial banks, bank legislature. holding companies, savings banks, trust companies, savings Statutory Authority for Adoption: Section 9, chapter and loan associations, credit unions, consumer loan compa- 468, Laws of 1993. nies, insurance companies, or real estate investment trusts as Pursuant to RCW 34.05.350 the agency for good cause defined in 26 U.S.C. Sec. 856 and the affiliates, subsidiaries, finds that immediate adoption, amendment, or repeal of a and service corporations thereof; rule is necessary for the preservation of the public health, (b) An attorney licensed to practice law in this state safety, or general welfare, and that observing the time who is not principally engaged in the business of negotiating requirements of notice and opportunity to comment upon residential mortgage loans when such attorney renders adoption of a permanent rule would be contrary to the public services in the course of his or her practice as an attorney; interest. (c) Any person doing any act under order of any court; Reasons for this Finding: Statutory authority to license (d) Any person making or acquiring a residential mortgage brokers was not transferred to the Department of mortgage loan solely with his or her own funds for his or Financial Institutions until the department was created on her own investment without intending to resell the residential October I, 1993. Emergency promulgation of these rules is mortgage loans; necessary so that the department can begin to issue licenses (e) A real estate broker or salesperson licensed by the to mortgage brokers as required by law. state who obtains financing for a real estate transaction Effective Date of Rule: Immediately. involving a bona fide sale of real estate in the performance October 12, 1993 John L. Bley of his or her duties as a real estate broker and who receives only the customary real estate broker's or salesperson's Director commission in connection with the transaction; (f) Any mortgage broker approved and subject to Chapter 50-60 WAC auditing by the Federal National Mortgage Association, the MORTGAGE BROKERS AND LOAN ORIGINA- Government National Mortgage Association, or the Federal TORS-LICENSING Home Loan Mortgage Corporation; (g) Any mortgage broker approved by the United States NEW SECTION Secretary of Housing and Urban Development for participa- WAC 50-60-010 Definitions. (I) "Material litigation" tion in any mortgage insurance program under the National is defined as any past or pending litigation which would be Housing Act, 12 U.S.C. Sec. 1701, as now or hereafter relevant to the director's ruling on an application for a amended; mortgage brokerage license, including but not limited to the (h) The United States of America, the state of Washing- following types of litigation: ton, any other state, and any Washington city, county, or (a) Any previous convictions for a felony in the last other political subdivision, and any agency, division, or seven years or currently pending felony charges. corporate instrumentality or any of the entities in this (b) Any previous or pending civil actions involving subsection (I )(h); and financial misconduct, including but not limited to violations [ 3] Emergency WSR 93-21-022 Washington State Register, Issue 93-21 (i) A real estate broker who provides information only (c) Loan officer, with responsibility primarily for loans in connection with a CLO system, who may receive a fee for secured by lien interests on real estate; such information in an amount approved by the director and (d) Branch manager of lender, with responsibility who conforms to all rules of the director with respect to the primarily for loans secured by lien interest on real estate. providing of such service. (e) Mortgage broker with license from another state (2) Those persons otherwise exempt under subsection whose licensing standards are determined by the director to (I )(f), (g), and (i) of this section must comply with RCW be substantially similar to this state. 19.146.0201. (2) An applicant who is currently active and licensed as a real estate broker in Washington or a state with similar NEW SECTION licensing requirements, and who has at least two years of WAC 50-60-030 Application procedure for mortgage experience as a real estate broker, and who has completed a training course approved by the director covering all laws broker license. Each person, as defined in RCW and regulations applicable to the business of mortgage 19.146.010(8), desiring to obtain licensure as a mortgage brokering will be judged to meet the experience requirements broker shall apply to the director by submitting the follow- as expressed in RCW 19.146.210 (l)(e). ing: (I) An application shall be made in the form prescribed by the director. NEW SECTION (2) The applications described in subsection (I) of this WAC 50-60-050 Access to criminal history informa- section must be accompanied by: tion. (1) The director may review the criminal conviction (a) A surety bond or equivalent as described in RCW record that is maintained by any federal, state or local law 19.146.205 (3)(a), (b), or (c). enforcement agency relating to: (b) Payment to the director of five hundred dollars for (a) An applicant for a license under this article; or each application as a license fee to cover the costs of (b) Any principal of a partnership, company, association investigation and processing of the application, and otherwise or corporate applicant for a license under this article. enforcing this chapter. (2) The director may refuse to grant a license or may (3) Each principal of an applicant that is a corporation suspend or revoke a license if the applicant, licensee, or any or a partnership, or the owner if the applicant is unincorpo- principal of a partnership, company, association or corporate rated, shall complete and submit the following with the applicant, fails to provide a complete set of fingerprints and application: a recent photograph on request. (a) Biographical information including complete and accurate employment history and a description of any NEW SECTION material litigation for the preceding seven years. WAC 50-60-060 License fee. New license. (b) An independent credit report obtained from a (I) For each application for a Washington mortgage recognized credit reporting agency. (c) A signed authorization for a background investiga- broker license, the director shall receive and there shall be tion. paid to the director prior to issuance of the license a (d) A completed fingerprint card accepted by the nonrefundable license fee of five hundred dollars to cover the license period stated on the license. Washington state patrol. (2) For each application for a Washington mortgage (4) Notwithstanding any other provision of these rules, broker branch office license, the director shall receive and the director may deny an application as incomplete if the there shall be paid to the director prior to issuance of the applicant fails within ten business days to meet a second request from the director for information, except that the license a nonrefundable license fee of one hundred dollars to director may grant an extension to the applicant when good cover the license period as stated on the license. cause is shown. An example of good cause may include, but NEW SECTION shall not be limited to, death or incapacitating illness of the preparer, or other catastrophic occurrence. Denial under WAC 50-60-070 Branch office application proce- such circumstances shall not affect new applications filed dure. Application may be made for branch office licenses after the denial. Following denial on such grounds and upon in a form specified by the director. However, the branch submission of an additional license fee, an applicant may manager of each branch office must be a licensed mortgage reapply. broker, and therefore must complete a separate application for a mortgage broker license as required by WAC 50-60- NEW SECTION 030 if he or she is not already licensed. This will require WAC 50-60-040 Experience requirements. (1) An surety bond or equivalent as described in RCW 19.146.205 (3)(a), (b), or (c). applicant who has two years of experience in the following categories shall be judged to meet the experience require- ments for licensing as expressed in RCW 19.146.210 (l)(e): NEW SECTION (a) Mortgage broker, or responsible individual or branch WAC 50-60-080 Surety bond for applicants engag- manager; ing in the business of a mortgage broker. (I) A licensee (b) Mortgage banker, or responsible individual or branch engaged in the business of a mortgage broker shall obtain manager; and file with the director prior to licensing a surety bond in the amount of forty thousand dollars issued by a bonding Emergency [ 4 1 Washington State Register, Issue 93-21 WSR 93-21-022 company or insurance company authorized to do business in (d) Clear assignment of the responsibility for maintain- this state. ing and preserving the accounting and other records as (2) In lieu of such surety bond, the applicant may required by RCW 19.146.060 and WAC 50-60-140 to either deposit with the director a certificate of deposit or other time the seller (transferor) or the buyer (transferee). deposit properly assigned to the director for an amount equal (e) Stipulation that the buyer (transferee) is restricted to the required bond. The depositor shall be entitled to from or is authorized to use the seller's (transferor's) receive all interest and dividends thereon, shall have the mortgage broker business name. right, with the approval of the director, to substitute other (f) Clear assignment of the responsibility to either the qualified deposits, and shall be required to do so on written buyer (transferee) or seller (transferor) for providing notifica- order of the director made for good cause shown. tion of the sale or transfer to all of the seller's (transferor's) (3) In lieu of such surety bond, the applicant may clients with loan applications currently in process, or who deposit with the director an irrevocable letter of credit drawn have deposited funds with the seller (transferor), or who in favor of the director for an amount equal to or greater have executed some other form of written agreement with than the required bond. The irrevocable letter of credit must the seller (transferor). The agreement shall also indicate be issued by a bank, savings bank, savings and loan associa- which party is responsible for notifying all third-party tion, or credit union in this state as such applicant may service providers for whom the seller or transferor is holding designate and the director may approve. deposits from borrowers to pay fees for their services. (4) The surety bond or approved equivalents listed in (3) Whenever a licensee that is a partnership or corpora- subsections (I), (2), and (3) of this section are subject to the tion intends to sell or otherwise transfer a controlling interest provisions of RCW I 9.146.240. in a licensed mortgage broker company or business, the seller (transferor) and buyer (transferee) will insure that there NEW SECTION is incorporated within the body of the sale agreement or document of transfer appropriate clauses that set forth WAC 50-60-090 License standards for applicants provisions relative to the following: licensed in other jurisdictions. An applicant licensed in (a) Stipulation that the buyer (transferee) is responsible other jurisdictions is required to follow the application for obtaining a valid Washington state mortgage broker procedure as stated in WAC 50-60-030. license prior to completion of the sale or transfer. (b) Stipulation that the buyer (transferee) is responsible NEW SECTION for obtaining the appropriate surety bond, or acceptable WAC 50-60-100 License standards for associations. alternative, and filing such surety bond or acceptable Since all members of an association are legally responsible alternative with the director prior to completion of the sale for actions of an association, all members of an association or transfer. must complete an application for licensing and must meet (c) Clear assignment of the responsibility for all the criteria for licensing as set forth in chapter 19.146 RCW payments due to customers and third-party service providers and chapter 50-60 WAC. on or before the effective date of the sale to either the seller (transferor) or the buyer (transferee). NEW SECTION (d) Clear assignment of the responsibility for maintain- ing and preserving the accounting and other records as WAC 50-60-110 Sale, transfer, or change of control required by RCW 19.146.060 and WAC 50-60-140 to either of a licensed mortgage broker agency or business. (I) A the seller (transferor) or the buyer (transferee). Washington state mortgage broker license is not transferable (e) Stipulation that the buyer (transferee) is restricted or assignable. from or is authorized to use the seller's (transferor's) (2) Whenever a licensee who is a sole proprietorship mortgage broker business name. intends to sell or otherwise transfer their interest in a . (f) Clear assignment of the responsibility to either the licensed mortgage broker company or business, the seller buyer (transferee) or seller (transferor) for providing notifica- (transferor) and buyer (transferee). will insure that there is tion of the sale or transfer to all of the seller's (transferor's) incorporated within the body of the sale agreement or clients with loan applications currently in process, or who document of transfer appropriate clauses that set forth have deposited funds with the seller (transferor), or who provisions relative to the following: have executed some other form of written agreement with (a) Stipulation that the buyer (transferee) is responsible the seller (transferor). The agreement shall also indicate for obtaining a valid Washington state mortgage broker which party is responsible for notifying all third-party license prior to completion of the sale or transfer. service providers for whom the seller or transferor is holding (b) Stipulation that the buyer (transferee) is responsible deposits from borrowers to pay fees for their services. for obtaining the appropriate surety bond, or acceptable (4) Whenever there is a change in a principal of a alternative, and filing such surety bond or acceptable licensee that is a corporation or partnership, the licensee alternative with the director prior to completion of the sale must provide the director with all information required of a or transfer. principal when an application is made for a mortgage (c) Clear assignment of the responsibility for all brokers license as specified in WAC 50-60-030. The payments due to customers and third party service providers director shall make a determination, prior to completion of on or before the effective date of the sale to either the seller the sale, whether the proposed new principal in the licensee (transferor) or the buyer (transferee). meets the requirements which must be met to be licensed as a mortgage broker as specified in RCW 19 .146.210. [ 5 ] Emergency WSR 93-21-022 Washington State Register, Issue 93-21 NEW SECTION WAC 50-60-120 Employees of licensed mortgage WAC 50-60-160 License denial. (1) The director may broker. RCW 19.146.200 prohibits a person from engaging deny, suspend or condition a license if the licensee, any in the business of a mortgage broker without first obtaining principal of any corporate or partnership licensee, or the and maintaining a mortgage broker license, except as an owner if the applicant is unincorporated: employee of a person licensed or exempt from licensing. (a) Has not paid the required license fee; For the purpose of licensing of mortgage brokers, an (b) Has not posted the required bond or otherwise employee is defined as any individual who has an employ- complied with RCW 19.146.205; ment relationship, acknowledged by both the employee and (c) Has had any license issued under chapter 468, Laws the licensee, where the individual is treated as an employee of 1993, or any similar statute of this or any other state by the licensee for purposes of compliance with federal suspended, revoked, or restricted within five years of the income tax laws. filing of the present application; (d) Has been convicted of a felony within seven years NEW SECTION of the filing of this application; (e) Has failed to demonstrate financial responsibility, WAC 50-60-130 Disclosures required to borrower. character, and general fitness such as to command the Disclosures required by RCW 19.146.030 (1), (2)(c), (d), (e), confidence of the community and to warrant a belief that the and (f) shall be made in the form approved by the director. business will be operated honestly, fairly, and efficiently within the purposes of this chapter; NEW SECTION (f) Has misrepresented or concealed material facts in WAC 50-60-140 Recordkeeping requirements. Each obtaining a mortgage brokers license or in reinstatemen1 mortgage broker required to be licensed by chapter 468, thereof; Laws of 1993, shall retain the original contract for the (g) Has violated the provisions of the Mortgage Broke1 broker's compensation, an accounting of all funds received Practices Act, the rules promulgated pursuant to that act, OI in connection with the loan, a copy of the settlement the Consumer Protection Act; statement as provided to the borrower if the loan closed, a (h) Has had the surety bond required for licensure record of any fees refunded to the applicant if the loan did canceled; not close, copies of the good faith estimate and all other (i) Has allowed the licensed mortgage brokerage written disclosures, and all other correspondence, papers or business to deteriorate into a condition which would resul1 records relating to the loan application for a minimum of six in denial of a new application for a license; years after a mortgage application is received. These records (j) Has aided or abetted an unlicensed person to practice shall be retained in all cases where a mortgage application if a license is required; has been received, any deposits or fees associated with a (k) Has demonstrated incompetence or negligence tha1 mortgage application have been accepted, or any written results in injury to a person or that creates an unreasonable agreement has been executed. risk that a person may be harmed; (I) Is insolvent in the sense that the value of the NEW SECTION applicant's or licensee's liabilities exceed their assets or in the sense that the applicant or licensee cannot meet thei1 WAC 50-60-150 Disclosure of significant develop- obligations as they mature; ments. (1) A licensee shall be required to notify the director (m) Has failed to comply with an order issued by the in writing within thirty days of the occurrence of any of the director, or his or her designee, or an assurance of discon- following significant developments: tinuance entered into with the director, or his or he1 (a) Licensee filing for bankruptcy or reorganization. designee; (b) Notification of license revocation procedures in any (n) Has performed an act of misrepresentation or frauc state against the licensee. in any aspect or the conduct of the mortgage brokerage (c) The filing of a felony indictment related to mortgage business or profession; brokering activities of licensee, officer, director, or principal. (o) Has failed to cooperate with the director, or his OI (d) A licensee, officer, director, or principal beiryg her designee, by: convicted of a felony. (i) Not furnishing any necessary papers or document~ (e) Notification of cancellation of the licensee's surety requested by the director for purposes of conducting ar bond as required for licensing, or any significant decline in investigation for disciplinary actions or denial, suspension value of any alternative to the surety bond held by the or revocation of a license under this chapter; director. (ii) Not furnishing any necessary papers or document~ (f) The filing of any material litigation against the requested by the director for purposes of conducting ar licensee. investigation into a complaint against the licensee filed witt (g) A sale, transfer, or change of control of a licensed the department, or providing a full and complete writter mortgage broker agency or business. explanation of the circumstances of the complaint upor (2) A licensee shall be required to notify the director in request by the director; writing ten days prior to a change of business location. (iii) Not responding to subpoenas issued by the director whether or not the recipient of the subpoena is the accusec in the proceeding; or Emergency [ 6] Washington State Register, Issue 93-21 WSR 93-21-022 (p) Has interfered with an investigation or disciplinary (f) The applicant is insolvent in the sense that the value proceeding by willful misrepresentation of facts before the of the applicant's liabilities exceed the value of their assets, director or the director's authorized designee, or by the use or in the sense that the applicant cannot meet their obliga- of threats or harassment against a client, witness, employee tions as they mature; of the licensee, or authorized representative of the director (g) The person has not demonstrated an acceptable level for the purpose of preventing them from discovering evi- of knowledge of all laws and regulations applicable to the dence for, or providing evidence in, any disciplinary pro- business of mortgage brokering through compliance with the ceeding or other legal action. experience and educational requirements set forth in WAC (2) The director may deny, suspend or condition a 50-60-040; or license if the owner, if the applicant is a sole proprietorship; (h) The applicant has violated the requirements of the the general partner(s), if the applicant is a partnership; or the Mortgage Brokers Practices Act, the rules promulgated chief executive officer, if the applicant is a corporation; does pursuant to that act, or the Consumer Protection Act. not have the required two years of experience in the residen- tial mortgage loan industry as defined in WAC 50-60~040. NEW SECTION (3) The director may not issue a license if he or she WAC 50-60-170 Transitional rule. Pursuant to the finds that the applicant, or any person who is a director, authority granted under RCW 19.146.210(3), the director officer or principal of the applicant, has within the previous declares the effective date of the licensing requirement seven years been convicted of a felony in any jurisdiction or expressed in RCW 19.146.200 to be extended to November of a crime which, if committed within this state, would 30, 1993. Businesses engaged in mortgage brokering and constitute a felony under the laws of this state. For the required to be licensed under chapter 468, Laws of 1993, purposes of this rule, a person shall be deemed to have been may file an application with the director and obtain, upon convicted of a crime if such person shall have pleaded guilty acceptance of the application as complete and a determina- or no contest or nolo contendere or stipulated to facts sufficient to justify a finding of guilt to a charge thereof tion by the director that the applicant meets the verifiable requirements for licensing, an interim license. This interim before a court or federal magistrate, or shall have been found license shall expire on February 28, 1994, unless extended guilty thereof by the decision or judgment of a court or by the director. This section shall be void after July 1, federal magistrate or by the verdict of a jury, irrespective of 1994. the pronouncement of sentence or the suspension thereof, unless such pleas of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person WSR 93-21-033 convicted of the crime shall have received a pardon therefore EMERGENCY RULES from the President of the United States or the governor or DEPARTMENT OF HEALTH other pardoning authority in the jurisdiction where the [Filed October 15, 1993, I 0:34 a.m.] conviction was had, or shall have received a certificate of good conduct granted by the state board of pardons and Date of Adoption: October 14, 1993. paroles pursuant to the provisions of the executive law to Purpose: Continue nursing home certificate of need remove the disability under this subsection because of such moratorium for bed additions and new nursing homes. It conviction. also clarifies those nursing home projects which are not (4) The director may find that a person has failed to affected by the moratorium. It allows the additional time demonstrate financial responsibility, character and general necessary to complete rule development required by changes fitness such as to warrant a belief that the business will be in statute, chapter 70.38 RCW. operated honestly, fairly and efficiently within the purposes Citation of Existing Rules Affected by this Order: of chapter 468, Laws of 1993, whenever: Amending [new section] WAC 246-310-381. (a) The person is or has been subject to an injunction Statutory Authority for Adoption: RCW 70.38.135 issued pursuant to chapter 19.146 RCW, the Mortgage (3)(c). Broker Practices Act, or rules promulgated thereunder, or Pursuant to RCW 34.05.350 the agency for good cause chapter 19.86 RCW, the Consumer Protection Act; finds that state or federal law or federal rule or a federal (b) The person has had a license to engage in a similar deadline for state receipt of federal funds requires immediate business suspended or revoked within the previous seven adoption of a rule. years by any local, state or federal agency within the United Reasons for this Finding: Amendments to chapter 70.38 States, and that license has not been reinstated without RCW changes the way the certificate of need program must restriction; evaluate need for nursing home projects and expands the (c) The person has had a surety bond or an equivalent cost containment criteria. Statute changes were initiated by form of business insurance canceled or revoked for cause in DSHS to allow for expansion of community based programs, the previous two years; such as COPES, which is a Medicaid waiver program. The (d) The person is a defendant in pending material statute changes were effective upon the governor's signature. litigation; Effective Date of Rule: Immediately. (e) The person's independent credit report issued by a October 14, 1993 recognized credit reporting agency indicates a substantial Bruce Miyahara history of unpaid debts; Secretary [ 7) Emergency WSR 93-21-033 Washington State Register, Issue 93-21 NEW SECTION salmon in those areas; and all other Puget Sound areas are closed to prevent overharvest of local salmon stocks. WAC 246-310-381 Nursing home bed need stan- Effective Date of Rule October 17, 1993, 12 01 a.m dards The department is in the process of revising rules to October 15, 1993 reflect amendments to RCW 70.38, which passed as Substi- Robert Turner tute House Bill 2098 with emergency implementation, during Director the 1993 legislative session. In order to allow for planned and orderly development of new rules, which affect the way NEW SECTION the Certificate of Need Program evaluates nursing home projects, no Certificate of Need applications for nursing WAC 220-47-912 Puget Sound all-citizen commer- home bed additions, or the establishment of a new nursing cial salmon fishery. Notwithstanding the provisions of home, shall be accepted until the new rules are adopted. Chapter 220-47 WAC, effective 12:01 a.m. Sunday October This section does not apply to those projects which are 17th, 1993 unti I further notice, it is unlawful to take, fish sponsored by an existing owner/licensee which has operated for, or possess salmon or Atlantic salmon for commercial the nursing home for more than one year and proposes to purposes taken from the following Puget Sound Salmon replace the nursing home in the same planning area with no Management and Catch Reporting Areas except in accor- increase in bed capacity. Additionally, this section does not dance with the following open periods and mesh and area apply to projects applying for nursing home beds from the restrictions: type A CCRC bed pool or the Ethnic Minority Bed Pool. * Areas 7 and 7A - Reef nets may fish from 7:00 a.m. to 7:00 p.m. daily, Monday October 18 to Saturday October 30. All coho are required to be released unharmed. WSR 93-21-035 * Area 7B - Gillnets using 5-inch minimum mesh and EMERGENCY RULES purse seines using the 5-inch strip may fish continuous- DEPARTMENT OF FISHERIES ly until 4:00 p.m. Friday October 22. [Order 93-123-Filed October 15, 1993, I :47 p.m., effective October 17, 1993, 12:01 a.m.] * Area 9A - Will be open to gillnets and skiff gillnets using 5-inch minimum mesh from 6:00 a.m. Monday Date of Adoption: October 15, 1993. October 18 through 4:00 p.m. Friday October 22. Purpose: Commercial fishing regulations. * Areas 10 and 11 - Purse seines using the 5-inch strip Citation of Existing Rules Affected by this Order: may fish from 7 00 a.m. to 7 00 p.m. Monday October Repealing WAC 220-47-911. 18. Gillnets using 6-inch minimum mesh may fish from Statutory Authority for Adoption: RCW 75.08.080. 6 00 p.m. Monday October 18 to 8 00 a.m. Tuesday Pursuant to RCW 34.05.350 the agency for good cause October 19. In addition to the exclusion zones de- finds that immediate adoption, amendment, or repeal of a scribed in WAC 220-47-307, Area I 0 is closed north of rule is necessary for the preservation of the public health, a line projected from Point Wells to the "SF" buoy to safety, or general welfare, and tha! observing the time President Point through October 23, and closed in that requirements of notice and opportunity to comment upon portion of Port Madison west of a line projected 178 adoption of a permanent rule would be contrary to the public degrees true from the light at the end of Indianola dock interest. to the landfall on the south shore of Port Madison. Reasons for this Finding: Closure of Area 6D necessary * Areas 12 and I 2B - Purse seines using the 5-inch strip to ensure escapement of coho salmon destined for the may fish from 7 00 a.m. to 7 00 p.m. daily, Monday Dun"geness River; openings in Areas 7 and 7 A provide and Tuesday October 18 and 19. Gillnets using 6 1/4- opportunity to harvest nontreaty share of Canadian-origin inch minimum mesh may fish from 6 00 p.m. to 8 00 chum according to the provisions of the Chum Annex of the a.m. nightly, Monday and Tuesday October 18 and 19. Pacific Salmon Treaty; opening in Area 7B provides oppor- Purse seines must release all coho in areas 12 and 12B. tunity to harvest nontreaty allocation of coho salmon In addition to the exclusion zones described in WAC destined for the Nooksack-Samish region of origin; opening 220-47-307, Areas 12 and 12B are closed within 1,000 in Area 9A provides opportunity to harvest nontreaty share feet of the eastern shore of Hood Canal. of Hood Canal hatchery-origin coho; openings in Areas I 0 * Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7C, 7D, 7E, 8, 8A, 8D, and I I provide opportunity to harvest nontreaty share of 9, JOA, IOC, IOD, JOE, IOF, JOG, I IA, 12A, 12C, chum salmon destined for the south Puget Sound region of 12D, 13, 13A, 13C, 13D, 13E, 13F, 13G, 13H, 131, 13J, origin. Northern Area I 0 in-season restriction is designed to and I 3K, all freshwater areas, and exclusion zones reduce impacts to nonlocal stocks of coho salmon and provided for in WAC 220-47-307 except as modified juvenile chinook salmon and to provide separation between herein - Closed. commercial fleets, recreational fishers, and ferry traffic. The Port Madison restriction is necessary to reduce impacts on REPEALER local chum stocks; openings in Areas 12 and I 2B provide opportunity to harvest nontreaty share of chum salmon The following section of the Washington Administrative destined for the Hood Canal region of origin. The require- Code is repealed effective 12:01 a.m. October 17, 1993: ment for purse seine release of coho, the modified minimum WAC 220-47-911 Puget Sound all-citizen com- mesh size for gill nets. and the provision to close the eastern mercial salmon fishery. (93- shoreline in Areas 12 and I 2B are necessary to protect coho 118) Emergency [ 8 I Washington State Register, Issue 93-21 WSR 93-21-036 NEW SECTION EMERGENCY RULES DEPARTMENT OF FISHERIES WAC 220-57-38500U Quillayute River. Notwith- [Order 93-122-Filed October 15, 1993, I :49 p.m .. effective October 15, standing the provisions of WAC 220-57-385, effective 11:59 1993, 11 :59 p.m.] p.m. October 15, 1993 through November 30, 1993, it is Date of Adoption: October 15, 1993. unlawful to fish for salmon for personal use in or to possess Purpose: Personal use rules. salmon taken for personal use from the waters of the Citation of Existing Rules Affected by this Order: Quillayute River. Amending WAC 220-57-130, 220-57-135, 220-57-200, 220- 57-385, 220-57-335, 220-57-460, and 220-57-510. NEW SECTION Statutory Authority for Adoption: RCW 75.08.080. WAC 220-57-46000Z Sol Due River. Notwithstand- Pursuant to RCW 34.05.350 the agency for good cause ing the provisions of WAC 220-57-460, effective 11 :59 p.m. finds that immediate adoption, amendment, or repeal of a October 15, 1993 through November 30, 1993, it is unlawful rule is necessary for the preservation of the public health, to fish for salmon for personal use in or to possess salmon safety, or general welfare, and that observing the time taken for personal use from the waters of the Sol Due River. requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public NEW SECTION interest. Reasons for this Finding: The allowable harvest of WAC 220-57-510001 Willapa River Notwithstanding coho salmon has been achieved in the Quillayute watershed the provisions of WAC 220-57-510, effective 11 :59 p.m. and a closure is necessary to protect the escapement. In the October 15, 1993 until further notice it is unlawful to fish Willapa Bay tributaries, low water conditions necessitate for salmon for personal use in or to possess salmon taken for recreational fishery restrictions to ensure orderly fisheries personal use from those waters of the Willapa River down- and address hatchery escapement needs. stream from the mouth of Fork Creek to the Highway 6 Effective Date of Rule October 15, 1993, 11 59 p.m Bridge, approximately 2 miles below the mouth of Trap October 15, 1993 Creek. Robert Turner Director WSR 93-21-044 NEW SECTION EMERGENCY RULES WAC 220-57-13000R Bogachiel River. Notwithstand- DEPARTMENT OF ing the provisions of WAC 220-57-130, effective 11 :59 p.m. SOCIAL AND HEAL TH SERVICES October 15, 1993 through November 30, 1993, it is unlawful ' (Public Assistance) to fish for salmon for personal use in or to possess salmon [Order 3651-Filed October IS, 1993, 4:17 p.m., effective October 16, 1993, 12:01 a.m.] taken for personal use from the waters of the Bogachiel River. Date of Adoption: October 15, 1993. Purpose: Establishes payment rules to correspond with NEW SECTION WAC 388-81-065. Clarifies how payment for co-pay is processed by providers. New WAC 388-87-300 Payment- WAC 220-57-13500P Calawah River. Notwithstand- Co-payment. ing the provisions of WAC 220-57-135, effective 11 :59 p.m. Statutory Authority for Adoption: RCW 74.08.090. October 15, 1993 through November 30, 1993, it is unlawful Pursuant to RCW 34.05.350 the agency for good cause to fish for salmon for personal use in or to possess salmon finds that immediate adoption, amendment, or repeal of a taken for personal use from the waters of the Calawah River. rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time NEW SECTION requirements of notice and opportunity to comment upon WAC 220-57-20000H Dickey River. Notwithstanding adoption of a permanent rule would be contrary to the public the provisions of WAC 220-57-200, effective 11 :59 p.m. interest. October 15, 1993 through November 30, 1993, it is unlawful Reasons for this Finding: Establishes payment rules to to fish for salmon for personal use in or to possess salmon correspond with WAC 388-81-065. taken for personal use from the waters of the Dickey River. Effective Date of Rule October 16, 1993, 12 0 I a.m October 15, 1993 NEW SECTION Dewey Brock, Chief Office of Vendor Services WAC 220-57-33SOOG Naselle River Notwithstanding the provisions of WAC 220-57-335, effective 11 :59 p.m. NEW SECTION October 15, 1993 until further notice it is unlawful to fish for salmon for personal use in or to possess salmon taken for WAC 388-87-300 Payment-Co-payment (I) personal use from those waters of the Naselle River down- Effective September I, 1993, the department shall require a stream from the Big Hill Bridge to the Highway 401 Bridge. co-payment for selected services of the following providers: (a) Physicians; (b) Advanced registered nurse practitioners; [ 9] Emergency WSR 93-21-044 Washington State Register, Issue 93-21 (c) Health departments; (1) Gill net gear may be used to fish for salmon from (d) Podiatrists; 6 00 PM October 18 to 6 00 AM October 19, 1993 in (e) Dentists; SMCRA 2B, 2C and 2D. (f) Dental hygienists; GEAR (g) Optometrists; (2) Gill net gear shall be used as provided in WAC 220- (h) Opticians; and 36-015, except that it shall not contain mesh smaller than 8 (i) Pharmacists. inches stretch measure. (2) The provider shall be responsible for collecting the co-payment amount. (3) Medical assistance administration shall deduct the co-payment amount from the provider reimbursement on the WSR 93-21-055 selected services as described under WAC 388-81-065. EMERGENCY RULES (4) A provider may not deny services to a client unable DEPARTMENT OF REVENUE [Filed October 18, 1993, 4:51 p.m.] to pay the co-payment amount, unless the client has a consistent history of not meeting co-payment responsibility. Date of Adoption: October 18, 1993. The provider's files must document such claim. Purpose: To provide tax reporting information to (5) A provider may not refuse to serve a medical taxpayers engaged in business as tour operators in the assistance administration client subject to the co-payment interim until the rule can be adopted on permanent basis. requirement while continuing to serve a client who is not Citation of Existing Rules Affected by this Order: subject to co-payment requirements. Amending WAC 458-20-258. (6) A pharmacist shall not be subject to the reimburse- Statutory Authority for Adoption: RCW 82.32.300. ment limitations in subsection (3) of this section when a Other Authority: Chapter 25, Laws of 1993 sp. sess. client states the client is unable to pay the co-payment Pursuant to RCW 34.05.350 the agency for good cause amount and the pharmacist documents such claim. 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 WSR 93-21-046 adoption of a permanent rule would be contrary to the public EMERGENCY RULES interest. DEPARTMENT OF FISHERIES Reasons for this Finding: 2ESSB 5967, chapter 25, [Order 93-124-Filed October 18, 1993. I :39 p.m.) Laws of 1993 sp. sess., made tax law changes which took Date of Adoption: October 18, 1993. effect on July I, 1993. Purpose: Commercial fishing regulations. Effective Date of Rule: Immediately. Citation of Existing Rules Affected by this Order: October 18, 1993 Amending WAC 220-36-023. Claire Hesselholt Statutory Authority for Adoption: RCW 75.08.080. Policy Counsel Pursuant to RCW 34.05.350 the agency for good cause Legislation and Policy finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, AMENDATORY SECTION (Amending WSR 90-17-003, safety, or general welfare, and that observing the time filed 8/2/90) requirements of notice and opportunity to comment upon WAC 458-20-258 Travel agents, ((ttftd.)) tour opera- adoption of a permanent rule would be contrary to the public tors, guided tours and guided charters. (I) Introduction. interest. This section describes the business and occupation (B&O) Reasons for this Finding: Harvestable numbers of taxation of travel agents and tour operators. ((TFBvel ageRts chinook and chum salmon are available and there is inade- are taxed at the speeial travel ageRt rate 1:1Rder RCW quate time to promulgate permanent regulation. 82.04.260(10). Te1 1r eperaters are geReFBll)' taxed 1 1Rder the Effective Date of Rule: Immediately. serYiee er ether e1 1siRess elassifieatieR t 1Rder RC'.¥ October 18, 1993 82.04.290. Hewever, the e1 1siRess aetivities ef te1 1r eperaters Judith Freeman may semetimes iRel1:1de aetivities like these ef a tra.,·el ageRt. Deputy This seetieR reeegHiz:es the everlap ef aeti.,·ities aRd taxes for Robert Turner Director theFR eeRsisteRtly.)) The definition of "retail sale" in RCW 82.04.050 was amended in 1993 to include charges for guided tours and guided charters. This change became NEW SECTION effective July I, 1993. This section also discusses the B&O WAC 220-36-02300M Grays Harbor salmon-Fall and retail sales tax liability for guided tours and charters. fishery. Notwithstanding the provisions of WAC 220-36- (2) Definitions: 023, it is unlawful to fish for salmon in Grays Harbor for (a) "Commission" means the fee or percentage of the commercial purposes or to possess salmon taken from those charge or ((-Hteif)) its equivalent, received in the ordinary waters for commercial purposes, except that: course of business as compensation for arranging the service. FISHING PERIOD The customer or receiver of the service, not the person Emergency [ 10 l Washington State Register, Issue 93-21 WSR 93-21-055 receiving the commission, is always responsible for payment (a) ((The grass iHeeFAe ef a tettr everater er a tettr of the charge. evernter ettsiHess is the gress eeFAfflissieHs reeei·,·ed wheH (b) "Pass-through expense" means a charge to a tour the aeti'l·ity is that ef a tra·rel ageHt ettsiHess. operator business where the tour operator is acting as an (i) WheH a tettr everater reeei·1es eefflfflissieHs freffl a agent of the customer and the customer, not the tour opera- third varty sen·iee flFeYider fer all er a flBFt ef the tettr er tor, is liable for the charge. The tour operator cannot be tettr vaekage, the gress iHeeff!e ef the BttSiHess fer that traYel primarily or secondarily liable for the charge other than as egeHt aetivity is the eefflFHissieHs reeeived. agent for the customer. See: WAC 458-20-1 I I Advances (e) HeweYer, if the aetivity is that ef a tettr everater and reimbursements. ettsiHess,)) Tour operators are generally taxed under the (c) "Tour operator business" means a business activity service or other business classification under RCW of providing directly or through third party providers, 82.04.290. Tour operators who directly provide guided tours transportation, lodging, meals, guided tours, and other in this state are taxed under the retailing business classifica- associated services where the tour operator purchases or tion and must collect and remit retail sales tax on the charge itself provides any or all of the services offered, and is itself for the guided tour. Guided tours are discussed in section liable for the services purchased. five below. ((r))Receipts are B&O taxable in the service (d) "Travel agent business" means the business activity classification without any deduction for the cost of materials of arranging transportation, lodging, meals, or other similar used, labor costs, interest, discount, delivery cost, taxes, services which are purchased by the customer and where the losses, or any other expense; EXCEPT, receipts attributable travel agent or agency merely receives a commission for to pass-through expenses are not included as part of the arranging the service. gross income of the business. (e) "Guide" means a person who conducts tours of (i) If pass-through expenses include lodging, meals, specific locations or attractions by providing a narrative of guided tours or other services which are retail sales, the tour the area and/or by directing the participants through the area operator should pay the applicable retail sales tax at source. toured. A guide does not include a person who only serves (b) Gross receipts from other business activities are as a host or hostess to provide services such as accounting taxed in the appropriate B&O classification. If a tour for everyone on the tour, providing maps or brochures of the operator receives commissions from a third party service area or areas toured, and/or helping with luggage or any provider such as a hotel or restaurant, the commissions are similar problems that may arise during the tour. taxed at the special travel agent rate. (f) "Guided tour" is a sightseeing, adventure, recreation- (5) Guided tours and guided charters. Charges for al or similar experience in which a guide is present for at guided tours and guided charters which take place in least twenty five percent of the time measured from the Washington State are retail sales and subject to beginning to the end of the tour. Guided tours include, but Washington's retail sales tax and retailing B&O tax. are not limited to, walking tours of historic areas, hikes, (a) If the guided tour or charter only takes place in this mountain climbs, bicycle, kayak, rafting and canoe trips state, the total price of the guided tour or charter is subject which are accompanied by a guide. Guided tours also to Washington's retail sales tax. For purposes of this rule, include bus tours, boat tours and aerial tours of scenic areas "in this state" includes waters contiguous to this state which during which the driver, pilot, or another person gives a are not in any other state. narrative of the area toured. (b) If a guided tour or guided charter takes place both (g) "Charter" is the hiring of the exclusive use of a bus, inside and outside of Washington, that percentage of the tour plane, boat or other transportation vehicle where the owner that takes place in this state is subject to Washington's retail or the owner's agent retains possession, command, ·and sales tax if the percentage is more than twenty-five percent. control of the transportation. Percentage of tour relates to the time spent on the tour. For (h) "Charter Operator" means a person engaged in the example, if one day of a three day guided tour is spent in business of providing charters, directly or through third party this state and two days are spent outside this state, one third providers. of the tour is a retail sale in this state. The tour operator (i) "Guided charter" means a charter in which a guide must collect and remit Washington's retail sales tax on one- is present for at least twenty-five percent of the time of the third of the charge for the tour. charter. Guided charters include, but are not limited to, (c) The sale takes place at the time the customer fishing charters. purchases the tour or charter and has the obligation to make (3) Travel agents. payment. A "customer" can include the person who will (a) Travel agents are taxed at the special travel agent take the tour as well as travel agents or other tour operators rate under RCW 82.04.260(10). The gross income of a who may purchase guided tours to include in a tour package. travel agent or a travel agent business is the gross commis- (d) If the tour is advertised as a tour to one location, the sions received without any deduction for the cost of materi- place of sale is the place of destination. If the tour is to als used, labor costs, interest, discount, delivery cost, taxes, several areas, the place of sale is the first place in this state losses, or any other expense. ((It is teJted et the sveeiel which is included in the tour. travel egeHt rate.)) (e) If a guided tour is included in a tour package which (b) Gross receipts, other than commissions, from other includes lodging, meals and/or other services, the guided tour business activities of a travel agent, including activities as a portion of the package is a retail sale. If the guided tour is tour operator, are taxed in the appropriate B&O classifica- provided by a third party, the tour operator who packages the tion, service, retailing, etc., as the case may be. tour should pay retail sales tax on the charges for the guided (4) Tour operators. tour as well as the charges for the lodging and meals. If the [ 11] Emergency WSR 93-21-055 Washington State Register, Issue 93-21 tour operator who packages the tour is personally providing purchases noncancellable rooms in a hotel for $300 per room the guided tour portion of the package, the tour operator for 2 nights, and game tickets which cost $100 each. The would owe retailing B&O and retail sales tax on the fair package includes airfare which costs $200 per person for market value of the guided tour portion of the package. The which the tour operator receives the normal commission of tour operator may advertise the tour as including retail sales $20. As an extra feature, the tour operator offers to provide, tax and back the appropriate amount of retail sales tax out of for an extra cost, special event tickets, if available, at his the charge for the guided tour. Fair market value for the cost of $50 each. The tour operator is B&O taxable as guided tour portion can be computed by one of the following follows: methods: (i) The gross income of the tour operator business is (i) If the guided tour portion is also sold separately from $600 ($800 less $200 airfare). Because the tour operator the tour package, that amount constitutes the fair market purchased the rooms and the game tickets in its own name value of the guided tour. and is liable for the rooms or tickets if not resold, the tour (ii) If the guided tour portion is not sold separately, the operator is not operating as a travel agent business and is amounts for any lodging, meals, or guided tours provided by B&O taxable in the service classification. If the tour third parties may be deducted from the charge for the total operator receives a commission on the rooms sold to itself, package. The balance would constitute the fair market value the activity remains taxable as a tour operator business under of the guided tour portion of the package which is subject to the service classification and the commission received is retail sales tax. treated as a cost discount, not included in the gross income (c) If more than seventy-five percent of the time spent of the business. on a guided tour is outside this state, no retail sales tax is (ii) The $50 received for the special event ticket is due on the charge for the tour. attributable to a pass-through expense and is not included in ((~))@Examples: The following examples identify the gross income of the tour operator business. The special a number of facts and then state a conclusion. These event ticket receipt is attributable to a pass-through expense examples should be used only as a general guide. The tax because the tour operator is acting as an agent for the results of other situations must be determined after a review customer. of all of the facts and circumstances. (iii) The $20 received as commission from the sale of (a) A travel agent issues an airplane ticket to a custom- the airfare is a travel agent business activity and is included er. The cost of the ticket is $250 which is paid by the as gross income of a travel agent and taxed at the special customer. The travel agent receives $25 from the airline for travel agent rate. providing the service. ((ft+)) The gross income of the (e) A tour operator sells a package tour to Mount business for the travel agent is the $25 commission re- Rainier National Park. The tour includes transportation by ceived((. (ii) The gross iReome of the e1:1siRess)) which is bus to Paradise Lodge on Mount Rainier from Seattle, lunch taxed at the special travel agent rate. at a restaurant on the way to the mountain, an optional hike, (b) A tour operator offers a tour costing $1,500 per and return to Seattle. A guide accompanies the tour and person. The tour cost consists of $800 airfare, $500 lodging provides a narrative of the areas toured. The tour is a and meals, and $200 bus transportation. The tour operator "guided tour" because more than 25% of the time is spent has an arrangement with each of the service providers to with a guide. The charge for the tour, therefore, is subject receive a I 0% commission for each service of the tour, to Washington's retail sales tax and Retailing B&O tax. The which in this case is $150 ($80 + $50 + $20). The tour tour operator may advertise the tour as including applicable operator issues tickets, etc, only when paid by the customer retail sales tax and back out the appropriate amount of tax and is not liable for any services reserved but not provided. for the guided tour portion of the package. ((fit)) The tour operator is engaged in a travel agent activity (i) The tour operator should pay retail sales tax at and the gross income of the business is commissions source for the lunches and deduct the total charge for the received, $150, which((. (ii) The gross iReome of the lunches from the cost of the total tour. If the tour operator e1:1siRess, $150,)) is taxed at the special travel agent rate. receives a commission from the restaurant, that amount is (c) The same facts as in example (b) except that the tour subject to tax at the travel agent rate as provided in ( 4 )(b) operator has a policy of requiring 10% or $150 as a down above. The remaining amount is considered the charge for payment with the remaining $1,350 payable 20 days prior to the guided bus tour and is subject to retailing B&O tax and departure with 95% refundable up to 10 days prior to retail sales tax. departure and nothing refunded after 10 days prior to (ii) The place of sale is the tour destination, Mount departure. The customer cancels 15 days prior to departure Ranier National Park. and is refunded $1,425 with the tour operator retaining $75. (f) A tour operator provides a package tour from Seattle ((fit)) The gross income of the tour operator business is the to San Juan Island, Washington. The tour includes a bus trip $75 retained which is taxed at the service B&O rate. No to the ferry dock, a ferry ride to San Juan Island, a guided amount is attributable to pass-through expense since the tour bus tour of the island provided by a third-party tour operator, operator was not obligated to the service provider in the dinner, and a return ferry and bus trip. A hostess accompa- event of cancellation and the tour operator was not acting as nies the tour to help direct and account for passengers. The the agent of the customer. toral time for the tour is twelve hours; the guided bus tour is (((ii) The gross iReome of the e1:1siRess, $75, is taxed iR for two hours. The bus trip to and from the ferry dock is the sen·iee B&O telt elessifieetioR.)) not a "guided tour" because a person who only directs and (d) A tour operator offers a package tour for the accounts for passengers is not a "guide." Superbowl costing $800 per person. The tour operator Emergency I 12 I Washington State Register, Issue 93-21 WSR 93-21-055 (i) The company should pay retail sales tax at source on of the tour. This tour is a "guided tour" because more than the charges for the guided bus tour of the island and for the 25% of the time is spent with a guide. The tour operator dinner. These costs as well as the cost for the ferry tickets should report retailing B&O and collect and report retail are pass-through costs which are not included as part of the sales tax on the total charge for the tour. The "step-on" guide tour operator's gross income. owes service B&O on amounts received for providing the (ii) The tour operator will owe B&O tax on any guide service to the tour operator. commission income received from the restaurant or third (m) A tour operator provides a four hour boat trip to see party tour operator at the special travel agent rate. The whales and other marine life off the coast of Washington. remaining income is taxable as a tour operator business at A person accompanies the tour to give a short lecture on the the service rate. area and to help the passengers spot the whales. The charter (g) A Canadian company provides guided tours from is a "guided charter" because a guide is present for the this state to British Columbia ("C" tours) and guided tours duration of the charter. The total charge for the tour is from British Columbia to this state ("W" tours). Most of the subject to Washington's retail sales tax. tickets are sold through the company's office in Vancouver, B.C. Passengers on the "C" tours spend more than 75% of Reviser's note: RCW 34.05.395 requires the use of underlining and their time in Canada. The "C" tours, therefore, are not deletion marks to indicate amendments to existing rules. The rule published subject to Washington's retail sales tax. Passengers on the above varies from its predecessor in certain respects not indicated by the use of these markings. "W" tours spend 75% of the time for the tour in this state. The tour operator must collect and remit Washington's retail Reviser's note: The spelling error in the above section occurred in sales tax on 75% of the charge for the tour. The place of the copy filed by the agency and appears in the Register pursuant to the sale would be the first place in this state which is included requirements of RCW 34.08.040. in the tour. (h) A tour' operator sells a weekend package which Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant includes a four-hour guided bus tour of Seattle, lodging, and to the requirements of RCW 34.08.040. three meals. The tour operator purchases the lodging and meals from third party providers while itself providing the guided bus tour. Customers have the option of purchasing the tour as part of the weekend package or of purchasing WSR 93-21-056 only the guided bus tour. The tour operator may break out EMERGENCY RULES the cost of the guided bus tour from the weekend package DEPARTMENT OF REVENUE and remit retailing and retail sales tax on that portion of the [Filed October 18, 1993, 4:53 p.m.] charge. The amount remaining, the "commission" for Date of Adoption: October 18, 1993. arranging the lodging and meals is subject to B&O tax at Purpose: To provide tax reporting information to either the travel agent or service rate as provided above. taxpayers for the use of resale certificates and to explain (i) A tour operator provides bus tours for senior citizens penalty provisions which apply to misuse. to several different localities for shopping excursions. A Citation of Existing Rules Affected by this Order: person hired by the tour operator accompanies the group to Amending WAC 458-20-102. direct the group as to where to meet and to help with any Statutory Authority for Adoption: RCW 82.32.300. problems that may arise during the excursion. The company Pursuant to RCW 34.05.350 the agency for good cause is not providing a "guided tour." The company should report finds that immediate adoption, amendment, or repeal of a its income under the service classification as a tour opera- rule is necessary for the preservation of the public health, tor. safety, or general welfare, and that observing the time (j) A tour operator provides bus transportation to and requirements of notice and opportunity to comment upon from the opera, theater, and various sporting events. Some- adoption of a permanent rule would be contrary to the public times a person hired by the tour operator accompanies the interest. group and gives a lecture on the event that will be seen. Reasons for this Finding: The changes contained in this Such tours are not "guided tours" as the person who accom- rule are specifically required by chapter 25, Laws of 1993 panies the tour is not a "guide" as defined in (2)(e) above. sp. sess., and have an effective date of July I, 1993. This The tour operator is taxable under the service B&O tax emergency rule is required to give tax reporting information classification. to taxpayers during the interim until a permanent rule is (k) A tour operator provides an eight-hour bus tour of filed. several different areas in Washington State. At one of the Effective Date of Rule: Immediately. locations, the tour operator hires a local independent sight- October 18, 1993 seeing guide, sometimes referred to as a "step-on" guide, to Claire Hesselholt give a one-hour tour of the local area. Because a guide is Policy Counsel not present for at least 25% of the tour, the tour is not a Legislation and Policy "guided tour." The tour operator owes service B&O on the charge for the tour with no deduction for the charge by the guide. The "step-on" guide owes service B&O on amounts received for providing the guide service to the tour operator. (I) A tour operator provides an eight-hour bus tour of Whidbey Island. A "step-on" guide is present for four hours C 13 1 Emergency WSR 93-21-056 Washington State Register, Issue 93-21 AMENDATORY SECTION (Amending WSR 86-09-058, Sellers who have resale certificates on file without the filed 4117/86) additional language and information required by the July 1, 1993 amendment to RCW 82.04.470 are required to obtain WAC 458-20-102 Resale certificates. (1) Introduc- revised resale certificates for sales made after June 30, 1993. tion. This section explains the conditions under which a However, the old resale certificates must be r~tained to buyer may furnish a resale certificate .to a seller, and substantiate the wholesale nature of sales made pnor to July explains the information and lang~age required ?n t?e resale I, 1993. These "old" certificates must be retained for at certificate. This section also provides tax reporting informa- least five years from their last effective date. For example, tion to persons who purchase articles or services for dual a seller making its last wholesale sale to a particular buy~r purposes (i.e. for both resale and consumption). Sellers and on April I, 1991 must retain the "old" resale certificate unttl buyers should note that amendments to RCW 82.04'.470 March 31, 1996, five years from the last sale subject to the required changes to the information and language con~ained provisions of that resale certificate. (See also WAC 458-20- on the resale certificate. These changes became effective on 254 on record keeping requirements.) July I, 1993. (See Chapter 25, Laws of Washington 1993, (4) Sales at wholesale. ((E:iteept es hereiAefter Aoted, 1st Special Session.) . ftH.)) All sales are ((dee1t1ed to ee)) treated as retai~ ~ales (2) Resale certificate use. The resal~ certificate_ ts a unless the seller takes from the buyer a resale cert1f1cate document or combination of documents which substantiates signed by and bearing the registration number and address of the wholesale nature of a sale. The resale certificate cannot the buyer, ((to the effeet)) verifying that the property or be used for purchases which are not purchases at wholesale, services purchased ((.ffl.)) ~: or where more specific certificates, affidavits, or other ((fl·7))1fil For resale in the regular course of the buyer's documentary evidence is required by statute or other section business without intervening use by the buyer((,-et'))i...QI of chapter 458-20 WAC. While the resale certificate may ((~))ill To be used as an ingredient or component part come in different forms, all resale certificates must satisfy of a new article of tangible personal property to be produced the language and information requirements provided by for sale((,-et')); or RCW 82.04.470. ((f31))ffl A chemical to be used in processing an article (a) Depending on the statements made on the resale to be produced for sale((. (See WAC 458 20 113.))) (see certificate, the resale certificate may authorize the buyer to WAC 458-20-113 on chemicals used in processing); or purchase at wholesale all products ?r services be!ng pur- (d) To be used in processing ferrosilicon which is chased from a particular seller, or 1t may authonze only subsequently used in producing magnesium for sale; o~ . selected products or services to be purchased at wholesale. (e) Provided to consumers as a part of compet1t1ve The provisions of the resale certificate may be limited to a telephone service, as defined in RCW 82.04.065; or single sales transaction, or it may apply to all sales trans~c­ <D Feed, seed, seedlings, fertilizer, spray materials, 01 tions for a period not to exceed four years from the eff'.ect1ve agents for enhanced pollination including insects such as date. Whatever its form and/or purpose, the resale certificate bees for use in the federal conservation reserve program 01 must be completed in its entirety, and signed by a person its successor administered by the United States departmen1 who is authorized to make such a representation on behalf of of agriculture; or the buyer. . . (g) Feed, seed, seedlings, fertilizer, spray materials, 01 (b) The buyer may authorize any person in its employ agents for enhanced pollination including insects such as to issue and sign resale certificates on its behalf. The buyer bees for use by a farmer for producing for sale any agricul· is, however, responsible for the i.nforma~ion contai~ed on the tural product. (See also WAC 458-20-122 on sales tc resale certificate. A resale certificate 1s not required to be farmers.) . completed by every person ordering or making the actual ((WheA e veAdor reeeives eAd eeeepts IA good fe1tt purchase of articles or services on be?alf of the_ buyer. F~r frolfl e p1:treheser e resale eertifieete es dese~eed iA this FH_le example, a construction company which authonzes only its the ,.eAclor is relieYecl of lieeility for retail sales teit w1tt bookkeeper to issue resale certificates on its behalf may respeet to the treAseetioA. V/heA e •1eAclor hes Aot see1:trec authorize both the bookkeeper and its job foreman to s1:teh e resale eertifieete he is persoRelly lieele for the te~ purchase items under the provisions o~ the resale ~ertificat~. cl1 te HA!ess he eeR s1 tsteiA the 01 trcle1t of proviAg (1) that the The construction company is not requtred to provide, nor ts property was solcl for oAe of the thre~ ~11rpose~ set fortt the seller required to obtain, a resale certificate signed. by aeO"f'e aHcl (2) that the f!Hreheser was ehgtele to gwe ft eoAC each person making purchases on behalf of the construction fide resale eertifieate HAcler the pro·visioAs of this r11le. company. AAy p11reheser vrho fre11d11leHtly sigAs a resale eertifieatc (c) The buyer is responsible for educating all persons with iRteAt to aYoid paylfleAt of tait is g11ilty of a gres: authorized to issue and/or use the resale certificate on the 1t1isdelfleaRor. WheH RAY resale eertifieate is fo1:tAd to ha11c proper use of the buyer's resale certificate privilege~ .. eeeA fra1:td11leRtly teAderecl to RAY seller or giveA HAder foist (3) Resale certificate renewal. Resale certificates or lcAowiAgl ,· lflisleadiHg eireHlflsteHees, RR)' retai~ sales te> remain valid only so long as the registration number shown whieh sho1:tlcl have eeeR paie eHt for the tefldenAg of tht on the resale certificate has not been cancelled or revoked. eertifieete, whieh is assesses agftiRSt the ettyer, will 8HtOlfl8t The buyer must renew its resale certificate whenever a ieally iReHr aft e,·asiaR peRalty of fifty pereeAt of the ta> change in the ownership of a buyer's business requires a feHRS to ee SHe. new "registrations and licenses document." (See WAC 458- No preserieecl forlfl of resale eertifieete is req1:tired 20-101 on tax registration.) Resale certificates also must be AHy writteA sffiteffleflt to the effeet that the teHgiele persoAe renewed at least every four years. vroperty is f!HFehesed for oRe of the three f!HFf!OSes set fort! Emergency [ 14] Washington State Register, Issue 93-21 WSR 93-21-056 aeo,·e sig11eEi ey a11d eeari11g the 11ame, address, a11d registre review of its resale certificate file in April of 1994, XYZ tio11 111 1meer of the e1 1yer is s1 1ffieie11t. 81 1eh stateme11t may discovers it has not received a resale certificate from MP ee writteH or stamfJed l lflOll the fll lrehase order Or may ee Inc. and immediately requests a certificate. As the resale l:lflOll a SefJarate flafJer. It shot1Jd ee ill St1esta11tiaJl)' the certificate will not be received within 120 days of the sales followi11g form:)) in question, XYZ requests that MP provide a resale certifi- (5) Seller's responsibilities. When a seller receives and cate identifying the sales in question. MP provides XYZ accepts from the buyer a resale certificate at the time of the with a resale certificate which does not identify the sales in sale, or has a resale certificate on file at the time of the sale, question, but simply states "applies to all past purchases." or obtains a resale certificate from the buyer within a XYZ Company has not satisfied its responsibility to obtain reasonable time after the sale, the seller is relieved of the an appropriate resale certificate. As XYZ failed to secure a accountability for collecting retail sales tax with respect to resale certificate within a reasonable period of time, XYZ the sale covered by the resale certificate. In all cases, the must obtain a certificate specifically identifying the sales in resale certificate must be accepted in good faith by the question or prove through other facts and circumstances that seller. The resale certificate will be considered to be these sales are wholesale sales. (Refer to (c) of this subsec- obtained within a reasonable time of the sale if it is received tion.) It remains the seller's burden to prove the wholesale within 120 days of the sale or sales in question. However, nature of the sales made to a purchaser if the seller has not refer to (d) of this subsection in event of an audit situation. obtained a valid resale certificate within 120 days of the sale. (a) If a single order or contract will result in multiple (iii) Beginning in January of 1994, MN Company billings to the buyer, and the appropriate resale certificate regularly makes sales to ABC Inc. In June of 1994 MN was not obtained or on file at the time the order was placed discovers ABC has not provided a resale certificate. MN or the contract entered, the resale certificate must be re- requests a resale certificate from ABC and, as the resale ceived by the seller within 120 days after the first billing to certificate will not be received within 120 days of many of be considered obtained within a reasonable time of the sale. the past sales transactions, requests that the resale certificate For example, a subcontractor entering into a construction specifically identify those past sales subject to the provisions contract for which it has not received a resale certificate of the certificate. MN receives a certificate from ABC on must obtain the certificate within 120 days of the initial July 1, 1994. Accompanying the resale certificate is a memo construction draw request to consider the resale certificate providing a list of the invoice numbers for all past sales obtained in a reasonable time after the sale, even though the transactions through May 15, 1994. This memo also states construction project may not be completed at that time and that the provisions of the resale certificate apply to all past additional draw requests will follow. and future sales, including those listed. MN Company has (b) If the resale certificate is obtained more than 120 obtained appropriate documentation substantiating the days after the sale or sales in question, the resale certificate wholesale nature of the sales in question. As the provisions must be specific to the sale or sales. The certificate must of this resale certificate apply to both past and future sales specifically identify the sales in question on its face, or be transactions, the certificate must be renewed no later than accompanied by other documentation signed by the buyer December 31, 1997, four years from the date the resale specifically identifying the sales in question and stating that certificate became effective. the provisions of the accompanying resale certificate apply. (c) If the seller has not obtained an appropriate resale A nonspecific resale certificate which is not obtained within certificate or other acceptable documentary evidence (see a reasonable period of time is generally not, in and of itself, subsection (8) below), the seller is personally liable for the acceptable proof of the wholesale nature of the sales in tax due unless it can sustain the burden of proving through question. The resale certificate and/or required documenta- facts and circumstances that the property was sold for one of tion must be obtained within the statutory time limitations the purposes set forth in subsection (4)(a) through (g) above. provided by RCW 82.32.050. The department of revenue will consider all evidence The following examples explain the seller's documenta- presented by the seller, including the circumstances of the ry requirements in typical situations when obtaining a resale sales transaction itself, when determining whether the seller certificate more than 120 days after the sale. These exam- has met its burden of proof. This evidence must be present- ples should be used only as a general guide. The tax status ed within the statutory time limitations provided by RCW of each situation must be determined after a review of all of 82.32.060. It is the seller's responsibility to provide the the facts and circumstances. information necessary to evaluate the facts and circumstances (i) XYZ Company makes five sales to ABC Inc. in July of all sales transactions for which resale certificates are not of 1993 and does not charge retail sales tax. In April of obtained. Facts and circumstances which should be consid- 1994 XYZ reviews its resale certificate file, finds it has not ered include: received a resale certificate from ABC, and immediately (i) The nature of the buyer's business. The items being requests a certificate. As the resale certificate will not be purchased at wholesale must be consistent with the buyer's received within 120 days after the sales in question, XYZ business. For example, a buyer having a business name of requests that ABC Inc. provide a resale certificate identifying "Ace Used Cars" would generally not be expected to be in these sales. ABC provides XYZ Company with a resale the business of selling furniture. certificate specifically listing these sales by invoice number (ii) The nature of the items sold. The items sold must on its face. XYZ has satisfied the requirement that it obtain be of a type which would normally be purchased at whole- a resale certificate specific to the sales in question. sale by the buyer. (ii) XYZ Company makes three sales to MP Inc. in October of 1993 and does not charge retail sales tax. In the [ 15] Emergency WSR 93-21-056 Washington State Register, Issue 93-21 (iii) The quantity and frequency of items sold. The (("I hereay eertify that this fH:trehase is fer resale number of items sold and the frequency of sales must withot1t iRtef'l'eRiflg tJSe a)' ffle iR the regt1lllf eOtJFSe indicate that the buyer is purchasing such items at wholesale. of at1SiReSS, OF is to ae tJSed SS SR iAgredieRt or (iv) Additional documentation. Other available docu- eofflpOAeRt part of a Rew artiele of taAgiale persoR ments, such as purchase orders and shipping instructions, al property te be prodt1eed for sale, or is a ehemi should be considered in determining whether they support a eal to ae tJSed iR proeessiRg SR artiele to be pro finding that the sales are sales at wholesale. dt1eed for sale. This eertifieate is gh·eR with foll (d) If in event of an audit it is discovered that the seller kRowledge of, aRd st1ajeet to the legally preseriaed has not secured the necessary resale certificates and/or peftlllties for frat1d aRd taJC evasioR. documentation, the seller will generally be allowed thirty RegistratioR No. . . . ~lame as Registered .... )) days in which to obtain and present appropriate resale The undersigned buyer hereby certifies that the tangible certificates and/or documentation, or prove by facts and personal property or services specified below will be circumstances the sales in question are wholesale sales. The purchased (a) for resale in the regular course of business time allotted to the seller shall commence from the date the without intervening use by the buyer, or (b) for use as an auditor initially provides the seller with the results of the ingredient or component part of a new article of tangible auditor's wholesale sales review. The processing of the personal property to be produced for sale, or (c) is a chemi- audit report will not be delayed as a result of the seller's cal to be used in processing a new article of tangible failure within the allotted time to secure and present appro- personal property to be produced for sale, or (d) for use as priate documentation, or its inability to prove by facts and feed, seed, fertilizer, or spray materials in its capacity as a circumstances that the sales in question were wholesale farmer as defined in Chapter 82.04 RCW. This certificate sales. The audit report will also not be delayed because the shall be considered a part of each order which I may time allotted to the seller expires prior to 120 days from the hereafter give to you, unless otherwise specified, and shall date of the sale or sales in question. be valid until revoked by me in writing. This certificate is (e) If the seller is unable to provide proper documenta- given with full knowledge that the buyer is solely responsi- tion, or unable to prove by facts and circumstances that the ble for purchasing within the categories specified on the sales in question are wholesale sales, the seller becomes certificate, and that misuse of the resale privilege claimed on personally liable for the taxes in question. If the seller is the certificate is subject to the legally prescribed penalty of required to make payment to the department, and later is fifty percent of the tax due, in addition to the tax, interest, able to present the department with proper documentation or and any other penalties imposed by law. prove by facts and circumstances that the sales in question are wholesale sales, the seller may in writing request a Name of Seller . . . . . . . Date .............. . refund of the taxes paid along with the applicable interest. Name of Buyer .......................... . Both the request and the documentation or proof that the ((firm ~taffle ......... )) Address .......... . sales in question are wholesale sales must be submitted to UBI/Revenue Registration # ................. . the department within the statutory time limitations provided Type of Business ......................... . by RCW 82.32.060. (See also WAC 458-20-229.) Items or item categories purchased at wholesale ... . (6) Penalty for improper use. Any buyer who uses a ...................................... resale certificate to purchase items or services without Authorized agent for buyer (printed) ........... . payment of sales tax and who is not entitled to use the Authorized Signature ...................... . certificate for the purchase shall be assessed a penalty of Title . . . . . . . . . . . . . . . ((Date .......... " fifty percent of the tax due, in addition to all other taxes, BlaRket resale eertifieates may be giveR iR adYaRee ay penalties, and interest due, on the improperly purchased item kRO'Nfl wholesalers, jobbers or retailers. These eertifieates or service. The penalty shall be assessed by the department shot1ld be st1bstaF1tially iR the fellowiRg foffil: of revenue and will apply only to the buyer. The penalty applies to purchases made after June 30, 1993, and can apply "I hereay eertify that all ((the)) taRgiale persoRal even if there was no intent to evade the payment of the tax. propert)' whieh I will pt1rehase from ....... . However, see subsection (12) of this section for situations in will ae pt1rehased for resale ifl the regt1lar eot1rse of which the department may waive the penalty. at1SiF1eSS witfiot1t iRteF¥eRiRg tJSe ay me, OF for the Persons who purchase articles or services for dual pt1rpose of eeRst1miRg the property pt1rehased iR purposes (i.e. some for their own consumption and some for prodt1eiRg for sale a Rew artiele of taAgiale persoR resale) should refer to subsection (11) of this section to al property of whieh the property pt1rehased will ae determine whether they may give a resale certificate to the afl iAgredieRt, or a ehemieal t1sed ifl preeessiRg the seller. same. This eertifieate shall ae eoAsidered a part of (7) Resale certificate - required information. While eaeh oFEler whieh I may hereafter gi·,.e to )'Otl, there may be different forms of the resale certificate, all tlflless otherwise speeified, 6Rd shall ae "'alid tlfltil resale certificates must satisfy the language and information Fe¥Olted ay me iR writiflg. This eertifieate is gi¥efl requirements provided by RCW 82.04.470. The resale ·.vith foll lrnowledge of, aRd st1bjeet to the legally certificate may be in the suggested form shown below, or preseriaed peAalties for frat1d aAd tait e¥asioR. may be in any other form which substantially contains the following information and language: Emergency [ 16 J Washington State Register, Issue 93-21 WSR 93-21-056 RegistratieR Ne. . . . Name as Registered ....... . The resale certificate used by the buyer must, in all (Firffi NaFHe . . . . . . . . . )) Ac lc lress cases, be completed in its entirety. A resale certificate in T)'fle ef BttsiRess ......................... . which the section for ~he description of the items being Atttherized SigRatttre ...................... . purc~ased at wholesale 1s left blank by the buyer will not be Title . . . . . . . . . . . . . . . ((Date ....... ")) considered a properly executed resale certificate. . (c) If the resale certificate is used for a single transac- (a) The 1993 legislative changes to RCW 82.04.470 tion, the language and information required of a resale require the buyer making purchases at wholesale to specify ce~ific~te may be written or stamped upon a purchase order the kinds of products or services subject to the provisions of or 1~~01ce. The language contained in a "single use" resale the resale certificate. A buyer who will purchase some of cert1f1cate should be modified to delete any reference to the items at wholesale, and consume and pay tax on some subsequent orders or purchases. other items being purchased from the same seller, must use (d) Examples. The following examples explain the terms specific enough to clearly indicate to the seller what proper use of types of resale certificates in typical situations. kinds of products or services the buyer is authorized to These examples should be used only as a general guide. purchase at wholesale. The tax status of other situations must be determined after a (i) The buyer may list the particular products or services review of all of the facts and circumstances. to be purchased at wholesale, or provide general category (i) ~BC is an automobile repair shop purchasing descriptions of these products or services. The terms used automobile parts for resale and tools for its own use from to describe these categories must be descriptive enough to DE _Supply_. ~BC must provide DE Supply with a resale restrict the application of the resale certificate provisions to certificate hm1ting the certificate's application to automobile those products or services which the buyer is authorized to part purchas~s. Ho'."'e~er, should ABC withdraw parts from purchase at wholesale. The following are examples of terms inventory to install in its own tow truck, deferred retail sales used to describe categories of products purchased at whole- tax or use tax must be remitted directly to the department of sale, and businesses which may be eligible to use such terms rev~nue. The buyer has the responsibility to report deferred on their resale certificates: ~eta1l s_ales_ tax or use ta~ ugon any item put to its own use, (A) "Hardware" for use by a general merchandise or including items for which 1t gave a resale certificate and building material supply store, "computer hardware" for use later used for its own use. by a computer retailer. (ii) X Company is a retailer selling lumber, hardware, (B) "Paint" or "painting supplies" for use by a general tools, automotive parts, and household appliances. X merchandise or paint retailer, "automotive paint" for use by Company regularly purchases lumber, hardware, and tools an automotive repair shop. from Z Distributing. While these products are generally (C) "Building materials" or "subcontract work" for use purchased for resale, X Company may occasionally withdraw by prime contractors performing residential home construc- some of these products from inventory for its own use. X tion, "wiring" or "lighting fixtures" for use by an electrical Company may provide Z Distributing with a resale certifi- contractor. cate specifying "all products purchased" are purchased at (ii) The buyer must remit retail sales tax on any taxable wholesale. However, whenever X Company removes any product or service not listed on the resale certificate provided product from inventory to put to its own use, deferred retail ~o the selle~. The seller should charge retail sales tax on any sales or use tax must be remitted to the department of items not listed on the resale certificate. If the buyer gave revenue. a resale certificate to the seller and later used an item listed (iii)_ MPH purchases office supplies from GH Supply. on the certificate, or if the seller failed to collect the sales Everything MPH purchases from GH Supply is purchased tax on items not listed on the certificate, the buyer must for resal_e in the ordinary course of business. GH provides remit the deferred sales or use tax due to the department. If MPH with a blank resale certificate form which it requests the department finds that the seller has engaged in a consis- be completed and returned. This resale certificate form tent pattern of failing to properly charge sales tax on items provides a section for the listing of the items or item not purchased at wholesale, it may hold the seller liable for categories subject to the provisions of the resale certificate. such uncollected sales tax. MPJ:I compl~tes the certificate, but fails to specify the (iii) Persons having specific questions regarding the use types of items being purchased at wholesale. Realizing that of terms to describe products or services purchased at the ~ncomplete certificate was not a properly executed resale wholesale may submit such questions to the department of certificate, GH requests that MPH complete the certificate in revenue for ruling. its e~tir_ety." The resale certi_ficate is completed and returned, (b) A buyer who will purchase at wholesale all of the spec~fying all produ~ts being purchased" as subject to the products or services being purchased from a particular seller prov1s10ns of the certificate. GH has obtained an properly will not be required to specifically describe the items or item executed resale certificate substantiating all sales to MPH are categories on the resale certificate. If the certificate form sales at wholesale. provides for a description of the products or services being (iv) TM Company is a manufacturer of electric motors. purchased at wholesale (as does the suggested form provided When making purchases from its suppliers, TM issues a above), the buyer may specify "all products and/or services" purchase order. This purchase order contains substantially (or make a similar designation). A resale certificate com- all the language and information required of a resale certifi- pleted in this manner is often described as a blanket resale cate and a signature of the person ordering the items on certificate. behalf of TM. This purchase order includes a box which, if [ 17] Emergency WSR 93-21-056 Washington State Register, Issue 93-21 marked, indicates to the supplier that all or certain designat- ((EXCEPTION AS)) (9) Sales to nonresident buyers ed items purchased are being purchased at wholesale. ((ltt-ettse)) !f the ((flttrehaser)) buyer is a nonresident who i: When the box indicating the purchases are being made not engaged in business in this state, but buys articles hen at wholesale is marked, the purchase order can be accepted for the purpose of resale in ((fl.ffi.)) the regular course o: as a resale certificate. A resale certificate is not required to business outside this state, the seller ((shettM)) must tak( be in any particular form, it must simply contain substantial- from such a ((flttrehaser)) buyer a resale certificate ((sttbstaH ly all the required information and language contained in the tially iH the)) as described above ((form, omittiHg a registra suggested resale certificate form described above. As TM tioH HttFHber, bttt iHeltteiHg a statemeHt to the effeet that the Company's purchase orders are being accepted as resale aRieles 13ttrehasee are for resale by him iH his regttlar eottrsc certificates, they must be retained by the seller for at least of his bttsiHess)). The seller may accept a resale certificatf five years. (See also WAC 458-20-254 on record keeping from a nonresident buyer with the registration numbe1 requirements.) information omitted, provided the balance of the resale (8) Other documentary evidence. Under certain certificate is completed in its entirety. The resale certificate circumstances, other documentary evidence may be used by should contain a statement that the items are being purchasec the seller and purchaser in lieu of the resale certificate for resale outside Washington. described above. However, this documentary evidence must ((EXCEPTION AS)) (10) Sales to farmers. ((+hE collectively contain the information and language generally wore "farmers" as ttsee iH this rttle meaHs BH)' 13ersoH~ required of a resale certificate. The conditions and restric- eHgagee iH the bttsiHess of grmYiHg or 13roetteiHg for sale al tions applicable to the use of resale certificates apply equally vt'holesale ttflOH their owH laHes, or ttflOH laHes iH whieh the) to other documentary evidence used in lieu of resale certifi- have a 13reseHt right of 13ossessioH, aHy agriettltttral 13roettel cates. The following are examples of documentary evidence whatsoever, iHeltteiHg milk, eggs, wool, fttr, meat, hoHey, 01 which will be accepted to show that sales were at wholesale: other sttbstaHees obtaiHee from aHimals, hires, or iHseets. (a) A combination of documentation kept on file, such "Farmers" sees Hot meaH 13ers0Hs selliHg stteh 13roettets al as a membership card or application, and a sales invoice or retail, 13ers0Hs ttsiHg stteh 13roettets as iHgreeieHts iH a "certificate" taken at the point of sale with the purchases maHttfaetttriHg 13roeess, or 13ers0Hs growiHg or 13roetteiHg listed, provided: stteh 13roettets for their owH eoHsttm13tioH. It sees Hot meaH (i) The documentation kept on file contains all informa- BA)' fleFSOH eea)iHg iH Ji·f'eStoek BS 8H OfleF!itOF of 8 Stoek tion generally required on a resale certificate, including the yare, s)attghteFhOttSe, Of flBekiHg hottse; HOF eoes it meaH 8H)' names and signatures of all persons authorized to make 13ersoH who is aH "eittFaetor" withiH the meaHiHg of 'NAC purchases at wholesale; and 458 20 135.)) (ii) The sales invoice or "certificate" taken at the point Farmers ((as eefiHee iH this rttle)) selling agricultural of sale must contain the following: products only at wholesale are not required to register with (A) Language certifying the purchase is made at the department of revenue. f§ee also WAC 458-20-101 on wholesale, with acknowledgement of the penalties for the tax registration.) ((Sales of feee, seee, feRilizer, aHe SflF!i)' misuse of resale privileges, as generally required of a resale materials to farmers are sales at wholesale Hot sttbjeet to the certificate; and retail sales tait. Farmers who 13ttrehase li·,.estoek for the (B) The name and registration number of the buy- flttFflose of fatteHiHg aHe later reselliHg the same are makiHg er/business, and an authorized signature. i:ittrehases at wholesale Hot sttbjeet to the retail sales tax. (b) A contract of sale which within the body of the Yf)ett)) When making wholesale sales ((of BH)' stteh artieles)) contract provides the language and information generally to farmers (including farmers operating in other states), the required of a resale certificate. The contract of sale must seller ((shottl6 take from the farmer a resale eertifieate specify the products or services subject to the resale certifi- showiHg the farmer's Heme BAS aeeress BAS a statemeHt to cate privileges. the effeet that his flttFehase of feee, seee, fertilizer, SflF!i)' (c) Any other documentary evidence which has been FHateriaJs is FHaee for the fltlFflOSe of flFOStteiHg for sale at approved in advance and in writing by the department of wholesale aH agriettltttral 13roettet, or that his 13ttrehase of revenue. li·,·estoek is maee for the fltlFflOSe of resale. (Per sales to ((Bl!mket resale eeRifieates remaiH Yalie oHI)' so loHg as ffirmers of feee, seed, fertilizer aHe s13ray materials, see the registratioH Httmber showH thereoH has Hot beeH WAC 458 20 122.))) must take from the farmer a resale eaHeellee or reYokee. Therefore, blaHket resale eeRifieates certificate as described above. Farmers not required to be mttst be reHevl'ee wheHever a ehaHge oeettFS iH the owHershifl registered with the department of revenue may provide, and of a 13ttrehaser' s bttsiHess aHe a Hew eeRifieate of registratioH the seller may accept, resale certificates with the registration is retJttiree. All blaHket resale eeRifieates mttst be reHe'Nee number information omitted, provided the balance of the at iHten•a]s HOt to exeeee fottF yeaFS. certificates are completed in full. Persons making sales to Sellers who ha\\u2022e valie blaHket resale eeRifieates OH file farmers should also refer to WAC 458-20-122. wi~ottt the aeeitim1al lat1gt1age ret1ttiree by the Mareh, 1983 i!..!2. Purchases for dual purposes. ((It may ha1313eH ameHemeHt to this rttle are Hot retjttiree to obtaiH revises thaHt)) A buyer normally ((ts)) engaged in both consuming blaHket resale eertifieates exee13t where a 13ttrehaser' s and reselling certain types ((of artieles)) of tangible personal registratioH with the Sefl!iFtmeHt of Fe\'eHtte has beeH propertyJ. and ((ts-)) not able to determine at the time of eaHeellee or re\·okee, a ehaHge oeettrs iH the owHershi13 of a purchase whether the particular property purchased ((tte- 13ttrehaser's bttsiHess aHe a Hew registratioH is retjttiree, or ~)) will be consumed or resold((. IA stteh eases, the the blaHket resale eertifieate was eom13letee more thaH fettr bttyer shottle)), must purchase according to the general )'e8FS flFiOF to the effeetiYe Sate of the ameHemeHt.)) nature of ((fl.ffi.)) its business((; that is, if)). If the buyer Emergency [ 18] Washington State Register, Issue 93-21 WSR 93-21-056 principally ((he)) consumes the articles in question, ((he)) the sales tax to the supplier at the Seattle tax rate. A portion of buyer should not give a resale certificate for any ((pet=tiett these parts are sold to Customer B, with retail sales tax thereof, b1:1t if,)) part of the purchase. If on the other hand, collected at the Spokane tax rate. Seller A must report the ((he)) the buyer principally resells such articles, ((he)) the amount of the sale to Customer B on its excise tax return buyer may sign a resale certificate for the whole amount of compute the local sales tax liability at the Spokane rate, and ( (flffl.)) such purchases. code this liability to the location code for Spokane (3210). (a) Deferred sales tax liability. If the buyer gives Seller A would claim the tax paid at source deduction for the a resale certificate for all purchases and thereafter consumes cost of the parts resold to Customer B, compute the local some of the articles purchased, ((he)) the buyer must set up sales tax credit at the Seattle rate, and code this deduction in ((flffl.)) its books of account the value ((tftet:eef)) of the amount to the location code for Seattle ( 1726). article used and remit to the department of revenue the (81 1eh ded1 1etiett shall ee desigflated as "resale p1 1Fehas applicable deferred sales tax ((tJayable thereott)). ((81:1eh tait es Oft whieh tax was paid" e ttd listed 1 1ttder sales tax dedtte sho1 1ld be retJOFted Oft Forffi 2406 l lttder 1 1se tax.)) The tiOflS Oft the Baek of the tax rettlffl furffi.)) deferred sales tax liability should be reported under the use (iii) Claim for deduction will be allowed only if the tax classification on the buyer's excise tax return. taxpayer keeps and preserves records in support thereof (i) Buyers making purchases for dual purposes under the· which show the names of the persons from whom such provisions of a resale certificate must remit to the depart- articles were purchased, the date of the purchase, the type of ment one hundred percent of the deferred sales tax liability articles, the amount of the purchase and the amount of tax for the products or services consumed to be considered to be which was paid. (((See WAC 458 20 174, 458 20 175 attd properly using the resale certificate. If the buyer fails to 458 20 176 fur eJteffiptior1 eertifieates e0Aeernir1g eertair1 remit a minimum of eighty percent of this tax liability, the sales FF1ee:le to persetts er1gaged itt ittterstete or foreigr1 penalty for the misuse of resale certificate privileges may be eomFReree or ir1 e:leep sea fishittg eperatior1s.))) assessed. This penalty will apply to the unremitted portion (iv) Should the buyer resell the articles at wholesale, or of the deferred sales tax liability. under other situations where retail sales tax is not to be (ii) Example. BC Contracting operates both as a prime collected, the claim for the tax paid at source deduction on contractor and speculative builder of residential homes. BC a particular excise tax return may result in a credit. In such Contracting purchases building materials from Seller D cases, the department will issue a credit notice which may be which are principally incorporated into projects upon which used against future tax liabilities. However, a refund will be BC acts as a prime contractor. BC provides Seller D with issued upon written request. a resale certificate and purchases all building materials at (12) Waiver of penalty for resale certificate misuse. wholesale. BC must remit deferred sales tax upon all The department may waive the penalty imposed for resale building materials incorporated into the speculative projects certificate misuse upon finding that the use of the certificate to be considered to be properly using its resale certificate to purchase items or services by a person not entitled to use privileges. The failure to report a minimum of eighty the certificate for that purpose was due to circumstances percent of this tax liability may result in the assessment of beyond the control of the buyer. However, the use of a the fifty percent penalty for the misuse of resale certificate resale certificate to purchase items or services for personal privileges. use outside of the business shall not qualify for the waiver ((Ott the other hattd, if)) (b) Tax paid at source or cancellation of the penalty. The penalty will not be deduction. If the buyer has not given a resale certificate.2. waived merely because the buyer was not aware of either the but has paid tax on all purchases of such articles and proper use of the resale certificate or the penalty. In all subsequently resells ((at retail)) a portion thereof, ((he)) the cases the burden of proving the facts is upon the buyer. buyer must((, Aevertheless,)) collect the retail sales tax from (a) Situations under which a waiver of the penalty will (the tJl lrehaser, afld report s1 1eh sales ifl ffiakiflg his taJt be considered by the department include, but are not neces- ret1 1rns. Howe¥er, itt s1 1eh ease, the)) its retail customers as sarily limited to, the following: provided by law. When reporting these sales on the excise (i) The resale certificate was properly used to purchase tax return, the buyer may ((~)) then claim a deduction products or services for dual purposes; or the buyer was ((efl his ret1:1rfl represefltiflg his eest et)) in the amount the eligible to issue the resale certificate; and a minimum of buyer paid for the property thus resold ((ett whieh sales tax eighty percent of the deferred sales or use tax due was was paid)). discovered within 120 days of purchase and remitted upon (i) This deduction may be claimed under the retail sales the next excise tax return. tax classification only. It must be identified as a "taxable (ii) The certificate was issued and/or purchases were amount for tax paid at source" deduction on the deduction made without the knowledge of the buyer, and had no detail worksheet, which must be filed with the excise tax connection with the buyer's business activities. However, return. When completing the local sales tax portion of the the penalty for the misuse of resale certificate privileges may tax return, the deduction must be computed at the local sales be applied to the person actually issuing and/or using the tax rate paid to the seller, and credited to the seller's tax resale certificate without knowledge of the buyer. location code. Failure to properly identify the deduction (b) The penalty prescribed for the misuse of the resale may result in the disallowance of the deduction. certificate may be waived or cancelled on a one time only (ii) Example. Seller A is located in Spokane, Washing- basis if such misuse was inadvertent or unintentional and the ton and purchases equipment parts for dual purposes from a item was purchased for use within the business. If the supplier located in Seattle, Washington. Seller A does not department of revenue does grant a one time waiver of the issue a resale certificate for the purchase, and remits retail [ 19] Emergency WSR 93-21-056 Washington State Register, Issue 93-21 penalty, the buyer shall be provided written notification at cancelled as the dentist misused the resale certificate that time. privileges to purchase a necklace for personal use. (c) The following are examples of typical situations (iv) During a routine audit examination of a landscape where the fifty percent penalty for the misuse of resale contractor, it is discovered that a resale certificate wa! privileges will or will not be assessed. These examples obtained from an equipment leasing company. This resale should be used only as a general guide. The tax status of certificate applied to landscaping work performed at < other situations must be determined after a review of all of residence under construction. The resale certificate wa! the facts and circumstances. accepted in good faith by the landscape contractor. Upon (i) ABC Manufacturing purchases electrical wiring and further investigation it is discovered that the certificate wm tools from X Supply. The electrical wiring is purchased for signed by an employee of the leasing company who was nol dual purposes, i.e. for resale and for consumption, with more authorized to issue resale certificates. It was also determined than fifty percent of the wiring purchases becoming a that the leasing company had no knowledge of the resale component of items which ABC manufactures for sale. certificate, and that it had made no payment to the landscape ABC Manufacturing issues a resale certificate to X Supply contractor for the work. The employee who signed the specifying "electrical wiring" as the category of items resale certificate owned the property at which the landscap- purchased for resale. ABC regularly reviews its purchases . ing work was performed and made payment to the landscape and remits use tax upon the consumed wiring. contractor directly. ABC is subsequently audited by the department of The fifty percent penalty for the misuse of the resale revenue and it is discovered that ABC Manufacturing failed certificate privileges will be waived for the leasing company. to remit deferred sale tax upon three purchases of wiring for The resale certificate was issued, and the purchase was consumption. The unreported tax liability attributable to made, without the knowledge of the leasing company. The these three purchases is less than five percent of the total purchase also had no connection with the leasing company's deferred sales tax liability for wiring purchases made from business activities. However, the department of revenue will X Supply. It is also determined that the failure to remit use look to the employee for payment of the taxes and the fifty tax upon these purchases was merely an oversight. The fifty percent penalty for the misuse of resale certificate privileges. percent penalty for the misuse of resale certificate privileges The penalty for the misuse of resale certificate privileges does not apply, even though ABC failed to remit use tax on will apply as the employee used the certificate for its these purchases. The resale certificate was properly issued, personal use, and without the knowledge of the equipment and ABC remitted to the department more than eighty leasing company. percent of the deferred sales tax liability for wiring purchas- (v) During an audit examination it is discovered that es from X Supply. XYZ Corporation, a duplicating company, purchased copying (ii) DM Contracting operates both as a prime contractor equipment for its own use. XYZ Corporation issued a resale and speculative builder of residential homes. However, DM certificate to the seller despite the fact that XYZ does not Contracting's primary activity is the construction of specula- sell copying equipment. XYZ also failed to remit either the tive homes. DM purchases its lumber from Seller X and deferred sales or use tax to the department of revenue. As provides Seller X with a resale certificate. All lumber a result of a previous investigation by the department of purchases are made at wholesale. During an audit examina- revenue, XYZ had been informed in writing that retail sales tion it is determined that DM Contracting failed to remit and/or use tax applied to all such purchases. The fifty deferred sales tax on much of the lumber which was incor- percent penalty for the misuse of resale certificate privileges porated into DM's speculative building projects. DM had will be assessed. XYZ issued a resale certificate despite previously been instructed that it could not issue resale being previously informed that the retail sales tax applied to certificates to its suppliers as it was primarily engaged in purchase of copying equipment. speculative construction. (vi) AZ Construction issued a resale certificate to a The fifty percent penalty for the misuse of resale building material supplier for the purchase of "pins" and certificate privileges will be assessed. Contractor DM was "loads." The "pins" are fasteners which become a compo- not eligible to provide Seller X with a resale certificate and nent part of the finished structure. The "load" is a powder had previously been so informed. The penalty will apply to charge which is used to drive the "pin" into the materials the unremitted deferred sales tax liability. being fastened together. Z Construction is informed during (iii) During a routine audit examination of a jewelry the course of an audit examination that Z Construction is store, the department of revenue discovers that a dentist has considered the consumer of the "loads" and may not issue a provided a resale certificate for the purchase of a necklace. resale certificate for the purchase thereof. Z Construction This resale certificate indicates that in addition to operating indicates that it was unaware that a resale certificate could a dentistry practice, the dentist also sells jewelry. There is not be issued for the purchase of "loads," and there is no no indication that the jewelry store did not accept the resale indication that Z Construction had previously been so certificate in good faith. informed. Upon further investigation, the department of revenue The failure to be aware of the proper use of the resale finds that the dentist is not engaged in selling jewelry. As certificate is not generally grounds for waiving the fifty the jewelry store accepted the resale certificate in good faith, percent penalty for the misuse of resale certificate privileges. the department will look to the dentist for payment of the However, AZ Construction does qualify for the "one time applicable retail sales tax. In addition, the dentist will be only" waiver of the penalty as the misuse of the resale assessed the fifty percent penalty for the misuse of resale certificate privilege was unintentional and the "loads" were certificate privileges. The penalty will not be waived or purchased for use within the business. Emergency [ 20 l Washington State Register, Issue 93-21 WSR 93-21-056 Reviser's note: RCW 34.05.395 requires the use of underlining and of the department of social and health services. (See WAC deletion marks to indicate amendments to existing rules. The rule published 388-76-140.) above varies from its predecessor in certain respects not indicated by the use ((~))ill Business and 0t:cupation tax. There are two of these markings. B&O tax classifications which can apply to persons provid- Reviser's note: The typographical errors in the above section ing medical services through the operation of a hospital, with occurred in the copy filed by the agency and appear in the Register pursuant the tax classification dependent on the· organizational to the requirements of RCW 34.08.040. structure of the hospital. The B&O tax classifications are: (a) Public or nonprofit hospitals. This B&O tax classification applies to gross income derived from personal and professional services of hospitals that are operated as WSR 93-21-057 nonprofit corporations, operated by political subdivisions of EMERGENCY RULES DEPARTMENT OF REVENUE the state, or operated but not owned by the state. These [filed October 18, 1993, 4:55 p.m.] hospitals became taxable under this B&O tax classification on July I, 1993. These hospitals were required to report Date of Adoption: October 18, 1993. under the service B&O tax classification prior to July I, Purpose: To provide tax reporting information to 1993, but were entitled to a deduction for services rendered persons operating hospitals and indicate the changes which to patients. resulted from the 1993 legislative session. (b) Service. The gross income derived from personal Citation of Existing Rules Affected by this Order: and professional services of hospitals (other than hospitals Amending WAC 458-20-168. operated as nonprofit corporations or by political subdivi- Statutory Authority for Adoption: RCW 82.32.300. sions of the state), nursing homes, convalescent homes, Pursuant to RCW 34.05.350 the agency for good cause clinics, rest homes, health resorts, and similar health care finds that immediate adoption, amendment, or repeal of a institutions is subject to business and occupation tax under rule is necessary for the preservation of the public health, the service and other activities classification. safety, or general welfare, and that observing the time (c) Retailing. The retailing business and occupation tax requirements of notice and opportunity to comment upon applies to sales by such persons of tangible personal property adoption of a permanent rule would be contrary to the public sold and billed separately from services rendered. However, interest. this does not include charges for tangible personal property Reasons for this Finding: Chapter 25, Laws of 1993 sp. which is used in providing medical services to a patient. sess. makes certain nonprofit hospitals and hospitals operated Tangible personal property which is used in providing by political subdivisions of the state subject to business and medical services is not considered to have been sold sepa- occupation tax as of July I, 1993. rately from the medical services simply because those items Effective Date of Rule: Immediately. are separately invoiced. These charges, even if separately October 18, 1993 itemized, are for providing medical services and are taxable Claire Hesselholt under either the "public or nonprofit hospital" classification Policy Counsel or the "service and other business activities" classification, Legislation and Policy depending on the type of organization making the sale. The charge for making copies of medical records is a retail sale. AMENDATORY SECTION (Amending Order 87-9, filed ((f3t)) ill Exemption. The following exemptions 12/15/87) ~ WAC 458-20-168 Hospitals, medical care facilities, (a) Adult family homes. The gross income derived and adult family homes. (1) Introduction. This section from personal and professional services of adult family provides tax reporting information to persons operating homes which are licensed as such, or which are specifically hospitals, medical care facilities, and adult family homes. It exempt from licensing under the rules of the department of includes tax reporting changes resulting from the passage of social and health services, is exempt from the business and chapter 25, laws of Washington 1·993, I st Special Session occupation tax effective June 9, 1987. which affected nonprofit hospitals and hospitals operated by (b) State owned hospitals. The gross income from a political subdivisions of the state. hospital owned by the state of Washington is not subject to ((f++)) ill Definitions. B&O tax. (Refer to WAC 458-20-189). This exemption (a) The term "hospital" means only institutions defined does not include hospital districts or hospitals which are as hospitals in chapter 70.41 RCW. The term includes operated by or for political subdivisions of the state, such as privately owned and operated hospitals, hospitals operated as a county government. nonprofit corporations, hospitals operated by political (c) Kidney dialysis facilities, certain nursing homes, subdivisions of the state, and hospitals operated by the state certain homes for unwed mothers. Persons operating kidney but not owned by the state. dialysis facilities, nursing homes and homes for unwed (b) The term "nursing home" means only institutions mothers operated as religious or charitable organizations are defined as nursing homes in chapter 18.51 RCW. exempt from B&O tax on the services they provide to (c) The term "adult family home" means private homes patients or from the sales of prescription drugs. (See WAC licensed by the department of social and health services as 458-20-18801 ). However, the exemption applies only if no adult family homes (see WAC 388-76-030(2)), and those part of the net earnings received by such an institution which are specifically exempt from licensing under the rules inures, directly or indirectly, to any person other than the institution entitled to deduction hereunder. [ 21 l Emergency WSR 93-21-057 Washington State Register, Issue 93-21 (d) Contributions, donations and endowment funds. any items which are used in providing health care. "Free Amounts received as contributions, donations and endow- hospitals" means a hospital that does not charge patients fo1 ment funds may be excluded from gross income, provided health care provided by the hospital. (Refer to Chapter 205. that no specific service is performed as a condition for laws of Washington 1993). receiving the funds. Amounts received as grants are taxable ill Sales of drugs, medicines, prescription lenses. if specific services are performed as a condition for receiving orthotic devices, medical oxygen, or other substances. the grant. (See WAC 458-20-114.) prescribed by medical practitioners are exempt of retail sale5 (5) Adjustments to revenues. Many hospitals will tax where the written prescription bearing the signature oJ perform charity care where medical care is given without the issuing medical practitioner and the name of the patien1 charge or some portion of a charge will be cancelled. In for whom prescribed is retained((, BREI stteh sales are other cases, medical care is billed to patients at "standard" sevarateI,· aeeettRteEI fer)). Sales of prosthetic devices, rates, but later adjusted to reduce the charges to the rates hearing aids as defined in RCW 18.35.010(3), and ostomic established by contract with Medicare, Medicaid, or with items whether or not prescribed are also exempt of sales tax. private insurers. In these situations the hospital must See WAC 458-20-18801. initially include the total charges as billed to the patient as (((7) Sales ef FHeElieal Stlflfllies, EIHraele ettHiflFHeRt, aRd gross income. An adjustment may be taken at the time of eeRSHFHBBles, ettt e*elttEliRg flF0Sthetie Eleviees BREI esteFHi€ filing future tax returns at such time as the hospital adjusts iteFHs, te hesvitals aREI RttrsiRg heFHe5 fer their ewR Hse iA its records to reflect the actual amounts collected. In no flF0ViGiRg flerSeRBI er flF0feSSieRai Serviees are St113jeet te the event may the hospital reduce its current revenue by amounts retail sales taJt, irresveetive ef ·.vhether er Ret sHeh hesvitals which were not previously included in the taxable base. If er RHrsiRg heFHes are st113jeet te the BHSiRess ta*. the tax rate changes from the time the B&O tax was first paid on the gross charges and the time of the adjustment, it Reviser's note: RCW 34.05.395 requires the use of underlining and may be necessary that the hospital file amended tax returns deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use to report the B&O tax on the transaction as finally complet- of these markings. ed at the rate in effect at the time the service was performed. (((4) Deduetiens. Reviser's note: The typographical error in the above section occurred (a) Hesvitals everateEI ey the URiteEI States er its in the copy filed by the agency and appears in the Register pursuant to the iRstrHFHeRtalities er the state ef WashiRgteR er its velitieal requirements of RCW 34.08.040. sHeElivisieRs FHay EleEIHet aFHeHRts EleriYeEI as eeFHfleRsatieR fer FHeElieal ser'liees te vatieRtS BREI sales ef vreserivtieR ElrHgs BREI FHeElieal SHflfllies furnisheEI as BR iRtegral vart ef WSR 93-21-058 SHeh sen·iees. (See RCW 82.04.4288.) EMERGENCY RULES (13) Other hesvitals everateEI as Renvrefit eeFf3eratieRs as DEPARTMENT OF REVENUE ·well as RHrsiRg heFHes aREI heFHes fer HRweEI FHethers [Filed October 18, 1993, 4:56 p.m.] everateEI as religieHs er eharitaele ergaRiz:atieRs FHB'' alse Date of Adoption: October 18, 1993. EleEIHet the BFHeHRtS EleserieeEI iR SHeseetieR (a) aeeve (see Purpose: To provide taxpayers with interim tax report- RCW 82.04 .4289), vreviEleEI that: ing information while permanent rules are being drafted and (i) ~fo flBrt ef the Ret earniRgs reeeiveEI ey SHeh BR iRstitHtieR iRHres, Elireetly er iRElireetly, te BRY verseR ether to advise taxpayers of potential errors in existing rules thaR the iRstitHtieR eRtitleEI te EleEIHetieR hereHREler; aREI caused by legislative changes. (ii) Ne EleEIHetieR will ee alleweEI HREler (a) ef this Statutory Authority for Adoption: RCW 82.32.300. sHese'etieR, HRless writteR eviEleRee is sHeFHitteEI te the Pursuant to RCW 34.05.350 the agency for good cause ElevartFHeRt ef re,·eRHe shewiRg that the hesvital SHilEliRg is finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, eRtitleEI te e*eFHfltieR freFH taJcatieR ttREler the vreverty ta* safety, or general welfare, and that observing the time laws ef this state. requirements of notice and opportunity to comment upon (e) IR eeFHflHtiRg taJt liaeilit,· there FHay ee EleEltteteEI adoption of a permanent rule would be contrary to the public freFH gress iReeFHe se FHHeh thereef as was EleriYeEI freFH interest. eeRa fide eeRtrietttieRs, EleRatieRS aREI eRElewFHeRt fttREls. Reasons for this Finding: 2ESSB 5967, chapter 25, (See WAC 458 20 114.))) ((~)) (6) Retail sales tax. Retail sales which are Laws of 1993 sp. sess., made tax law changes which took effect on July I, 1993. subject to retailing business tax, as provided earlier, are also Effective Date of Rule: Immediately. subject to retail sales tax. These businesses are required to pay retail sales tax on purchases of medical supplies, durable October 18, 1993 equipment, and consumables. (For tax liability of hospitals Claire Hesselhol1 Policy Counsel on sales of meals, see WAC 458-20-119 and 458-20-244.) (((6) Exemptiens.)) (7) Retail sales and use tax Legislation and Policy exemptions. The following exemptions from the retail sales NEW SECTION and use tax apply: (a) Effective on May 6, 1993, all items which are WAC 458-20-901 Notification of rules with tempo- reasonably necessary for the operation of free hospitals may rary defects. (1) Introduction. The 1993 legislature made be purchased without payment of retail sales or use tax. many changes to the taxes administered by the departmenl This includes all supplies and equipment. It also includes of revenue. Unless otherwise indicated, these changes were Emergency [ 22] Washington State Register, Issue 93-21 WSR 93-21-058 enacted as part of 2nd ESSB 5967, chapter 25, Laws of prevention of disease or other ailments in humans. This Washington 1993, 1st Special Session. Unless otherwise exemption did not include birth control prescriptions since indicated, these changes were effective July 1, 1993. The pregnancy was not considered to be an ailment. The department previously issued on an emergency basis WAC exemption now includes drugs and other substances which 458-20-900 to provide interim tax reporting information and are prescribed by a physician for family planning purposes, to identify rules which are in the process of revision. WAC including prevention of conception. The exemption is also 458-20-900 has expired and is superseded by WAC 458-20- available to family planning clinics that are under contract 901. The department is proceeding to revise its permanent with the department of health to provide family planning administrative rules as rapidly as it can to reflect these services. This exemption became effective on July 1, 1993. changes. The department expects to have these rules revised (f) Resale certificate abuse. An additional penalty may by mid-1994. Changes in the law take precedence over the be imposed after July 1, 1993 for the misuse of a resale administrative rules in the case of conflicts. In order to certificate. The penalty is fifty percent of the retail sales tax assist taxpayers, the following summarizes the major which would have applied to the purchase. The penalty will legislative changes and the rules which have been identified apply even in the absence of fraud or evasion. There are for revision. Taxpayers who report their taxes in the manner also additional restrictions in the use of the resale certificate discussed below will not be penalized as the result of and additional requirements for information which must be subsequent changes of interpretation through the issuance of shown on the resale certificate. The department has issued permanent rules. WAC 458-20-102 on an emergency basis which explains in (2) Summary of major legislative changes. The detail the changes in the use of resale certificates. following is a summary of the major changes to the business (g) Contributions in aid of construction. The exemp- and occupation (B&O) tax, retail sales tax, and use tax: tion previously contained in RCW 82.04.417 was repealed (a) Retail sales tax. Retail sales tax was extended to effective July 1, 1993. a number of new services effective July 1, 1993. These (h) Health maintenance organizations, health care services are now subject to the retailing B&O tax and retail service contractors, certified health plans. Health mainte- sales tax. For the most part, these services were previously nance organizations and health care service contractors were taxable under the service and other business activities previously taxable under the service B&O tax classification. classification of the B&O tax. Refer to subsection (4) for a Effective January 1, 1994, these taxpayers will be subject to list and discussion of the services which have been added as a tax on premiums and prepayments which will be adminis- retail sales. tered by the insurance commissioner's office. To the extent (b) New selected business services B&O tax. There that income is taxable for this "insurance premiums" tax, the is a new B&O tax classification which applies to certain B&O tax will not apply. Co-payments or deductibles paid business services. These services were previously subject to by the patient will continue to be taxable for the B&O tax. the service and other business activities tax classification. Amounts received from the United States or any instrumen- The tax rate for this new classification is 2.5 percent. Refer talities thereof as prepayments for health care services to subsection (5) for a list and discussion of the business provided under Title XVIII (medicare) of the federal social services which are subject to this tax. security act will not become subject to the premiums tax (c) New financial services B&O tax. There is a new until July 1, 1997 and will continue to be subject to the B&O tax classification which applies to persons engaged in B&O tax until that date. banking, loan, security, investment management, investment (i) Sales of vessels to foreign residents. For sales of advisory, or other financial businesses. These services had vessels, retail sales tax will not be due for sales to foreign previously been taxable under the service and other business residents after July 25, 1993, even though delivery is taken activities tax classification. The tax rate which applies to in Washington if all the requirements for exemption are met. this new classification is 1.7 percent. This tax rate applies This exemption is the result of passage of SSB 5368, to all income derived from the listed activities, including Chapter 119, Laws of Washington 1993. The documentation investment and interest income. requirements now in WAC 458-20-238 will apply to foreign (d) Nonprofit and public hospitals. Certain nonprofit residents as well as residents from other states. The retail hospitals were previously exempt of B&O tax. This exemp- sales tax does apply to these sales if the vessel will be used tion, contained in RCW 82.04.4288, has been repealed by in Washington for more than forty-five days. 2ESSB 5304, Chapter 492, Laws of Washington 1993. (j) Cigarette and tobacco products. The taxes on These hospitals, as well as those operated by the state or any cigarettes and tobacco products have been increased and are of its political subdivisions, are taxable under the nonprofit scheduled for additional increases over the next several public hospital B&O tax classification effective July 1, 1993. years. The B&O tax rate for these taxpayers is .75 percent. Those (k) Tax deferrals. The tax deferral programs have hospitals which were previously taxable under the service been extended. and other business activities classification will continue to be (I) Sales to nonresidents with local delivery. The law taxable under that classification. Taxpayers engaged in this provides an exemption from retail sales tax for sales of business should also refer to WAC 458-20-168 which has tangible personal property to nonresidents of certain other been amended on an emergency basis. states, possessions, or provinces of Canada when the item is (e) Birth control prescriptions. The Jaw previously purchased for use outside Washington, but previously contained an exemption from retail sales tax for prescription required the seller to examine two pieces of identification of drugs or other substances which are prescribed and dis- the purchaser. Only residents of states, possessions, or pensed for the diagnosis, cure, mitigation, treatment, or provinces having less than a three percent sales tax qualify. [ 23 ] Emergency WSR 93-21-058 Washington State Register, Issue 93-21 SB 5251, Chapter 444, Laws of Washington 1993, requires this purchase into the purchase of a gift certificate. The the vendor to examine only one piece of identification of the following examples show the distinction. customer. The identification document must contain a (i) Jane Doe purchases a gift certificate having a value photograph of the customer and be intended to establish of $50 from ABC Physical Fitness Club. ABC will allov residency of the purchaser in a tax exempt qualifying state, non-members to use its physical fitness facilities through ai possession, or province, such as a drivers license. The seller hourly usage charge. It also has a store from which healtl must continue to retain a record which identifies the custom- foods are sold. Jane Doe gives the gift certificate to a non er and proof that was relied upon in making the tax exempt member. The sale is considered to take place at the time the sale. This provision became effective July 25, 1993. gift certificate is redeemed. The tax classification whicl (m) Printing and publishing. Publishers of periodicals applies will depend on the type of purchases made and the or magazines are no longer taxable under the printing and tax classification which applies to those purchases at the publishing B&O classification. Such persons will now be time of redemption. taxable under the wholesaling or retailing B&O tax classifi- (ii) Jane Doe purchases the right to ten tanning sessions cation on sales of the magazines or periodicals made within Payment is made in full and Jane Doe is entitled to use the Washington. Sales made to persons outside Washington will tanning booth anytime. Under the terms of the purchase be taxable under the manufacturing B&O tax. Sales of agreement, Jane Doe may give the right to some or all o advertising will be taxable under the service and other these tanning sessions to anyone she pleases. This is < business activities B&O tax. prepaid service. The tax classification which applies is tha (3) Effect of tax rate changes and timing for tax which was in effect at the time Jane Doe made her payment reporting. Taxpayers must report their business activities in (4) New retail services. A number of new service! the proper tax reporting period in order to avoid future tax have been added to the definition of a retail sale. These assessments because of the failure to report the income under service providers continue to be subject to payment of the the proper tax classification where the tax classification has retail sales tax on purchases of equipment which is used ir changed as the result of a Jaw change. Taxpayers can be providing the service. The following services have beer generally guided by WAC 458-20-235 and WAC 458-20-145 added and are now subject to the retail sales tax: in determining in which period a sale should be reported, (a) Landscape maintenance and horticultural servic though these sections deal primarily with retail transactions. es. This includes grass cutting, hedge trimming, waterin! (a) B&O tax and retail sales tax. With respect to lawns and other plants, pruning or trimming of trees anc services performed and billed after the change in tax shrubs, fertilizing, pest spraying, etc. classifications, the tax classification which applies is the one (b) Service charges for professional sports tickets in effect at the time the service is performed, irrespective This involves the purchase of tickets to professional sportin! that a contract may have been signed prior to the change. events when the tickets are purchased from independen Where the work is begun prior to the tax classification ticket agents and the agent makes a charge for providing thi! change and there are progress billings, the proper tax service. The fee for handling the sale of tickets to attenc classification for tax reporting is the one in effect at the time professional sporting events is subject to the retail sales tax the service provider was entitled to receive the progress The local retail sales tax will be based on the location of the payment. seller used by the purchaser in making the purchase. The (b) Prepaid services. When the customer has paid for admission charge to the event is not subject to the retai the service in full and is entitled to receive the service prior sales tax. The fee for handling the sale of tickets to cultura to the tax classification change, the income will be taxable events, nonprofessional sports events, or other events is no under the classification in effect at the time payment was a retail sale and this income continues to be taxable unde1 received, irrespective that actual performance of the service the service classification. may occur after the tax classification change. (c) Guided tours and charters. Charges for guidec (c) Sales of gift certificates. When a gift certificate is tours and guided charters in Washington are subject to retai sold which will be redeemed for services, the sale is consid- sales tax. Persons engaged in these business activitie! ered to take place at the time the gift certificate is redeemed should refer to WAC 458-20-258, filed October 18, 1993 and should be reported under the tax classification in effect for more information. at that time. It is important that sellers understand the (d) Physical fitness services. This includes all activi difference between prepaid services and gift certificates. ties of services related to physical fitness such as, weigh The purchaser of a gift certificate does not purchase a lifting, running tracks, exercise equipment, aerobics classes specific service or merchandise. The decision as to the personal trainers, etc. Certain activities, such as swimming service or merchandise which will be purchased is not made racquet ball, tennis, etc., were previously a retail sale anc until the time the certificate is given to the seller for redemp- continue to be taxable as such. Physical fitness services de tion. The value of the certificate is applied as if it were cash not include self-defense classes, martial arts classes, yoga, o towards the purchase price, which may be less or greater stress-management classes. For persons who are engaged ir than the value of the certificate. On the other hand, a these activities and who receive the income in the form o prepaid service involves the situation where the customer dues and initiation fees, WAC 458-20-114 explains the purchases a specific service or merchandise, makes full available methods for determining the taxable income anc payment, and is entitled to receive the service or merchan- for allocating the income under the appropriate tax classifica dise. The fact that the customer may choose to purchase the tions. This applies to all organizations offering these service or merchandise as a gift for a friend does not change services, including health fitness clubs, parks and recreatior departments, hospitals, and nonprofit youth organizations Emergency [ 24] Washington State Register, Issue 93-21 WSR 93-21-058 Nonprofit youth organizations should refer to the special fee for providing temporary or permanent employees notice which the department has sent to these organizations continue to be taxable under the service and other business for additional tax reporting information. Organizations tax classification. which have not previously had to allocate their income under (b) Computer services. This category includes but is WAC 458-20-114 should contact the Department for not limited to computer programming, custom software assistance in calculating the percentage of dues which should modification, custom software installation, custom software be allocated as retail sales as a result of this change in the maintenance, custom software training, and computer law. systems design. The sale of software which will be sold to (e) Tanning and tattoo services. multiple users (generally referred to as "canned software") (f) Escort and dating services. will continue to be a retail sale. The change in the law is to (g) Steam, sauna and Turkish baths. make those computer services which were previously taxed (h) Massage services. However, massage services under the service classification taxable under this new B&O which are performed as part of physical therapy services will tax classification. not considered retail sales. For purposes of this rule, (c) Data processing services. This category includes "physical therapy services" are defined as a treatment plan but is not limited to word processing, data entry, data for physical illness, injury, or accident ordered or prescribed retrieval, data search, information compilation, payroll by a doctor. Physical therapy services will not be consid- processing, business accounts processing, data production, ered to be retail activities regardless of who performs the and other computerized data and information storage or services. Physical therapy services, when performed under manipulation. Data processing services also includes the use a doctor's order, will continue to be taxable under the of a computer or computer time for data processing, whether service and other business activities classification, including the processing is performed by the provider of the computer any massage services which are part of the physical therapy. or by the purchaser or other beneficiary of the service. The therapist must keep a copy of the doctor's referral on (d) Information services. Information services include file. but are not limited to electronic data retrieval or research (i) Coin-operated laundry facilities. The law previ- that entails furnishing financial or legal information, data or ously taxed as a retail sale the use of laundry services, research, general or specialized news, or current information including coin-operated laundry facilities, with the exception unless such news or current information is furnished to a of coin-operated laundry facilities in apartment houses, newspaper publisher or to a radio or television station hotels, motels, or similar locations where the facilities were licensed by the federal communications commission. for the exclusive use of the tenants. This exception has been (e) Legal, arbitration, and mediation services. This removed to now include all laundry services as a retail sale. includes but is not limited to paralegal services, legal Any commissions or amounts received by apartment owners, research services, and court reporting services. hotels, or motels for allowing the owner of the machines to (f) Accounting, auditing, actuarial, bookkeeping, tax place the machines on the premises continue to be taxable preparation, and similar services. under the service and other business activities classification. (g) Design services. Design services, whether per- See WAC 458-20-118. formed by a certified, noncertified, or licensed person, (j) Equipment rental with operator. The law now includes and is not limited to the following: defines equipment rental with operator services as a retail (i) Engineering services, including civil, electrical, sale. However, where the charge is not for the rental of mechanical, petroleum, marine, nuclear, and design engineer- equipment with an operator, but is for providing subcontract ing, machine designing, machine tool designing, and sewage services, the income will be taxable based on the nature of disposal system designing; the services performed. For example, a person who provides (ii) Architectural services, including but not limited to: transportation services will continue to be taxable under the structural or landscape design or architecture, interior design, appropriate public utility tax classification even though building design, building program management, and space equipment and an operator are involved in providing the planning. service. This also includes stevedoring, public road con- (h) Business consulting services. Business consulting struction and similar activities. Though not determinative, services are those primarily providing operating counsel, the department will consider the type of contract in deter- advice, or assistance to the management or owner of any mining if the sale is in the nature of a rental of equipment business, private, nonprofit, or public organization, including with operator or is in the nature of a contract where the but not limited to those in the following areas: administra- contractor has the responsibility to perform activities to tive management consulting, general management consulting, contract specifications. Persons who provide the services of human resource consulting or training, management engi- equipment with an operator are the consumers of the neering consulting, management information systems equipment and subject to retail sales or use tax on equipment consulting, manufacturing management consulting, marketing purchases. consulting, operations research consulting, personnel man- (5) Selected business services. The new B&O tax agement consulting, physical distribution consulting, site classification for selected business services includes the location consulting, economic consulting, motel, hotel. and following services: resort consulting, restaurant consulting, government affairs (a) Stenographic, secretarial, and clerical services. consulting, and lobbying. However, this does not include persons who operate employ- (i) Business management services. This includes, but ment offices which provide temporary or permanent employ- is not limited to, administrative management, business ees. Persons operating employment offices who receive a management, and office management. Property management [ 25] Emergency WSR 93-21-058 Washington State Register, Issue 93-21 or property leasing, motel, hotel, and resort management, and States and which are used primarily for foot or vehicular automobile parking management are not taxable under this traffic. classification and remain taxable under the service and other (r) WAC 458-20-179 Public utility tax. business activities classification. (s) WAC 458-20-180 Motor transportation, urban (j) Protective services. This includes, but is not limited transportation. to, detective agency services and private investigating (t) WAC 458-20-183 Amusement and recreation services, armored car services, guard or protective services, activities and businesses. lie detection or polygraph services, and security system, (u) WAC 458-20-18801 Prescription drugs, prosthetic burglar, or fire alarm monitoring and maintenance services. and orthotic devices, ostomic items, and medically prescribed (k) Public relations or advertising services. This oxygen. includes, but is not limited to, layout, art direction, graphic (v) WAC 458-20-193 Inbound and outbound interstate design, copy writing, mechanical preparation, opinion sales of tangible personal property. research, marketing research, marketing, or production (w) WAC 458-20-194 Doing business inside and supervision. It does exclude services provided as part of outside the state. broadcast or print advertising. Services performed as part of (x) WAC 458-20-207 Attorneys. broadcast or print advertising continue to be taxable under (y) WAC 458-20-210 Sales of agricultural products by the service and other business activities tax classification. persons producing the same. (I) Aerial and land surveying, geological consulting, (z) WAC 458-20-211 Leases or rental of tangible and real estate appraising. personal property, bailments. ( 6) Administrative rules being revised. There are a (aa) WAC 458-20-218 Advertising agencies. number of administrative rules of the department which will (bb) WAC 458-20-224 Service and other business not be entirely correct until revised. The information activities. provided above should be sufficient for taxpayers to identify (cc) WAC 458-20-226 Landscape gardeners. the specific items in the rule which are no longer correct. If (dd) WAC 458-20-228 Returns, remittances, penalties, you have any uncertainty of your tax liability, you are extensions, interest, stay of collection. encouraged to contact the department to obtain answers to (ee) WAC 458-20-233 Tax liability of medical and specific tax questions. The following rules are being hospital service bureaus and associations and similar health revised: care organizations. (a) WAC 458-20-102 Resale certificates. (ff) WAC 458-20-238 Sales to nonresidents of water- (b) WAC 458-20-103 Time and place of sale. craft requiring Coast Guard registration or documentation. (c) WAC 458-20-114 Nonbusiness income-Bona fide' (gg) WAC 458-20-240 Manufacturers, tax credits. initiation fees, dues, contributions, tuition fees and endow- (hh) WAC 458-20-24001 Sales and use tax deferral- ment funds. Manufacturirig and research/development facilities. (d) WAC 458-20-119 Sales of meals. (ii) WAC 458-20-24002 Sales and use tax deferral- (e) WAC 458-20-122 Sales of feed, seed, fertilizer and New manufacturing and research/development facilities. spray materials. (jj) WAC 458-20-258 Travel agents and tour operators. ( f) WAC 458-20-125 Miscellaneous sales for farm use. (kk) WAC 458-20-185 Tax on tobacco products. (g) WAC 458-20-127 Magazines and periodicals. (II) WAC 458-20-186 Tax on cigarettes. (h) WAC 458-20-138 Personal services rendered to (mm) WAC 458-20-189 Sales to and by the state of others. Washington, counties, cities, school districts and other (i) WAC 458-20-143 Publishers of newspapers, municipal subdivisions. magazines, and periodicals. G) WAC 458-20-146 National and state banks, mutual savings banks, savings and loan associations and other financial institutions. WSR 93-21-067 (k) WAC 458-20-155 Information and computer EMERGENCY RULES services. DEPARTMENT OF REVENUE (I) WAC 458-20-165 Laundries, dry cleaners, laundry [Filed October 19, 1993, 3:55 p.m.] agents, self service laundries and dry cleaners. Date of Adoption: October 19, 1993. (m) WAC 458-20-166 Hotels, motels, boarding houses, Purpose: To implement chapter 25, Laws of 1993 sp. rooming houses, resorts, summer camps, trailer camps, etc. sess., by repealing, amending, and adding new sections to (n) WAC 458-20-167 Educational institutions, school existing chapter 458-61 WAC. districts, student organizations, private schools. Citation of Existing Rules Affected by this Order: See (o) WAC 458-20-168 Hospitals, medical care facilities, repealer section below; amending WAC 458-61-030 Defini- and adult family homes. tions, 458-61-050 Payment of tax-County treasurer as agent (p) WAC 458-20-170 Constructing, and repairing of for the state, 458-61-060 Disposition of proceeds, 458-61- new or existing buildings or other structures upon real 070 Affidavit batch transmittal, 458-61-080 Affidavit property. requirements, 458-61-090 Interest and penalties-Date of (q) WAC 458-20-171 Building, repairing or improving sale (new title-formerly: Timing of payment-Late streets, roads, etc., which are owned by a municipal corpora- payment penalty), 458-61-100 Refunds of tax paid, 458-61- tion or political subdivision of the state or by the United 120 Evasion penalty (new title-formerly: Fraud), 458-61- 130 Department audit responsibility, 458-61-150 Supplemen- Emergency [ 26] Washington State Register, Issue 93-21 WSR 93-21-067 tal statements, 458-61-200 Apartments, 458-61-210 Assign- WSR 93-21-077 ments-Purchasers, 458-61-220 Assignments-Sellers, 458- EMERGENCY RULES 61-230 Bankruptcy, 458-61-250 Cemetery lots or graves, DEPARTMENT OF 458-61-300 Contractor, 458-61-330 Foreclosure-Deeds in SOCIAL AND HEALTH SERVICES lieu of foreclosure (new title-formerly: Court order- (Institutions) Transfer pursuant to), 458-61-335 Easements, development [Order 3652-Filed October 20, 1993, 11:21 a.m., effective October 21, rights, water rights and air rights (new title-formerly: 1993, 12:01 a.m.] Development rights and air rights), 458-61-340 Community Date of Adoption: October 20, 1993. property-Dissolution of marriage/divorce, 458-61-370 Purpose: New WAC 275-27-221 Family financial Exchanges-Trades, 458-61-400 Creation, assignment and participation, requires families receiving family support release of security interests (new title-formerly: Fulfillment services to provide the department information regarding deed), 458-61-410 Gifts and inheritances (new title- family income and family size. To include the incremental formerly: Gifts), 458-61-420 Government transfers (new formula for determining the families' ability to participate in title-formerly: Government, transfers to or form), 458-61- the purchase of needed services. Defines gross family 430 Sale of improvements to land (new title-formerly: income, dependents, family, and disability related expenses. Improvements sold on leased land), 458-61-470 Irrigation Citation of Existing Rules Affected by this Order: equipment, 458-61-480 IRS "tax deferred" exchange, 458-61- Amending WAC 275-27-220 Family support services and 510 Leases (new title-formerly: Lease with option to 275-27-223 Service need levels. purchase), 458-61-520 Mineral rights and mining claims Statutory Authority for Adoption: RCW 7 lA.12.040. (new title-formerly: Mineral rights), 458-61-540 Mobile Other Authority: Chapter 24, Laws of 1993 sp. sess. and floating home sales (new title-formerly: Mobile home Pursuant to RCW 34.05.350 the agency for good cause sales), 458-61-550 Nominee, 458-61-555 Option to purchase, finds that immediate adoption, amendment, or repeal of a 458-61-590 Rescission of sale, 458-61-610 Rerecord, 458- rule is necessary for the preservation of the public health, 61-640 Sheriffs sale, 458-61-650 Tenants in common and safety, or general welfare, and that observing the time joint tenants (new title-formerly: Tenants in common), requirements of notice and opportunity to comment upon 458-61-660 Timber, standing, and 458-61-670 Trade-in adoption of a permanent rule would be contrary to the public credit; and new sections WAC 458-61-015 General informa- interest. tion, 458-61-025 Taxability of the transfer or acquisition of Reasons for this Finding: 1993 legislature reduced the the controlling interest of an entity with an interest in real division's family support budget with the expectation that the property located in this state, 458-61-235 Boundary line division would implement a family financial participation adjustments, 458-61-255 Clearing title, 458-61-375 Exemp- program. tion-Mere change identity or form-Family corporations Effective Date of Rule October 21, 1993, 12 01 a.m and partnerships, 458-61-376 Exemption-Transfers where October 20, 1993 gain is not recognized under the Internal Revenue Code, Dewey Brock, Chief 458-61-548 Native American, and 458-61-553 Nonprofit Office of Vendor Services organizations. Statutory Authority for Adoption: RCW 82.32.300. AMENDATORY SECTION (Amending Order 3372, filed Other Authority: Chapter 25, Laws of 1993 sp. sess. 4/21/92, effective 5/22/92) Pursuant to RCW 34.05.350 the agency for good cause WAC 275-27-220 Family support services. ( 1) The finds that immediate adoption, amendment, or repeal of a department's intent of family support services shall be to: rule is necessary for the preservation of the public health, (a) Reduce or eliminate the need for out-of-home safety, or general welfare, and that observing the time residential placement of a client ((wkereiA)) where the in- requirements of notice and opportunity to comment upon home placement is in the client's best interest; adoption of a permanent rule would be contrary to the public (b) Allow a client to live in the most independent setting interest. possible; and Reasons for this Finding: Effective date of new (c) Have access to services best suited to a client's provisions of law regulating real estate excise tax are needs. effective July I, 1993. These rules govern the procedures (2) The department's family support services shall required by taxpayers to comply and by department of include, but not be limited to, the following services: revenue to administer this tax. Readoption of emergency (a) Emergency or planned respite care; rules originally filed June 25, 1993, required by taxpayers (b) Attendant care; until permanent rules are adopted. (c) Therapeutic services, including: Effective Date of Rule: Immediately. (i) Physical therapy; October 19, 1993 (ii) Occupational therapy; Gary K. O'Neil (iii) Behavior management therapy; and Assistant Director (iv) Communication therapy. (d) The purchase, rental, loan, or refurbishment of Reviser's note: The material contained in this filing will appear in the 93-23 issue of the Register as it was received after the applicable specialized equipment, environmental modifications, and closing date for the issue for agency-typed material exceeding the volume other adaptations; and limitations of WAC 1-21-040. [ 27] Emergency WSR 93-21-077 Washington State Register, Issue 93-21 (e) Other service ((fHJFs1:1ant te)) approved by the the family's main home; accumulation distributions from director or designee as described under subsection (1) of this trusts; scholarships and fellowship grants; original issue section ((a1313re·retl ey the tlireeter er tlesignee)). discount, distribution from simplified employee pensions (3) The department shall authorize services to the family (SEPs) and deductible employee contributions (DECs); for a specified time-limited period. amounts received in place of wages from accident and health (a) A departmental service authorization shall state the plans if employer paid for the policy; bartering income, Tier type, amount, and period (duration) of service. Each 2 and supplemental annuities under the Railroad Retirement department authorization shall constitute a new service for a Act; life insurance proceeds from a policy the family cashed new period. in if the proceeds are more than the premiums paid; endow- (b) If requested family support services are not autho- ments; lump-sum distributions; prizes and awards; gambling rized, such actions shall be deemed a denial of services. winnings; Social Security; capital gains; and child support. (c) Family support services may be authorized below the (b) "Income" does not include earned income by amount requested by the family for the period. When, dependent family members, or not include income of a during the authorized service period, family support services family member who resides in another household when such are reduced or terminated below the amount specified in income is not available to the family member seeking family service authorizations, the department shall deem such support services. actions as a reduction or termination of services. (2) "Family" means a person or a person and the ( 4) The department shall authorize family support person's spouse, if not legally separated, and the person's services in accordance with department-established policies dependents. ((estaelishetl e~· the tle13artment)). The department shall base (3) "Dependent" means a relative who depends on the periodic service authorizations on: family income for at least half of the relative's support. (a) Requests for family support services described in (4) "Disability-related expenses" means the most recent subsection (2) of this section; annual expenses provided by the family to eligible clients (b) Service need levels as described in section 223 of including bills from physician, dentists, and other medical this chapter; professionals; the clients' health insurance premiums and/or (c) Availability of family support funding; ((-atttl)) medical spenddown; amounts paid to rent or purchase (d) The family's ability to purchase services required by medical equipment; amounts paid for modification of homes a minor client as described under WAC 275-27-221 based on or vehicles to accommodate the eligible child(ren); special- family-provided financial information; ized clothing; exceptional child care and other disability- ill Authorization by a review committee, in each related expenses. regional office, which reviews each request for service; and (5) Based on the level of family support services (0 Authorization of family support services shall be authorized under WAC 275-27-220(4) for a client who is contingent upon the applicant providing accurate and under eighteen years of age, in order to be authorized for complete information concerning family income and disabili- family support services, each family shall provide the ty-related expenses as requested by the department. Failure department with accurate and complete information on the: to provide accurate and complete information may result in (a) Family's annual gross income; reduction in the family's family support service authoriza- (b) Family size; and tion. Such reduction shall not result in family participation (c) Client's disability-related expenses sufficient to beyond that required by the actual level of family income assess the family's ability to participate in the purchase of and disability-related expenses for the period in question. family support services. (5) The department shall ensure service authorizations (6) The department shall make an assessment of the do not exceed maximum amounts for each service need level family's ability to purchase services required by the client as based on the availability of funds. follows: (6) The department shall not authorize a birth parent, (a) Determine the annual gross income of the eligible adoptive parent, or stepparent living in the same household client's family; as the client as the direct care provider for respite, attendant, (b) Not require families, whose annual gross income is nursing, therapy, or counseling services for a child under less than two hundred percent of the federal poverty guide- eighteen years of age. lines based on family size, to participate in the purchase of family support services; NEW SECTION (c) Require families, whose annual gross income is two hundred percent or more of the federal poverty guidelines on WAC 275-27-221 Family financial participation. (I) family size, to participate in the purchase of the services "Gross family income" means the total income of all according to the following incremental formula: members of a family. (i) For that portion of a family's income between two (a) Income includes earned income, such as wages and hundred percent and four hundred percent of the federal tips; unearned income, such as interest, dividends, and poverty guidelines based on family size, family financial pensions; family's share of income from S corporations participation shall be four percent times that portion of the (domestic corporation with one class of stock having thirty- family's reported income; five or less shareholders, who are U.S. citizens), partner- (ii) In addition, for that portion of a family's income ships, estates, and trusts; gains from the sale or exchange between four hundred percent and six hundred percent of the (including barter) of real estate, securities, coins, gold, silver, federal poverty guidelines based on family size. family gems, or other property; gain from the sale or exchange of Emergency [ 28 J Washington State Register, Issue 93-21 WSR93-21-077 f_inancial parti~ipation shall be four and one-half percent . (9) The department may recompute the level of partici- times that portion of the family's reported income; pat10n when the difference is less than one hundred twenty (iii) In addition, for that portion of a family's income dollars. between six hundred percent and eight hundred percent of the fe~eral P?~ert~ guidelines based on family size, family AMENDATORY SECTION (Amending Order 3372, filed financial part1c1pat1on shall be five percent times that portion 4/21/92, effective 5/22/92) of the family's reported income; (iv) In addition, for that portion of a family's income WAC 275-27-223 Service need levels. (I) The between eight hundred percent and one thousand percent of department shall use service need levels to determine t?e fe~eral po~~rty ~uidelines based on family size, family periodic family support service authorizations. f~nancial part1c1pat10n shall be five and one-half percent (2) The department shall determine service need. levels times that portion of the family's reported income; in order of priority for funding as follows: (v) In addition, for that portion of a family's income (a) Service need level I: Client is at immediate risk of between one thousand percent and twelve hundred percent of out-of-home placement without the provision of family the fe~eral P?~ert~ guidelines based on family size, family support services. The client needs intensive residential financial part1c1pat1on shall be six percent times that portion su~port to assist the client's family to care for the family's of the family's reported income; child or adult requiring nursing services, attendant care, or (vi) In addition, for that portion of a family's income support due to difficult behaviors. ((The elieHt fftl:ISt Feeeive between twelve hundred percent and fourteen hundred the fftajoFity of family Sl lflf>OFt sen·iees iH s1 1eh elieHt's p_ercent ~f the federal poverty guidelines based on family hoFHe. AH existiHg or Hew eligible elieHt m1:1st have Fe size, family financial participation shall be six and one-half eeh·~d, O'+"eF the most FeeeHt tkree moHths, at least teH days percent times that portion of the family's reported income; OF eighty ho1:1Fs peF moAth of stteh sen·iee;)) A client shall: (vii) In addition, for that portion of a family's income (i) Have received, over the past three months, at least between fourteen hundred percent and sixteen hundred ten days or eighty hours of service; or percent of the federal poverty guidelines based on family (ii) Need to receive at least ten days or eighty hours per s_ize, family fi~ancial participation shall be seven percent month of service to prevent immediate out-of-home place- times that portion of the family's reported income; ment. (viii) In addition, for that portion of a family's income (b) Service need level 2: Client is at high risk of out- between sixteen hundred percent and eighteen hundred of-h?me placement without the provision of family support p_ercent o_f the federal poverty guidelines based on family ~erv1~e.s and has one or more of the following documented m wntmg: size, family financial participation shall be seven and one- (i) The client: ?alf percent times that portion of the family's reported income; (A) Currently receives adult protective services or (ix) In addition, for that portion of a family's income division of children and family services as an active: between eighteen hundred percent and two thousand percent (I) Child protective service client; of the federal poverty guidelines based on family size, (II) Child welfare service client; or family financial participation shall be eight and one-half (III) Family reconciliation service client. percent times that portion of the family's reported income; (B) Has returned home from foster care or group care and placement within the last six months· (x) The department will not authorize family support (C) Has a serious medical probl~m requiring close and services for families whose annual gross income is over two ongoing monitoring and/or specialized treatment, such as: thousand percent of the federal poverty guidelines based on (I) Apnea monitor; (II) Tracheotomy; size. (d) The annual gross income shall be adjusted down- (III) Heart monitor; ward for annual disability-related expenses incurred by the (IV) Ventilator; family for eligible clients. (V) Constant monitoring due to continuous seizures; (7) The department may re-evaluate at any time the (VI) Immediate life-saving intervention due to life ability of a family to purchase required family support threatening seizures; services under this subsection, but not less than once per (VII) Short bowel syndrome; or (VIII) Brittle bone syndrome. year or when the department believes there is a change of (D) Has a dual diagnosis based on current mental health factors that determine ability to purchase services including family income and family size. DSM Axis I diagnosis; (8) The department shall recompute the required level (E) Has an extreme behavioral challenge resulting in of participation as described under subsection (7) of this health and safety issues for self and/or others which: section if the department's re-evaluation reveals a difference (I) Resulted in serious physical injury to self or others of one hundred twenty dollars or more between the: within the last year; (a) Family's current ability to participate in the purchase (II) For a client who is two years of age or older, requires constant monitoring when.awake for personal safety of family support services; and (b) Level of financial participation most recently reasons; or determined by the department. (III) Is of imminent danger to self or others as deter- mined by a psychiatrist, psychologist, or other qualified professional. [ 29 J Emergency WSR 93-21-077 Washington State Register, Issue 93-21 (F) Is ten years of age or older or weighs forty pounds (vi) Statements from other professionals. or more, requires lifting, and needs direct physiCal assistance (c) Caregiver conditions, such as acute and/or chronic: in three or more of the following areas: (i) ((Ae1:1te aRd/er elueRie)) Stress; (I) Bathing; (ii) ((Ae1:1te aRd/er ekreRie))fhysical limitations; and (II) Toileting; (iii) ((Ae1:1te aRdfer ehreRie)) Mental and/or emotional (III) Feeding; impairments. (IV) Mobility; or (d) Client's need for intense medical, physical, or (V) Dressing. behavioral support; (ii) The caregiver: (e) Family's ability to use typical community resources; (A) Is a division of developmental disabilities client; (f) Availability of private, local, state, or federal (B) Has a physical or medical problem that interferes resources to help meet the need for family support; with providing care; or (g) Severity and chronicity of family or client problems; (C) Has serious mental health or substance abuse and problems and: (h) Degree to which family support services will: (I) Is receiving counseling for these problems; or (i) Ameliorate or alleviate such problems; and (II) Has received or applied for counseling within the (ii) Reduce the risk of out-of-home placement. past six months. (((4) BegiRRiRg May 1, 1992, tke departffieRt's re·,·ised (c) Service need level 3: The family is at risk of serviee Reed le,·el defiRitieRS skall ee iR effeet. Tke significant deterioration which could result in an out-of-home departffieRt' s sen·iee Reed levels e1 1rreRtl r defiRed 1 1Rder placement of the client without provision of family support seetieR 223 ef tkis ekapter shall refflaiR iR effeet tkre1:1gk services due to the following: April 1992.)) (i) The client requires direct physical assistance, above what is typical for such client's age, in three or more of the following areas: (A) Bathing; WSR 93-21-080 (B) Toileting; EMERGENCY RULES DEPARTMENT OF (C) Feeding; (D) Mobility; or SOCIAL AND HEALTH SERVICES (Public Assistance) (E) Dressing. (Health) (ii) The client has current behavioral episodes resulting [Order 3653-Filed October 20, 1993, 11:24 a.m., effective October 21, m: 1993, 12:01 a.m.] (A) Physical injury to the client or others; (B) Substantial damage to property; and/or Date of Adoption: October 20, 1993. (C) Chronic sleep pattern disturbances or chronic Purpose: New chapter 388-43 WAC, Deaf and hard oJ continuous screaming behavior. hearing services, defines the Office of Deaf and Hard oJ (iii) The client has medical problems requiring substan- Hearing Services (ODHHS), repeals chapter 248-172 WAC tial extra care; and/or from the Department of Health, makes changes in the (iv) The family is: telecommunications access service (TAS) equipment redistri- (A) Experiencing acute and/or chronic stress; bution process as mandated by SHB 1752 in 1993. (B) Has acute or chronic physical limitations; or Citation of Existing Rules Affected by this Order (C) Has acute or chronic mental or emotional limita- Repealing chapter 248-172 WAC, General provisions. tions. Statutory Authority for Adoption: RCW 43.20A.720 (d) Service need level 4: Family needs temporary or 43.20A.725, and 43.20A.730. ongoing services in order to: Other Authority: SHB 1752. (i) Receive support to relieve and/or prevent stress of Pursuant to RCW 34.05.350 the agency for good cause caregiver/family; or finds that state or federal law or federal rule or a federa (ii) Enhance the current functioning of the family. deadline for state receipt of federal funds requires immediate (3) The department shall determine service need level of adoption of a rule. the client's servic!! request by reviewing information re- Reasons for this Finding: Places the rules under the ceived from the client, family, and other sources about: Department of Social and Health Services, Office of Dea (a) Whether client is an active recipient of services from and Hard of Hearing Services. Creates new rules in thi the division of children and family services or adult protec- telecommunications access service equipment redistributiOI tive services; process as mandated by 1993 legislative changes. (b) Whether indicators of risk of out-of-home placement Effective Date of Rule October 21, 1993, 12 01 a.m exist, and the imminence of such an event. The October 20, 199'. department's assessment of such risk may include: -- Dewey Brock, Chie (i) Review of family's requests for placement; Office of Vendor Service: (ii) History of family's involvement with children's protective services or adult protective services; (iii) Client's current adjustment; (iv) Parental history of psychiatric hospitalization; (v) Clinical assessment of family's condition; and Emergency [ 30 l Washington State Register, Issue 93-21 WSR 93-21-080 Chapter 388-43 WAC (4) "Deaf" means a condition of severe or complete DEAF AND HARD OF HEARING SERVICES absence of auditory sensitivity where the primary effective receptive communication mode is visual or tactile, or both. NEW SECTION (5) "Deaf-blind" means a hearing loss and a visual WAC 388-43-001 Scope. (1) The office of deaf and impairment that require use of a TTY to communicate hard of hearing services (ODHHS) within the department of effectively on the telephone, and may require a specific social and health services (DSHS): telecommunications device for a person with limited sight, (a) Provides DSHS information relatingto deaf, hard of as certified under WAC 388-43-010. (6) "Department" means the department of social and hearing, and/or deaf-blind; health services. (b) Provides DSHS technical assistance regarding (7) "Distribution center" means a facility under contract deafness; to DSHS services including but not limited to: (c) Provides DSHS training and workshops on deafness; (a) Providing literature about TAS programs; and (b) Providing space for qualified trainers to instruct (d) Assists DSHS in securing sign language interpreters recipients in the use of telecommunications equipment; services for DSHS deaf clients. (c) Providing storage space for telecommunications (2) ODHHS maintains and oversees the telecommunica- equipment; and tion access services (TDD relay and distribution program), (d) Point of contact for persons to communicate with and serves as administrator responsible for the DSHS ODHHS or TAS. advisory committee on deafness. (8) "Federal poverty level guidelines" means the poverty level established by P.L. 97-35 § 52 (codified at 42 USC § NEW SECTION 9747), § 673(2) (codified at 42 USC § 99202(2)) as amend- WAC 388-43-002 Regional centers. The office of ed; and the Poverty Income Guideline updated annually in deaf and hard of hearing services (ODHHS) shall contract the Federal Register. with regional centers for the deaf and hard of hearing. (9) "Hard of hearing" means a condition of some absence of auditory sensitivity with residual hearing which NEW SECTION may be sufficient to process linguistic information through audition with or without amplification under favorable WAC 388-43-003 Services. (1) Within the available listening conditions, or a condition of other auditory handi- funds, contractors shall provide quality human services for capping conditions. a person who is deaf or hard of hearing. ( 10) "Hearing disabled" means a hearing loss that (2) Within available funds, and as specified by contract, requires use of either a TTY, telebraille, large visual display the department shall ensure the Washington regional service or an amplifier to communicate effectively on the telephone, centers provide: and may require the use of a signal device to indicate when (a) Information services relating to deafness services; the telephone is ringing, as certified under WAC 388-43-010. (b) Coordination among private and public agencies, the (11) "ODHHS" means the office of deaf and hard of office of deaf and hard of hearing services (ODHHS), hearing services, department of social and health services. regions, and the deaf community; ( 12) "Official application date" means the date the (c) Training and consultative services to public and department received the completed telecommunications private agencies; equipment application form. (d) Advocacy for a deaf or hard of hearing client; (13) "Qualified trainer" means a person knowledgeable (e) Assistance to a deaf or hard or hearing client in about the appropriate use of TTYs, amplifiers, telebrailles, applying for and securing programs and services from and/or signal devices, capable of instructing recipients with DSHS; and differing hearing and vision disabilities. The qualified (f) Assistance and perform other duties relating to trainer shall be fluent in American Sign Language and able deafness as required by the contract. to communicate with persons with a hearing or speech disability who use other communication modes. NEW SECTION (14) "Recipient" means a person who or organization WAC 388-43-005 Definitions. The following defini- which has received a state-issued TIY, amplifier, telebraille, tions shall apply in this chapter, unless the context otherwise large visual display, or signal device. requires: (15) "School age" means a child five years to seventeen (1) "Amplifier" means an electrical device for use with years of age. a telephone which amplifies the sounds being received (16) "Signal device" means a electronic device that during a telephone call or a telephone with built-in amplifi- alerts a hearing impaired or deaf-blind recipient of an cation. incoming telephone call. (2) "Applicant" means a person who applies for a (17) "Speech disabled" means a speech disability that teletypewriter (hereinafter TTY), amplifier, telebraille, large requires the use of a TTY to communicate effectively on the visual display, or signal device. telephone. (3) "Audiologist" means a person who has a masters or ( 18) "T AS" means the telecommunications access doctoral degree in audiology and a certificate of clinical service, governed by the office of deaf and hard of hearing competence in audiology from the American Speech, services, department of social and health services. Hearing, and Language Association. [ 31] Emergency WSR 93-21-080 Washington State Register, Issue 93-21 ( 19) "Telebraille" means an electrical device for use represent the hearing or speech disabled or deaf-blind with a telephone and TTY that utilizes a braille display to persons statewide; receive messages. (b) The organization must have represented hearing or (20) "Telecommunications equipment/device" means speech disabled or deaf-blind persons statewide in the last amplifier, TTY, telebraille, large visual display, and signal- three years; and ling devices. (c) The organization must have a telephone number (21) "Telecommunications relay center" means a facility which is either listed or available through statewide publicity authorized by DSHS to provide telecommunications relay for the hearing disabled. services. (22) "Telecommunications relay service (TRS)" means NEW SECTION a telephone service through facilities equipped with special- WAC 388-43-020 Approval of application for initial ized equipment and staffed by communications assistants device or request for replacement device. (I) An appl i- who relay conversations between people who use TTYs and cant shall fill out an: people who use the general telephone network. (a) Application form; and (23) "Teletypewriter (TTY)" means an electrical device (b) Declaration of income statement. for use with a telephone that utilizes a keyboard, acoustic (2) If the department determines an applicant is eligible, coupler, and display screen to transmit and receive messages. TAS shall approve the application except as provided under Also known as "TDD" (telecommunications device for the WAC 388-43-030 (l)(a) or (b). deaf) or "TT" (text telephone). (3) An eligible applicant's reported total family income and family size described under this subsection shall deter- NEW SECTION mine the applicant's level of financial responsibility in WAC 388-43-010 Eligibility requirements. (1) An obtaining the equipment under the following federal poverty eligible applicant shall: guidelines: (a) Be hearing or speech disabled or deaf-blind; and (a) Federal Poverty Level (Annual Income) (b) Be resident of Washington state; and ( c) Be at least school age as defined under WAC 388- Family 43-005( 15); and Size 100% 166% 177% 189% 200% I 6,970.0 (d) Meet total annual family income and family size 11,570.2 12,336.9 13,173.3 13,940.0 2 9,430.0 15,653.8 16,691.1 17,822.7 18,860.0 requirements as set forth under section 020 of this chapter. 3 11,890.0 19,737.4 21,045.3 22,472.I 23,780.0 (2) An eligible applicant shall be certified in writing as 4 13,450.0 23,821.0 25,399.5 27,121.5 28,700.0 hearing disabled, speech disabled, or deaf-blind by one of 5 16,810.0 27,904.6 29,753.7 31,770.9 33,620.0 36,420.3 38,540.0 6 the following: 19,270.0 31,988.2 34,107.9 7 21,730.0 36,071.8 38,462.1 41,069.7 43,460.0 (a) A person licensed to practice medicine in the state 8 24,190.0 40,155.4 42,816.3 45,719.I 48,380.0 of Washington; *9 26,650.0 44,239.0 47,170.5 50,368.5 53,300.0 (b) An audiologist in Washington as specified under *IO 29,110.0 48,322.6 51,524.7 55,017.9 58,220.0 WAC 388-43-005; *I I 31,570.0 52,406.2 55,878.9 59,667.3 63,140.0 *12 34,030.0 56,489.8 60,233. I 64,316.7 68,060.0 (c) A vocational rehabilitation counselor in a local division of vocational rehabilitation office; * More than 8 = Add $2,460.00 for each additional person (d) A deaf specialist or coordinator at one of the (b) Sliding Scale of Participation community service centers for the deaf and hard of hearing (Percent of equipment cost applicant is required to pay) in the state. (e) A deaf-blind specialist or coordinator at Helen Keller Percent of Federal Client Pays regional office, Washington deaf-blind service center, or eye Poverty Level Percent of Equipment Cost specialist; or 0 -165 0 (f) A certified speech pathologist practicing in the state 166 -176 25 of Washington. 177 -188 50 (3) TAS may require additional documentation to 189 -199 75 determine if the applicant meets the eligibility requirements 200 and above 100 under sections OIO·and 020 of this chapter. (4) A recipient of equipment shall own the equipment, (4) At the time an applicant applies for equipment, the with the exception of a telebraille and tactile signalling applicant shall provide the department infonnation on family device, if the department distributed the equipment before income and family size. May 15, 1993. When a telecommunications device distribut- (5) At the time an applicant applies for equipment, the ed before May 15, 1993 breaks after warranty has expired, department shall notify the applicant of the legal conse- the recipient shall renew his or her application for equipment quences if the applicant provides false infonnation. as an original applicant as described under this chapter. (6) The department shall ensure an eligible organization (5) The department shall provide an eligible recipient meets the following criteria: initial or replacement equipment based on the availability of (a) The organization must provide a copy of the equipment and/or funds. certificate of incorporation as a nonprofit organization and its (6)(a) Family size is an individual or an individual and bylaws, to indicate that the intent of the organization is to the individual's spouse, if not legally separated, and the individual's dependents; Emergency [ 32] Washington State Register, Issue 93-21 WSR 93-21-080 (b) Dependent means. a relative who depends on the (t) Failed to obtain approval from the department before family income for at least half of their support. moving or traveling out of state with state-loaned equipment. (7) Income includes, but is not limited to: (a) Earned income, such as wages and tips; NEW SECTION (b) Unearned income, such as interest, dividends, and WAC 388-43-040 Application renewal process. (l) pensions; An applicant may renew application for telecommunications (c) Family's share of income from S corporations 1, equipment when two years have elapsed since the initial partnerships, estates, and trusts; distribution or when the equipment breaks, whichever comes (d) Gains from the sale or exchange (including barter) later. of real estate, securities, coins, gold, silver, gems, or other (2) When either two years have elapsed since initial property; distribution or the equipment breaks, the applicant shall: (e) Gain from the sale or exchange of the family's main (a) Complete a new application including recent home; information on total annual family income and family size. (t) Accumulation distributions from trusts; (b) Undergo the same procedures as first-time appli- (g) Scholarships and fellowship grants; cants. (h) Original issue discount, distribution from SEPs2 and DECs3; NEW SECTION (i) Amounts received in place of wages from accident and health plans if the employer paid for the policy; WAC 388-43-050 Notice of approval or denial. (l) U) Bartering income; Approved applications. When an original application has (k) Tier 2 and supplemental annuities under the Railroad been approved, T AS shall inform the applicant in writing of: Retirement Act; (a) The official date the department received the (I) Life insurance proceeds from a policy the family applicant's completed application form; cashed in if the proceeds are more than the premiums paid; (b) The time line by which a qualified trainer will (m) Endowments; contact the applicant. (n) Lump-sum distribution; (2) A qualified trainer shall notify the eligible applicant: (o) Prizes and awards; (a) That the applicant was approved to receive a TTY, (p) Gambling winnings; amplifier, telebraille, large visual display, or signal device; (q) Social Security; and (r) Capital gains; (b) To arrange for training and distribution. (s) Child support received. (3) Denied applications. If the department denies an I An S corporation is a domestic corporation with one class original application, TAS shall inform the applicant in of stock having 35 or less shareholders who are US citizens. writing of: 2 An SEP is a Simplified Employee Pension. (a) The official date the applicant's completed applica- 3 A DEC is a deductible Employee Contribution. tion form was received by the department; (b) The reasons for the denial; and NEW SECTION (c) Any applicable procedures for appeal, as well as the circumstances under which the applicant may re-apply. WAC 388-43-030 Denial of initial application or request for replacement device. (I) Denial of initial NEW SECTION application. T AS shall deny an original application for a TTY, amplifier, telebraille, large visual display, or signal WAC 388-43-060 Review by department. (1) An device if an applicant: applicant or recipient, whose application for an original or (a) Does not meet the eligibility requirements of WAC replacement device governed under this chapter has been 388-43-010; or denied, may request the department to review this decision. (b) Has already been issued a similar device from TAS. The applicant or recipient shall: (2) Denial of replacement request. T AS shall deny a (a) Submit this request in writing to TAS specifying the request for replacement of a TIY, amplifier, telebraille, large basis for the request; and vi~ual display, or signal device if the recipient: (b) Ensure TAS receives this request within thirty days (a) Reported a family income of one hundred sixty-five of the receipt of the denial notice. percent and above on the federal poverty level; or (2) Within thirty days after TAS has received the (b) Subjected a previously issued device, either through request for review by ODHHS, the department shall inform negligence or intent, to abuse, misuse, unauthorized repair, the applicant or recipient in writing of the disposition of the or other negligent or intentional conduct which resulted in request. damage to the equipment; or (3) If the applicant or recipient disagrees with the (c) Failed to file with the police a report of stolen decision by the department, the applicant or recipient may equipment within fifteen working days of discovering the appeal as described under chapters 10-08 and 388-08 WAC. theft; or (d) Failed to file with the police or the fire department a report of fire having damaged the equipment within fifteen working days of the incident of the fire; or (e) Lost the equipment; or [ 33] Emergency WSR 93-21-080 Washington State Register, Issue 93-21 NEW SECTION (b) The person's annual family income is equal too WAC 388-43-070 Distribution. ( 1) The department Jess than one hundred sixty-five percent of the federa poverty level; or shall issue personal service contracts to qualified persons or agencies to act as qualified trainers. The department shall (c) The person is a child five years to seventeen year of age whose parent or guardian has a family income Jes ensure reasonable accessibility to such training for a person than or equal to two hundred percent of the federal povert: with a hearing or speech disability or for a person who is level. deaf-blind. (2) After determining the person may be eligible tc (2) A qualified trainer shall have various responsibilities, which include, but are not limited to: receive the telecommunications equipment at no charge, th1 department shall: (a) Conducting individual and group training for the applicants in the use of the equipment; (a) Loan the equipment as needed by the applicant; am (b) Ensure the applicant understands that the equipmen (b) Conducting individual and group training for the remains the sole property of the state of Washington. applicants in the use of the telecommunications relay service; (3) A recipient, the recipient's legal guardian, or the (c) Requiring all recipients, legal guardians, or legal custodians to sign: recipient's legal custodian shall return a state-loaned TT'l (i) A conditions of acceptance form for state-owned and/or other device to the TAS or appropriate distributior equipment; or center when the recipient: (ii) A statement of rights and responsibilities for client- (a) Moves from a permanent Washington residence tc owned equipment. a location outside of Washington; (d) Distributing TTYs, amplifiers, telebrailles, large (b) Does not have need of the state-loaned telecommuni cations device; or visual displays, and signal devices to applicants; and (c) Has been notified by TAS to return the device. (e) Submitting monthly reports and billing as required (4) A recipient, the recipient's legal guardian, or tht by TAS. recipient's legal custodian shall be liable for any damage tc (3) In the use of any devices distributed under this or loss of any device issued under this chapter. chapter, neither the T AS nor the contracted qualified trainers shall provide: (5) TAS may deny a replacement request if a previous!) (a) Replacement batteries for any telecommunications issued device: equipment; (a) Was neglected, abused, misused, or abused througl (b) Replacement paper for TTY s; unintentional conduct causing damage; (c) Replacement light bulbs for signal devices; (b) Was not reported as stolen or burned to either polict (d) Payment of the recipient's telephone bill; or or fire department within fifteen working days; or (c) Was lost. (e) Any other extraneous cost incurred by the recipient. (6) TAS shall establish policies for the sale or salvag1 of any device returned and not appropriate for reassignment NEW SECTION (7) A person shall not remove a state-owned TTY WAC 388-43-080 Training. (1) The qualified trainers amplifier, telebraille, large visual display, or other signa shall provide training on proper equipment use and care to device from the state of Washington for a period longer thar all recipients, legal guardians, or legal custodians. ninety days without the written permission of T AS. (2) The qualified trainers shall be responsible for (8) T AS may grant permission to remove a state-ownec determining the training needs of the recipients and the time TTY, amplifier, telebraille, large visual display, or signa and length of training that would be most appropriate. device from the state for more than ninety days afte1 (3) The department shall not issue a device until an determining it is in the best interest of the recipient and tht applicant has demonstrated ability to properly utilize all department. equipment issued to the applicant. The department may (9) A person eligible under subsection (l)(b) of thi1 waive this requirement through a written release in which the section with a family income greater than one hundred sixty· applicant attests that the applicant has the ability to properly five percent and less than or equal to two hundred percent 01 utilize all equipment issued to the applicant. the federal poverty level shall be assessed a charge for tht (4) If the applicant is seventeen years of age or younger, cost of TTYs, amplifiers, telebrailles, large visual displays the applicant's legal guardian or legal custodian shall attend and signal devices based on a sliding scale of charge1 the training on appropriate equipment use and care. established under WAC 388-43-020 (2)(a) and (b ). (IO) The department shall determine all TTYs, amplifi· NEW SECTION ers, telebrailles, large displays, and signal devices unde1 chapter 304, Laws of 1987, for which the recipient paid al WAC 388-43-090 Ownership and liability. (1) The or part of the equipment's cost to be the sole property of tht department shall provide TTY s, amplifiers, telebrailles, large recipient. The department shall determine the level oJ visual displays, and signal devices to a person eligible under financial responsibility toward the purchase of the equipmeni subsection (l)(a), (b), and (c) of this section at no charge in by the federal poverty level guidelines as described under addition to the basic exchange rate if: WAC 388-43-020 (2)(a) and (b). (a) The person is eligible for participation in the ( 11) The department shall provide an eligible recipien1 Washington telephone assistance program under RCW 80.36.470; a two-year warranty on equipment valued at four hundrec dollars or more. Emergency [ 34] Washington State Register, Issue 93-21 WSR 93-21-080 (12) Limiting the number of TIYs per household. The (3) A member's term of office on the committee shall department shall consider that the telecommunications be two years with the possibility of re-appointment for the equipment needs of all household members have been met second term. when one TTY has been issued to that household, unless (4) Members as described under subsection (l) of this exceptional circumstances are defined and approved by the section shall have voting rights. Technical advisors to the department. committee shall serve as ex-officio members. (13) The department shall receive payment before an (5) The committee shall determine the appointment of eligible recipient receives a TTY, amplifier, telebraille, large the chairperson for that committee by vote of the member- visual display, or a signal device. ship. (14) A recipient shall sign and agree to warranty (6) The committee shall submit reports four or more requirements on a TIY, telebraille, or large visual display at times per year to the administrators and operators of the TRS the time the recipient purchases this equipment. statewide relay service. The committee shall: (15) A recipient shall not receive a financial refund for (a) Report on the extent to which the relay system is the return of a TTY, amplifier, telebraille, large visual meeting the needs of disabled citizens in the state; and display, or signal device unless: (b) Include program elements that are successful, (a) The equipment is returned to the TAS office within program elements in need of improvement, and any recom- thirty days after it was received by the client; and mendations from the committee. (b) The equipment is clean, in good condition and in its (7) The committee shall establish eligibility criteria for original packaging. statewide organizations representing persons with hearing or ( 16) The department shall charge a person, eligible speech disabilities in obtaining telecommunications devices under subsection ( 1 )(b) of this section whose income exceeds under RCW 43.20A.725(l). In order to apply for equipment two hundred percent of the federal poverty level, the entire through the department, the organization shall be represent- cost to the department of purchasing the equipment provided ing persons who are hearing or speech disabled and/or deaf- to that person. blind. The committee shall decide in which offices the ( 17) The department may waive part or all of the equipment shall be installed if an organization has more than charges assessed under sections 010 and 020 if the depart- one office. ment finds that: (8) The committee shall provide consultation to the (a) The eligible person requires telebraille equipment or department on the activities and money spent by the depart- other equipment of similar cost; or ment for the TAS program. (b) The charges normally assessed for the equipment under this subsection would create an exceptional or undue NEW SECTION hardship on the eligible person. WAC 388-43-110 Telecommunications relay service. ( 18) The department may determine certification of The department shall award contracts for the operation and family income by the eligible person, the person's guardian, maintenance of the statewide telecommunications relay or head of household as sufficient to determine eligibility. service. NEW SECTION REPEALER WAC 388-43-100 TRS advisory committee appoint- ment. ( l) The office of OD HHS and T AS shall select The following sections of the Washington Administra- members for the TRS advisory committee per current DSHS tive Code are repealed: procedures as mandated by the department's division of WAC 248-172-101 Definitions. legislative and community relations. The TRS advisory WAC 248-172-201 Eligibility requirements. committee shall include representation from: WAC 248-172-202 Approval of application for (a) Major statewide organizations representing persons initial device or request for with hearing or speech disabilities; replacement device. (b) Organizations for persons with hearing or speech WAC 248-172-203 Denial of initial application or disabilities located in areas of the state with high populations request for replacement device. of such persons; WAC 248-172-204 Reapplication process. (c) Organizations that reflect the different geographic WAC 248-172-205 Notice of approval or denial. regions of the state; WAC 248-172-206 Review by department. (d) The department; WAC 248-172-301 Distribution centers. (e) The Washington utilities and transportation commis- WAC 248-172-302 Training. sion; WAC 248-172-303 Ownership and liability. (f) Local telephone exchange companies; and WAC 248-172-304 Out-of-state use. (g) Agencies providing services to persons with hearing WAC 248-172-401 TDD advisory committee ap- or speech disabilities, provided the persons are not employ- pointment. ees or board members of an organization or agency under WAC 248-172-402 Responsibility of TDD advisory contract with ODHHS or TAS. committee. (2) The committee's voting members shall consist of thirteen persons or less. [ 35 l Emergency Washington State Register, Issue 93-21 WSR 93-21-010 proposed amendments will aid in the prompt and orderly NOTICE OF PUBLIC MEETINGS administration of justice and further determined that an INTERAGENCY COMMITTEE emergency exists which necessitates an early adoption; FOR OUTDOOR RECREATION Now, therefore, it is hereby [Memorandum-October 7, 1993] ORDERED: The Interagency Committee for Outdoor Recreation (IAC) (a) That the amendments as shown below are adopted. will meet Thursday, November 18, 1993, and Friday, (b) That pursuant to the emergency provisions of GR November 19, 1993, in the Natural Resource Building 9(i), the amendments will be published expeditiously in the (NRB) Conference Room 172 beginning at 8:00 a.m. Washington Reports and will become effective upon publica- tion. This meeting is a funding recommendation session for DATED at Olympia, Washington this 7th day of nonhighway and off road vehicle (NOV A) NHR and ORV October, 1993. programs, as well as for local agency Initiative 215 applica- tions. The funding consideration will begin at 9:00 a.m. James A. Andersen Chief Justice Other planned agenda items include: Adoption of the NOV A plan; adoption of recommendations concerning WWRP processes for FY 95-97; review of matters related to Charles Z. Smith a Petition for Declaratory Order (R. Welsh, Petitioner); and review of SCORP planning processes. In addition, an open J. M. Dolliver Durham, J. house of IAC's facilities in the Natural Resource Building will be scheduled. Robert F. Brachtenbach Johnson, J. If you plan to participate or have materials for committee review, please submit information to IAC no later than October 28, 1993. This will allow time for distribution to Richard P. Guy Madsen, J. committee members in a timely fashion. IAC public meetings are held in locations accessible to CR 5 people with disabilities. Arrangements for individuals with SERVICE AND FILING OF PLEADINGS AND OTHER hearing or visual impairments can be provided by contacting PAPERS IAC by Thursday, November 4, 1993, at (206) 902-3000 or TDD (206) 902-1996. (a) - (c) Unchanged. (d) Filing. ( 1) Time. Complaints shall be filed as provided in rule 3(a). Except as provided for discovery materials in section WSR 93-21-015 (i) of this rule and for documents accompanying a notice NOTICE OF PUBLIC MEETINGS under ER 904(b), all pleadings and other papers after the SOUTH PUGET SOUND complaint required to be served upon a party shall be filed COMMUNITY COLLEGE with the court either before service or promptly thereafter. [Memorandum-October 8, 1993] (2) - (4) Unchanged. The board of trustees of South Puget Sound Community (e) - (i) Unchanged. College District 24 agreed to change the Thursday, Novem- ER 904 ber 3, 1993, regular meeting to Tuesday, November 9, 1993. ADMISSIBILITY OF DOCUMENTS Additionally, the board agreed to change the Thursday, April 7, 1994, regular meeting to Thursday, April 14, 1994. (a) Unchanged. (b) Notice. Any party intending to offer a document under this rule must serve on all parties a notice, accompa- nied by a copy of the document and the name, address and WSR 93-21-021 telephone number of its author or maker, at least 30 days RULES OF COURT prior to trial. The notice shall be filed with the court. STATE SUPREME COURT Copies of documents that accompany the notice shall not be [October 7, 1993] filed with the court. IN THE MA TIER OF THE ADOPTION ORDER (c) Unchanged. OF THE AMENDMENTS TO ER 904, NO. 25700-A-532 CR 5 (d)(l ), RPC 1.12, PROPOSED AMENDMENT RLD 2.3 (!)(3), RLD 2.4 (d) Rules of Professional Conduct (RPC) (5)-(7), RLD 4.14 (c) and RPC 1.12 (d), RLD 5.5A(e), RLD 11.l(g), and CR 33 FORMER JUDGEJ. GR ARBITRATOR, OR MEDIATOR The Washington State Bar Association having recom- (a) Except as stated in paragraph (d), a lawyer shall not mended the adoption of the proposed amendments to ER represent anyone in connection with a matter in which the 904, CR 5 (d)(I), RPC 1.12, RLD 2.3 (f)(3), RLD 2.4 lawyer participated personally and substantially as a judge or (d)(5)-(7), RLD 4.14 (c) and (d), RLD 5.5A(e), RLD 11.1 (g) other adjudicative officer, arbitrator, mediator or law clerk to and CR 33, and the Court having determined that the [ 1 l Miscellaneous WSR 93-21-021 Washington State Register, Issue 93-21 such a person, unless all parties to the proceeding consent (d) Authority of Review Committees. Each review after disclosure. committee shall have the power and authority to: (b) Any person who is involved as a party or as attorney (I) Review reports on investigations of alleged acts o1 for a party in a matter in which the lawyer is participating misconduct by a lawyer, and upon such review order a personally and substantially as a judge or other adjudicative hearing on the alleged misconduct, issue an admonition, officer, or arbitrator. A lawyer serving as a law clerk to a dismiss the matter, issue an advisory letter, or direct such judge, other adjudicative officer.i. eF arbitrator, or mediator further investigation as may appear appropriate; may negotiate for employment with a party or attorney (2) Order that an investigation into an alleged act o1 involved in a matter in which the clerk is participating misconduct by a lawyer be deferred when it appears that the personally and substantially, but only after the lawyer has allegations are substantially similar to those in pending civil notified the judge, other adjudicative officer.i. eF arbitrator.z....QI or criminal litigation, or when the lawyer against whom a mediator. grievance is filed is physically or mentally unable to respond (c) [No change]. to the investigation, or for other good cause, where it (d) [No change]. appears that such deferral will not endanger the public: (3) Review reports on investigations into allegations that Proposed Amendments a lawyer is mentally physically unable to conduct the Rules for Lawyer Discipline (RLD) Rules 2.3 (f)(3), 2.4 (d)(5)-(7), practice of law, and upon such review order a hearing into 4.14 (c),(d), 5.5A(e), and 11.l(g) the capacity of the lawyer to conduct the practice of law, dismiss the matter, or direct such further investigation as RULE 2.3 DISCIPLINARY BOARD may appear appropriate; (a) Membership. [no change] (4) Reconsider grievances conditionally dismissed by (b) Terms Of Office. [no change] disciplinary counsel, when the grievant has disputed the (c) Chairperson. [no change] dismissal and the grievance has not been reopened, and upon (d) Vacancies. [no change] such reconsideration affirm the dismissal, order a hearing on (e) Pro Tempore Members. [no change] the alleged misconduct, issue an advisory letter, or direct such further investigation as may appear appropriate; (f) Authority of Board. The Board shall have the power (5) Re,·iew sti}'lttlatisRs eRterecl iRts fltlFStt8Rt ts n:tle and authority to: (I) Review each proceeding in which a recommendation 4 .11, ether thaR sti}'lttlatisRs for sttsfleRsisR sr clisbarff!eftt, of disbarment, suspension, or transfer to disability inactive aHcl 8flflF8'<'e sr rejeet stteh sti}'lttlatisRs: status has been made by a hearing officer or panel; (fi..22 Make determinations of whether a crime is a (2) Review each proceeding in which a recommendation "serious crime" under rule 3.1 and authorize proceedings for other than disbarment or suspension from the practice of law suspension of a lawyer upon finding of risk to the public pursuant to rule 3.2(a); has been made by a hearing officer or panel, including a recommendation of dismissal, upon an appeal filed pursuant (.'.7Q) Perform such other functions and take such other to rule 6. l(b); actions as provided in these rules or as may be delegated to (3) Review stipulations entered into pursuant to rule it by the Disciplinary Board or the Board of Governors, or 4.14 wheR stteh sti}'lttlatiSRS flFSYicle for StlSfleRSiSR Sf as may be necessary and proper to carry out its duties. clisbarffleRt; (e) Distribution of Cases. [no change] (4) Review any prehearing ruling of a hearing officer or (f) Meetings. [no change] panel, upon request for review by either the respondent RULE 4.14 STIPULATIONS lawyer or disciplinary counsel, where the chairperson of the (a) Requirements. [no change] Board determines that such review is necessary and appropri- (b) Form. A stipulation for discipline shall: ate and will serve the ends of justice; (I) Set forth the material facts relating to the particular (5) Review the decision of a review committee dismiss- acts or omissions of the respondent lawyer in such detail as ing allegations of misconduct by a lawyer when such review to enable a reYiew CSfflfflittee sr the Board to form an is directed by the chairperson of the Board, and upon such review order a hearing on the alleged misconduct, dismiss opinion as to the propriety of the discipline being agreed the matter, issue an advisory letter pursuant to rule 5.5, issue upon, and, if approved, to make the stipulation useful in any an admonition pursuant to rule 5.5A, or order such further subsequent disciplinary proceeding against the respondent lawyer; investigation as may appear appropriate; (2) Set forth the respondent lawyer's prior disciplinary (6) Perform such other functions and take such other actions as provided in theses rules or as may be delegated to record or the absence of such record; it by the Board of Governors or Supreme Court, or as may (3) State that the stipulation is not binding on the Asociation as a statement of all existing facts relating to the be necessary and proper to carry out its duties. professional conduct of the respondent lawyer, but that any (g) Meetings. [no change] (h) Clerk. [no change] additional existing facts may be proven in any subsequent disciplinary proceeding; and RULE 2.4 REVIEW COMMITTEES (4) Fix the amount of the costs and expenses to be paid by the lawyer. (a) Membership. [no change] (b) Chairperson. [no change] (c) Approval. A!! stipulationi flFSvicliHg for StlSfleRsisH (c) Terms of Office. [no change] sr clisbarff!eftt shall be filed with the Board. AH)' ether sti}'lttlatisH shall be filecl with a re.,·ievl' CSfflfflittee. A Miscellaneous [ 2] Washington State Register, Issue 93-21 WSR 93-21-021 stipulation may be presented to the Board er te a review public or private corporation or a partnership or association eemmittee without notice and shall be reviewed solely on the or governmental agency, by any officer or agent, who shall basis of the record as agreed upon by the respondent lawyer furnish such information as is available to the party. and disciplinary counsel. The Board er reYiew eemmittee Interrogatories may, without leave of court, be served upon may either approve a stipulation or reject it. Regardless of the plaintiff after the summons and a copy of the complaint the provisions of rule 11.1 (g), the Board er a re't'iew eem are served upon the defendant, or the complaint is filed, ~ may direct that information or documents considered whichever shall first occur, and upon any other party with or in reviewing a stipulation be kept confidential. after service of the summons and complaint upon that party. (d) Stipulation Not Approved. If a stipulation is not Interrogatories shall be so arranged that after each approved ey a reYiew eemmittee er by the Board as herein separate question there shall appear a blank space reasonably provided, then the stipulation shall be of no force and effect calculated to enable the answering party to ha't'e his liHS"uer and neither it nor the fact of its execution shall be admissible tyred iH place the written response. In the event the in evidence in the pending disciplinary proceeding, in any responding party either chooses to place the response on a subsequent disciplinary proceeding, or in any civil or separate page or pages or must do so in order to complete criminal action. the response, the responding party shall clearly denote the (e) Failure To Comply. [no change] number of the question to which the response relates, including the subpart thereof if applicable. Each interrogato- RULES 5.5A ADMONITION ry shall be answered separately and fully in writing under (a) Grounds. [no change] oath, unless it is objected to, in which event the reasons for (b) Effect. [no change] objection shall be stated in lieu of an answer. The answers (c) Protest. [no change] are to be signed by the person making them, and the (d) Action on Board Review. [no change] objections signed by the attorney making them. The party (e) Admonition Not Public. An admonition shall not be upon whom the interrogatories have been served shall serve a public matter, unless a stipulation approved by a re·,.iew a copy of the answers, and objections if any, within 30 days eemmittee er the Disciplinary Board provides that the after the service of the interrogatories, except that a defen- admonition shall be public, or the admonition is admitted dant may serve answers or objections within 40 days after into evidence in a public disciplinary proceeding, or issued service of the summons and complaint upon that defendant. by the Board after a hearing under section (d). The parties may stipulate or any party may move for an order under rule 37(a) with respect to any objection to or TITLE 11. ACCESS TO DISCIPLINARY other failure to answer an interrogatory. INFORMATION (b) Scope; Use at Trial. Interrogatories may relate to RULE I I.I PENDING INVESTIGATIONS AND any matters which can be inquired into under rule 26(b ), and PROCEEDINGS the answers may be used to the extent permitted by the (a) Investigations Confidential. [no change] Rules of Evidence. (b) Release May Be Authorized. [no change] An interrogatory otherwise proper is not necessarily (c) Proceedings Public. [no change] objectionable merely because an answer to the interrogatory (d) Matters Which Are Public. [no change] involves an opinion or contention that relates to fact or the (e) Matters Which Are Not Public. [no change] application of law to fact, but the court may order that such (f) Protective Orders. [no change] an interrogatory need not be answered until after designated (g) Application to Stipulations. A stipulation entered discovery has been completed or until a pretrial conference into pursuant to rule 4.14 shall be confidential until approved or other later time. by a reYiew eemmittee er the Board, except that a grievant An interrogatory otherwise proper is not objectionable may be advised concerning a stipulation and its proposed or merely because the propounding party may have other access actual content at any time. A stipulation which is approved to the requested information or has the burden of proof on by a reYiew eemmittee er the Board shall be public, except the subject matter of the interrogatory at trial. that a stipulation entered into prior. to the filing of a formal complaint and which provides for dismissal or conditional Reviser's note: The brackets and enclosed material in the text above dismissal of a grievance without the imposition of a disci- occurred in the copy filed by the agency and appear in the Register pursuant plinary sanction shall be confidential, unless and until to the requirements of RCW 34.08.040. proceedings are instituted for failure to comply with the Reviser's note: The spelling error in the above material occurred in conditions of the stipulation. the copy filed by the agency and appears in the Register pursuant to the (h) Application to title 3 Suspensions. [no change] requirements of RCW 34.08.040. (i) Application for Disability Proceedings. [no change] (j) Application to Reinstatement Proceedings. [no change] (k) Regulations. [no change] WSR 93-21-028 (I) Wrongful Disclosure. [no change] NOTICE OF PUBLIC MEETINGS CONVENTION AND TRADE CR 33 (a), (b) CENTER [Memorandum-October 13, 1993] (a) Availability; Procedures for Use. Any party may serve upon any other party written interrogatories to be A regular meeting of the board of directors of the Washing- answered by the party served or, if the party served is a ton State Convention and Trade Center will be held on [ 3] Miscellaneous ,_. WSR 93-21-028 Washington State Register, Issue 93-21 Wednesday, October 20, 1993, at 1:30 p.m. in Room 310 of 2. RCW 70.37.090 grants the Washington Health Can the Convention Center, 800 Convention Place, Seattle. Facilities Authority the power to charge participants fee If you have any questions regarding these meetings, please to finance projects and to defray the Authority's admin call 447-5000. istrative expenses. Fees paid by participants in a projec may be used by the Authority for the purpose o acquiring a health care facility that it will lease or sel to the participants. However, fees collected to defra~ WSR 93-21-029 the Authority's administrative expenses may not be use< NOTICE OF PUBLIC MEETINGS for this purpose. WHATCOM COMMUNITY COLLEGE Requested by: [Memorandum-October 14, 1993] John Van Gorkom NOTIFICATION OF SPECIAL MEETING Executive Director The board of trustees of Whatcom Community College, Washington Health Care Facilities Authority District Number Twenty-One, will hold a special meeting on 1212 Jefferson Street S.E. #201, MS 40935 Friday, October 15, 1993, at 8:00 a.m. in the Board Room Olympia, WA 98504-0935 at 237 West Kellogg Road, Bellingham, WA. The purpose of the meeting will be to discuss policy concerns regarding the release of information to the public .. Action may be taken. There may be an executive session on pending legal WSR 93-21-032 ATTORNEY GENERAL OPINION matters that may occur. Cite as: AGO 1993 No. 16 October 15, 1993 8:00 a.m. Whatcom Community College [October 11, 1993] Friday Board Room INITIATIVES AND REFERENDUM-APPROPRIATIONS- 237 West Kellogg Road TAXATION-Interpretation of provisions of Initiatives 601 Bellingham, WA 98226 and 602 that deal with the same subject in different ways 1. When two statutes passed by the Legislature deal witt the same subject in different ways, the court will try tc avoid any conflict by harrnonizing the statutes, givin! WSR 93-21-030 effect and meaning to both. If the statutes cannot b~ ATTORNEY GENERAL OPINION harmonized, the court usually applies the statute enactec Cite as: AGO 1993 No. 14 later on the theory that it repeals the earlier statute. [September 9, 1993] 2. Initiatives 60 I and 602 deal with state revenue collec· IRRIGATION-DISTRICTS-PROPERTY-ATTORNEYS- tions and expenditures in different ways. Certair FEES-COSTS-Ability of an irrigation district to recover provisions of these two initiatives cannot be harmo· attorneys' fees when foreclosing a delinquent assessment nized, giving effect and meaning to both. RCW 87.03.271 provides that the lien for a delinquent 3. The usual rule of statutory construction that a late1 irrigation district assessment includes costs such as attorneys' statute controls a conflicting statute enacted earlier doe~ fees. When the lien is foreclosed pursuant to the procedure not apply in the case of two initiatives enacted simulta· set forth in chapter 87.06 RCW, the irrigation district may neously. If Initiatives 601 and 602 pass and the Legis- recover costs, including reasonable attorneys' fees. lature does not act to resolve any conflict between them. Requested by: the courts will have to develop a new rule to choose Honorable Margaret Rayburn between conflicting provisions of the two initiatives. State Representative, District 15 Requested by: 301 John L. O'Brien Building, MS 40629 Honorable Peter von Reichbauer Olympia, WA 98504-0629 State Senator, District 30 112 Institutions Building, MS 40430 Olympia, WA 98504-0430 WSR 93-21-031 ATTORNEY GENERAL OPINION Cite as: AGO 1993 No. 15 WSR 93-21-038 [September 20. 1993] NOTICE OF PUBLIC MEETINGS HEALTH CARE FACILITIES AUTHORITY-HOSPITALS- EDMONDS COMMUNITY COLLEGE FEES-Ability of the Washington Health Care Facilities [Memorandum-October 15, 1993] Authority to acquire and lease health care facilities Board of Trustees Meeting I. RCW 70.37.040(5) empowers the Washington Health October 21 , 1993 Care Facilities Authority to lease or sell health care Sno-King Room 103 facilities which the Authority has acquired. 4 30 - 7 30) Miscellaneous [ 4 l Washington State Register, Issue 93-21 WSR 93-21-050 RULE 2.