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SBOH Home Rule Making Process

Last updated:  November 02, 2009

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State Board of Health
101 Israel Rd. SE
PO Box 47990
Olympia, WA 98504
(360) 236-4100 
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SBOH Rules

Environmental Health


Clandestine Drug Laboratories

The Board shares authority for Chapter 246-205 WAC, Decontamination of Illegal Drug Manufacturing or Storage Sites, with the Department of Health.  The Board and the Department jointly opened the rule in December 2007 to consider revisions to meet changes in law about third party samplers and to improve clarity. The Board passed a motion at its June 2009 meeting to withdraw this rule making in response to 2009 legislation that removed the requirement to establish rules for third party samplers.

Statutory Authority: RCW 64.44.070

SBOH Contact: Ned Therien, 360-236-4103
DOH Contact: Mark Soltman, 360-236-3366

 

More information about the Department’s Clandestine Drug Lab Program is available at: http://www.doh.wa.gov/ehp/cdl/

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Commercial Shellfish

The Board regulates the commercial harvesting and distribution of molluscan shellfish under Chapter 246-282 WAC. On May 9, 2007, the Board adopted an emergency rule, WAC 246-282-006, which required commercial harvesters of oysters to follow stricter handling provisions during summer months of 2007 than otherwise required by the NSSP guide to control Vibrio parahaemolyticus. The Department evaluated the effectiveness of the emergency rule during the summer of 2007 and proposed a permanent rule to control Vibrio parahaemolyticus, which the Board adopted in May 2008. After the summer of 2008, the Department evaluated the effectiveness of the permanent rule and recommended in November 2008 for the Board to reopen the rule to consider some revisions to the Vibrio parahaemolyticus Control Plan. The Board adopted revisions to the Vibrio parahaemolyticus Control Plan on March 11, 2009 in WAC 246-282-006. It also adopted on March 11, 2009, by reference, the most current version (2007) of the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish in WAC 246-282-005.

  • CR-103, Vibrio parahaemolyticus Control Plan, filed as WSR 09-08-122
  • CR-103, Sanitary Control of Shellfish - Minimum Performance Standards, filed as WSR 09-08-116

Statutory Authority: RCW 69.30.030
SBOH Contact: Ned Therien, 360-236-4103
DOH Contact: Maryanne Guichard, 360-236-3391

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Disposal of Solid Waste, Manure, and Dead Animals

The Board adopted a major revision of its WAC 246-203-120 for the disposal of solid waste, manure, and dead animals at its June 2007 meeting in Pullman.  The rule provides a tool for local health officers to address public health nuisance complaints regarding dead animal disposal.

Statutory Authority: RCW 43.20.050(2)
SBOH Contact: Ned Therien, 360-236-4103
DOH Contact: Ron Wohrle, 360-236-3369

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Drinking Water Laboratory Certification

The Board's chapter 246-390 WAC, Drinking Water Laboratories, and the Department of Ecology’s chapter 173-50 WAC on environmental laboratory certification overlap. The Board filed a CR-101 in November 2006 to consider a revision to its rule, primarily to remove duplication with Ecology’s rule. CR-101 filed on November 13, 2006 as WSR-06-23-077.

Statutory Authority: RCW 43.20.050
SBOH Contact: Ned Therien, 360-236-4103
DOH Contact: Theresa Phillips, 360-236-3147


Food Service

The Board adopted comprehensive revisions to the food service regulations, Chapter 246-215 WAC, in September 2004. For more information, visit the DOH Rule Development Web Site. The Department will be meeting with stakeholders in 2009 to solicit input about whether to ask the Board to open the rule for consideration of updating provisions to correspond with the most recent FDA Food Code, which is expected to be published by FDA in mid-2009.

Statutory Authority: RCW 43.20.050
SBOH Contact: Ned Therien, 360-236-4103
DOH Contact: Dave Gifford, 360-236-3074

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Human Remains

The Board adopted amendments to chapter 246-490 WAC, Vital Statistics, and a new chapter 246-500 WAC, Handling of Human Remains, in July 2006. This rule revision makes the Board’s rules consistent with 2005 changes in laws for funeral directors resulting from the passage of Substitute Senate Bill 5752. Other goals of the rule changes are to provide regulatory flexibility that respects cultural and religious mourning practices; update the rule language for clarity; and provide authority for local health officers to add provisions or suspend provisions during emergency situations.

  • CR-103 filed August 23, 2006 as WSR 06-17-182

Statutory Authority: RCW 43.20.050
SBOH Contact: Ned Therien, 360-236-4103
DOH Contact: Philip Freeman, 360-236-4330

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Onsite Sewage Systems: Smaller

The Board adopted comprehensive revisions to chapter 246-272 WAC in July 2005, which became completely effective in July 2007. The Department of Health briefed the Board on the implementation of this rule chapter in October 2007. http://www.sboh.wa.gov/Meetings/2007/10-10/materials.htm

In September 2005, the Board adopted an emergency rule revising the protocol for bacteriologic testing of treatment devices and delegated rule making to the Department of Health on that date for a "permanent" revision of WAC 246-272A-0130 for this provision.

  • Emergency rule CR-103 filed September 15, 2005 as WSR 05-19-047
  • Permanent rule CR-103 filed December 12, 2005 as WSR 06-01-020

In 2004, the Board filed a CR-101 for the combination activities of revising rules for large on-site sewage systems and developing a rule for septic tank construction standards. In 2006, the Board filed a CR-101 to develop a new chapter 246-272C WAC for septic tank design and construction standards. In May 2007, the Department released a draft guidance document that will serve as the basis for further development of a septic tank rule proposal.  For additional information, visit http://www.doh.wa.gov/ehp/ts/WW/tanks/tanks-rap.htm.  In the 2007 legislative session, the Board’s authority for adopting rules for large on-site systems was transferred to the Department.

  • CR-101 filed February 28, 2006 as WSR 06-06-051  

In March 2006, the Board received a petition for rule making from the Lt. Governor and members of the Select Committee on Hood Canal regarding approving aerobic bacteria generator proprietary technology for remediation of drainfields. The Board asked the Department to initiate development of a rule, but to expand the scope to include all types of technologies that might be used to remediate drainfields. In July 2007, the Department distributed Recommended Standards and Guidance for Performance, Application, Design, and Operation and Maintenance Proprietary On-site Wastewater Treatment Products as an interim measure to development of proposed rules. http://www.doh.wa.gov/ehp/ts/WW/Proprietary_8-29-07.pdf

  • CR-101 filed June 7, 2006 as WSR 06-12-108  .

Statutory Authority: RCW 43.20.050
SBOH Contact: Ned Therien, 360-236-4103
DOH Contact: Maryanne Guichard, 360-236-3391

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Onsite Wastewater Sewage Systems: Large

Comprehensive revisions to Chapter 246-272B WAC are being developed by the Department of Health. The Board’s authority for the rules was transferred to the Department in the 2007 legislative session.

Statutory Authority: RCW 43.20.050
SBOH Contact: Ned Therien, 360-236-4103
DOH Contact: Maryanne Guichard, 360-236-3391

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Primary and Secondary School Environmental Health and Safety

Chapter 246-366 WAC is the Board’s environmental health and safety rule for primary and secondary schools. The Board initiated a rule revision in October 2004. The Department convened a School Rule Development Committee (SRDC) to provide advice on rule changes. The committee included representatives from public health, school agencies and organizations, parent/teacher associations, parents, and school staff. The SRDC recommendations were considered by the Department in developing a first draft rule revision proposal, released in March 2006, and a second draft, released in August 2007. The Department and Board received much public comment on the drafts and possible costs.  The Board formed another stakeholder workgroup called the School Rule Revision Team (SRRT) with similar representation, which met 6 times from April to June 2008 to help standardize assumptions about proposed rule provisions. A completed rule proposal was filed July 23, 2008. The Board received public testimony at rule hearings on August 27 and September 10, 2008. It deliberated about adopting the rule on October 8, 2008 but decided to delay a vote on rule adoption to a future meeting, not later than June 2009. In June 2009 the Board directed staff to file a supplemental proposal for the rule, which was done on July 1, 2009.

On August 12, 2009, the Board adopted an amended, blended version of the alternatives in the supplemental rule proposal, as recommended by the Board's Environmental Health Committee. Existing chapter 246-366 WAC will remain in place until superseded by new provisions of chapter 246-366A WAC. The Board's Executive Director will file a rule order (CR103) by the end of 2009 indicating an effective date of July 1, 2010. This order could be amended before July 1, 2010 to delay the effective date of all or some of the new sections, depending on the status of legislative restrictions and funding to public schools for new or amended rule provisions.

Board activities:

Statutory Authority: RCW 43.20.050
SBOH Contact: Ned Therien, 360-236-4103
DOH Contact: Nancy Bernard, 360-236-3072, or Mark Soltman, 360-236-3366

More information about this rule revision available.

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Public Water Supplies: Group A

The Board has rules for large public water supply systems in chapter 246-290 WAC. The Board received a request from the Department of Health in 2007 for delegation to revise this rule chapter to adopt new US Environmental Protection Agency (EPA) provisions for groundwater source protection. The Board had already delegated authority to the Department to revise these rules to be consistent with the 2003 Municipal Water Law and to adopt the Long Term 2 Enhanced Surface Water Treatment Rule as required by EPA. The Department of Health has formally adopted the Municipal Water Law, Planning and Engineering portions of chapter 246-290 (WAC) to be consistent with the 2003 Municipal Water Law. At the same time, it adopted the federal Long Term 2 Enhanced Surface Water Treatment Rule (also known as LT2), and made minor technical modifications to the rule to correct errors and clarify requirements. The Department is currently developing a proposed rule to adopt the EPA groundwater provisions.

Statutory Authority: RCW 43.20.050
SBOH Contact: Ned Therien, 360-236-4103
DOH Contact: Theresa Phillips, 360-236-3147 or Michelle K. Austin, 360-236-3156

More information is available about this rule revision at:  http://www.doh.wa.gov/ehp/dw/our_main_pages/regula.htm.


Public Water Systems: Group B

  • In 2002 the Board filed a CR-101 to consider revising chapter 246-291 WAC, the Group B public water system rules, primarily to update arsenic standards. However, in 2004, the Board asked the Department to begin an evaluation of the need for a more comprehensive revision of these rules. The Board re-filed a CR-101 in 2007 to consider revision of the rules. The Department has been gathering input from stakeholders since then to develop a proposal for a rule revision.

    CR-101 filed September 12, 2002 as WSR 02-19-060.

  • CR-101 filed July 5, 2007 as WSR 07-14-147.

Statutory Authority: RCW 43.20.050
SBOH Contact: Ned Therien, 360-236-4103
DOH Contact: Theresa Phillips, 360-236-3147

More information about this rule revision is available at: http://www.doh.wa.gov/ehp/dw/groupb.htm

For additional information about arsenic in drinking water, please go to the DOH Web page at http://www.doh.wa.gov/ehp/dw/our_main_pages/arsenic.htm

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Transient Accommodations

The Board adopted revisions to chapter 246-360 WAC, the rules for transient accommodations, in September 2004. The possibility of regulating homeless shelters separately was discussed with stakeholders during this process. The Board initiated formal consideration of special rules for homeless shelters in 2007.

Statutory Authority: RCW 43.20.050 and Chapter 70.62 RCW
SBOH Contact: Ned Therien, 360-236-4103
DOH Contact: Shannon Walker, 360-236-2933

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Water Recreation Facilities

The Board has rules for water recreation facilities in Chapter 246-260 WAC and Chapter 246-262 WAC.  In November 2008, the Board was briefed by the Department on implementation of the rules and some inconsistency with the federal Virginia Graham Baker Act regarding pool and spa drain safety. The Department may recommend that the water recreation rules be opened for possible revisions in 2009.

Statutory Authority: RCW 43.20.050 and Chapter 70.90 RCW
SBOH Contact: Ned Therien, 360-236-4103
DOH Contact: Vicki Bouvier, 360-236-3011

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Zoonotic Diseases

The Board filed a CR-101 in April 2007 to initiate a revision of its rules (WAC 246-100-191 and 246-100-201) to help prevent the transmission of diseases of pet animals to humans, particularly rabies and psittacosis.  The Board identified the need to update these rules in its 2004 report, Zoonotic Diseases and Exotic Pets: A Public Health Policy Analysis.  

The Department has formed an interagency workgroup to gain input on developing concepts for a rule revision proposal.

Statutory Authority: RCW 43.20.050(2) and RCW 16.70.040(1).
SBOH Contact: Ned Therien, 360-236-4103
DOH Contact: Dorothy Tibbitts, 360-236-3361

More information about this rule revision is available at: http://www.doh.wa.gov/ehp/ts/Zoo/rulerrevision.html

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