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Last updated:  July 28, 2008

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State Board of Health
101 Israel Rd. SE
PO Box 47990
Olympia, WA 98504
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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 and to improve clarity.CR-101 filed December 5, 2007 as WSR 07-24-092.

Statutory Authority: RCW 64.44.070

SBOH Contact: Ned Therien, 360-236-4103
DOH Contact: Greg McKnight, 360-236-3381

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Commercial Shellfish

The Board regulates the commercial harvesting and distribution of molluscan shellfish under Chapter 246-282 WAC. On December 13, 2006, the Board delegated authority to the Department of Health to revise WAC 246-282-005 to reference the latest (2005) National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish (NSSP guide). On May 9, 2007, the Board adopted an emergency rule, WAC 246-282-006, which will require 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 emergency rule became effective on June 1, 2007. The Department is evaluating the effectiveness of the emergency rule during the summer of 2007. The Board initiated development of a proposal for a permanent rule to control Vibrio parahaemolyticus in October 2007.

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: Dorothy Tibbitts, 360-236-3361

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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. The Board expects to receive a briefing on the proposed rule revision in early 2008 and hold a public hearing later in 2008. For additional information on this rule revision, please go to the DOH Web page at http://www.doh.wa.gov/ehp/dw/RULES/lab_regula.htm.

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 2008 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.

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. The Board is now soliciting input about any problems encountered during the implementation of the revised rule.

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. For additional information, visit the Onsite Wastewater Rule Development Web site. In September 2005, the Board adopted an emergency rule revising the protocol for bacteriologic testing of treatment devices in WAC 246-272A-0130 and delegated rule making to the Department of Health on that date for a "permanent" revision of WAC 246-272A-0130 for this provision. The Department of Health briefed ../Meetings/2007/10-10/materials.htm#Item_05_ the Board on implementation of this rule chapter in late 2007.

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/default.htm.  In the 2007 legislative session, the Board’s authority for adopting rules for large on-site systems was transferred to the Department.

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.

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 currently on hold. The Board’s authority for the rules was transferred to the Department of Health 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, which was released in March 2006. The Department and Board received much public comment on the first draft.  The Board adopted recommendations of its Environmental Health Committee in December 2006 providing direction to the Department regarding preparing a second draft rule proposal. The Board was briefed by the Department in August 2007 on a second draft of proposed rule revisions. The Department is collecting cost/benefit information and developing a final draft proposal for the Board’s consideration. The Board expects to be briefed on the final proposal in April 2008 and hold a public hearing on the rule revision in June 2008.

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. For additional information, view the Department’s Web site: http://www.doh.wa.gov/ehp/dw/our_main_pages/regula.htm.

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


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.

For additional information on this rule revision, please go to the DOH Web pages at http://www.doh.wa.gov/ehp/dw/our_main_pages/arsenic.htm and http://www.doh.wa.gov/ehp/dw/RULES/grp_b_cr-101_7-9-07.pdf.

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

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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: Yvette Fox, 360-236-4606

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Water Recreation Facilities

The Board has rules for water recreation facilities in Chapter 246-260 WAC.  In 2008, the Board expects to be briefed by the Department on implementation of the rule and whether opening the rule for additional revisions should be considered.

  • CR-103 filed September 1, 2004 as WSR 04-18-096.
  • Effective October 31, 2005.

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.

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

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