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SBOH Home Rule Making Process

Last updated:  April 19, 2013

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State Board of Health
101 Israel Road S.E.
P.O. Box 47990
Olympia, WA 98504
(360) 236-4100 
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(360) 236-4088 
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wsboh@sboh.wa.gov
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Hours: M-F 8 a.m.-5 p.m.
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SBOH Rules

Environmental Health


Commercial Shellfish

The Board regulates the commercial harvesting and distribution of molluscan shellfish under Chapter 246-282 WAC. On November 29, 2012, the Board filed a Preproposal Statement of Inquiry (CR-101) to begin the process of considering a revision to WAC 246-282-006, Washington state Vibrio parahaemoliticus (Vp) control plan. The Department of Health has formed an advisory workgroup to develop recommendations to the Board. CR-101 filed on November 29, 2012, as WSR 12-24-036.

Statutory Authority: RCW 69.30.030
SBOH Contact:
Ned Therien, 360-236-4103
Department of Health Contact:
Rick Porso, 360-236-3302

For additional information about the process, please refer to the following Department of Health web site: http://www.doh.wa.gov/CommunityandEnvironment/Shellfish/Rules/VibrioRuleRevision.aspx.

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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. This rule making was suspended through 2012 because of Governor Gregoire's Executive Order 11-03.

Statutory Authority: RCW 43.20.050
SBOH Contact:
Ned Therien, 360-236-4103
Department of Health 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. In November 2009, the Board asked the Department to develop a proposal to update these rules. The Department met with stakeholders to solicit input regarding updating the provisions to correspond with the most recent FDA Food Code, the 2009 edition. The Board approved a proposal to revise the rules at its October 10, 2012 meeting in Olympia. The rule revisions are effective May 1, 2013.

·         CR-103 filed January 17, 2013 as WSR 13-03-109

 

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

For more information, please visit the Department of Health food service rules development website.

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Keeping of Animals

The Board received a petition for rule making in June 2009 to revise WAC 246-203-130, Keeping of animals, regarding nuisances related to manure. The Board denied the specific request in the petition at its July 2009 meeting, but directed staff to open the rule to consider updating the rule. This rule making was suspended through 2012 because of Governor Gregoire’s Executive Order 11-03. Board staff will organize one or more meetings with stakeholders during 2013 and develop a proposal for the Board's consideration in early 2014.

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


Onsite Sewage Systems: Smaller

In March 2006, the Board received a petition for rule making from the Lieutenant 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 draft Recommended Standards and Guidance (RS&G) for Performance, Application, Design, and Operation and Maintenance Proprietary On-site Wastewater Treatment Products. The RS&G became effective July 1, 2012 and serves as an interim measure to development of proposed rules. View the standards. This rule making was suspended through 2012 because of Governor Gregoire's Executive Order 11-03. The Department of Health lacks the staff resources at this time for technical support, so this rule making is delayed.

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

Statutory Authority: RCW 43.20.050
SBOH Contact:
Ned Therien, 360-236-4103
Department of Health Contact:
Jerrod Davis, 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. After much testimony from teachers and parents of students, the Board initiated a rule revision in October 2004.

On Aug. 12, 2009, the Board adopted updated rules. It filed a rule order (CR-103) in December 2009 providing an effective date of July 1, 2010 for the new rules. Because of legislative restrictions to implementing new school facility rules in the 2009-2011 biennial budget bill, the Board expected it would need to reconsider the effective date based on the 2010 legislative session.

On March 10, 2010, as the regular legislative session was concluding and no funding was expected to allow implementation of the new rules, the Board voted to delay the effective date of the rules one year. Therefore, staff filed an updated CR-103 to establish the effective date for the new rules as July 1, 2011.

Because of the expected continuation of the legislative restrictions on implementing the new rules, in April 13, 2011 and again on March 13, 2013, the Board voted to file rule-making orders to delay the effective date of the new rules. The tentative effective date of the new rules is  July 1, 2015. Existing chapter 246-366 WAC will remain in place until superseded by new provisions of chapter 246-366A WAC.

The new order setting a July 2015 effective date could be amended by the Board again in the future to delay the effective date of all or some of the new sections, depending on legislative actions in upcoming sessions regarding restricting implementation of the rules and providing funding to public schools for the new rule provisions.

Board activities:

·         CR-103 filed December 22, 2009 as WSR 10-01-174

·         CR-103 filed May 21, 2010 as WSR 10-12-018

·         CR-103 filed May 3, 2011 as WSR 11-10-080

·         CR-103 filed April 11, 2013 as WSR 13-09-040

Statutory Authority: RCW 43.20.050
SBOH Contact:
Ned Therien, 360-236-4103
Department of Health Contact:
Nancy Bernard, 360-236-3072, or Mark Soltman, 360-236-3012

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 June 2009 for delegation to revise this rule chapter to adopt new U.S. Environmental Protection Agency (EPA) provisions for lead and copper, called "short-term revisions." The Department adopted rule revisions on Aug. 15, 2011. EPA asked for some edits to this rule revision after the Department had adopted it. The Department made the requested edits and re-filed revisions on March 30, 2012. New rule provisions are explained here.
 

·         CR-103 filed March 30, 2012, as WSR 12-08-044

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

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Public Water Supplies: Group A - Fluoridation

In the Board’s rules for large public water systems is a section, WAC 246-290-460, with requirements for those systems that choose to fluoridate under RCW 57.08.012. This Board rule requires those systems to maintain a concentration within a range of 0.8 – 1.3 parts per million, monitor the concentration through sampling, and report analysis results to the Department of Health. The Board is considering revising the rule based on anticipated revised recommendations from the U.S. Department of Health and Human Services (HHS) when that agency finalizes its recommendations.

·         CR-101 filed May 13, 2011 as WSR 11-11-046

Statutory Authority: RCW 43.20.050
SBOH Contact: Ned Therien, 360-236-4103

More information about this rule revision is available from the CDC.

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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.  In 2009, the Legislature cut funding to the Department of Health for ongoing monitoring of these water systems and changed the Board’s rule making authority.  The Board adopted rule revisions on October 10, 2012.  The revised rules  become effective on January 1, 2014.

·         CR-103 filed December 4, 2012 as WSR 12-24-070

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

For additional information, please visit the Department of Health’s drinking water rules development website.

The Department of Health provides additional information about arsenic in drinking water.

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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. This rule making was suspended through 2012 because of Governor Gregoire's Executive Order 11-03. This rule making continues to be on hold due to lack of staff resources.

Statutory Authority: RCW 43.20.050 and Chapter 70.62 RCW
SBOH Contact: Ned Therien, 360-236-4103
Department of Health 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 of Health on implementation of the rules and some inconsistency with the federal Virginia Graham Baker Act regarding pool and spa drain safety. The Board delegated authority to the Department in October 2009 to revise the rules to be compatible with federal requirements. The Department adopted a rule revision in October 2010. In January 2012, the Department requested and was granted delegation for rule making again to revise these rules. The primary purpose was to update the reference to an industry drain cover design standard to be consistent with Consumer Product Safety Commission requirements. The reference is to ANSI/APSP Standard 16 2011.

·         CR-103 filed Aug. 17, 2012, as WSR 12-17-102

Statutory Authority: RCW 43.20.050 and Chapter 70.90 RCW
SBOH Contact: Ned Therien, 360-236-4103
Department of Health Contact: David Gifford, 360-236-3074

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Zoonotic Diseases

The Board identified the need to update its rules for diseases transmissible from animals to humans in its 2004 report, Zoonotic Diseases and Exotic Pets: A Public Health Policy Analysis.  

The Board initiated revision of its rules (WAC 246-100-191 and 246-100-201) in 2007 to help prevent the transmission of particularly rabies and psittacosis. 

The Department formed an interagency workgroup to gain input on developing concepts for a rule revision proposal. Concepts for revision of the two existing rule sections and formation of two new rule sections were presented to the Board at its June 2010 meeting. The Board adopted rules in November 2010, which became effective January 1, 2012.

·         CR-103 filed January 21, 2011 as WSR 11-04-017

Statutory Authority: RCW 43.20.050(2) and RCW 16.70.040(1).
SBOH Contact: Ned Therien, 360-236-4103
Department of Health Contact: Elizabeth Dykstra, 360-236-3388

More information about this rule revision is available.

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