Title 365 WAC COMMUNITY_ TRADE_ AND ECONOMIC DEVELOPMENT by linzhengnd

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									                 Title 365 WAC
     Title 365




 COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT,
               DEPARTMENT OF
         (COMMUNITY DEVELOPMENT)
Chapters                                                                                 DISPOSITION OF CHAPTERS FORMERLY
                                                                                                CODIFIED IN THIS TITLE
365-04             General procedures.
365-08             Uniform procedural rules.                                                         Chapter 365-06
                                                                                                   PUBLIC RECORDS
365-18             Long-term care ombudsman program,
                      department of community, trade, and                   365-06-010       Purpose of chapter. [Order 73-4, § 365-06-010, filed
                                                                                             9/12/73.] Repealed by 98-05-027, filed 2/9/98, effective
                      economic development.                                                  3/12/98.
365-70             Allocating single family housing bonds                   365-06-020       Availability of public records and office procedures
                      among local housing agencies.                                          applicable to such availability. [Order 73-4, § 365-06-
                                                                                             020, filed 9/12/73.] Repealed by 98-05-027, filed
365-80             Fire protection contracts for state facili-                               2/9/98, effective 3/12/98.
                      ties with cities and towns.                                             Chapter 365-12
365-90             Supplemental law enforcement resources                   REGULATIONS REGARDING RECOGNITION AND APPROVAL
                      for border areas.                                     OF REGIONAL PLANNING AGENCIES FOR COMPREHENSIVE
                                                                                            HEALTH PLANNING
365-100            Winter utility moratorium program.
                                                                            365-12-010       Declaration of public policy. [Assumed and reaffirmed
365-110            State Building Code—Building permit                                       by the department of community development in WSR
                      surcharges and fees.                                                   84-14-064, filed 6/30/84. Order 72-2, § 365-12-010,
365-120            State funding of local emergency shelter                                  filed 1/31/72.] Repealed by 85-15-011 (Order 85-06),
                                                                                             filed 7/8/85. Statutory Authority: RCW 43.63A.060.
                      and transitional housing, operating                   365-12-020       Definitions. [Assumed and reaffirmed by the depart-
                      and rent programs.                                                     ment of community development in WSR 84-14-064,
365-130            Bond users clearinghouse.                                                 filed 6/30/84. Order 72-2, § 365-12-020, filed 1/31/72.]
                                                                                             Repealed by 85-15-011 (Order 85-06), filed 7/8/85.
365-135            Bond cap allocation.                                                      Statutory Authority: RCW 43.63A.060.
365-140            State funding of local emergency food pro-               365-12-030       Regional planning agencies—Establishment. [Assumed
                                                                                             and reaffirmed by the department of community devel-
                      grams.                                                                 opment in WSR 84-14-064, filed 6/30/84. Order 72-2, §
365-150            Washington state development loan fund.                                   365-12-030, filed 1/31/72.] Repealed by 85-15-011
365-180            Energy matchmakers.                                                       (Order 85-06), filed 7/8/85. Statutory Authority: RCW
                                                                                             43.63A.060.
365-185            Procedures for management of growth                      365-12-040       Functions. [Assumed and reaffirmed by the department
                      management planning and environ-                                       of community development in WSR 84-14-064, filed
                      mental review fund.                                                    6/30/84. Order 72-2, § 365-12-040, filed 1/31/72.]
                                                                                             Repealed by 85-15-011 (Order 85-06), filed 7/8/85.
365-190            Minimum guidelines to classify agricul-                                   Statutory Authority: RCW 43.63A.060.
                      ture, forest, mineral lands and critical              365-12-050       Recognition and approval. [Assumed and reaffirmed by
                      areas.                                                                 the department of community development in WSR 84-
                                                                                             14-064, filed 6/30/84. Order 72-2, § 365-12-050, filed
365-195            Growth Management Act—Procedural                                          1/31/72.] Repealed by 85-15-011 (Order 85-06), filed
                      criteria for adopting comprehensive                                    7/8/85. Statutory Authority: RCW 43.63A.060.
                      plans and development regulations.                    365-12-060       Procedure. [Assumed and reaffirmed by the department
                                                                                             of community development in WSR 84-14-064, filed
365-197            Project consistency.                                                      6/30/84. Order 72-2, § 365-12-060, filed 1/31/72.]
365-200            The affordable housing program.                                           Repealed by 85-15-011 (Order 85-06), filed 7/8/85.
                                                                                             Statutory Authority: RCW 43.63A.060.
365-205            Individual development accounts.                         365-12-070       Criteria. [Assumed and reaffirmed by the department of
365-210            Manufactured housing installer training                                   community development in WSR 84-14-064, filed
                                                                                             6/30/85. Order 73-2, § 365-12-070, filed 6/29/73; Order
                      and certification program.                                             72-2, § 365-12-070, filed 1/31/72.] Repealed by 85-15-
365-212            Manufactured housing relocation.                                          011 (Order 85-06), filed 7/8/85. Statutory Authority:
365-220            Developmental disabilities endowment                                      RCW 43.63A.060.
                                                                            365-12-080       Rejection. [Assumed and reaffirmed by the department
                      trust fund.                                                            of community development in WSR 84-14-064, filed
365-230            Accreditation of lead-based paint training                                6/30/84. Order 72-2, § 365-12-080, filed 1/31/72.]
                      programs and the certification of firms                                Repealed by 85-15-011 (Order 85-06), filed 7/8/85.
                                                                                             Statutory Authority: RCW 43.63A.060.
                      and individuals conducting lead-based                 365-12-090       Withdrawal. [Assumed and reaffirmed by the depart-
                      paint activities.                                                      ment of community development in WSR 84-14-064,
                                                                                             filed 6/30/84. Order 72-2, § 365-12-090, filed 1/31/72.]
                                                                                             Repealed by 85-15-011 (Order 85-06), filed 7/8/85.
      Reviser’s note: The department of community development reaf-                          Statutory Authority: RCW 43.63A.060.
firmed and assumed all rules made by the former planning and community      365-12-100       Notification requirements. [Assumed and reaffirmed by
affairs agency by the filing of WSR 84-14-064 on June 30, 1984. The reaf-                    the department of community development in WSR 84-
firmed chapters within Title 365 are as follows: Chapters 365-04, 365-06,                    14-064, filed 6/30/84. Order 72-2, § 365-12-100, filed
365-08, 365-12, 365-14, 365-22, 365-24, 365-31, 365-40, 365-60, 365-70,                      1/31/72.] Repealed by 85-15-011 (Order 85-06), filed
365-80, and 365-90 WAC.                                                                      7/8/85. Statutory Authority: RCW 43.63A.060.

(2009 Ed.)                                                                                                                  [Title 365 WAC—p. 1]
Title 365                                      Title 365 WAC: Community Development

365-12-110      Declaration of emergency. [Order 72-2, § 365-12-110,       365-14-220   Demonstration of local support. [Order 75-3, § 365-14-
                filed 1/31/72 and Emergency Order 72-1, filed 1/18/72.]                 220, filed 8/11/75; Order 74-02, § 365-14-220, filed
                Decodified.                                                             2/19/74.] Repealed by Permanent and Emergency Order
                                                                                        77-01, filed 3/4/77, effective 3/4/77.
                     Chapter 365-14
     FUNDING OF REGIONAL COMPREHENSIVE HEALTH                                                 Chapter 365-22
                 PLANNING AGENCIES                                         PLANNING ADVANCES PROGRAM FOR LOCAL GOVERNMENT
                                                                                             PUBLIC WORKS
365-14-010      General purpose. [Assumed and reaffirmed by the
                department of community development in WSR 84-14-          365-22-010   Objectives of the planning advance program. [Assumed
                064, filed 6/30/84. Permanent and Emergency Order 77-                   and reaffirmed by the department of community devel-
                01, § 365-14-010, filed 3/4/77, effective 3/4/77; Order                 opment in WSR 84-14-064, filed 6/30/84. Order 72-7, §
                72-6, § 365-14-010, filed 11/3/72.] Repealed by 85-15-                  365-22-010, filed 11/16/72.] Repealed by 85-15-010
                011 (Order 85-06), filed 7/8/85. Statutory Authority:                   (Order 85-05), filed 7/8/85. Statutory Authority: RCW
                RCW 43.63A.060.                                                         43.63A.060.
365-14-020      Eligibility of applicants. [Assumed and reaffirmed by      365-22-020   Eligibility of applicants. [Assumed and reaffirmed by
                the department of community development in WSR 84-                      the department of community development in WSR 84-
                14-064, filed 6/30/84. Permanent and Emergency Order                    14-064, filed 6/30/84. Order 72-7, § 365-22-020, filed
                77-01, § 365-14-020, filed 3/4/77, effective 3/4/77;                    11/16/72.] Repealed by 85-15-010 (Order 85-05), filed
                Order 73-2, § 365-14-020, filed 6/29/73; Order 72-6, §                  7/8/85. Statutory Authority: RCW 43.63A.060.
                365-14-020, filed 11/3/72.] Repealed by 85-15-011          365-22-030   Eligibility of public work. [Assumed and reaffirmed by
                (Order 85-06), filed 7/8/85. Statutory Authority: RCW                   the department of community development in WSR 84-
                43.63A.060.                                                             14-064, filed 6/30/84. Order 72-7, § 365-22-030, filed
365-14-030      Application process. [Assumed and reaffirmed by the                     11/16/72.] Repealed by 85-15-010 (Order 85-05), filed
                department of community development in WSR 84-14-                       7/8/85. Statutory Authority: RCW 43.63A.060.
                064, filed 6/30/84. Order 73-2, § 365-14-030, filed        365-22-040   Application for planning advance. [Assumed and reaf-
                6/29/73; Order 72-6, § 365-14-030, filed 11/3/72.]                      firmed by the department of community development in
                Repealed by 85-15-011 (Order 85-06), filed 7/8/85.                      WSR 84-14-064, filed 6/30/84. Order 72-7, § 365-22-
                Statutory Authority: RCW 43.63A.060.                                    040, filed 11/16/72.] Repealed by 85-15-010 (Order 85-
365-14-040      Action by agency regarding application. [Assumed and                    05), filed 7/8/85. Statutory Authority: RCW 43.63A.-
                reaffirmed by the department of community develop-                      060.
                ment in WSR 84-14-064, filed 6/30/84. Order 72-6, §        365-22-050   Action by agency regarding application. [Assumed and
                365-14-040, filed 11/3/72.] Repealed by 85-15-011                       reaffirmed by the department of community develop-
                (Order 85-06), filed 7/8/85. Statutory Authority: RCW                   ment in WSR 84-14-064, filed 6/30/84. Order 72-7, §
                43.63A.060.                                                             365-22-050, filed 11/16/72.] Repealed by 85-15-010
365-14-050      Funding allocation basis. [Assumed and reaffirmed by                    (Order 85-05), filed 7/8/85. Statutory Authority: RCW
                the department of community development in WSR 84-                      43.63A.060.
                14-064, filed 6/30/84. Permanent and Emergency Order       365-22-060   Planning advance funding criteria and preferences.
                77-01, § 365-14-050, filed 3/4/77, effective 3/4/77;                    [Assumed and reaffirmed by the department of commu-
                Order 73-2, § 365-14-050, filed 6/29/73; Order 72-6, §                  nity development in WSR 84-14-064, filed 6/30/84.
                365-14-050, filed 11/3/72.] Repealed by 85-15-011                       Order 72-7, § 365-22-060, filed 11/16/72.] Repealed by
                (Order 85-06), filed 7/8/85. Statutory Authority: RCW                   85-15-010 (Order 85-05), filed 7/8/85. Statutory
                43.63A.060.                                                             Authority: RCW 43.63A.060.
365-14-060      Decision of agency final. [Assumed and reaffirmed by       365-22-070   Decision of agency final. [Assumed and reaffirmed by
                the department of community development in WSR 84-                      the department of community development in WSR 84-
                14-064, filed 6/30/84. Order 73-2, § 365-14-060, filed                  14-064, filed 6/30/84. Order 72-7, § 365-22-070, filed
                6/29/73; Order 72-6, § 365-14-060, filed 11/3/72.]                      11/16/72.] Repealed by 85-15-010 (Order 85-05), filed
                Repealed by 85-15-011 (Order 85-06), filed 7/8/85.                      7/8/85. Statutory Authority: RCW 43.63A.060.
                Statutory Authority: RCW 43.63A.060.                       365-22-080   Planning advance terms. [Assumed and reaffirmed by
365-14-070      Contract terms and conditions. [Assumed and reaf-                       the department of community development in WSR 84-
                firmed by the department of community development in                    14-064, filed 6/30/84. Order 72-7, § 365-22-080, filed
                WSR 84-14-064, filed 6/30/84. Order 72-6, § 365-14-                     11/16/72.] Repealed by 85-15-010 (Order 85-05), filed
                070, filed 11/3/72.] Repealed by 85-15-011 (Order 85-                   7/8/85. Statutory Authority: RCW 43.63A.060.
                06), filed 7/8/85. Statutory Authority: RCW 43.63A.-       365-22-090   Commitment for additional funds. [Assumed and reaf-
                060.                                                                    firmed by the department of community development in
365-14-080      Commitment for additional funds. [Assumed and reaf-                     WSR 84-14-064, filed 6/30/84. Order 72-7, § 365-22-
                firmed by the department of community development in                    090, filed 11/16/72.] Repealed by 85-15-010 (Order 85-
                WSR 84-14-064, filed 6/30/84. Permanent and Emer-                       05), filed 7/8/85. Statutory Authority: RCW 43.63A.-
                gency Order 77-01, § 365-14-080, filed 3/4/77, effective                060.
                3/4/77; Order 72-6, § 365-14-080, filed 11/3/72.]
                Repealed by 85-15-011 (Order 85-06), filed 7/8/85.                          Chapter 365-24
                Statutory Authority: RCW 43.63A.060.                       UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
365-14-110      Opportunity of funded agency to apply for funds for use                     ACQUISITION
                in otherwise unfunded district. [Order 73-2, § 365-14-     365-24-010   General purpose and coverage. [Order 74-05, § 365-24-
                110, filed 6/29/73.] Repealed by Permanent and Emer-                    010, filed 10/9/74.] Repealed by 93-19-102 (Order 93-
                gency Order 77-01, filed 3/4/77, effective 3/4/77.                      07), filed 9/16/93, effective 10/17/93. Statutory Author-
365-14-120      Application process. [Order 73-2, § 365-14-120, filed                   ity: Chapter 43.63A RCW.
                6/29/73.] Repealed by Permanent and Emergency Order        365-24-020   General responsibilities of relocating entities. [Order
                77-01, filed 3/4/77, effective 3/4/77.                                  74-05, § 365-24-020, filed 10/9/74.] Repealed by 93-19-
365-14-130      Agreement contents. [Order 73-2, § 365-14-130, filed                    102 (Order 93-07), filed 9/16/93, effective 10/17/93.
                6/29/73.] Repealed by Permanent and Emergency Order                     Statutory Authority: Chapter 43.63A RCW.
                77-01, filed 3/4/77, effective 3/4/77.                     365-24-030   State agencies and local public bodies policies and pro-
365-14-200      Funding of demonstration projects. [Assumed and reaf-                   cedures. [Order 74-05, § 365-24-030, filed 10/9/74.]
                firmed by the department of community development in                    Repealed by 93-19-102 (Order 93-07), filed 9/16/93,
                WSR 84-14-064, filed 6/30/84. Permanent and Emer-                       effective 10/17/93. Statutory Authority: Chapter
                gency Order 77-01, § 365-14-200, filed 3/4/77, effective                43.63A RCW.
                3/4/77; Order 74-03, § 365-14-200, filed 5/23/74; Order    365-24-040   Review of activities for compliance with chapter 8.26
                74-02, § 365-14-200, filed 2/19/74.] Repealed by 85-15-                 RCW. [Order 74-05, § 365-24-040, filed 10/9/74.]
                011 (Order 85-06), filed 7/8/85. Statutory Authority:                   Repealed by 93-19-102 (Order 93-07), filed 9/16/93,
                RCW 43.63A.060.                                                         effective 10/17/93. Statutory Authority: Chapter
365-14-210      Application process. [Assumed and reaffirmed by the                     43.63A RCW.
                department of community development in WSR 84-14-          365-24-050   Public information. [Order 74-05, § 365-24-050, filed
                064, filed 6/30/84. Order 74-02, § 365-14-210, filed                    10/9/74.] Repealed by 93-19-102 (Order 93-07), filed
                2/19/74.] Repealed by 85-15-011 (Order 85-06), filed                    9/16/93, effective 10/17/93. Statutory Authority: Chap-
                7/8/85. Statutory Authority: RCW 43.63A.060.                            ter 43.63A RCW.

[Title 365 WAC—p. 2]                                                                                                                  (2009 Ed.)
                                                       Community Development                                                       Title 365

365-24-060   Payments not considered income or resource. [Order 74-      365-24-540   Amount of business fixed payment. [Order 74-05, §
             05, § 365-24-060, filed 10/9/74.] Repealed by 93-19-                     365-24-540, filed 10/9/74.] Repealed by 93-19-102
             102 (Order 93-07), filed 9/16/93, effective 10/17/93.                    (Order 93-07), filed 9/16/93, effective 10/17/93. Statu-
             Statutory Authority: Chapter 43.63A RCW.                                 tory Authority: Chapter 43.63A RCW.
365-24-100   Interpretation of definitions. [Order 74-05, § 365-24-      365-24-610   Eligibility. [Order 74-05, § 365-24-610, filed 10/9/74.]
             100, filed 10/9/74.] Repealed by 93-19-102 (Order 93-                    Repealed by 93-19-102 (Order 93-07), filed 9/16/93,
             07), filed 9/16/93, effective 10/17/93. Statutory Author-                effective 10/17/93. Statutory Authority: Chapter
             ity: Chapter 43.63A RCW.                                                 43.63A RCW.
365-24-110   Specific definitions. [Order 74-05, § 365-24-110, filed     365-24-620   Computation of replacement housing payment. [Order
             10/9/74.] Repealed by 93-19-102 (Order 93-07), filed                     74-05, § 365-24-620, filed 10/9/74.] Repealed by 93-19-
             9/16/93, effective 10/17/93. Statutory Authority: Chap-                  102 (Order 93-07), filed 9/16/93, effective 10/17/93.
             ter 43.63A RCW.                                                          Statutory Authority: Chapter 43.63A RCW.
365-24-210   Determination or assurance of availability of housing.      365-24-710   Eligibility. [Order 74-05, § 365-24-710, filed 10/9/74.]
             [Order 74-05, § 365-24-210, filed 10/9/74.] Repealed by                  Repealed by 93-19-102 (Order 93-07), filed 9/16/93,
             93-19-102 (Order 93-07), filed 9/16/93, effective                        effective 10/17/93. Statutory Authority: Chapter
             10/17/93. Statutory Authority: Chapter 43.63A RCW.                       43.63A RCW.
365-24-220   Data support for determination or assurance. [Order 74-     365-24-720   Computation of replacement housing payments for dis-
             05, § 365-24-220, filed 10/9/74.] Repealed by 93-19-                     placed tenants. [Order 74-05, § 365-24-720, filed
             102 (Order 93-07), filed 9/16/93, effective 10/17/93.                    10/9/74.] Repealed by 93-19-102 (Order 93-07), filed
             Statutory Authority: Chapter 43.63A RCW.                                 9/16/93, effective 10/17/93. Statutory Authority: Chap-
365-24-230   Waiver of assurances. [Order 74-05, § 365-24-230, filed                  ter 43.63A RCW.
             10/9/74.] Repealed by 93-19-102 (Order 93-07), filed        365-24-730   Computation of replacement housing payment for cer-
             9/16/93, effective 10/17/93. Statutory Authority: Chap-                  tain others. [Order 74-05, § 365-24-730, filed 10/9/74.]
             ter 43.63A RCW.                                                          Repealed by 93-19-102 (Order 93-07), filed 9/16/93,
365-24-240   Housing provided as a last resort. [Order 74-05, § 365-                  effective 10/17/93. Statutory Authority: Chapter
             24-240, filed 10/9/74.] Repealed by 93-19-102 (Order                     43.63A RCW.
             93-07), filed 9/16/93, effective 10/17/93. Statutory        365-24-810   Right of review. [Order 74-05, § 365-24-810, filed
             Authority: Chapter 43.63A RCW.                                           10/9/74.] Repealed by 93-19-102 (Order 93-07), filed
365-24-310   Relocation assistance advisory program. [Order 74-05,                    9/16/93, effective 10/17/93. Statutory Authority: Chap-
             § 365-24-310, filed 10/9/74.] Repealed by 93-19-102                      ter 43.63A RCW.
             (Order 93-07), filed 9/16/93, effective 10/17/93. Statu-    365-24-820   Initiation of appeal—Notice and statement. [Order 74-
             tory Authority: Chapter 43.63A RCW.                                      05, § 365-24-820, filed 10/9/74.] Repealed by 93-19-
365-24-312   Other advisory services. [Order 74-05, § 365-24-312,                     102 (Order 93-07), filed 9/16/93, effective 10/17/93.
             filed 10/9/74.] Repealed by 93-19-102 (Order 93-07),                     Statutory Authority: Chapter 43.63A RCW.
             filed 9/16/93, effective 10/17/93. Statutory Authority:     365-24-822   Form of statement. [Order 74-05, § 365-24-822, filed
             Chapter 43.63A RCW.                                                      10/9/74.] Repealed by 93-19-102 (Order 93-07), filed
365-24-320   Contracting for relocation services. [Order 74-05, §                     9/16/93, effective 10/17/93. Statutory Authority: Chap-
             365-24-320, filed 10/9/74.] Repealed by 93-19-102                        ter 43.63A RCW.
             (Order 93-07), filed 9/16/93, effective 10/17/93. Statu-    365-24-824   Correction or amendment of notice. [Order 74-05, §
             tory Authority: Chapter 43.63A RCW.                                      365-24-824, filed 10/9/74.] Repealed by 93-19-102
365-24-330   Coordination of planned relocation activities. [Order                    (Order 93-07), filed 9/16/93, effective 10/17/93. Statu-
             74-05, § 365-24-330, filed 10/9/74.] Repealed by 93-19-                  tory Authority: Chapter 43.63A RCW.
             102 (Order 93-07), filed 9/16/93, effective 10/17/93.       365-24-830   Preliminary review authorized. [Order 74-05, § 365-24-
             Statutory Authority: Chapter 43.63A RCW.                                 830, filed 10/9/74.] Repealed by 93-19-102 (Order 93-
365-24-410   Eligibility. [Order 74-05, § 365-24-410, filed 10/9/74.]                 07), filed 9/16/93, effective 10/17/93. Statutory Author-
             Repealed by 93-19-102 (Order 93-07), filed 9/16/93,                      ity: Chapter 43.63A RCW.
             effective 10/17/93. Statutory Authority: Chapter            365-24-832   Notice and time limitation on preliminary review.
             43.63A RCW.                                                              [Order 74-05, § 365-24-832, filed 10/9/74.] Repealed by
365-24-420   Allowable moving expenses for displaced persons.                         93-19-102 (Order 93-07), filed 9/16/93, effective
             [Order 74-05, § 365-24-420, filed 10/9/74.] Repealed by                  10/17/93. Statutory Authority: Chapter 43.63A RCW.
             93-19-102 (Order 93-07), filed 9/16/93, effective           365-24-834   Effect of preliminary review. [Order 74-05, § 365-24-
             10/17/93. Statutory Authority: Chapter 43.63A RCW.                       834, filed 10/9/74.] Repealed by 93-19-102 (Order 93-
365-24-430   Limitations on allowable moving expenses for displaced                   07), filed 9/16/93, effective 10/17/93. Statutory Author-
             persons. [Order 74-05, § 365-24-430, filed 10/9/74.]                     ity: Chapter 43.63A RCW.
             Repealed by 93-19-102 (Order 93-07), filed 9/16/93,         365-24-840   Applicability of Administrative Procedure Act. [Order
             effective 10/17/93. Statutory Authority: Chapter                         74-05, § 365-24-840, filed 10/9/74.] Repealed by 93-19-
             43.63A RCW.                                                              102 (Order 93-07), filed 9/16/93, effective 10/17/93.
365-24-440   Nonallowable moving expenses and losses of displaced                     Statutory Authority: Chapter 43.63A RCW.
             persons. [Order 74-05, § 365-24-440, filed 10/9/74.]        365-24-850   Appointment of hearing officer. [Order 74-05, § 365-
             Repealed by 93-19-102 (Order 93-07), filed 9/16/93,                      24-850, filed 10/9/74.] Repealed by 93-19-102 (Order
             effective 10/17/93. Statutory Authority: Chapter                         93-07), filed 9/16/93, effective 10/17/93. Statutory
             43.63A RCW.                                                              Authority: Chapter 43.63A RCW.
365-24-450   Allowable expenses in searching for replacement busi-       365-24-852   Hearing officer powers and duties. [Order 74-05, § 365-
             ness or farms. [Order 74-05, § 365-24-450, filed                         24-852, filed 10/9/74.] Repealed by 93-19-102 (Order
             10/9/74.] Repealed by 93-19-102 (Order 93-07), filed                     93-07), filed 9/16/93, effective 10/17/93. Statutory
             9/16/93, effective 10/17/93. Statutory Authority: Chap-                  Authority: Chapter 43.63A RCW.
             ter 43.63A RCW.                                             365-24-854   Time and place of hearing. [Order 74-05, § 365-24-854,
365-24-460   Limitations on allowable expenses in searching for                       filed 10/9/74.] Repealed by 93-19-102 (Order 93-07),
             replacement business or farms. [Order 74-05, § 365-24-                   filed 9/16/93, effective 10/17/93. Statutory Authority:
             460, filed 10/9/74.] Repealed by 93-19-102 (Order 93-                    Chapter 43.63A RCW.
             07), filed 9/16/93, effective 10/17/93. Statutory Author-   365-24-856   Evidence. [Order 74-05, § 365-24-856, filed 10/9/74.]
             ity: Chapter 43.63A RCW.                                                 Repealed by 93-19-102 (Order 93-07), filed 9/16/93,
365-24-510   For displacement from a dwelling. [Order 74-05, § 365-                   effective 10/17/93. Statutory Authority: Chapter
             24-510, filed 10/9/74.] Repealed by 93-19-102 (Order                     43.63A RCW.
             93-07), filed 9/16/93, effective 10/17/93. Statutory        365-24-858   Submission of proposed decision and orders. [Order 74-
             Authority: Chapter 43.63A RCW.                                           05, § 365-24-858, filed 10/9/74.] Repealed by 93-19-
365-24-520   For displacement from a business. [Order 74-05, § 365-                   102 (Order 93-07), filed 9/16/93, effective 10/17/93.
             24-520, filed 10/9/74.] Repealed by 93-19-102 (Order                     Statutory Authority: Chapter 43.63A RCW.
             93-07), filed 9/16/93, effective 10/17/93. Statutory        365-24-860   Exceptions—Time for filing. [Order 74-05, § 365-24-
             Authority: Chapter 43.63A RCW.                                           860, filed 10/9/74.] Repealed by 93-19-102 (Order 93-
365-24-530   For displacement from a farm operation. [Order 74-05, §                  07), filed 9/16/93, effective 10/17/93. Statutory Author-
             365-24-530, filed 10/9/74.] Repealed by 93-19-102                        ity: Chapter 43.63A RCW.
             (Order 93-07), filed 9/16/93, effective 10/17/93. Statu-    365-24-862   Reply to exceptions. [Order 74-05, § 365-24-862, filed
             tory Authority: Chapter 43.63A RCW.                                      10/9/74.] Repealed by 93-19-102 (Order 93-07), filed

(2009 Ed.)                                                                                                            [Title 365 WAC—p. 3]
Title 365                                      Title 365 WAC: Community Development

                9/16/93, effective 10/17/93. Statutory Authority: Chap-     365-26-230   System funding for initial year of operation element.
                ter 43.63A RCW.                                                          [Order 76-05, § 365-26-230, filed 11/17/76; Order 75-5,
365-24-870      Submission or record and issuance of final decision.                     § 365-26-230, filed 12/31/75, 4:25 p.m.] Repealed by
                [Order 74-05, § 365-24-870, filed 10/9/74.] Repealed by                  80-01-030 (Order 43), filed 12/17/79. Statutory Author-
                93-19-102 (Order 93-07), filed 9/16/93, effective                        ity: RCW 47.01.101 and 47.01.121.
                10/17/93. Statutory Authority: Chapter 43.63A RCW.          365-26-240   System of funding for the second through fifth years of
365-24-880      Petitions for rule making. [Order 74-05, § 365-24-880,                   operation element. [Order 75-5, § 365-26-240, filed
                filed 10/9/74.] Repealed by 93-19-102 (Order 93-07),                     12/31/75, 4:25 p.m.] Repealed by 80-01-030 (Order 43),
                filed 9/16/93, effective 10/17/93. Statutory Authority:                  filed 12/17/79. Statutory Authority: RCW 47.01.101
                Chapter 43.63A RCW.                                                      and 47.01.121.
365-24-882      Requisites. [Order 74-05, § 365-24-882, filed 10/9/74.]     365-26-250   Relation to nearby transit operations element. [Order
                Repealed by 93-19-102 (Order 93-07), filed 9/16/93,                      76-05, § 365-26-250, filed 11/17/76; Order 75-5, § 365-
                effective 10/17/93. Statutory Authority: Chapter                         26-250, filed 12/31/75, 4:25 p.m.] Repealed by 80-01-
                43.63A RCW.                                                              030 (Order 43), filed 12/17/79. Statutory Authority:
365-24-884      Notice of disposition. [Order 74-05, § 365-24-884, filed                 RCW 47.01.101 and 47.01.121.
                10/9/74.] Repealed by 93-19-102 (Order 93-07), filed        365-26-260   Prospects for geographic expansion of service area ele-
                9/16/93, effective 10/17/93. Statutory Authority: Chap-                  ment. [Order 75-5, § 365-26-260, filed 12/31/75, 4:25
                ter 43.63A RCW.                                                          p.m.] Repealed by 80-01-030 (Order 43), filed 12/17/79.
365-24-910      Acquisition procedures. [Order 74-05, § 365-24-910,                      Statutory Authority: RCW 47.01.101 and 47.01.121.
                filed 10/9/74.] Repealed by 93-19-102 (Order 93-07),        365-26-270   Minorities, elderly, handicapped, and low income peo-
                filed 9/16/93, effective 10/17/93. Statutory Authority:                  ple transportation service element. [Order 75-5, § 365-
                Chapter 43.63A RCW.                                                      26-270, filed 12/31/75, 4:25 p.m.] Repealed by 80-01-
365-24-920      Statement furnished to owner upon initiation of negotia-                 030 (Order 43), filed 12/17/79. Statutory Authority:
                tions for acquisition of real property. [Order 74-05, §                  RCW 47.01.101 and 47.01.121.
                365-24-920, filed 10/9/74.] Repealed by 93-19-102           365-26-280   Citizen participation element. [Order 75-5, § 365-26-
                (Order 93-07), filed 9/16/93, effective 10/17/93. Statu-                 280, filed 12/31/75, 4:25 p.m.] Repealed by 80-01-030
                tory Authority: Chapter 43.63A RCW.                                      (Order 43), filed 12/17/79. Statutory Authority: RCW
365-24-930      Relocation costs and awards not to be considered in                      47.01.101 and 47.01.121.
                making appraisals. [Order 74-05, § 365-24-930, filed        365-26-290   Coordinated planning element. [Order 75-5, § 365-26-
                10/9/74.] Repealed by 93-19-102 (Order 93-07), filed                     290, filed 12/31/75, 4:25 p.m.] Repealed by 80-01-030
                9/16/93, effective 10/17/93. Statutory Authority: Chap-                  (Order 43), filed 12/17/79. Statutory Authority: RCW
                ter 43.63A RCW.                                                          47.01.101 and 47.01.121.
365-24-940      Consideration of relocation costs of outdoor advertising    365-26-300   Submission of comprehensive transit plans to agency.
                displays in making appraisals. [Order 74-05, § 365-24-                   [Order 75-5, § 365-26-300, filed 12/31/75, 4:25 p.m.]
                940, filed 10/9/74.] Repealed by 93-19-102 (Order 93-                    Repealed by 80-01-030 (Order 43), filed 12/17/79. Stat-
                07), filed 9/16/93, effective 10/17/93. Statutory Author-                utory Authority: RCW 47.01.101 and 47.01.121.
                ity: Chapter 43.63A RCW.                                    365-26-310   Review of comprehensive transit plan of public trans-
365-24-950      Acquisition of mobile homes. [Order 74-05, § 365-24-                     portation benefit area. [Order 75-5, § 365-26-310, filed
                950, filed 10/9/74.] Repealed by 93-19-102 (Order 93-                    12/31/75, 4:25 p.m.] Repealed by 80-01-030 (Order 43),
                07), filed 9/16/93, effective 10/17/93. Statutory Author-                filed 12/17/79. Statutory Authority: RCW 47.01.101
                ity: Chapter 43.63A RCW.                                                 and 47.01.121.
365-24-960      Appraisal standards. [Order 74-05, § 365-24-960, filed                         Chapter 365-31
                10/9/74.] Repealed by 93-19-102 (Order 93-07), filed          ORGANIZATION AND GENERAL PROCEDURES OF THE
                9/16/93, effective 10/17/93. Statutory Authority: Chap-     PLANNING AND COMMUNITY AFFAIRS AGENCY'S LAW AND
                ter 43.63A RCW.                                                JUSTICE PLANNING OFFICE AND THE GOVERNOR'S
                    Chapter 365-26                                                    COMMITTEE ON LAW AND JUSTICE
     REGULATIONS REGARDING ADVANCED FINANCIAL                               365-31-010   Definitions. [Assumed and reaffirmed by the depart-
      SUPPORT PAYMENTS FOR THE DEVELOPMENT OF                                            ment of community development in WSR 84-14-064,
            COMPREHENSIVE TRANSIT PLANS                                                  filed 6/30/84. Statutory Authority: RCW 43.41.100. 80-
                                                                                         05-023 (Order 48), § 365-31-010, filed 4/14/80; Order
365-26-010      General purpose and applicability. [Order 75-5, § 365-                   76-01, § 365-31-010, filed 2/13/76; Order 75-01, § 365-
                26-010, filed 12/31/75, 4:25 p.m.] Repealed by 80-01-                    11-010 (codified as WAC 365-31-010), filed 4/29/75.]
                030 (Order 43), filed 12/17/79. Statutory Authority:                     Repealed by 85-15-009 (Order 85-04), filed 7/8/85.
                RCW 47.01.101 and 47.01.121.                                             Statutory Authority: RCW 43.63A.060.
365-26-015      Definitions. [Order 75-5, § 365-26-015, filed 12/31/75,     365-31-020   Rules of interpretation. [Assumed and reaffirmed by the
                4:25 p.m.] Repealed by 80-01-030 (Order 43), filed                       department of community development in WSR 84-14-
                12/17/79. Statutory Authority: RCW 47.01.101 and                         064, filed 6/30/84. Statutory Authority: RCW 43.41.-
                47.01.121.                                                               100. 80-05-023 (Order 48), § 365-31-020, filed 4/14/80;
365-26-110      Application for advanced financial support payment.                      Order 75-01, § 365-31-020, filed 4/29/75.] Repealed by
                [Order 75-5, § 365-26-110, filed 12/31/75, 4:25 p.m.]                    85-15-009 (Order 85-04), filed 7/8/85. Statutory
                Repealed by 80-01-030 (Order 43), filed 12/17/79. Stat-                  Authority: RCW 43.63A.060.
                utory Authority: RCW 47.01.101 and 47.01.121.               365-31-110   Officers of the governor's council on criminal justice
365-26-120      Office response to application. [Order 75-5, § 365-26-                   and governor's juvenile justice advisory committee.
                120, filed 12/31/75, 4:25 p.m.] Repealed by 80-01-030                    [Assumed and reaffirmed by the department of commu-
                (Order 43), filed 12/17/79. Statutory Authority: RCW                     nity development in WSR 84-14-064, filed 6/30/84.
                47.01.101 and 47.01.121.                                                 Statutory Authority: RCW 43.41.100. 80-05-023
365-26-130      Conditions of advanced financial support payments.                       (Order 48), § 365-31-110, filed 4/14/80; Order 75-01, §
                [Order 75-5, § 365-26-130, filed 12/31/75, 4:25 p.m.]                    365-31-110, filed 4/29/75.] Repealed by 85-15-009
                Repealed by 80-01-030 (Order 43), filed 12/17/79. Stat-                  (Order 85-04), filed 7/8/85. Statutory Authority: RCW
                utory Authority: RCW 47.01.101 and 47.01.121.                            43.63A.060.
365-26-200      Required elements of comprehensive transit plan.            365-31-111   Functions and membership of the governor's council on
                [Order 75-5, § 365-26-200, filed 12/31/75, 4:25 p.m.]                    criminal justice and governor's juvenile justice advisory
                Repealed by 80-01-030 (Order 43), filed 12/17/79. Stat-                  committee. [Assumed and reaffirmed by the department
                utory Authority: RCW 47.01.101 and 47.01.121.                            of community development in WSR 84-14-064, filed
365-26-210      Capital improvements element. [Order 75-5, § 365-26-                     6/30/84. Statutory Authority: RCW 43.41.100. 80-05-
                210, filed 12/31/75, 4:25 p.m.] Repealed by 80-01-030                    023 (Order 48), § 365-31-111, filed 4/14/80.] Repealed
                (Order 43), filed 12/17/79. Statutory Authority: RCW                     by 85-15-009 (Order 85-04), filed 7/8/85. Statutory
                47.01.101 and 47.01.121.                                                 Authority: RCW 43.63A.060.
365-26-220      Level of service element. [Order 76-05, § 365-26-220,       365-31-120   Meetings of the governor's council and committee, sub-
                filed 11/17/76; Order 75-5, § 365-26-220, filed                          committees, advisory committees. [Assumed and reaf-
                12/31/75, 4:25 p.m.] Repealed by 80-01-030 (Order 43),                   firmed by the department of community development in
                filed 12/17/79. Statutory Authority: RCW 47.01.101                       WSR 84-14-064, filed 6/30/84. Statutory Authority:
                and 47.01.121.                                                           RCW 43.41.100. 80-05-023 (Order 48), § 365-31-120,

[Title 365 WAC—p. 4]                                                                                                                   (2009 Ed.)
                                                       Community Development                                                      Title 365

             filed 4/14/80; Order 76-01, § 365-31-120, filed 2/13/76;                023 (Order 48), filed 4/14/80. Statutory Authority:
             Order 75-01, § 365-31-120, filed 4/29/75.] Repealed by                  RCW 43.41.100.
             85-15-009 (Order 85-04), filed 7/8/85. Statutory           365-31-410   Regional plan evaluation process. [Order 76-01, § 365-
             Authority: RCW 43.63A.060.                                              31-410, filed 2/13/76.] Repealed by 80-05-023 (Order
365-31-130   Absences of members from meetings. [Assumed and                         48), filed 4/14/80. Statutory Authority: RCW 43.41.-
             reaffirmed by the department of community develop-                      100.
             ment in WSR 84-14-064, filed 6/30/84. Statutory            365-31-420   Evaluation criteria and rankings. [Order 76-01, § 365-
             Authority: RCW 43.41.100. 80-05-023 (Order 48), §                       31-420, filed 2/13/76.] Repealed by 80-05-023 (Order
             365-31-130, filed 4/14/80; Order 75-01, § 365-31-130,                   48), filed 4/14/80. Statutory Authority: RCW 43.41.-
             filed 4/29/75.] Repealed by 85-15-009 (Order 85-04),                    100.
             filed 7/8/85. Statutory Authority: RCW 43.63A.060.         365-31-430   Notice and scheduling of planning subcommittee con-
365-31-140   Quorum. [Assumed and reaffirmed by the department of                    sideration of regional plans—Appeals to planning sub-
             community development in WSR 84-14-064, filed                           committee of SPA decisions on plans. [Order 76-01, §
             6/30/84. Order 75-01, § 365-31-140, filed 4/29/75.]                     365-31-430, filed 2/13/76.] Repealed by 80-05-023
             Repealed by 85-15-009 (Order 85-04), filed 7/8/85.                      (Order 48), filed 4/14/80. Statutory Authority: RCW
             Statutory Authority: RCW 43.63A.060.                                    43.41.100.
365-31-150   Participation and discussion during governor's council     365-31-440   Eligible appellants of SPA action on plan—Permissible
             and committee meetings, rules of order, and forms of                    subjects of appeal. [Order 76-01, § 365-31-440, filed
             action. [Assumed and reaffirmed by the department of                    2/13/76.] Repealed by 80-05-023 (Order 48), filed
             community development in WSR 84-14-064, filed                           4/14/80. Statutory Authority: RCW 43.41.100.
             6/30/84. Statutory Authority: RCW 43.41.100. 80-05-        365-31-450   Planning subcommittee operation when considering
             023 (Order 48), § 365-31-150, filed 4/14/80; Order 76-                  plans. [Order 76-01, § 365-31-450, filed 2/13/76.]
             01, § 365-31-150, filed 2/13/76; Order 75-01, § 365-31-                 Repealed by 80-05-023 (Order 48), filed 4/14/80. Stat-
             150, filed 4/29/75.] Repealed by 85-15-009 (Order 85-                   utory Authority: RCW 43.41.100.
             04), filed 7/8/85. Statutory Authority: RCW 43.63A.-       365-31-460   Planning subcommittee action on regional plans. [Order
             060.                                                                    76-01, § 365-31-460, filed 2/13/76.] Repealed by 80-05-
365-31-160   Voting procedures. [Assumed and reaffirmed by the                       023 (Order 48), filed 4/14/80. Statutory Authority:
             department of community development in WSR 84-14-                       RCW 43.41.100.
             064, filed 6/30/84. Statutory Authority: RCW 43.41.-       365-31-470   Appeal of planning subcommittee decision regarding a
             100. 80-05-023 (Order 48), § 365-31-160, filed 4/14/80;                 regional plan. [Order 76-01, § 365-31-470, filed
             Order 76-01, § 365-31-160, filed 2/13/76; Order 75-01,                  2/13/76.] Repealed by 80-05-023 (Order 48), filed
             § 365-31-160, filed 4/29/75.] Repealed by 85-15-009                     4/14/80. Statutory Authority: RCW 43.41.100.
             (Order 85-04), filed 7/8/85. Statutory Authority: RCW                        Chapter 365-33
             43.63A.060.                                                 COMPREHENSIVE STATE PLANS FOR LAW ENFORCEMENT
365-31-170   Minutes. [Assumed and reaffirmed by the department of             AND THE ADMINISTRATION OF JUSTICE
             community development in WSR 84-14-064, filed
             6/30/84. Statutory Authority: RCW 43.41.100. 80-05-        365-33-730   Adoption of 1973 state plan. [Order 75-01, § 365-33-
             023 (Order 48), § 365-31-170, filed 4/14/80; Order 76-                  730, filed 4/29/75.] Repealed by 80-05-023 (Order 48),
             01, § 365-31-170, filed 2/13/76; Order 75-01, § 365-31-                 filed 4/14/80. Statutory Authority: RCW 43.41.100.
             170, filed 4/29/75.] Repealed by 85-15-009 (Order 85-      365-33-740   Adoption of 1974 plan. [Order 75-01, § 365-33-740,
             04), filed 7/8/85. Statutory Authority: RCW 43.63A.-                    filed 4/29/75.] Repealed by 80-05-023 (Order 48), filed
             060.                                                                    4/14/80. Statutory Authority: RCW 43.41.100.
365-31-180   Subcommittees, advisory committees, and task forces.       365-33-750   Adoption of 1975 plan. [Order 76-01, § 365-33-750,
             [Order 76-01, § 365-31-180, filed 2/13/76; Order 75-01,                 filed 2/13/76.] Repealed by 80-05-023 (Order 48), filed
             § 365-31-180, filed 4/29/75.] Repealed by 80-05-023                     4/14/80. Statutory Authority: RCW 43.41.100.
             (Order 48), filed 4/14/80. Statutory Authority: RCW        365-33-760   Adoption of 1976 plan. [Order 76-01, § 365-33-760,
             43.41.100.                                                              filed 2/13/76.] Repealed by 80-05-023 (Order 48), filed
                                                                                     4/14/80. Statutory Authority: RCW 43.41.100.
365-31-210   Duties of division of criminal justice. [Assumed and
             reaffirmed by the department of community develop-                             Chapter 365-35
             ment in WSR 84-14-064, filed 6/30/84. Statutory             FINANCIAL GUIDELINES REGARDING GRANTS OF LAW AND
             Authority: RCW 43.41.100. 80-05-023 (Order 48), §          JUSTICE FUNDS AND MATCHING CONTRIBUTIONS REQUIRED
             365-31-210, filed 4/14/80; Order 76-01, § 365-31-210,                        OF SUBGRANTEES
             filed 2/13/76; Order 75-01, § 365-31-210, filed
             4/29/75.] Repealed by 85-15-009 (Order 85-04), filed       365-35-010   Adoption of financial guidelines of the SPA. [Order 75-
             7/8/85. Statutory Authority: RCW 43.63A.060.                            01, § 365-35-010, filed 4/29/75.] Repealed by 80-05-
365-31-310   Administrative review of LJPO action grant applica-                     023 (Order 48), filed 4/14/80. Statutory Authority:
                                                                                     RCW 43.41.100.
             tions. [Order 76-01, § 365-31-310, filed 2/13/76.]
             Repealed by 80-05-023 (Order 48), filed 4/14/80. Stat-     365-35-900   Resolution of conflicts between LEAA regulations and
             utory Authority: RCW 43.41.100.                                         LJPO financial guidelines and other sections of this
                                                                                     chapter. [Order 75-01, § 365-35-900, filed 4/29/75.]
365-31-320   Program review of application. [Order 76-01, § 365-31-                  Repealed by 80-05-023 (Order 48), filed 4/14/80. Stat-
             320, filed 2/13/76.] Repealed by 80-05-023 (Order 48),                  utory Authority: RCW 43.41.100.
             filed 4/14/80. Statutory Authority: RCW 43.41.100.
365-31-330   Appeal procedures. [Assumed and reaffirmed by the                              Chapter 365-37
             department of community development in WSR 84-14-          SPECIAL POLICIES AND PROCEDURES OF THE GOVERNOR'S
             064, filed 6/30/84. Statutory Authority: RCW 43.41.-          COMMITTEE ON LAW AND JUSTICE AND THE STATE
             100. 80-05-023 (Order 48), § 365-31-330, filed 4/14/80;           PLANNING AGENCY FOR LAW AND JUSTICE
             Order 76-01, § 365-31-330, filed 2/13/76.] Repealed by     365-37-010   Administration of law and justice program in accor-
             85-15-009 (Order 85-04), filed 7/8/85. Statutory                        dance with applicable federal legislation and rules—
             Authority: RCW 43.63A.060.                                              Conformance with such federal legislation and regula-
365-31-340   LJPO hearing and review committee. [Order 76-01, §                      tions required of all subgrantees. [Order 75-01, § 365-
             365-31-340, filed 2/13/76.] Repealed by 80-05-023                       37-010, filed 4/29/75.] Repealed by 80-05-023 (Order
             (Order 48), filed 4/14/80. Statutory Authority: RCW                     48), filed 4/14/80. Statutory Authority: RCW 43.41.-
             43.41.100.                                                              100. Later promulgation, see chapter 365-31 WAC.
365-31-350   Notice and scheduling of appeals to LJPO hearing and       365-37-110   Requirement that applications be "conforming" to
             review committee. [Order 76-01, § 365-31-350, filed                     necessitate SPA action within 90 days of receipt. [Order
             2/13/76.] Repealed by 80-05-023 (Order 48), filed                       75-01, § 365-37-110, filed 4/29/75.] Repealed by 80-05-
             4/14/80. Statutory Authority: RCW 43.41.100.                            023 (Order 48), filed 4/14/80. Statutory Authority:
365-31-360   LJPO hearing and review committee operation. [Order                     RCW 43.41.100.
             76-01, § 365-31-360, filed 2/13/76.] Repealed by 80-05-    365-37-120   Criteria for determining whether or not an application is
             023 (Order 48), filed 4/14/80. Statutory Authority:                     "conforming." [Order 76-01, § 365-37-120, filed
             RCW 43.41.100.                                                          2/13/76; Order 75-01, § 365-37-120, filed 4/29/75.]
365-31-370   LJPO hearing and review committee action. [Order 76-                    Repealed by 80-05-023 (Order 48), filed 4/14/80. Stat-
             01, § 365-31-370, filed 2/13/76.] Repealed by 80-05-                    utory Authority: RCW 43.41.100.

(2009 Ed.)                                                                                                           [Title 365 WAC—p. 5]
Title 365                                      Title 365 WAC: Community Development

365-37-130      Conditional approval of application. [Order 75-01, §                     10/1/97, effective 11/1/97. Statutory Authority: Chapter
                365-37-130, filed 4/29/75.] Repealed by 80-05-023                        43.63A RCW. 89-21-056 (Order 89-04), § 365-40-020,
                (Order 48), filed 4/14/80. Statutory Authority: RCW                      filed 10/16/89, effective 11/16/89; 88-01-058 (Order
                43.41.100.                                                               87-20), § 365-40-020, filed 12/16/87; 86-18-026 (Order
365-37-210      Submission date for application for initial or continua-                 86-02), § 365-40-020, filed 8/27/86. Statutory Author-
                tion funding. [Order 75-01, § 365-37-210, filed                          ity: RCW 43.63A.060. 85-13-006 (Order 85-03), § 365-
                4/29/75.] Repealed by 80-05-023 (Order 48), filed                        40-020, filed 6/7/85. Statutory Authority: RCW 43.06.-
                4/14/80. Statutory Authority: RCW 43.41.100.                             110 and chapter 43.63A RCW. 78-11-059 (Order 78-
365-37-220      Date after which applications for reallocation funds will                04), § 365-40-020, filed 10/25/78.] Decodified by 06-
                be accepted. [Order 76-01, § 365-37-220, filed 2/13/76;                  15-075, filed 7/13/06, effective 7/13/06. Recodified as
                Order 75-01, § 365-37-220, filed 4/29/75.] Repealed by                   § 170-12-020.
                80-05-023 (Order 48), filed 4/14/80. Statutory Author-      365-40-030   Financial support application process. [Statutory
                ity: RCW 43.41.100.                                                      Authority: RCW 43.06.110 and chapter 43.63A RCW.
365-37-310      Authorization for the granting of project period exten-                  78- 11-05 9 (Orde r 78 -04), § 36 5-40 -030, fi le d
                sions for operating projects—Maximum period of                           10/25/78.] Repealed by 79-08-050 (Order 79-02), filed
                extension. [Order 75-01, § 365-37-310, filed 4/29/75.]                   7/20/79. Statutory Authority: RCW 43.06.110 and
                Repealed by 80-05-023 (Order 48), filed 4/14/80. Stat-                   chapter 43.63A RCW.
                utory Authority: RCW 43.41.100.                             365-40-031   Establishment of advisory council. [Statutory Authority:
365-37-320      Circumstances under which project period extensions                      RCW 43.06.110 and chapter 43.63A RCW. 79-08-050
                may be granted. [Order 75-01, § 365-37-320, filed                        (Order 79-02), § 365-40-031, filed 7/20/79.] Repealed
                4/29/75.] Repealed by 80-05-023 (Order 48), filed                        by 82-07-066 (Order 82-01), filed 3/22/82. Statutory
                4/14/80. Statutory Authority: RCW 43.41.100.                             Authority: RCW 43.06.110 and 43.63A.060.
365-37-330      Circumstances under which a grant contract project          365-40-040   Eligibility criteria. [Statutory Authority: RCW 43.06.-
                period will not be extended. [Order 75-01, § 365-37-                     110 and chapter 43.63A RCW. 78-11-059 (Order 78-
                330, filed 4/29/75.] Repealed by 80-05-023 (Order 48),                   04), § 365-04-040 (codified as WAC 365-40-040), filed
                filed 4/14/80. Statutory Authority: RCW 43.41.100.                       10/25/78.] Repealed by 79-08-050 (Order 79-02), filed
365-37-340      Procedure for requesting and granting a project period                   7/20/79. Statutory Authority: RCW 43.06.110 and
                extension. [Order 76-01, § 365-37-340, filed 2/13/76;                    chapter 43.63A RCW.
                Order 75-01, § 365-37-340, filed 4/29/75.] Repealed by      365-40-041   Financial support application process. [Statutory
                80-05-023 (Order 48), filed 4/14/80. Statutory Author-                   Authority: RCW 43.06.110 and 43.330.040 (2)(g). 97-
                ity: RCW 43.41.100.                                                      21-005, § 365-40-041, filed 10/1/97, effective 11/1/97.
365-37-410      Maximum project funding period—Exceptions. [Order                        Statutory Authority: Chapter 43.63A RCW. 89-21-056
                75-01, § 365-37-410, filed 4/29/75.] Repealed by 80-05-                  (Order 89-04), § 365-40-041, filed 10/16/89, effective
                023 (Order 48), filed 4/14/80. Statutory Authority:                      11/16/89; 86-18-026 (Order 86-02), § 365-40-041, filed
                RCW 43.41.100.                                                           8/27/86. Statutory Authority: RCW 43.63A.060. 85-13-
365-37-510      Governor's committee as appellate forum. [Order 76-03,                   006 (Order 85-03), § 365-40-041, filed 6/7/85. Statutory
                § 365-37-510, filed 3/26/76; Order 76-01, § 365-37-510,                  Authority: RCW 43.06.110 and chapter 43.63A RCW.
                filed 2/13/76.] Repealed by 80-05-023 (Order 48), filed                  79-08-050 (Order 79-02), § 365-40-041, filed 7/20/79.]
                4/14/80. Statutory Authority: RCW 43.41.100.                             Decodified by 06-15-075, filed 7/13/06, effective
365-37-520      Eligible appellants—Decisions that may be appealed.                      7/13/06. Recodified as § 170-12-041.
                [Order 76-03, § 365-37-520, filed 3/26/76; Order 76-01,     365-40-050   Allowed and forbidden uses of state head start funds.
                § 365-37-520, filed 2/13/76.] Repealed by 80-05-023                      [Statutory Authority: RCW 43.06.110 and chapter
                (Order 48), filed 4/14/80. Statutory Authority: RCW                      43.63A RCW. 78-11-059 (Order 78-04), § 365-40-050,
                43.41.100.                                                               filed 10/25/78.] Repealed by 79-08-050 (Order 79-02),
365-37-530      Notice and scheduling of appeals to governor's commit-                   filed 7/20/79. Statutory Authority: RCW 43.06.110 and
                tee. [Order 76-03, § 365-37-530, filed 3/26/76; Order                    chapter 43.63A RCW.
                76-01, § 365-37-530, filed 2/13/76.] Repealed by 80-05-     365-40-051   Eligibility criteria. [Statutory Authority: RCW 43.06.-
                023 (Order 48), filed 4/14/80. Statutory Authority:                      110 and 43.330.040 (2)(g). 97-21-005, § 365-40-051,
                RCW 43.41.100.                                                           filed 10/1/97, effective 11/1/97. Statutory Authority:
365-37-540      Submission of material to governor's committee for con-                  Chapter 43.63A RCW. 89-21-056 (Order 89-04), § 365-
                sideration in an appeal. [Order 76-01, § 365-37-540,                     40-051, filed 10/16/89, effective 11/16/89; 88-01-058
                filed 2/13/76.] Repealed by 80-05-023 (Order 48), filed                  (Order 87-20), § 365-40-051, filed 12/16/87; 86-18-026
                4/14/80. Statutory Authority: RCW 43.41.100.                             (Order 86-02), § 365-40-051, filed 8/27/86. Statutory
365-37-550      Appeal consideration procedures. [Order 76-03, § 365-                    Authority: RCW 43.63A.060. 85-13-006 (Order 85-
                37-550, filed 3/26/76; Order 76-01, § 365-37-550, filed                  03), § 365-40-051, filed 6/7/85. Statutory Authority:
                2/13/76.] Repealed by 80-05-023 (Order 48), filed                        RCW 43.06.110 and 43.63A.060. 82-07-066 (Order 82-
                4/14/80. Statutory Authority: RCW 43.41.100.                             01), § 365-40-051, filed 3/22/82. Statutory Authority:
365-37-560      Governor's committee action on appeals. [Order 76-03,                    RCW 43.06.110 and chapter 43.63A RCW. 79-08-050
                § 365-37-560, filed 3/26/76; Order 76-01, § 365-37-560,                  (Order 79-02), § 365-40-051, filed 7/20/79.] Decodified
                filed 2/13/76.] Repealed by 80-05-023 (Order 48), filed                  by 06-15-075, filed 7/13/06, effective 7/13/06. Recodi-
                4/14/80. Statutory Authority: RCW 43.41.100.                             fied as § 170-12-051.
365-37-570      Notice of governor's committee decision and right to        365-40-060   Method of payment. [Statutory Authority: RCW 43.06.-
                appeal to governor. [Order 76-03, § 365-37-570, filed                    110 and chapter 43.63A RCW. 78-11-059 (Order 78-
                3/26/76.] Repealed by 80-05-023 (Order 48), filed                        04), § 365-40-060, filed 10/25/78.] Repealed by 79-08-
                4/14/80. Statutory Authority: RCW 43.41.100.                             050 (Order 79-02), filed 7/20/79. Statutory Authority:
365-37-580      Procedure applicable to petition to governor for recon-                  RCW 43.06.110 and chapter 43.63A RCW.
                sideration of governor's committee decision—Action by       365-40-061   Allowable and unallowable costs. [Statutory Authority:
                governor on petition. [Order 76-03, § 365-37-580, filed                  RCW 43.63A.060. 85-13-006 (Order 85-03), § 365-40-
                3/26/76.] Repealed by 80-05-023 (Order 48), filed                        061, filed 6/7/85. Statutory Authority: RCW 43.06.110
                4/14/80. Statutory Authority: RCW 43.41.100.                             and 43.63A.060. 82-07-066 (Order 82-01), § 365-40-
                    Chapter 365-40                                                       061, filed 3/22/82. Statutory Authority: RCW 43.06.-
                                                                                         110 and chapter 43.63A RCW. 79-08-050 (Order 79-
    STATE FUNDING OF LOCAL HEAD START PROGRAMS                                           02), § 365-40-061, filed 7/20/79.] Repealed by 89-21-
365-40-010      Purpose and authority. [Statutory Authority: RCW                         056 (Order 89-04), filed 10/16/89, effective 11/16/89.
                43.06.110 and 43.330.040 (2)(g). 97-21-005, § 365-40-                    Statutory Authority: Chapter 43.63A RCW.
                010, filed 10/1/97, effective 11/1/97. Statutory Author-    365-40-071   Method of payment and reporting requirements. [Statu-
                ity: RCW 43.63A.060. 85-13-006 (Order 85-03), § 365-                     tory Authority: RCW 43.06.110 and 43.330.040 (2)(g).
                40-010, filed 6/7/85. Statutory Authority: RCW 43.06.-                   97-21-005, § 365-40-071, filed 10/1/97, effective
                110 and chapter 43.63A RCW. 78-11-059 (Order 78-                         11/1/97. Statutory Authority: Chapter 43.63A RCW.
                04), § 365-40-010, filed 10/25/78.] Decodified by 06-                    89-21-056 (Order 89-04), § 365-40-071, filed 10/16/89,
                15-075, filed 7/13/06, effective 7/13/06. Recodified as                  effective 11/16/89; 88-01-058 (Order 87-20), § 365-40-
                § 170-12-010.                                                            071, filed 12/16/87; 86-18-026 (Order 86-02), § 365-40-
365-40-020      Definitions. [Statutory Authority: RCW 43.06.110 and                     071, filed 8/27/86. Statutory Authority: RCW 43.63A.-
                43.330.040 (2)(g). 97-21-005, § 365-40-020, filed                        060. 85-13-006 (Order 85-03), § 365-40-071, filed

[Title 365 WAC—p. 6]                                                                                                                  (2009 Ed.)
                                                       Community Development                                                      Title 365

             6/7/85. Statutory Authority: RCW 43.06.110 and                          (Order 61), filed 5/5/81. Statutory Authority: RCW
             43.63A.060. 82-07-066 (Order 82-01), § 365-40-071,                      47.01.101(5). Later promulgation, see WAC 468-87-
             filed 3/22/82. Statutory Authority: RCW 43.06.110 and                   100.
             chapter 43.63A RCW. 79-08-050 (Order 79-02), § 365-        365-42-110   Qualification criteria. [Order 77-02, § 365-42-110, filed
             40-071, filed 7/20/79.] Decodified by 06-15-075, filed                  8/19/77, effective 9/19/77.] Repealed by 81-10-058
             7/13/06, effective 7/13/06. Recodified as § 170-12-071.                 (Order 61), filed 5/5/81. Statutory Authority: RCW
                                                                                     47.01.101(5). Later promulgation, see WAC 468-87-
                   Chapter 365-41                                                    110.
    REGULATIONS REGARDING ADVANCED FINANCIAL
    SUPPORT PAYMENTS FOR THE CONDUCT OF PUBLIC                          365-42-200   Application procedures. [Order 77-02, § 365-42-200,
        TRANSPORTATION FEASIBILITY STUDIES                                           filed 8/19/77, effective 9/19/77.] Repealed by 81-10-
                                                                                     058 (Order 61), filed 5/5/81. Statutory Authority: RCW
365-41-010   General purpose and applicability. [Order 77-04, § 365-                 47.01.101(5). Later promulgation, see WAC 468-87-
             41-010, filed 8/10/77.] Repealed by 79-12-035 (Order                    200.
             40), filed 11/20/79. Statutory Authority: RCW 47.01.-      365-42-210   Evaluation of applications. [Order 77-02, § 365-42-210,
             121.                                                                    filed 8/19/77, effective 9/19/77.] Repealed by 81-10-
365-41-015   Definitions. [Order 77-04, § 365-41-015, filed 8/10/77.]                058 (Order 61), filed 5/5/81. Statutory Authority: RCW
             Repealed by 79-12-035 (Order 40), filed 11/20/79. Stat-                 47.01.101(5). Later promulgation, see WAC 468-87-
             utory Authority: RCW 47.01.121.                                         210.
365-41-110   Application for advanced financial support payment.        365-42-220   Coordination. [Order 77-02, § 365-42-220, filed
             [Order 77-04, § 365-41-110, filed 8/10/77.] Repealed by                 8/19/77, effective 9/19/77.] Repealed by 81-10-058
             79-12-035 (Order 40), filed 11/20/79. Statutory Author-                 (Order 61), filed 5/5/81. Statutory Authority: RCW
             ity: RCW 47.01.121.                                                     47.01.101(5). Later promulgation, see WAC 468-87-
365-41-120   Agency response to application. [Order 77-04, § 365-                    220.
             41-120, filed 8/10/77.] Repealed by 79-12-035 (Order       365-42-230   Selection. [Order 77-02, § 365-42-230, filed 8/19/77,
             40), filed 11/20/79. Statutory Authority: RCW 47.01.-                   effective 9/19/77.] Repealed by 81-10-058 (Order 61),
             121.                                                                    filed 5/5/81. Statutory Authority: RCW 47.01.101(5).
365-41-130   Conditions of advanced financial support payments.                      Later promulgation, see WAC 468-87-230.
             [Order 77-04, § 365-41-130, filed 8/10/77.] Repealed by    365-42-240   State application. [Order 77-02, § 365-42-240, filed
             79-12-035 (Order 40), filed 11/20/79. Statutory Author-                 8/19/77, effective 9/19/77.] Repealed by 81-10-058
             ity: RCW 47.01.121.                                                     (Order 61), filed 5/5/81. Statutory Authority: RCW
365-41-200   Required elements of feasibility study. [Order 77-04, §                 47.01.101(5). Later promulgation, see WAC 468-87-
             365-41-200, filed 8/10/77.] Repealed by 79-12-035                       240.
             (Order 40), filed 11/20/79. Statutory Authority: RCW       365-42-300   Contract. [Order 77-02, § 365-42-300, filed 8/19/77,
             47.01.121.                                                              effective 9/19/77.] Repealed by 81-10-058 (Order 61),
365-41-210   Geographical extent. [Order 77-04, § 365-41-210, filed                  filed 5/5/81. Statutory Authority: RCW 47.01.101(5).
             8/10/77.] Repealed by 79-12-035 (Order 40), filed                       Later promulgation, see WAC 468-87-300.
             11/20/79. Statutory Authority: RCW 47.01.121.
                                                                        365-42-310   Surplus funds. [Order 77-02, § 365-42-310, filed
365-41-220   Identification of related transportation operations.                    8/19/77, effective 9/19/77.] Repealed by 81-10-058
             [Order 77-04, § 365-41-220, filed 8/10/77.] Repealed by                 (Order 61), filed 5/5/81. Statutory Authority: RCW
             79-12-035 (Order 40), filed 11/20/79. Statutory Author-                 47.01.101(5). Later promulgation, see WAC 468-87-
             ity: RCW 47.01.121.                                                     310.
365-41-230   Estimation of need. [Order 77-04, § 365-41-230, filed
             8/10/77.] Repealed by 79-12-035 (Order 40), filed          365-42-320   Equipment purchasing. [Order 77-02, § 365-42-320,
             11/20/79. Statutory Authority: RCW 47.01.121.                           filed 8/19/77, effective 9/19/77.] Repealed by 81-10-
365-41-240   Alternative management schemes. [Order 77-04, § 365-                    058 (Order 61), filed 5/5/81. Statutory Authority: RCW
             41-240, filed 8/10/77.] Repealed by 79-12-035 (Order                    47.01.101(5). Later promulgation, see WAC 468-87-
             40), filed 11/20/79. Statutory Authority: RCW 47.01.-                   320.
             121.                                                       365-42-330   UMTA interest. [Order 77-02, § 365-42-330, filed
365-41-250   Alternative funding sources. [Order 77-04, § 365-41-                    8/19/77, effective 9/19/77.] Repealed by 81-10-058
             250, filed 8/10/77.] Repealed by 79-12-035 (Order 40),                  (Order 61), filed 5/5/81. Statutory Authority: RCW
             filed 11/20/79. Statutory Authority: RCW 47.01.121.                     47.01.101(5). Later promulgation, see WAC 468-87-
365-41-300   Submission of feasibility study to agency. [Order 77-04,                330.
             § 365-41-300, filed 8/10/77.] Repealed by 79-12-035        365-42-340   Equipment acceptance. [Order 77-02, § 365-42-340,
             (Order 40), filed 11/20/79. Statutory Authority: RCW                    filed 8/19/77, effective 9/19/77.] Repealed by 81-10-
             47.01.121.                                                              058 (Order 61), filed 5/5/81. Statutory Authority: RCW
365-41-310   Submission of municipal resolution to agency. [Order                    47.01.101(5). Later promulgation, see WAC 468-87-
             77-04, § 365-41-310, filed 8/10/77.] Repealed by 79-12-                 340.
             035 (Order 40), filed 11/20/79. Statutory Authority:       365-42-350   Vehicle registration and licensing. [Order 77-02, § 365-
             RCW 47.01.121.                                                          42-350, filed 8/19/77, effective 9/19/77.] Repealed by
365-41-320   Submission of municipal ordinance levying and collect-                  81-10-058 (Order 61), filed 5/5/81. Statutory Authority:
             ing taxes to agency. [Order 77-04, § 365-41-320, filed                  RCW 47.01.101(5). Later promulgation, see WAC 468-
             8/10/77.] Repealed by 79-12-035 (Order 40), filed                       87-350.
             11/20/79. Statutory Authority: RCW 47.01.121.              365-42-360   Equipment use. [Order 77-02, § 365-42-360, filed
                                                                                     8/19/77, effective 9/19/77.] Repealed by 81-10-058
                    Chapter 365-42                                                   (Order 61), filed 5/5/81. Statutory Authority: RCW
   REGULATIONS REGARDING FINANCIAL SUPPORT TO                                        47.01.101(5). Later promulgation, see WAC 468-87-
   PRIVATE, NONPROFIT CORPORATIONS FOR CAPITAL                                       360.
  ASSISTANCE IN PROVIDING TRANSPORTATION FOR THE                        365-42-370   Maintenance. [Order 77-02, § 365-42-370, filed
             ELDERLY AND HANDICAPPED                                                 8/19/77, effective 9/19/77.] Repealed by 81-10-058
365-42-010   Definitions. [Order 77-02, § 365-42-010, filed 8/19/77,                 (Order 61), filed 5/5/81. Statutory Authority: RCW
             effective 9/19/77.] Repealed by 81-10-058 (Order 61),                   47.01.101(5). Later promulgation, see WAC 468-87-
             filed 5/5/81. Statutory Authority: RCW 47.01.101(5).                    370.
             Later promulgation, see WAC 468-87-010.                    365-42-380   Inspections. [Order 77-02, § 365-42-380, filed 8/19/77,
365-42-020   Program description. [Order 77-02, § 365-42-020, filed                  effective 9/19/77.] Repealed by 81-10-058 (Order 61),
             8/19/77, effective 9/19/77.] Repealed by 81-10-058                      filed 5/5/81. Statutory Authority: RCW 47.01.101(5).
             (Order 61), filed 5/5/81. Statutory Authority: RCW                      Later promulgation, see WAC 468-87-380.
             47.01.101(5). Later promulgation, see WAC 468-87-          365-42-390   Reports. [Order 77-02, § 365-42-390, filed 8/19/77,
             020.                                                                    effective 9/19/77.] Repealed by 81-10-058 (Order 61),
365-42-030   Purpose. [Order 77-02, § 365-42-030, filed 8/19/77,                     filed 5/5/81. Statutory Authority: RCW 47.01.101(5).
             effective 9/19/77.] Repealed by 81-10-058 (Order 61),                   Later promulgation, see WAC 468-87-390.
             filed 5/5/81. Statutory Authority: RCW 47.01.101(5).       365-42-410   Insurance. [Order 77-02, § 365-42-410, filed 8/19/77,
             Later promulgation, see WAC 468-87-030.                                 effective 9/19/77.] Repealed by 81-10-058 (Order 61),
365-42-100   Program period. [Order 77-02, § 365-42-100, filed                       filed 5/5/81. Statutory Authority: RCW 47.01.101(5).
             8/19/77, effective 9/19/77.] Repealed by 81-10-058                      Later promulgation, see WAC 468-87-410.

(2009 Ed.)                                                                                                           [Title 365 WAC—p. 7]
Title 365                                      Title 365 WAC: Community Development

365-42-420      Indemnity. [Order 77-02, § 365-42-420, filed 8/19/77,       365-50-070   Inspection—Individual's right to review record. [Statu-
                effective 9/19/77.] Repealed by 81-10-058 (Order 61),                    tory Authority: RCW 10.97.080. 78-03-065 (Order 78-
                filed 5/5/81. Statutory Authority: RCW 47.01.101(5).                     01), § 365-50-070, filed 2/22/78.] Repealed by 80-08-
                Later promulgation, see WAC 468-87-420.                                  056 (Order 80-3), filed 7/1/80. Statutory Authority:
365-42-430      Risk of loss or damage. [Order 77-02, § 365-42-430,                      RCW 10.97.080 and 10.97.090.
                filed 8/19/77, effective 9/19/77.] Repealed by 81-10-       365-50-080   Inspection—Forms to be made available. [Statutory
                058 (Order 61), filed 5/5/81. Statutory Authority: RCW                   Authority: RCW 10.97.080. 78-03-065 (Order 78-01),
                47.01.101(5). Later promulgation, see WAC 468-87-                        § 365-50-080, filed 2/22/78.] Repealed by 80-08-056
                430.                                                                     (Order 80-3), filed 7/1/80. Statutory Authority: RCW
365-42-440      Disposal of equipment. [Order 77-02, § 365-42-440,                       10.97.080 and 10.97.090.
                filed 8/19/77, effective 9/19/77.] Repealed by 81-10-       365-50-090   Inspection—Identification of requester. [Statutory
                058 (Order 61), filed 5/5/81. Statutory Authority: RCW                   Authority: RCW 10.97.080. 78-03-065 (Order 78-01),
                47.01.101(5). Later promulgation, see WAC 468-87-                        § 365-50-090, filed 2/22/78.] Repealed by 80-08-056
                440.                                                                     (Order 80-3), filed 7/1/80. Statutory Authority: RCW
365-42-510      Accounting records. [Order 77-02, § 365-42-510, filed                    10.97.080 and 10.97.090.
                8/19/77, effective 9/19/77.] Repealed by 81-10-058          365-50-100   Inspection—Timeliness and manner of agency
                (Order 61), filed 5/5/81. Statutory Authority: RCW                       response. [Statutory Authority: RCW 10.97.080. 78-03-
                47.01.101(5). Later promulgation, see WAC 468-87-                        065 (Order 78-01), § 365-50-100, filed 2/22/78.]
                510.                                                                     Repealed by 80-08-056 (Order 80-3), filed 7/1/80. Stat-
365-42-610      Safety. [Order 77-02, § 365-42-610, filed 8/19/77,                       utory Authority: RCW 10.97.080 and 10.97.090.
                effective 9/19/77.] Repealed by 81-10-058 (Order 61),       365-50-110   Inspection—Time allowed for review. [Statutory
                filed 5/5/81. Statutory Authority: RCW 47.01.101(5).                     Authority: RCW 10.97.080. 78-03-065 (Order 78-01),
                Later promulgation, see WAC 468-87-610.                                  § 365-50-110, filed 2/22/78.] Repealed by 80-08-056
365-42-710      Termination. [Order 77-02, § 365-42-710, filed 8/19/77,                  (Order 80-3), filed 7/1/80. Statutory Authority: RCW
                effective 9/19/77.] Repealed by 81-10-058 (Order 61),                    10.97.080 and 10.97.090.
                filed 5/5/81. Statutory Authority: RCW 47.01.101(5).        365-50-120   Inspection—Retention or reproduction of records. [Stat-
                Later promulgation, see WAC 468-87-710.                                  utory Authority: RCW 10.97.080. 78-03-065 (Order
                  Chapter 365-43                                                         78-01), § 365-50-120, filed 2/22/78.] Repealed by 80-
REGULATIONS REGARDING PASS-THROUGH OF U.S. URBAN                                         08-056 (Order 80-3), filed 7/1/80. Statutory Authority:
 MASS TRANSPORTATION ADMINISTRATION FUNDS FOR                                            RCW 10.97.080 and 10.97.090.
    PUBLIC TRANSPORTATION TECHNICAL STUDIES                                 365-50-130   Inspection—Prevention of unauthorized retention or
                                                                                         reproduction. [Statutory Authority: RCW 10.97.080.
365-43-010      General purpose and applicability. [Order 77-03, § 365-                  78-03-065 (Order 78-01), § 365-50-130, filed 2/22/78.]
                43-010, filed 8/19/77, effective 9/19/77.] Repealed by                   Repealed by 80-08-056 (Order 80-3), filed 7/1/80. Stat-
                80-01-031 (Order 45), filed 12/17/79. Statutory Author-                  utory Authority: RCW 10.97.080 and 10.97.090.
                ity: RCW 47.01.101 and 47.01.121.                           365-50-140   Inspection—Designation of person to assist in review.
365-43-015      Definitions. [Order 77-03, § 365-43-015, filed 8/19/77,                  [Statutory Authority: RCW 10.97.080. 78-03-065
                effective 9/19/77.] Repealed by 80-01-031 (Order 45),                    (Order 78-01), § 365-50-140, filed 2/22/78.] Repealed
                filed 12/17/79. Statutory Authority: RCW 47.01.101                       by 80-08-056 (Order 80-3), filed 7/1/80. Statutory
                and 47.01.121.                                                           Authority: RCW 10.97.080 and 10.97.090.
365-43-110      Application for technical study grant. [Order 77-03, §
                                                                            365-50-150   Inspection—Statement of procedures to be available.
                365-43-110, filed 8/19/77, effective 9/19/77.] Repealed
                by 80-01-031 (Order 45), filed 12/17/79. Statutory                       [Statutory Authority: RCW 10.97.080. 78-03-065
                Authority: RCW 47.01.101 and 47.01.121.                                  (Order 78-01), § 365-50-150, filed 2/22/78.] Repealed
                                                                                         by 80-08-056 (Order 80-3), filed 7/1/80. Statutory
365-43-120      Agency response to application. [Order 77-03, § 365-                     Authority: RCW 10.97.080 and 10.97.090.
                43-120, filed 8/19/77, effective 9/19/77.] Repealed by
                80-01-031 (Order 45), filed 12/17/79. Statutory Author-     365-50-160   Inspection—Procedure for correctional or detention
                ity: RCW 47.01.101 and 47.01.121.                                        agencies. [Statutory Authority: RCW 10.97.080. 78-03-
365-43-200      Application prioritization criteria. [Order 77-03, § 365-                065 (Order 78-01), § 365-50-160, filed 2/22/78.]
                43-200, filed 8/19/77, effective 9/19/77.] Repealed by                   Repealed by 80-08-056 (Order 80-3), filed 7/1/80. Stat-
                80-01-031 (Order 45), filed 12/17/79. Statutory Author-                  utory Authority: RCW 10.97.080 and 10.97.090.
                ity: RCW 47.01.101 and 47.01.121.                           365-50-170   Deletion—Individual's right to have certain information
                                                                                         deleted. [Statutory Authority: RCW 10.97.080. 78-03-
                          Chapter 365-50                                                 065 (Order 78-01), § 365-50-170, filed 2/22/78.]
                       CRIMINAL RECORDS                                                  Repealed by 80-08-056 (Order 80-3), filed 7/1/80. Stat-
                                                                                         utory Authority: RCW 10.97.080 and 10.97.090.
365-50-010      General applicability. [Statutory Authority: RCW
                10.97.080. 78-03-065 (Order 78-01), § 365-50-010,           365-50-180   Deletion—Agency option to refuse to delete. [Statutory
                filed 2/22/78.] Repealed by 80-08-056 (Order 80-3),                      Authority: RCW 10.97.080. 78-03-065 (Order 78-01),
                filed 7/1/80. Statutory Authority: RCW 10.97.080 and                     § 365-50-180, filed 2/22/78.] Repealed by 80-08-056
                10.97.090.                                                               (Order 80-3), filed 7/1/80. Statutory Authority: RCW
365-50-020      Definitions. [Statutory Authority: RCW 10.97.080. 78-                    10.97.080 and 10.97.090.
                03-065 (Order 78-01), § 365-50-020, filed 2/22/78.]         365-50-190   Deletion—Policies to be adopted. [Statutory Authority:
                Repealed by 80-08-056 (Order 80-3), filed 7/1/80. Stat-                  RCW 10.97.080. 78-03-065 (Order 78-01), § 365-50-
                utory Authority: RCW 10.97.080 and 10.97.090.                            190, filed 2/22/78.] Repealed by 80-08-056 (Order 80-
365-50-030      Separation of information. [Statutory Authority: RCW                     3), filed 7/1/80. Statutory Authority: RCW 10.97.080
                10.97.080. 78-03-065 (Order 78-01), § 365-50-030,                        and 10.97.090.
                filed 2/22/78.] Repealed by 80-08-056 (Order 80-3),         365-50-200   Deletion—Inquiries required. [Statutory Authority:
                filed 7/1/80. Statutory Authority: RCW 10.97.080 and                     RCW 10.97.080. 78-03-065 (Order 78-01), § 365-50-
                10.97.090.                                                               200, filed 2/22/78.] Repealed by 80-08-056 (Order 80-
365-50-040      Deferred prosecutions. [Statutory Authority: RCW                         3), filed 7/1/80. Statutory Authority: RCW 10.97.080
                10.97.080. 78-03-065 (Order 78-01), § 365-50-040,                        and 10.97.090.
                filed 2/22/78.] Repealed by 80-08-056 (Order 80-3),         365-50-210   Challenge—Individual's right to challenge. [Statutory
                filed 7/1/80. Statutory Authority: RCW 10.97.080 and                     Authority: RCW 10.97.080. 78-03-065 (Order 78-01),
                10.97.090.                                                               § 365-50-210, filed 2/22/78.] Repealed by 80-08-056
365-50-050      Convictions under appeal or review. [Statutory Author-                   (Order 80-3), filed 7/1/80. Statutory Authority: RCW
                ity: RCW 10.97.080. 78-03-065 (Order 78-01), § 365-                      10.97.080 and 10.97.090.
                50-050, filed 2/22/78.] Repealed by 80-08-056 (Order        365-50-220   Challenge—Forms to be made available. [Statutory
                80-3), filed 7/1/80. Statutory Authority: RCW                            Authority: RCW 10.97.080. 78-03-065 (Order 78-01),
                10.97.080 and 10.97.090.                                                 § 365-50-220, filed 2/22/78.] Repealed by 80-08-056
365-50-060      Certification of criminal justice agencies. [Statutory                   (Order 80-3), filed 7/1/80. Statutory Authority: RCW
                Authority: RCW 10.97.080. 78-03-065 (Order 78-01),                       10.97.080 and 10.97.090.
                § 365-50-060, filed 2/22/78.] Repealed by 80-08-056         365-50-230   Challenge—Forwarding of challenge to appropriate
                (Order 80-3), filed 7/1/80. Statutory Authority: RCW                     agency. [Statutory Authority: RCW 10.97.080. 78-03-
                10.97.080 and 10.97.090.                                                 065 (Order 78-01), § 365-50-230, filed 2/22/78.]

[Title 365 WAC—p. 8]                                                                                                                 (2009 Ed.)
                                                       Community Development                                                     Title 365

             Repealed by 80-08-056 (Order 80-3), filed 7/1/80. Stat-    365-50-400   Establishment of procedures. [Statutory Authority:
             utory Authority: RCW 10.97.080 and 10.97.090.                           RCW 10.97.080. 78-10-038 (Order 40), § 365-50-400,
365-50-240   Challenge—Agency to make determination. [Statutory                      filed 9/18/78.] Repealed by 80-08-056 (Order 80-3),
             Authority: RCW 10.97.080. 78-03-065 (Order 78-01),                      filed 7/1/80. Statutory Authority: RCW 10.97.080 and
             § 365-50-240, filed 2/22/78.] Repealed by 80-08-056                     10.97.090.
             (Order 80-3), filed 7/1/80. Statutory Authority: RCW       365-50-500   Form of request to inspect record. [Statutory Authority:
             10.97.080 and 10.97.090.                                                RCW 10.97.080. 78-03-065 (Order 78-01), § 365-50-
365-50-250   Correction of erroneous information. [Statutory Author-                 500, filed 2/22/78.] Repealed by 80-08-056 (Order 80-
             ity: RCW 10.97.080. 78-03-065 (Order 78-01), § 365-                     3), filed 7/1/80. Statutory Authority: RCW 10.97.080
             50-250, filed 2/22/78.] Repealed by 80-08-056 (Order                    and 10.97.090.
             80-3), filed 7/1/80. Statutory Authority: RCW 10.97.-      365-50-510   Form of request to modify record. [Statutory Authority:
             080 and 10.97.090.                                                      RCW 10.97.090. 78-04-031 (Order 78-03), § 365-50-
365-50-260   Review of refusal to alter record. [Statutory Authority:                510, filed 3/15/78.] Repealed by 80-08-056 (Order 80-
             RCW 10.97.080. 78-03-065 (Order 78-01), § 365-50-                       3), filed 7/1/80. Statutory Authority: RCW 10.97.080
             260, filed 2/22/78.] Repealed by 80-08-056 (Order 80-                   and 10.97.090.
             3), filed 7/1/80. Statutory Authority: RCW 10.97.080
                                                                        365-50-520   Form of request to review refusal to modify record.
             and 10.97.090.
                                                                                     [Statutory Authority: RCW 10.97.080. 78-03-065
365-50-270   Dissemination—Dispositions to be included. [Statutory                   (Order 78-01), § 365-50-520, filed 2/22/78.] Repealed
             Authority: RCW 10.97.080. 78-03-065 (Order 78-01),                      by 80-08-056 (Order 80-3), filed 7/1/80. Statutory
             § 365-50-270, filed 2/22/78.] Repealed by 80-08-056                     Authority: RCW 10.97.080 and 10.97.090.
             (Order 80-3), filed 7/1/80. Statutory Authority: RCW
             10.97.080 and 10.97.090.                                   365-50-530   Appendix III to state of Washington plan for security
365-50-280   Dissemination—Inquiry of prosecutor required. [Statu-                   and privacy of criminal offender records. [Statutory
             tory Authority: RCW 10.97.080. 78-03-065 (Order 78-                     Authority: RCW 10.97.080. 78-03-065 (Order 78-01),
             01), § 365-50-280, filed 2/22/78.] Repealed by 80-08-                   § 365-50-530, filed 2/22/78.] Repealed by 80-08-056
             056 (Order 80-3), filed 7/1/80. Statutory Authority:                    (Order 80-3), filed 7/1/80. Statutory Authority: RCW
             RCW 10.97.080 and 10.97.090.                                            10.97.080 and 10.97.090.
365-50-290   Dissemination—To implement a statute or other grant        365-50-540   Certification request form for criminal justice agencies
             of authority. [Statutory Authority: RCW 10.97.080. 78-                  seeking access to criminal offender record information.
             03-065 (Order 78-01), § 365-50-290, filed 2/22/78.]                     [Statutory Authority: RCW 10.97.080. 78-03-065
             Repealed by 80-08-056 (Order 80-3), filed 7/1/80. Stat-                 (Order 78-01), § 365-50-540, filed 2/22/78.] Repealed
             utory Authority: RCW 10.97.080 and 10.97.090.                           by 80-08-056 (Order 80-3), filed 7/1/80. Statutory
365-50-300   Dissemination pursuant to contract for services. [Statu-                Authority: RCW 10.97.080 and 10.97.090.
             tory Authority: RCW 10.97.080. 78-10-038 (Order 40),       365-50-550   Certification request form for noncriminal justice agen-
             § 365-50-300, filed 9/18/78; 78-03-065 (Order 78-01), §                 cies seeking access to criminal offender record informa-
             365-50-300, filed 2/22/78.] Repealed by 80-08-056                       tion. [Statutory Authority: RCW 10.97.080. 78-03-065
             (Order 80-3), filed 7/1/80. Statutory Authority: RCW                    (Order 78-01), § 365-50-550, filed 2/22/78.] Repealed
             10.97.080 and 10.97.090.                                                by 80-08-056 (Order 80-3), filed 7/1/80. Statutory
365-50-310   Dissemination—Research purposes. [Statutory Author-                     Authority: RCW 10.97.080 and 10.97.090.
             ity: RCW 10.97.080. 78-03-065 (Order 78-01), § 365-        365-50-560   Contract for support services model agreement under
             50-310, filed 2/22/78.] Repealed by 80-08-056 (Order                    WAC 365-50-300. [Statutory Authority: RCW 10.97.-
             80-3), filed 7/1/80. Statutory Authority: RCW 10.97.-                   080. 78-10-038 (Order 40), § 365-50-560, filed
             080 and 10.97.090.                                                      9/18/78.] Repealed by 80-08-056 (Order 80-3), filed
365-50-320   Dissemination—Record of disseminations to be main-                      7/1/80. Statutory Authority: RCW 10.97.080 and
             tained. [Statutory Authority: RCW 10.97.080. 78-03-                     10.97.090.
             065 (Order 78-01), § 365-50-320, filed 2/22/78.]
             Repealed by 80-08-056 (Order 80-3), filed 7/1/80. Stat-                      Chapter 365-55
             utory Authority: RCW 10.97.080 and 10.97.090.                 WASHINGTON STATE WEATHERIZATION ASSISTANCE
365-50-330   Dissemination—Fees. [Statutory Authority:         RCW              PROGRAM FOR LOW-INCOME PERSONS
             10.97.080. 78-03-065 (Order 78-01), § 365-50-330,
             filed 2/22/78.] Repealed by 80-08-056 (Order 80-3),        365-55-010   Definitions. [Statutory Authority: RCW 43.63A.060.
             filed 7/1/80. Statutory Authority: RCW 10.97.080 and                    78-04-013 (Order 78-02), § 365-55-010, filed 3/9/78.]
             10.97.090.                                                              Repealed by 83-06-066 (Order 83-02), filed 3/2/83.
365-50-340   Protection from accidental loss or injury. [Statutory                   Statutory Authority: RCW 43.63A.060.
             Authority: RCW 10.97.080. 78-10-038 (Order 40), §          365-55-020   Program description. [Statutory Authority:     RCW
             365-50-340, filed 9/18/78.] Repealed by 80-08-056                       43.63A.060. 78-04-013 (Order 78-02), § 365-55-020,
             (Order 80-3), filed 7/1/80. Statutory Authority: RCW                    filed 3/9/78.] Repealed by 83-06-066 (Order 83-02),
             10.97.080 and 10.97.090.                                                filed 3/2/83. Statutory Authority: RCW 43.63A.060.
365-50-350   Protection against unauthorized access. [Statutory         365-55-030   Program purpose. [Statutory Authority:         RCW
             Authority: RCW 10.97.080. 78-10-038 (Order 40), §                       43.63A.060. 78-04-013 (Order 78-02), § 365-55-030,
             365-50-350, filed 9/18/78.] Repealed by 80-08-056                       filed 3/9/78.] Repealed by 83-06-066 (Order 83-02),
             (Order 80-3), filed 7/1/80. Statutory Authority: RCW                    filed 3/2/83. Statutory Authority: RCW 43.63A.060.
             10.97.080 and 10.97.090.                                   365-55-040   Application procedures. [Statutory Authority: RCW
365-50-360   Personnel security. [Statutory Authority: RCW 10.97.-                   43.63A.060. 78-04-013 (Order 78-02), § 365-55-040,
             080. 78-10-038 (Order 40), § 365-50-360, filed                          filed 3/9/78.] Repealed by 83-06-066 (Order 83-02),
             9/18/78.] Repealed by 80-08-056 (Order 80-3), filed                     filed 3/2/83. Statutory Authority: RCW 43.63A.060.
             7/1/80. Statutory Authority: RCW 10.97.080 and
             10.97.090.                                                 365-55-050   Contract awards. [Statutory Authority:         RCW
                                                                                     43.63A.060. 78-04-013 (Order 78-02), § 365-55-050,
365-50-370   Personnel training. [Statutory Authority:         RCW                   filed 3/9/78.] Repealed by 83-06-066 (Order 83-02),
             10.97.080. 78-10-038 (Order 40), § 365-50-370, filed                    filed 3/2/83. Statutory Authority: RCW 43.63A.060.
             9/18/78.] Repealed by 80-08-056 (Order 80-3), filed
             7/1/80. Statutory Authority: RCW 10.97.080 and             365-55-060   Reports and records. [Statutory Authority: RCW
             10.97.090.                                                              43.63A.060. 78-04-013 (Order 78-02), § 365-55-060,
365-50-380   Personnel clearances. [Statutory Authority: RCW                         filed 3/9/78.] Repealed by 83-06-066 (Order 83-02),
             10.97.080. 78-10-038 (Order 40), § 365-50-380, filed                    filed 3/2/83. Statutory Authority: RCW 43.63A.060.
             9/18/78.] Repealed by 80-08-056 (Order 80-3), filed        365-55-070   Policy advisory council. [Statutory Authority: RCW
             7/1/80. Statutory Authority: RCW 10.97.080 and                          43.63A.060. 78-04-013 (Order 78-02), § 365-55-070,
             10.97.090.                                                              filed 3/9/78.] Repealed by 83-06-066 (Order 83-02),
365-50-390   Auditing of CHRI systems. [Statutory Authority: RCW                     filed 3/2/83. Statutory Authority: RCW 43.63A.060.
             10.97.080. 78-10-038 (Order 40), § 365-50-390, filed       365-55-080   Termination. [Statutory Authority: RCW 43.63A.060.
             9/18/78.] Repealed by 80-08-056 (Order 80-3), filed                     78-04-013 (Order 78-02), § 365-55-080, filed 3/9/78.]
             7/1/80. Statutory Authority: RCW 10.97.080 and                          Repealed by 83-06-066 (Order 83-02), filed 3/2/83.
             10.97.090.                                                              Statutory Authority: RCW 43.63A.060.

(2009 Ed.)                                                                                                          [Title 365 WAC—p. 9]
Chapter 365-04                                 Title 365 WAC: Community Development

                    Chapter 365-60                                                                filed 9/5/06, effective 9/5/06. Recodified as WAC 170-
    STATE ADMINISTRATION OF THE LOCAL SECTION 8                                                   100-070.
       HOUSING ASSISTANCE PAYMENTS PROGRAM                                  365-170-080           Eligibility for services. [Statutory Authority: Chapter
                                                                                                  28A.215 RCW. 06-13-046, § 365-170-080, filed
365-60-010      Purpose and authority. [Statutory Authority: Chapter                              6/16/06, effective 7/17/06. Statutory Authority: RCW
                43.63A RCW. 79-03-004 (Order 79-02), § 365-60-010,                                43.63A.060. 99-19-176, § 365-170-080, filed 9/22/99,
                filed 2/9/79.] Repealed by 98-05-027, filed 2/9/98,                               effective 10/23/99. Statutory Authority: RCW
                effective 3/12/98.                                                                28A.34A.060. 88-18-039 (Order 88-04), § 365-170-
365-60-020      Policies and procedures. [Statutory Authority: Chapter                            080, filed 8/31/88. Statutory Authority: RCW 43.63A.-
                43.63A RCW. 79-03-004 (Order 79-02), § 365-60-020,                                060. 87-04-007 (Order 87-02), § 365-170-080, filed
                filed 2/9/79.] Repealed by 98-05-027, filed 2/9/98,                               1/23/87.] Decodified by 06-18-085, filed 9/5/06, effec-
                effective 3/12/98.                                                                tive 9/5/06. Recodified as WAC 170-100-080.
                   Chapter 365-170                                          365-170-090           Program design. [Statutory Authority: RCW 43.63A.-
     EARLY CHILDHOOD EDUCATION AND ASSISTANCE                                                     060. 99-19-176, § 365-170-090, filed 9/22/99, effective
                    PROGRAM                                                                       10/23/99. Statutory Authority: RCW 28A.34A.060. 88-
                                                                                                  18-039 (Order 88-04), § 365-170-090, filed 8/31/88.
365-170-010     Authority. [Statutory Authority: Chapter 28A.215                                  Statutory Authority: RCW 43.63A.060. 87-04-007
                RCW. 06-13-046, § 365-170-010, filed 6/16/06, effec-                              (Order 87-02), § 365-170-090, filed 1/23/87.] Repealed
                tive 7/17/06. Statutory Authority: RCW 28A.34A.060.                               by 06-13-046, filed 6/16/06, effective 7/17/06. Statutory
                88-18-039 (Order 88-04), § 365-170-010, filed 8/31/88.                            Authority: Chapter 28A.215 RCW.
                Statutory Authority: RCW 43.63A.060. 87-04-007              365-170-095           Staff qualifications. [Statutory Authority: Chapter
                (Order 87-02), § 365-170-010, filed 1/23/87.] Decodi-                             28A.215 RCW. 06-13-046, § 365-170-095, filed
                fied by 06-18-085, filed 9/5/06, effective 9/5/06.                                6/16/06, effective 7/17/06. Statutory Authority: RCW
                Recodified as WAC 170-100-010.                                                    43.63A.060. 99-19-176, § 365-170-095, filed 9/22/99,
365-170-020     Purpose. [Statutory Authority: Chapter 28A.215 RCW.                               effective 10/23/99.] Decodified by 06-18-085, filed
                06-13-046, § 365-170-020, filed 6/16/06, effective                                9/5/06, effective 9/5/06. Recodified as WAC 170-100-
                7/17/06. Statutory Authority: RCW 43.63A.060. 99-19-                              090.
                176, § 365-170-020, filed 9/22/99, effective 10/23/99;      365-170-100           Administration. [Statutory Authority: RCW 43.63A.-
                87-04-007 (Order 87-02), § 365-170-020, filed                                     060. 99-19-176, § 365-170-100, filed 9/22/99, effective
                1/23/87.] Decodified by 06-18-085, filed 9/5/06, effec-                           10/23/99. Statutory Authority: RCW 28A.34A.060. 88-
                tive 9/5/06. Recodified as WAC 170-100-020.                                       18-039 (Order 88-04), § 365-170-100, filed 8/31/88.
365-170-030     Definitions. [Statutory Authority: Chapter 28A.215                                Statutory Authority: RCW 43.63A.060. 87-04-007
                RCW. 06-13-046, § 365-170-030, filed 6/16/06, effec-                              (Order 87-02), § 365-170-100, filed 1/23/87.] Repealed
                tive 7/17/06. Statutory Authority: RCW 43.63A.060.                                by 06-13-046, filed 6/16/06, effective 7/17/06. Statutory
                99-19-176, § 365-170-030, filed 9/22/99, effective                                Authority: Chapter 28A.215 RCW.
                10/23/99. Statutory Authority: RCW 28A.34A.060. 88-                                    Chapter 365-300
                18-039 (Order 88-04), § 365-170-030, filed 8/31/88.                                ENHANCED 9-1-1 FUNDING
                Statutory Authority: RCW 43.63A.060. 87-04-007
                (Order 87-02), § 365-170-030, filed 1/23/87.] Decodi-       365-300-010        Authority. [Statutory Authority: RCW 38.52.540. 93-
                fied by 06-18-085, filed 9/5/06, effective 9/5/06.                             11-039 (Order 93-04), § 365-300-010, filed 5/11/93,
                Recodified as WAC 170-100-030.                                                 effective 6/11/93.] Decodified by 98-01-064, filed
365-170-040     Determination of funding. [Statutory Authority: RCW                            12/11/97, effective 1/1/98.
                28A.34A.060. 88-18-039 (Order 88-04), § 365-170-            365-300-020        Purpose. [Statutory Authority: RCW 38.52.540. 93-11-
                040, filed 8/31/88. Statutory Authority: RCW 43.63A.-                          039 (Order 93-04), § 365-300-020, filed 5/11/93, effec-
                060. 87-04-007 (Order 87-02), § 365-170-040, filed                             tive 6/11/93.] Decodified by 98-01-064, filed 12/11/97,
                1/23/87.] Repealed by 06-13-046, filed 6/16/06, effec-                         effective 1/1/98.
                tive 7/17/06. Statutory Authority: Chapter 28A.215          365-300-030        Definitions. [Statutory Authority: RCW 38.52.540. 93-
                RCW.                                                                           11-039 (Order 93-04), § 365-300-030, filed 5/11/93,
365-170-050     Eligibility criteria for funding applicants. [Statutory                        effective 6/11/93.] Decodified by 98-01-064, filed
                Authority: RCW 43.63A.060. 99-19-176, § 365-170-                               12/11/97, effective 1/1/98.
                050, filed 9/22/99, effective 10/23/99. Statutory Author-   365-300-040        Eligible jurisdictions. [Statutory Authority: RCW
                ity: RCW 28A.34A.060. 88-18-039 (Order 88-04), §                               38.52.540. 93-11-039 (Order 93-04), § 365-300-040,
                365-170-050, filed 8/31/88. Statutory Authority: RCW                           filed 5/11/93, effective 6/11/93.] Decodified by 98-01-
                43.63A.060. 87-04-007 (Order 87-02), § 365-170-050,                            064, filed 12/11/97, effective 1/1/98.
                filed 1/23/87.] Repealed by 06-13-046, filed 6/16/06,       365-300-050        Fundable items. [Statutory Authority: RCW 38.52.540.
                effective 7/17/06. Statutory Authority: Chapter                                93-11-039 (Order 93-04), § 365-300-050, filed 5/11/93,
                28A.215 RCW.                                                                   effective 6/11/93.] Decodified by 98-01-064, filed
365-170-060     Process for allocating or awarding funds. [Statutory                           12/11/97, effective 1/1/98.
                Authority: Chapter 28A.215 RCW. 06-13-046, § 365-           365-300-060        Local plan requirements. [Statutory Authority: RCW
                170-060, filed 6/16/06, effective 7/17/06. Statutory                           38.52.540. 93-11-039 (Order 93-04), § 365-300-060,
                Authority: RCW 28A.34A.060. 88-18-039 (Order 88-                               filed 5/11/93, effective 6/11/93.] Decodified by 98-01-
                04), § 365-170-060, filed 8/31/88. Statutory Authority:                        064, filed 12/11/97, effective 1/1/98.
                RCW 43.63A.060. 87-04-007 (Order 87-02), § 365-             365-300-070        Funding priorities. [Statutory Authority: RCW 38.52.-
                170-060, filed 1/23/87.] Decodified by 06-18-085, filed                        540. 93-11-039 (Order 93-04), § 365-300-070, filed
                9/5/06, effective 9/5/06. Recodified as WAC 170-100-                           5/11/93, effective 6/11/93.] Decodified by 98-01-064,
                040.                                                                           filed 12/11/97, effective 1/1/98.
365-170-070     Use of funds. [Statutory Authority: Chapter 28A.215         365-300-081        Application procedures. [Statutory Authority: RCW
                RCW. 06-13-046, § 365-170-070, filed 6/16/06, effec-                           38.52.540. 93-11-039 (Order 93-04), § 365-300-081,
                tive 7/17/06. Statutory Authority: RCW 43.63A.060.                             filed 5/11/93, effective 6/11/93.] Decodified by 98-01-
                99-19-176, § 365-170-070, filed 9/22/99, effective                             064, filed 12/11/97, effective 1/1/98.
                10/23/99. Statutory Authority: RCW 28A.34A.060. 88-         365-300-090        Other rules. [Statutory Authority: RCW 38.52.540. 93-
                18-039 (Order 88-04), § 365-170-070, filed 8/31/88.                            11-039 (Order 93-04), § 365-300-090, filed 5/11/93,
                Statutory Authority: RCW 43.63A.060. 87-04-007                                 effective 6/11/93.] Decodified by 98-01-064, filed
                (Order 87-02), § 365-170-070, filed 1/23/87.] Decodi-                          12/11/97, effective 1/1/98.
                fied by 06-18-085, filed 9/5/06, effective 9/5/06.               Reviser’s note: Later promulgation, see chapter 118-65 WAC.
                Recodified as WAC 170-100-050.
365-170-07005   Comprehensive service delivery. [Statutory Authority:
                Chapter 28A.215 RCW. 06-13-046, § 365-170-07005,                 Chapter 365-04
                                                                                                    Chapter 365-04 WAC
                filed 6/16/06, effective 7/17/06.] Decodified by 06-18-
                085, filed 9/5/06, effective 9/5/06. Recodified as WAC                            GENERAL PROCEDURES
                170-100-060.
365-170-07010   Nondiscrimination. [Statutory Authority:          Chapter   WAC
                28A.215 RCW. 06-13-046, § 365-170-07010, filed              365-04-010            Agency purpose.
                6/16/06, effective 7/17/06.] Decodified by 06-18-085,       365-04-030            Agency organization.

[Title 365 WAC—p. 10]                                                                                                                           (2009 Ed.)
                                                           Uniform Procedural Rules                                                           365-18-010

365-04-050          Appearance and practice before agency—Who may                (2) Attorneys at law duly qualified and entitled to prac-
                       appear.
                                                                            tice before the highest court of record of any other state, if the
     365-04-010
                                                                            attorneys at law of the state of Washington are permitted to
     WAC 365-04-010 Agency purpose. The planning and                        appear in a representative capacity before administrative
community affairs agency was established in 1967 in the                     agencies of such other state, and if not otherwise prohibited
office of the governor to provide planning and technical                    by our state law;
assistance to the counties and municipalities of Washington                      (3) A bona fide officer, partner, or full time employee of
state to aid them with the demands of change and the com-                   an individual firm, association, partnership, corporation or
plex problems of rapid growth and development. The key ele-                 municipal corporation.
ments of this assistance are cooperation and service — coop-
                                                                            [Order 72-6, § 365-04-050, filed 11/3/72.]
eration with and service to city governments, county govern-
ments and state and regional agencies.
[Order 72-6, § 365-04-010, filed 11/3/72.]
                                                                                 Chapter 365-08
                                                                                                       Chapter 365-08 WAC
                                                                                                  UNIFORM PROCEDURAL RULES
     365-04-030


     WAC 365-04-030 Agency organization. (1) The exec-                      WAC
utive head of the agency is a director appointed by the gover-              365-08-010               Uniform procedural rules.
nor. The director may delegate such of his functions, powers,
and duties to such officers and employees of the office as he                    365-08-010

                                                                                 WAC 365-08-010 Uniform procedural rules. The
deems expedient to the furtherance of the purposes of the                   planning and community affairs agency, hereinafter desig-
agency. The operating sections of the agency include the                    nated as the agency, adopts as its own rules of practice all
comprehensive health planning office, the law and justice                   those uniform procedural rules promulgated by the code
planning office, and the local planning assistance, commu-                  reviser now codified in the Washington Administrative Code,
nity services, model cities/planned variations, training and                WAC 1-08-005 through 1-03-590 [1-08-590], (excepting
education, special projects, and administrative divisions.                  WAC 1-08-010 which is adopted as amended by the agency
     (2) The principal office of the agency shall be at Olym-               as set out herein as WAC 365-04-050) as now or hereafter
pia, Washington, in care of the Director of the Planning and                amended subject to any additional rules that the agency may
Community Affairs Agency, Insurance Building, which                         add from time to time. The agency reserves the right to make
office shall be open each day for the transaction of business               whatever determination is fair and equitable should any ques-
from 8:00 a.m. to 5:00 p.m., (Saturdays, Sundays, and legal                 tion not covered by its rules come before the agency, said
holidays excepted). Submissions, requests and communica-                    determination to be in accordance with the spirit and intent of
tions shall be sent to the Director, Planning and Community                 the law.
Affairs Agency, Insurance Building, Olympia, Washington                     [Order 72-6, § 365-08-010, filed 11/3/72.]
98504.
     (3) Pursuant to chapter 39.34 RCW and Executive Order
73-03, the director of the agency has entered into a joint ven-                          Chapter 365-18 WAC
                                                                                 Chapter 365-18




ture agreement under which the functions and responsibilities                  LONG-TERM CARE OMBUDSMAN PROGRAM,
of the planning and community affairs agency's local plan-                     DEPARTMENT OF COMMUNITY, TRADE, AND
ning assistance, model cities/ planned variations, special                           ECONOMIC DEVELOPMENT
projects, training and education, community services, com-                  WAC
prehensive health planning, law and justice planning and the                365-18-010               Purpose.
Indian economic and employment assistance divisions, sec-                   365-18-020               Definitions.
                                                                            365-18-030               Contractor, subcontractor, and ombudsman qualifica-
tions, and programs; as well as portions of the agency's                                                  tions.
administrative division and supporting programs have been                   365-18-040               Conflicts of interest.
assigned and delegated to the office of community develop-                  365-18-050               Duties—Department.
                                                                            365-18-060               Duties—State ombudsman.
ment. The office of community development shall act as the                  365-18-070               Duties—Regional and regional staff long-term care
agent for the planning and community affairs agency in car-                                               ombudsmen.
rying out the agency's functions and responsibilities; the                  365-18-080               Duties—Certified volunteer long-term care ombuds-
                                                                                                          men.
agency shall act through the office of community develop-                   365-18-090               Legal counsel.
ment in connection with all matters assigned and delegated to               365-18-100               Ombudsmen access to facilities, residents, and records.
the office of community development under the joint venture                 365-18-110               Confidentiality of ombudsman records, communica-
                                                                                                          tions privileged.
agreement for the duration of that agreement.                               365-18-120               Interference with the ombudsman, liability.
[Order 73-4, § 365-04-030, filed 9/12/73; Order 72-6, § 365-04-030, filed
11/3/72.]                                                                        365-18-010

                                                                                 WAC 365-18-010 Purpose. The purpose of this chapter
     365-04-050
                                                                            is to implement the long-term care ombudsman program as
     WAC 365-04-050 Appearance and practice before                          provided for in chapter 43.190 RCW and the Older Ameri-
agency—Who may appear. No person may appear in a rep-                       cans Act of 1965 (42 U.S.C. § 3001 et seq., as amended). The
resentative capacity before the agency or its designated hear-              overall purpose of the ombudsman program is to promote the
ing officer other than the following:                                       interests, well-being, and rights of long-term care facility res-
     (1) Attorneys at law duly qualified and entitled to prac-              idents. These rules set forth the ombudsman program's
tice before the supreme court of the state of Washington;                   authority and duties.
(2009 Ed.)                                                                                                                         [Title 365 WAC—p. 11]
365-18-020                                       Title 365 WAC: Community Development

[Statutory Authority: Chapter 43.190 RCW and Older Americans Act of          Subcontractors shall have demonstrated the capability to
1965 (42 U.S.C., 3001 et seq., as amended). 00-09-060, § 365-18-010, filed   carry out the responsibilities of their respective contracts. The
4/17/00, effective 5/18/00.]
                                                                             contractor and subcontractors shall also be free of conflicts of
     365-18-020                                                              interest, including:
      WAC 365-18-020 Definitions. When used in this chap-
                                                                                   (a) Not be an agency or organization that is responsible
ter, unless otherwise required by the context:
                                                                             for licensing, certifying, or regulating long-term care facili-
      (1) "Contractor" means the private nonprofit organiza-                 ties;
tion established by contract with the department to provide
                                                                                   (b) Not be an association, or an affiliate of such an asso-
the services of the office of the state long-term care ombuds-
                                                                             ciation, of long-term care facilities; and
man program.
                                                                                   (c) Have no pecuniary interest in any long-term care
      (2) "Department" means the department of community,
                                                                             facility.
trade, and economic development.
      (3) "Immediate family" pertaining to conflicts of inter-                     (2) The state long-term care ombudsman and assistant
est, means spouse, parents, children and siblings who live in                state long-term care ombudsman shall have demonstrated
the same household or who have, as determined by the state                   expertise and experience in the fields of long-term care and
office, a significant financial relationship with the potential              resident advocacy, and be free of conflicts of interest as
ombudsman.                                                                   defined in WAC 365-18-040.
      (4) "Long-term care facility" or "facility" is as defined in                 (3) Ombudsmen shall have demonstrated capability to
RCW 43.190.020, and includes, but is not limited to, nursing                 carry out the responsibilities of their respective offices, and
homes, adult family homes, boarding homes, assisted living                   be free of conflicts of interest as defined in WAC 365-18-
facilities, facilities that have a portion of their services estab-          040.
lished for long-term care, long-term care facilities operated                      (4) All prospective regional and volunteer ombudsmen
by the Washington state department of veterans affairs, and                  shall successfully complete the training program designated
any facility that is required by law to be licensed but is not.              by the state office prior to becoming certified and beginning
      (5) "Long-term care services" means services provided                  work as ombudsmen. In addition, during the period of their
to residents and applicants of long-term care facilities includ-             assignment as ombudsmen, all ombudsmen are expected to
ing, but not limited to, assessment, placement, case manage-                 attend periodic training events designed to increase their
ment, and determinations regarding benefits, personal care,                  knowledge and expertise with regard to long-term care
and health care, but for purposes of these regulations does not              ombudsman issues.
mean care or services provided in the applicant's or resident's                    (5) Prior to becoming an ombudsman, all prospective
home outside of a long-term care facility or in other locations              ombudsmen shall, at a minimum, successfully pass a criminal
outside of a long-term care facility. Services are those pro-                history background check as provided by chapter 43.43
vided to residents of all ages, and include, but are not limited             RCW.
to, those provided to individuals with developmental or phys-                      (6) Once a person becomes an ombudsman, he or she
ical disabilities, mental illness, dementia, or substance abuse              shall successfully pass a criminal history background check
problems.                                                                    as provided by chapter 43.43 RCW every three years at a
      (6) "Ombudsman" means the state long-term care                         minimum.
ombudsman, assistant state long-term care ombudsman,                         [Statutory Authority: Chapter 43.190 RCW and Older Americans Act of
regional long-term care ombudsman, regional staff long-term                  1965 (42 U.S.C., 3001 et seq., as amended). 00-09-060, § 365-18-030, filed
                                                                             4/17/00, effective 5/18/00.]
care ombudsman, or certified long-term care volunteer
ombudsman.                                                                        365-18-040



      (7) "Resident" means any individual residing tempo-                         WAC 365-18-040 Conflicts of interest. (1) All
rarily or permanently in a long-term care facility, and, when                ombudsmen shall be free from conflicts of interests, includ-
concerning complaints about admissions, readmissions,                        ing:
transfers, or discharges, includes applicants and former resi-                    (a) No ombudsman shall be or have been employed by or
dents of such facilities.                                                    participated in the management of any long-term care facil-
      (8) "State office" means the office of the state long-term             ity, or have or have had the right to receive remuneration
care ombudsman.                                                              from a long-term care facility, including work as a paid con-
      (9) "Pecuniary interest" for purposes of this chapter                  sultant or independent contractor, currently or within the past
means any significant ownership or investment interest.                      year;
[Statutory Authority: Chapter 43.190 RCW and Older Americans Act of
                                                                                  (b) No ombudsman or member of his or her immediate
1965 (42 U.S.C., 3001 et seq., as amended). 00-09-060, § 365-18-020, filed   family shall have, or have had within the past year, any pecu-
4/17/00, effective 5/18/00.]                                                 niary interest in a long-term care facility or a long-term care
                                                                             service;
                                                                                  (c) No ombudsman shall have a direct involvement in the
     365-18-030


     WAC 365-18-030 Contractor, subcontractor, and
ombudsman qualifications. (1) The contractor shall be a                      licensing, certification, or regulation of a long-term care
private nonprofit organization with demonstrated capability                  facility or of a long-term care service during his or her tenure
to carry out the responsibilities of the state long-term care                as an ombudsman or within the past year;
ombudsman, including, but not limited to, an ability to                           (d) No ombudsman shall be assigned to or work in a
receive, investigate, and resolve complaints made by or on                   long-term care facility in which the ombudsman or a member
behalf of residents of long-term care facilities statewide.                  of his/her immediate family resides;
[Title 365 WAC—p. 12]                                                                                                                       (2009 Ed.)
                                                   Long-Term Care Ombudsman Program                                             365-18-060

      (e) No ombudsman shall solicit or be the beneficiary of                     (iii) Public agencies;
gifts, money or estate property from residents in any facility                    (iv) Health and social service agencies; or
in which he or she has served or is serving as ombudsman.                         (v) Guardians, representative payees, holders of powers
This subsection shall not prohibit an ombudsman from                         of attorney, or other resident representatives;
receiving gifts, money, or estate property from a resident who                    (2) In coordination with the appropriate state or local
is a relative of the ombudsman;                                              government agencies, develop referral procedures for all
      (f) No ombudsman may work for an agency or entity in                   long-term care ombudsmen to refer complaints when neces-
which the ombudsman has direct personal involvement in the                   sary to any appropriate state or local government agency;
provision or establishment of involuntary services or in the                 such referral procedures must conform to the appropriate
involuntary commitment of a resident.                                        state law for referring reports of potential abuse, neglect,
      (2) No individual, or immediate family member of such                  exploitation or abandonment and shall contain wherever pos-
an individual, who is involved in the designation or removal                 sible the information specified in the appropriate state report-
of the state ombudsman, or the designation or revocation of                  ing laws and shall not abridge the confidentiality require-
the contractor or subcontractors, or who administers or over-                ments of this chapter;
sees the contractor's or subcontractor's contract, may be an                      (3) Offer and provide services to assist residents and
official or employee of any agency or organization that con-                 their representatives in protecting the health, safety, welfare,
ducts the licensing, certification, or regulation of long-term               and rights of the residents;
care facilities, or that owns, operates, or manages such facili-                  (4) Inform the residents, their representatives and others
ties.                                                                        about resident rights and about the means of obtaining
[Statutory Authority: Chapter 43.190 RCW. 02-17-018, § 365-18-040, filed     needed services, and work with the department of social and
8/9/02, effective 9/9/02. Statutory Authority: Chapter 43.190 RCW and        health services and long-term care facility administrators to
Older Americans Act of 1965 (42 U.S.C., 3001 et seq., as amended). 00-09-    assure that notices containing the name, address, and tele-
060, § 365-18-040, filed 4/17/00, effective 5/18/00.]                        phone number of the appropriate long-term care ombudsman
     365-18-050
                                                                             are posted prominently in every long-term care facility;
     WAC 365-18-050 Duties—Department. The depart-                                (5) Ensure that residents and their representatives have
ment shall, consistent with federal and state laws:                          regular and timely access to the services provided through the
     (1) Establish procedures for designating and contracting                ombudsman program, and ensure that the residents and com-
with a qualified private, nonprofit organization to provide the              plainants receive timely responses from representatives of the
state long-term care ombudsman program services, including                   ombudsman program. Provision shall be made by facilities
legal services;                                                              and the ombudsman to secure privacy for the purpose of the
     (2) Facilitate the exchange of information among appro-                 ombudsman carrying out his or her duties, including, but not
priate state agencies and organizations regarding issues relat-              limited to, building relationships with and providing informa-
ing to the long-term care ombudsman program;                                 tion to residents;
     (3) Help the state long-term care ombudsman obtain                           (6) Represent the interests of residents before govern-
direct access to the directors and key staff of state govern-                mental agencies and seek administrative, legal, and other
mental entities with responsibilities that impact residents of               remedies to protect the health, safety, welfare, and rights of
long-term care facilities;                                                   the residents;
     (4) Provide other assistance to the ombudsman program                        (7)(a) Analyze, comment on, and monitor the develop-
as the department deems appropriate;                                         ment and implementation of federal, state, and local laws,
     (5) Monitor program activities and the expenditure of                   regulations, and other governmental policies and actions, that
state and federal funds under the contract with the state office             pertain to the health, safety, welfare, and rights of the resi-
for appropriate utilization of funds, compliance with state and              dents, with respect to long-term care facilities and services in
federal laws, and fulfillment of contract obligations; and                   the state;
     (6) Assure, along with the state office, that no ombuds-                     (b) Recommend changes in laws, regulations, policies,
man is subject to a conflict of interest.                                    and actions that will further promote the interests, well-being
[Statutory Authority: Chapter 43.190 RCW and Older Americans Act of          and rights of residents;
1965 (42 U.S.C., 3001 et seq., as amended). 00-09-060, § 365-18-050, filed        (c) Provide such information as the state office deter-
4/17/00, effective 5/18/00.]                                                 mines to be necessary to public and private agencies, legisla-
     365-18-060
                                                                             tors, and other persons, regarding:
     WAC 365-18-060 Duties—State ombudsman. The                                   (i) The problems and concerns of individuals residing in
state long-term care ombudsman shall assure performance of                   long-term care facilities; and
the following duties:                                                             (ii) Recommendations related to these problems and
     (1) Identify, investigate, and resolve complaints that:                 concerns; and
     (a) Relate to actions, inactions, or decisions that may                      (d) Facilitate public comment on laws, regulations, poli-
adversely affect the health, safety, welfare, or rights of resi-             cies, and actions related to residents of long-term care facili-
dents;                                                                       ties and the ombudsman program;
     (b) Are made by:                                                             (8)(a) Establish procedures for the training and supervi-
     (i) A resident, a resident's relatives, friends, or associ-             sion of prospective regional long-term care ombudsmen,
ates;                                                                        regional long-term care staff ombudsmen, and certified vol-
     (ii) Providers, or representatives of providers, of long-               unteer ombudsmen, and ensure that all ombudsmen are edu-
term care or health care services;                                           cated in the fields of long-term care and advocacy, including,
(2009 Ed.)                                                                                                             [Title 365 WAC—p. 13]
365-18-070                                 Title 365 WAC: Community Development

but not limited to, conflict resolution, laws that govern long-          (f) Make available to the federal Commissioner on
term care resident populations, and issues in long-term care        Aging, the governor, the Washington state legislature, the
facilities pertaining to residents with mental illness, demen-      department of social and health services, the department of
tia, developmental and physical disabilities, and substance         health, the department of community, trade, and economic
abuse problems;                                                     development, and other appropriate governmental entities
     (b) Monitor and provide administrative and policy direc-       and interested members of the public, the annual report
tion and technical assistance to the regional long-term care        described in this subsection;
ombudsmen; and                                                           (15) The state long-term care ombudsman may subcon-
     (c) Coordinate the activities of long-term care ombuds-        tract for long-term care ombudsman services, including
men throughout the state;                                           regional long-term care ombudsman services, throughout the
     (9)(a) Promote the development of citizen groups to par-       state. The state long-term care ombudsman has the authority
ticipate in the ombudsman program; and                              to designate and certify regional long-term care ombudsmen.
     (b) Provide support for the development of resident            The state long-term care ombudsman has the authority to
councils and family councils to protect the interests, well-        revoke, when good cause is shown, the subcontract or the
being and rights of residents;                                      designation and certification of the individual regional long-
     (10) Assure that representative stakeholder advisory           term care ombudsman;
councils are established and maintained for the state and                (16) The state long-term care ombudsman has the
regional ombudsman programs. All councils should include            authority to designate qualified individuals as certified volun-
representation from a broad spectrum of interests served by         teer long-term care ombudsmen representing the ombudsman
the program, including, but not limited to, mental illness,         program. Such individuals shall receive a certificate and pic-
dementia, and developmental and physical disabilities. All          ture identification card from the state office signed by the
vacancies to councils should be filled where possible within        state long-term care ombudsman. The state long-term care
six months of the vacancy;                                          ombudsman has the authority to revoke, when good cause is
     (11) Coordinate ombudsman services with the protection         shown, this certification.
and advocacy systems for individuals with developmental                  (17) Nothing in this chapter shall be construed to
disabilities and mental illness including making appropriate        empower the state long-term care ombudsman or any other
referrals, and with legal services funded under Title III of the    long-term care ombudsman with statutory or regulatory
Older Americans Act, through the development of memo-               licensing or sanctioning authority.
randa of understanding and other means;                             [Statutory Authority: Chapter 43.190 RCW and Older Americans Act of
     (12) Establish a grievance procedure for the purpose of        1965 (42 U.S.C., 3001 et seq., as amended). 00-09-060, § 365-18-060, filed
providing an appeal process for any individual dissatisfied         4/17/00, effective 5/18/00.]
with the actions of any ombudsman. The highest level of                  365-18-070


appeal shall be the contractor and the contractor's governing             WAC 365-18-070 Duties—Regional and regional
board. The grievance procedure is not intended to supplant          staff long-term care ombudsmen. Regional and regional
any contracting or subcontracting agency's internally estab-        staff long-term care ombudsmen shall, in accordance with the
lished grievance procedure for disputes not related to              policies and procedures established by the state office, have
ombudsman duties;                                                   the following duties:
     (13) Establish a statewide uniform reporting system to               (1) Inform residents, their representatives, and others
collect and analyze data relating to complaints and conditions      about their rights, and offer and provide services to protect
in long-term care facilities for the purpose of identifying and     the health, safety, welfare, and rights of residents;
resolving significant problems;                                           (2) Ensure that residents and their representatives in the
     (14) Prepare an annual report:                                 service area have regular, timely access to representatives of
     (a) Describing the activities carried out by the ombuds-       the ombudsman program and timely responses to complaints
man program in the prior year;                                      and requests for assistance. Provision shall be made by facil-
     (b) Evaluating the problems experienced by, and the            ities and ombudsmen to secure privacy for the purpose of the
complaints made by, or on behalf of, residents;                     ombudsman carrying out his or her duties, including, but not
     (c) Containing recommendations for:                            limited to, building relationships with and providing informa-
     (i) Improving quality of the care and life of the residents;   tion to residents;
and                                                                       (3) Identify, investigate, and resolve complaints that:
     (ii) Protecting the health, safety, welfare, and rights of           (a) Relate to actions, inactions, or decisions, that may
the residents;                                                      adversely affect the health, safety, welfare, or rights of resi-
     (d)(i) Analyzing the success and needs of the ombuds-          dents;
man program, including the success or gaps in providing ser-              (b) Are made by:
vices to residents of long-term care facilities; and                      (i) A resident, a resident's relatives, friends, or associ-
     (ii) Identifying barriers that prevent the optimal opera-      ates;
tion of the ombudsman program;                                            (ii) Providers, or representatives of providers, of long-
     (e) Providing policy, regulatory, and legislative recom-       term care or health care services;
mendations to solve identified problems, to resolve the com-              (iii) Public agencies;
plaints, to improve the quality of care and life of residents, to         (iv) Health and social service agencies; or
protect the health, safety, welfare, and rights of residents, and         (v) Guardians, representative payees, holders of powers
to remove the barriers; and                                         of attorney, or other resident representatives;
[Title 365 WAC—p. 14]                                                                                                              (2009 Ed.)
                                                   Long-Term Care Ombudsman Program                                                     365-18-100

     (4) Recruit, train, place and supervise volunteer and staff             icies and actions, that pertain to the rights and well-being of
ombudsmen who have been certified by the state ombuds-                       residents; and facilitate the ability of the public to comment
man;                                                                         on the laws, regulations, policies, and actions;
     (5) Represent the interests of residents before govern-                      (6) Promote development of resident councils, family
ment agencies and seek administrative, legal, and other rem-                 councils, and citizen advocacy groups; and
edies to protect the health, safety, welfare, and rights of the                   (7) Carry out other activities that the state long-term care
residents;                                                                   ombudsman determines to be appropriate.
     (6) Review, and if necessary, comment on any existing                   [Statutory Authority: Chapter 43.190 RCW and Older Americans Act of
and proposed laws, regulations, and other governmental pol-                  1965 (42 U.S.C., 3001 et seq., as amended). 00-09-060, § 365-18-080, filed
icies and actions, that pertain to the rights and well-being of              4/17/00, effective 5/18/00.]
residents; and facilitate the ability of the public to comment
on the laws, regulations, policies, and actions;                                  365-18-090


                                                                                  WAC 365-18-090 Legal counsel. The state agency
     (7) Assure that regional stakeholder advisory councils                  shall ensure that adequate legal counsel is available, and is
are established and maintained for the regional ombudsman                    able, without conflict of interest, to:
programs. Efforts should be made to include representation                        (1) Provide advice and consultation needed to protect the
on the councils from a broad spectrum of interests served by                 health, safety, welfare and rights of residents;
the program, including, but not limited to, mental illness,                       (2) Pursue administrative, legal, and other remedies on
dementia, and developmental and physical disabilities. All                   behalf of residents;
vacancies to councils should be filled where possible within
                                                                                  (3) Assist representatives of the state office in perfor-
six months of the vacancy;
                                                                             mance of their duties; and
     (8) Promote the development of resident councils, family
                                                                                  (4) Provide legal representation to any representative of
councils, and citizen advocacy groups; and
                                                                             the state office, including ombudsmen, against whom legal
     (9) Carry out other activities that the state long-term care
                                                                             action is threatened or brought in connection with perfor-
ombudsman determines to be appropriate.
                                                                             mance of their duties.
[Statutory Authority: Chapter 43.190 RCW and Older Americans Act of
1965 (42 U.S.C., 3001 et seq., as amended). 00-09-060, § 365-18-070, filed   [Statutory Authority: Chapter 43.190 RCW and Older Americans Act of
4/17/00, effective 5/18/00.]                                                 1965 (42 U.S.C., 3001 et seq., as amended). 00-09-060, § 365-18-090, filed
                                                                             4/17/00, effective 5/18/00.]
     365-18-080

     WAC 365-18-080 Duties—Certified volunteer long-                              365-18-100



term care ombudsmen. Trained and certified volunteer                              WAC 365-18-100 Ombudsmen access to facilities,
long-term care ombudsmen shall, in accordance with policies                  residents, and records. (1) All ombudsmen shall have
and procedures established by the state office, and under the                access to all long-term care facilities and residents at any time
supervision of the regional long-term care ombudsman, have                   deemed necessary and reasonable to effectively carry out the
the following duties:                                                        ombudsman duties set forth in this chapter, chapter 43.190
     (1) Inform residents, their representatives and others                  RCW, and federal law. Access to facilities and residents by
about their rights, and offer and provide services to protect                ombudsmen shall be deemed necessary and reasonable at the
the health, safety, welfare, and rights of residents;                        following times:
     (2) Represent the interests of residents before govern-                      (a) Any time during a facility's regular business day, reg-
ment agencies and seek administrative, legal, and other rem-                 ular visiting hours, or other period the facility is open to the
edies to protect the health, safety, welfare, and rights of resi-            public; and
dents;                                                                            (b) Any other time access may be required by the partic-
     (3) Visit residents in the assigned facility(s) on a regular            ular condition to be investigated or monitored.
basis, with provision made by facilities and ombudsmen to                         (2) Upon entering a facility, or as soon as practicable
secure privacy for the purpose of the ombudsman carrying                     thereafter, all ombudsmen shall report their presence to the
out his or her duties;                                                       facility administration or staff in charge and, upon request,
     (4) According to program policy, identify, investigate                  present identification as an ombudsman.
and resolve complaints that:                                                      (3) Ombudsmen shall have access to residents to perform
     (a) Relate to actions, inactions, or decisions, that may                the duties set forth in this chapter, chapter 43.190 RCW, and
adversely affect the health, safety, welfare, or rights of resi-             federal law. Provision shall be made by the facility and the
dents;                                                                       ombudsman to secure privacy for the purpose of building
     (b) Are made by:                                                        relationships, providing information, and hearing, investigat-
     (i) A resident, a resident's relatives, friends, or associ-             ing, and resolving complaints of, and rendering advice to,
ates;                                                                        residents of the facility at any time deemed necessary and
     (ii) Providers, or representatives of providers, of long-               reasonable by the ombudsmen to effectively carry out the
term care or health care services;                                           provisions of this chapter.
     (iii) Public agencies;                                                       (4) Ombudsmen shall have private access to residents
     (iv) Health and social service agencies; or                             without willful interference from the facility or the resident's
     (v) Guardians, representative payees, holders of powers                 representative, including a guardian, family member, or hold-
of attorney, or other resident representatives;                              ers of powers of attorney.
     (5) Review, and if necessary, comment on any existing                        (5) Ombudsmen shall have the following access to a res-
and proposed laws, regulations, and other governmental pol-                  ident's records:
(2009 Ed.)                                                                                                                    [Title 365 WAC—p. 15]
365-18-110                                       Title 365 WAC: Community Development

      (a)(i) Prompt access to review and timely access to                    hearings, or depositions as to any confidential matters, except
obtain copies of all medical and social records of a resident,               as the court may deem necessary to enforce this chapter.
and other records relating to the resident if:                                    (3) In monitoring the state office and regional ombuds-
      (A) The ombudsman has the permission of the resident,                  men programs, subject to the discretion of the state ombuds-
or the legal representative of the resident; or                              man, access to the ombudsman files and records, minus iden-
      (B) The resident is unable to consent to the review and                tifying information regarding any resident, complainant, or
has no legal representative; or                                              witness, shall be available to the director or one senior man-
      (ii) Prompt access to review and timely access to obtain               ager of the department and the organization in which the
copies of all medical, social, and other records of a resident,              ombudsman program is administratively located. The indi-
as is necessary to investigate a complaint if:                               vidual who performs this monitoring function shall have no
      (A) A legal representative of the resident, including a                conflict of interest, as provided in WAC 365-18-040(2).
guardian, refuses to give the permission;                                    [Statutory Authority: Chapter 43.190 RCW and Older Americans Act of
      (B) The ombudsman has reasonable cause to believe that                 1965 (42 U.S.C., 3001 et seq., as amended). 00-09-060, § 365-18-110, filed
                                                                             4/17/00, effective 5/18/00.]
the legal representative or guardian is not acting in the best
interest of the resident; and                                                     365-18-120



      (C) The ombudsman obtains the prior approval of the                         WAC 365-18-120 Interference with the ombudsman,
state long-term care ombudsman or his or her designee;                       liability. (1) It is unlawful under 42 U.S.C. Sec. 3058g(j) and
      (b) Prompt access to review and timely access to obtain                RCW 43.190.090 to take any discriminatory, disciplinary, or
copies of any long-term care facility's documents to which                   retaliatory action against the following persons:
the residents or the general public have access, including                        (a) Any employee of a facility or agency;
administrative records and policies; provided, that in licensed                   (b) Any resident or client of a long-term care facility or
nursing facilities this shall include, but not be limited to, the            family member of a resident;
records and policies set forth in RCW 74.42.430.                                  (c) Any ombudsman; or
      (6) Ombudsmen shall have timely access to, and copies                       (d) Any person;
where requested, of all licensing and certification records                  for any communication made, or information given or dis-
maintained by the state with respect to long-term care facili-               closed, to an ombudsman carrying out his or her duties unless
ties.                                                                        that person acted maliciously or without good faith.
      (7) For any copies obtained under this section, the                         (2) It is unlawful to willfully interfere with ombudsmen
ombudsman may be charged a reasonable rate not to exceed                     in the performance of their official duties.
the community standard.                                                           (3) No ombudsman shall be liable for good faith perfor-
[Statutory Authority: Chapter 43.190 RCW and Older Americans Act of          mance of his or her duties under this chapter, chapter 43.190
1965 (42 U.S.C., 3001 et seq., as amended). 00-09-060, § 365-18-100, filed   RCW, or federal law.
4/17/00, effective 5/18/00.]
                                                                             [Statutory Authority: Chapter 43.190 RCW and Older Americans Act of
                                                                             1965 (42 U.S.C., 3001 et seq., as amended). 00-09-060, § 365-18-120, filed
     365-18-110


     WAC 365-18-110 Confidentiality of ombudsman                             4/17/00, effective 5/18/00.]
records, communications privileged. (1) All records and
files maintained by the long-term care ombudsman program                                Chapter 365-70 WAC
                                                                                  Chapter 365-70




shall remain confidential. Any disclosure of long-term care
ombudsman program records is subject to the following pro-                   ALLOCATING SINGLE FAMILY HOUSING BONDS
visions:                                                                         AMONG LOCAL HOUSING AGENCIES
     (a) No disclosure shall be made without the prior                       WAC
approval of the state ombudsman or his or her representative.                365-70-010            Definitions.
     (b) No disclosure of the identities of complainants, wit-               365-70-020            Applications.
                                                                             365-70-030            Distributions.
nesses, clients, or residents shall be made unless one of the                365-70-040            Criteria for distribution.
following conditions has been met:                                           365-70-050            1983 distribution.
     (i) The complainant or resident, or their legal representa-             365-70-060            Distribution prior to distribution date.
tive consents in writing to the disclosure; or                               365-70-070            Confirmation of distribution.
     (ii) The complainant or resident gives oral consent, and                     365-70-010


that consent is documented contemporaneously in writing by                        WAC 365-70-010 Definitions. (1) "Act" means E2SSB
a representative of the state office; or                                     No. 3245, chapter 161, Laws of 1983.
     (iii) The disclosure is required by court order.                             (2) "Agency" means the planning and community affairs
     (c) Nonidentifying information or statistics may be dis-                agency.
closed at the discretion of the state ombudsman or his or her                     (3) "Code" means the Internal Revenue Code of 1954, as
representative.                                                              amended, and regulations promulgated thereunder.
     (2) All communications by an ombudsman, if reasonably                        (4) "Commission" means the state housing finance com-
related to the requirements of that individual's responsibili-               mission.
ties under this chapter or federal or state statutes and done in                  (5) "Local housing agency" means any municipal corpo-
good faith, are privileged. That privilege shall serve as a                  ration or other entity authorized under state law to issue
defense to any action in libel or slander. Ombudsmen are                     bonds for the financing of single family housing in accor-
exempt from being required to testify in court, administrative               dance with section 103A of the code.
[Title 365 WAC—p. 16]                                                                                                                         (2009 Ed.)
                                                           Fire Protection Contracts                                                    Chapter 365-80
                                                                                 365-70-050


     (6) "Distribution date" means the date by which the                         WAC 365-70-050 1983 Distribution. For calendar year
director of the agency will make the allocation of single hous-             1983 the distribution to a local housing agency shall include
ing family bonds among local housing agencies.                              bonds issued by it on or before June 30, 1983, but in an
[Statutory Authority: 1983 c 161 § 20. 83-17-047 (Order 83-03), § 365-70-   amount not to exceed twenty-five million dollars per issuer
010, filed 8/16/83.]                                                        and in an aggregate amount for all local housing agencies not
                                                                            to exceed forty-six million dollars.
     WAC 365-70-020 Applications. (1) Any local housing
     365-70-020


                                                                            [Statutory Authority: 1983 c 161 § 20. 83-17-047 (Order 83-03), § 365-70-
agency which intends to issue bonds within a calendar year                  050, filed 8/16/83.]
for the financing of single family housing in accordance with
                                                                                 365-70-060

the code, shall submit an application to be received by the                      WAC 365-70-060 Distribution prior to distribution
agency no later than January 1 of such year: Provided, That                 date. A local housing agency may request a decision regard-
for calendar year 1983 such application shall be received no                ing its distribution amount prior to the distribution date if a
later than July 1, 1983.                                                    bond issue is scheduled to be sold prior to the distribution
     (2) Such application shall contain the following informa-              date and a failure to certify such a distribution would impose
tion: (i) The jurisdiction served by the applicant and the pop-             an unavoidable or serious hardship on the local agency and its
ulation of such jurisdiction; (ii) the amount of bonds intended             housing program. The director may, under such circum-
to be issued during the calendar year; (iii) the amount of                  stances, grant a specific allocation in advance of the distribu-
housing to be supplied as a result of such financing; (iv) a                tion date if such action would not seriously impair the ability
description of the housing and financing proposed; (v) a                    of another applicant to issue bonds which would otherwise be
statement regarding the likelihood of completing such financ-               likely to be allocated on the distribution date.
ing during the calendar year (reference should be made to the               [Statutory Authority: 1983 c 161 § 20. 83-17-047 (Order 83-03), § 365-70-
existence of bond purchase contracts or other documentation                 060, filed 8/16/83.]
already executed or scheduled to be executed); (vi) a state-
ment regarding the consistency of the project(s) with the plan                   365-70-070


                                                                                 WAC 365-70-070 Confirmation of distribution. Each
of the commission, if available; (vii) a statement concerning               local housing authority that receives a distribution must con-
coordination with other applicable federal and state pro-                   firm its distribution by providing the agency with a copy of
grams; (viii) any other information the applicant believes is               an executed bond purchase contract or alternative documen-
pertinent to the agency's decision to grant an allocation distri-           tation deemed sufficient by the commission to evidence the
bution.                                                                     reasonable likelihood that the distribution will be fully used.
[Statutory Authority: 1983 c 161 § 20. 83-17-047 (Order 83-03), § 365-70-   Any portion of such distribution which is not confirmed will
020, filed 8/16/83.]                                                        be added to the allocation of the commission. Such confirma-
                                                                            tion must be received by the agency no later than June 1: Pro-
     WAC 365-70-030 Distributions. The director of the
     365-70-030


                                                                            vided, That for 1983 such confirmation must be received no
agency shall make a distribution of all or a portion of the allo-           later than October 1, 1983. The agency shall provide written
cation of single family housing bonds available to local hous-              notice of any change in the distribution to the affected local
ing agencies pursuant to the act and the code. Such distribu-               housing authority prior to the effectiveness of any such
tion shall be made by the director no later than February 1:                change.
Provided, That for 1983 it shall be made no later than Sep-                 [Statutory Authority: 1983 c 161 § 20. 83-17-047 (Order 83-03), § 365-70-
tember 1, 1983. The distribution shall be announced in writ-                070, filed 8/16/83.]
ing, mailed to each applicant and copies thereof made avail-
able by the director to all interested parties.
                                                                                          Chapter 365-80 WAC
                                                                                 Chapter 365-80



[Statutory Authority: 1983 c 161 § 20. 83-17-047 (Order 83-03), § 365-70-
030, filed 8/16/83.]                                                           FIRE PROTECTION CONTRACTS FOR STATE
                                                                                  FACILITIES WITH CITIES AND TOWNS
     WAC 365-70-040 Criteria for distribution. In deter-
     365-70-040



                                                                            WAC
mining such distribution the director shall attempt to make                 365-80-100                Authority.
available to local housing agencies and the commission the                  365-80-110                Purpose.
maximum amount of housing financing allocable pursuant to                   365-80-120                Definitions.
                                                                            365-80-130                Eligible municipalities.
the code and the act. The director shall specifically consider:             365-80-140                Notification of intent to contract.
     (1) The amount of housing to be made available by each                 365-80-150                Method for determining state agency square footage.
applicant;                                                                  365-80-160                Method for determining estimated values.
                                                                            365-80-170                Notification to municipalities.
     (2) The population within the jurisdiction of each appli-              365-80-180                Good faith negotiations.
cant;                                                                       365-80-190                Dispute resolution.
     (3) Coordination with other applicable federal and state               365-80-200                Annual payments.
housing programs;
     (4) The likelihood of implementing the proposed financ-                                      DISPOSITION OF SECTIONS FORMERLY
                                                                                                       CODIFIED IN THIS CHAPTER
ing during that year; and
     (5) Consistency with the plan of the commission, if                    365-80-010                General purpose. [Statutory Authority: RCW 35.21.775
available.                                                                                            as amended by 1983 c 146. 83-19-063 (Order 83-06), §
                                                                                                      365-80-010, filed 9/20/83.] Repealed by 92-15-047
[Statutory Authority: 1983 c 161 § 20. 83-17-047 (Order 83-03), § 365-70-                             (Order 92-05), filed 7/10/92, effective 8/10/92. Statu-
040, filed 8/16/83.]                                                                                  tory Authority: Chapter 35.21 RCW.

(2009 Ed.)                                                                                                                         [Title 365 WAC—p. 17]
365-80-100                                        Title 365 WAC: Community Development

365-80-020         Eligible agencies. [Statutory Authority:          RCW            (4) "State facilities" mean buildings or facilities owned
                   35.21.775 as amended by 1983 c 146. 83-19-063 (Order
                   83-06), § 365-80-020, filed 9/20/83.] Repealed by 92-       by the state or an agency or institution of the state, except
                   15-047 (Order 92-05), filed 7/10/92, effective 8/10/92.     those leased to a nontax-exempt person or organization,
                   Statutory Authority: Chapter 35.21 RCW.
365-80-030         State facilities. [Statutory Authority: RCW 35.21.775       located within a city's or town's territorial limits.
                   as amended by 1983 c 146. 83-19-063 (Order 83-06), §             (5) "State agency" means any agency or institution of the
                   365-80-030, filed 9/20/83.] Repealed by 92-15-047           state of Washington.
                   (Order 92-05), filed 7/10/92, effective 8/10/92. Statu-
                   tory Authority: Chapter 35.21 RCW.                               (6) "Compulsory fire protection contract" means a fire
365-80-040         Fire protection services. [Statutory Authority: RCW         protection contract as described in WAC 365-80-130.
                   35.21.775 as amended by 1983 c 146. 83-19-063 (Order             (7) "Municipality" means city or town.
                   83-06), § 365-80-040, filed 9/20/83.] Repealed by 92-
                   15-047 (Order 92-05), filed 7/10/92, effective 8/10/92.     [Statutory Authority: Chapter 35.21 RCW. 92-15-047 (Order 92-05), § 365-
                   Statutory Authority: Chapter 35.21 RCW.                     80-120, filed 7/10/92, effective 8/10/92.]
365-80-050         Basic fire protection payment. [Statutory Authority:
                   RCW 35.21.775 as amended by 1983 c 146. 83-19-063
                                                                                     WAC 365-80-130 Eligible municipalities. Section 4,
                                                                                    365-80-130

                   (Order 83-06), § 365-80-050, filed 9/20/83.] Repealed
                   by 92-15-047 (Order 92-05), filed 7/10/92, effective        chapter 117, Laws of 1992, provides that when a municipal-
                   8/10/92. Statutory Authority: Chapter 35.21 RCW.
365-80-060         Method of determining square footage of state facilities.   ity has one or more state agencies located within its city lim-
                   [Statutory Authority: RCW 35.21.775 as amended by           its, the municipality and the agency or agencies may enter
                   1983 c 146. 83-19-063 (Order 83-06), § 365-80-060,          into fire protection contracts. Section 6, chapter 117, Laws of
                   filed 9/20/83.] Repealed by 92-15-047 (Order 92-05),
                   filed 7/10/92, effective 8/10/92. Statutory Authority:      1992, provides that in cities or towns where the estimated
                   Chapter 35.21 RCW.                                          value of state facilities, as determined by the department,
365-80-070         Payments. [Statutory Authority: RCW 35.21.775 as
                   amended by 1983 c 146. 83-19-063 (Order 83-06), §           equals ten percent or more of the municipality's total assessed
                   365-80-070, filed 9/20/83.] Repealed by 92-15-047           valuation, the state agency shall enter into a compulsory fire
                   (Order 92-05), filed 7/10/92, effective 8/10/92. Statu-     protection contract to provide the municipality with an equi-
                   tory Authority: Chapter 35.21 RCW.
365-80-080         Decisions of the planning and community affairs agency      table share of its fire protection services costs. An exception
                   final. [Statutory Authority: RCW 35.21.775 as               is provided where fire protection services are performed by
                   amended by 1983 c 146. 83-19-063 (Order 83-06), §           state staff and equipment or by a fire protection district pur-
                   365-80-080, filed 9/20/83.] Repealed by 92-15-047
                   (Order 92-05), filed 7/10/92, effective 8/10/92. Statu-     suant to RCW 52.30.020.
                   tory Authority: Chapter 35.21 RCW.                          [Statutory Authority: Chapter 35.21 RCW. 92-15-047 (Order 92-05), § 365-
365-80-090         Unexpended funds. [Statutory Authority:           RCW
                   35.21.775 as amended by 1983 c 146. 83-19-063 (Order        80-130, filed 7/10/92, effective 8/10/92.]
                   83-06), § 365-80-090, filed 9/20/83.] Repealed by 92-
                   15-047 (Order 92-05), filed 7/10/92, effective 8/10/92.           WAC 365-80-140 Notification of intent to contract.
                                                                                    365-80-140




                   Statutory Authority: Chapter 35.21 RCW.
                                                                               Cities and towns shall notify the department and the appro-
     365-80-100
                                                                               priate state agency in writing, not later than July 1 of the fis-
    WAC 365-80-100 Authority. This chapter is promul-                          cal year for which payment shall be made, of their intent to
gated pursuant to the authority granted in chapter 35.21                       enter into compulsory fire protection contract negotiations.
RCW.                                                                           When more than one state agency is located in a city or town,
[Statutory Authority: Chapter 35.21 RCW. 92-15-047 (Order 92-05), § 365-       that municipality may notify only the department of its intent
80-100, filed 7/10/92, effective 8/10/92.]                                     to enter into compulsory fire contract negotiations, and the
     365-80-110
                                                                               department shall thereupon notify the appropriate state agen-
     WAC 365-80-110 Purpose. The purpose of these rules                        cies of the municipality's intent. Municipalities making such
is to implement the provisions of Substitute House Bill No.                    notification shall include the name of the state agency or
2937 (chapter 117, Laws of 1992) which provides that state                     agencies which have state-owned facilities located therein.
agencies and municipalities may negotiate fire protection                      The department shall verify whether the state agency facili-
contracts at their discretion, and also provides that certain                  ties in the municipality meet the estimated value threshold.
municipalities are eligible to enter into compulsory fire pro-                 [Statutory Authority: Chapter 35.21 RCW. 92-15-047 (Order 92-05), § 365-
tection contracts with state agencies. These rules set forth the               80-140, filed 7/10/92, effective 8/10/92.]
guidelines that the department will use in determining which
municipalities are eligible to enter into compulsory fire pro-                       WAC 365-80-150 Method for determining state
                                                                                    365-80-150




tection contracts with state agencies, and a process for resolv-               agency square footage. After a municipality notifies the
ing disputes between the parties negotiating any such con-                     department of its intent to enter into compulsory fire protec-
tracts.                                                                        tion contract negotiations (WAC 365-80-140), the depart-
[Statutory Authority: Chapter 35.21 RCW. 92-15-047 (Order 92-05), § 365-       ment shall request a written report from each state agency in
80-110, filed 7/10/92, effective 8/10/92.]                                     that municipality identifying the agency's state-owned facili-
     365-80-120
                                                                               ties located therein. The report shall provide the square foot-
     WAC 365-80-120 Definitions. (1) "Department" means                        age for each agency, and shall be submitted to the department
the department of community development.                                       within twenty days after receiving the request. The square
     (2) "Director" means the director of the department of                    footage shall be calculated as of July 1 of the fiscal year for
community development.                                                         which payment shall be made. No adjustments will be made
     (3) "Fire protection services" mean those fire services                   until the following year for new facilities built or acquired
normally provided by a city or town for the protection of per-                 after the determinations have been made.
sons and property, except equipment operated and facilities                    [Statutory Authority: Chapter 35.21 RCW. 92-15-047 (Order 92-05), § 365-
owned by a city or town.                                                       80-150, filed 7/10/92, effective 8/10/92.]
[Title 365 WAC—p. 18]                                                                                                                       (2009 Ed.)
                                            Supplemental Law Enforcement—Border Areas                                                              365-90-060
     365-80-160


     WAC 365-80-160 Method for determining estimated
                                                                                Chapter 365-90

                                                                                                        Chapter 365-90 WAC
values. The department shall estimate the value of a state                               SUPPLEMENTAL LAW ENFORCEMENT
facility by formula, using the facility's total square footage                             RESOURCES FOR BORDER AREAS
and an estimated value per square foot, as developed by the                WAC
department in consultation with the department of general                  365-90-060                Responsibilities of eligible jurisdictions.
administration and the association of Washington cities. State             365-90-070                Changes.
facility values so assigned shall be used solely for the purpose
of determining a municipality's eligibility to enter into com-                                   DISPOSITION OF SECTIONS FORMERLY
pulsory fire protection contract negotiations, and shall be                                           CODIFIED IN THIS CHAPTER
reviewed annually and revised accordingly.                                 365-90-010                Declaration of public policy. [Statutory Authority:
                                                                                                     RCW 43.63A.060. 91-04-017 (Order 91-01), § 365-90-
[Statutory Authority: Chapter 35.21 RCW. 92-15-047 (Order 92-05), § 365-
                                                                                                     010, filed 1/28/91, effective 2/28/91. Statutory Author-
80-160, filed 7/10/92, effective 8/10/92.]                                                           ity: RCW 43.63A.190. 83-22-037 (Order 83-08), § 365-
                                                                                                     90-010, filed 10/27/83.] Repealed by 97-21-006, filed
     365-80-170                                                                                      10/1/97, effective 11/1/97. Statutory Authority: RCW
     WAC 365-80-170 Notification to municipalities. Not                                              43.330.040 (2)(g).
later than July 31 of each year the department shall inform in             365-90-020                Definitions. [Statutory Authority: RCW 43.63A.060.
                                                                                                     91-04-017 (Order 91-01), § 365-90-020, filed 1/28/91,
writing each municipality making notification under WAC                                              effective 2/28/91. Statutory Authority: RCW 43.63A.-
365-80-140, and the appropriate state agency or agencies,                                            190. 83-22-037 (Order 83-08), § 365-90-020, filed
whether or not the municipality meets the estimated value                                            10/27/83.] Repealed by 97-21-006, filed 10/1/97, effec-
                                                                                                     tive 11/1/97. Statutory Authority: RCW 43.330.040
threshold.                                                                                           (2)(g).
                                                                           365-90-030                Eligible jurisdiction. [Statutory Authority:      RCW
[Statutory Authority: Chapter 35.21 RCW. 92-15-047 (Order 92-05), § 365-                             43.63A.190. 83-22-037 (Order 83-08), § 365-90-030,
80-170, filed 7/10/92, effective 8/10/92.]                                                           filed 10/27/83.] Repealed by 91-04-017 (Order 91-01),
                                                                                                     filed 1/28/91, effective 2/28/91. Statutory Authority:
     365-80-180                                                                                      RCW 43.63A.060.
     WAC 365-80-180 Good faith negotiations. Negotia-                      365-90-040                Allocation of funds. [Statutory Authority: RCW
tions for compulsory fire protection contracts shall be con-                                         43.63A.060. 91-04-017 (Order 91-01), § 365-90-040,
                                                                                                     filed 1/28/91, effective 2/28/91. Statutory Authority:
ducted in good faith. Good faith negotiations may include                                            RCW 43.63A.190. 83-22-037 (Order 83-08), § 365-90-
consideration of the unique benefits and burdens associated                                          040, filed 10/27/83.] Repealed by 97-21-006, filed
with the presence of the state facility or facilities in the city or                                 10/1/97, effective 11/1/97. Statutory Authority: RCW
                                                                                                     43.330.040 (2)(g).
town.                                                                      365-90-050                Procedure for notification and distribution. [Statutory
                                                                                                     Authority: RCW 43.63A.190. 83-22-037 (Order 83-
[Statutory Authority: Chapter 35.21 RCW. 92-15-047 (Order 92-05), § 365-                             08), § 365-90-050, filed 10/27/83.] Repealed by 91-04-
80-180, filed 7/10/92, effective 8/10/92.]                                                           017 (Order 91-01), filed 1/28/91, effective 2/28/91.
                                                                                                     Statutory Authority: RCW 43.63A.060.
     365-80-190                                                            365-90-080                Unexpended funds. [Statutory Authority:           RCW
     WAC 365-80-190 Dispute resolution. If disputes arise                                            43.63A.060. 91-04-017 (Order 91-01), § 365-90-080,
when negotiating compulsory fire protection contracts, they                                          filed 1/28/91, effective 2/28/91. Statutory Authority:
                                                                                                     RCW 43.63A.190. 83-22-037 (Order 83-08), § 365-90-
shall be disposed of as follows:                                                                     080, filed 10/27/83.] Repealed by 97-21-006, filed
     (1) When notified by one of the parties of a disagree-                                          10/1/97, effective 11/1/97. Statutory Authority: RCW
                                                                                                     43.330.040 (2)(g).
ment, the director shall mediate a resolution.                             365-90-090                Annual review. [Statutory Authority: RCW 43.63A.-
     (2) If the impasse continues, the director shall recom-                                         060. 91-04-017 (Order 91-01), § 365-90-090, filed
                                                                                                     1/28/91, effective 2/28/91. Statutory Authority: RCW
mend a resolution. Mediation efforts shall be completed                                              43.63A.190. 83-22-037 (Order 83-08), § 365-90-090,
within thirty days after the director is notified.                                                   filed 10/27/83.] Repealed by 97-21-006, filed 10/1/97,
                                                                                                     effective 11/1/97. Statutory Authority: RCW 43.330.-
     (3) If the recommended resolution is not accepted, the                                          040 (2)(g).
director shall direct the parties to arbitration. Arbitration shall
be conducted by a neutral arbiter acceptable to each party to                   365-90-060


                                                                                 WAC 365-90-060 Responsibilities of eligible jurisdic-
the negotiations, and shall be completed within sixty days
                                                                           tions. Eligible jurisdictions are responsible for complying
after being initiated. The arbiter shall select the final offer of
                                                                           with the legislative intent of the bordertowns program as
either of the contracting parties, or the director's recom-
                                                                           cited in RCW 43.63A.190. The legislative intent shall be met
mended resolution. Expenses associated with the arbitration
                                                                           by the following:
shall be borne by the contracting parties, and the arbiter's
decision shall be final, binding, and nonappealable.                             (1) Utilization of funds to augment and maintain existing
                                                                           levels of local police service.
[Statutory Authority: Chapter 35.21 RCW. 92-15-047 (Order 92-05), § 365-         (2) Utilization of funds for the procurement of law
80-190, filed 7/10/92, effective 8/10/92.]
                                                                           enforcement personnel, equipment or activities within the
     365-80-200
                                                                           local police department which will be directly rendered in the
     WAC 365-80-200 Annual payments. Payment for                           control or curtailment of border related traffic and criminal
compulsory fire protection contracts shall be made directly to             problems. Funds are not appropriated for the purpose of
the municipalities not later than November 30 of each year.                increasing existing police personnel salaries, wages, or bene-
In cases involving arbitration, payment shall be made to the               fits, except that funds may be used to pay existing and/or new
municipalities within thirty days of the arbiter's decision.               police personnel for overtime work.
[Statutory Authority: Chapter 35.21 RCW. 92-15-047 (Order 92-05), § 365-   [Statutory Authority: RCW 43.63A.190. 83-22-037 (Order 83-08), § 365-
80-200, filed 7/10/92, effective 8/10/92.]                                 90-060, filed 10/27/83.]
(2009 Ed.)                                                                                                                           [Title 365 WAC—p. 19]
365-90-070                                                Title 365 WAC: Community Development

     365-90-070

     WAC 365-90-070 Changes. The department, after con-                           pany and the agency were properly notified by the applicant.
sultation, discussion, or advisement, may modify or make                          The statement also acknowledges that the applicant agrees to
minor adjustments to the formula for allocation of funds for                      enter into a payment plan, to pay the past due bill by October
the program. All decisions of the department under this pro-                      15 even if they move, to pay for continued utility service, and
gram shall be final.                                                              to apply any assistance received to the bill.
[Statutory Authority: RCW 43.63A.060. 91-04-017 (Order 91-01), § 365-                  "Date of application" means the day the applicant noti-
90-070, filed 1/28/91, effective 2/28/91. Statutory Authority: RCW                fies the utility of their inability to pay the bill.
43.63A.190. 83-22-037 (Order 83-08), § 365-90-070, filed 10/27/83.]
                                                                                       "Extenuating circumstances" means anything beyond the
                                                                                  reasonable control of the applicant.
            Chapter 365-100 WAC
     Chapter 365-100
                                                                                       "Household income" means the total income of all
   WINTER UTILITY MORATORIUM PROGRAM                                              household members considered for LIHEAP eligibility deter-
                                                                                  mination.
WAC
                                                                                       "LIHEAP" means low-income home energy assistance
365-100-010                General purpose.
365-100-020                Definitions.                                           program, a federally-funded block grant.
365-100-030                Applicant responsibilities.                                 "Low-income households" means households whose
365-100-040                Contractor responsibilities.                           total income is no more than 125 percent of the federal pov-
                                                                                  erty level.
                       DISPOSITION OF SECTIONS FORMERLY
                            CODIFIED IN THIS CHAPTER                                   "Overdue notice" means a written notice to disconnect
                                                                                  service on a given date, unless payment is made.
365-100-050                Utility responsibilities. [Statutory Authority: RCW
                           43.63A.080. 84-21-087 (Order 84-02), § 365-100-050,         "Utility" means regulated electric and gas companies,
                           filed 10/19/84.] Repealed by 85-05-017, Order 84-02,   public utility districts, and municipal electric suppliers.
                           filed 2/13/85. Statutory Authority: RCW 43.63A.080.
                                                                                  [Statutory Authority: Chapter 43.63A RCW. 87-10-020 (Order 87-08), §
                                                                                  365-100-020, filed 5/1/87. Statutory Authority: RCW 43.63A.080. 85-05-
     365-100-010

     WAC 365-100-010 General purpose. The following                               017 (Order 84-02), § 365-100-020, filed 2/13/85; 84-21-087 (Order 84-02),
regulations are adopted pursuant to chapter 245, Laws of                          § 365-100-020, filed 10/19/84.]
1986 for the purpose of implementing a moratorium on utility                           365-100-030


shut-off's during the winter. The legislature has determined                           WAC 365-100-030 Applicant responsibilities. (1) The
and declared that utilities that supply electricity or natural gas                applicant shall notify the utility of the inability to pay the bill,
for home heating cannot discontinue service for low-income                        or the security deposit, within five business days. Notifica-
households between November 15 and March 15 for reasons                           tion may be made in person, in writing, or by telephone.
of nonpayment provided the customer complies with the pro-                             (2) The applicant shall contact the contractor within five
visions of the act.                                                               business days from the date of notification to the utility to
     The purpose of this chapter is to outline the conditions                     complete a client income statement. The applicant shall self-
and procedures under which the department of community                            certify twelve months of household income.
development (DCD) and its contractors will implement this                              (3) The applicant shall provide the utility with the com-
program pursuant to chapter 245, Laws of 1986.                                    pleted client income statement of unverified income within
[Statutory Authority: Chapter 43.63A RCW. 87-10-020 (Order 87-08), §              twenty days from the date of application. Verified income, or
365-100-010, filed 5/1/87. Statutory Authority: RCW 43.63A.080. 85-05-            acceptance of self-certification, must be supplied to the utility
017 (Order 84-02), § 365-100-010, filed 2/13/85; 84-21-087 (Order 84-02),         within forty-five days of application. (See WAC 365-100-
§ 365-100-010, filed 10/19/84.]                                                   040.)
     365-100-020
                                                                                       (4) At the time the client income statement is submitted
     WAC 365-100-020 Definitions. The following defini-                           to the utility, the applicant shall enter an agreement to pay no
tions shall apply to terms in chapter 245, Laws of 1986,                          less than seven percent of the applicant's household monthly
and/or this chapter:                                                              income, plus one-twelfth of any billing accrued from the date
     "Applicant" refers to a client of a community action                         application is made and thereafter through March 15, during
agency or other public or private nonprofit organization, or a                    the period of the utility moratorium.
current customer of a utility company, or an applicant for ser-                        (5) Prior to March 15, the applicant and the utility shall
vice of a utility company, who applies for the moratorium                         enter into an agreement with the specific terms for the repay-
program or other energy assistance.                                               ment of any account balance. Such repayment agreement
     "Contractor" means community action agency or other                          shall require full payment of the balance no later than Octo-
public or private nonprofit organizations providing energy                        ber 15 of that year, unless other arrangements are provided by
assistance and weatherization services under contract with                        the utility.
the department of community development.
                                                                                  [Statutory Authority: Chapter 43.63A RCW. 87-10-020 (Order 87-08), §
     "Business days" means all days except Saturday, Sunday                       365-100-030, filed 5/1/87. Statutory Authority: RCW 43.63A.080. 85-05-
and legal holidays.                                                               017 (Order 84-02), § 365-100-030, filed 2/13/85; 84-21-087 (Order 84-02),
     "Client income statement" means a statement the appli-                       § 365-100-030, filed 10/19/84.]
cant signs that acknowledges household gross income, self-
                                                                                       365-100-040


certified income, and seven percent of household's income.                             WAC 365-100-040 Contractor responsibilities. (1)
The statement acknowledges whether the income is verified                         The contractor may use the unverified client income state-
or unverified, whether the applicant has applied for energy                       ment to expedite the process for determining client eligibility
and weatherization assistance, and whether the utility com-                       for the moratorium program. The contractor may accept the
[Title 365 WAC—p. 20]                                                                                                                           (2009 Ed.)
                                                             Building Permit Surcharges and Fees                                                 365-110-035

applicant's self-certification of income in determining eligi-                                           (Order 90-01), filed 4/6/90, effective 5/7/90. Statutory
                                                                                                         Authority: Chapters 19.27 and 19.27A RCW.
bility, or verify and document income in accordance with                              365-110-060        Transmittal of funds. [Statutory Authority: 1985 c 144
LIHEAP procedures. In either instance, the contractor shall                                              and 360, 1985 1st ex.s. c 6, RCW 43.63A.060 and
notify the utility and the applicant of the applicant's eligibility                                      43.63A.065. 85-19-042 (Order 85-10), § 365-110-060,
no later than forty-five days from the date of application.                                              filed 9/13/85.] Repealed by 90-09-008 (Order 90-01),
                                                                                                         filed 4/6/90, effective 5/7/90. Statutory Authority:
      (2) The contractor shall provide the client income state-                                          Chapters 19.27 and 19.27A RCW.
ment and assist the applicant in completing the statement                             365-110-080        Termination. [Statutory Authority: RCW 19.27.085,
when applying for the moratorium program. If the applicant                                               19.27A.040, 43.63A.060, 43.63A.065 and 1987 1st ex.s.
contacts the contractor to apply for the moratorium program                                              c 7 § 217(14). 87-19-110 (Order 87-19), § 365-110-080,
                                                                                                         filed 9/18/87. Statutory Authority: 1985 c 144 and 360,
before notifying the utility of their inability to pay the bill, the                                     1985 1st ex.s. c 6, RCW 43.63A.060 and 43.63A.065.
contractor shall instruct the applicant to immediately contact                                           85-19-042 (Order 85-10), § 365-110-080, filed
the utility.                                                                                             9/13/85.] Repealed by 90-09-008 (Order 90-01), filed
                                                                                                         4/6/90, effective 5/7/90. Statutory Authority: Chapters
      (3) The contractor shall interview the applicant for                                               19.27 and 19.27A RCW.
energy and weatherization assistance.
      (4) The contractor shall provide the client income state-                            365-110-010




ment of unverified income to the applicant within twenty                                   WAC 365-110-010 Authority. These rules are adopted
days from the date of application.                                                    under the authority of RCW 43.330.040(2) which provides
      (5) The contractor shall inform the applicant that default                      that the director shall make such rules and regulations and do
on an agreed payment plan with the utility will remove mor-                           all other things necessary and proper to carry out the purposes
atorium protection until the past due bill is paid.                                   of chapter 43.330 RCW.
      (6) The contractor shall advise the applicant that discon-                      [Statutory Authority: RCW 43.330.040(2) and 19.27.070(3). 99-01-089, §
nection of services is possible if:                                                   365-110-010, filed 12/16/98, effective 1/16/99. Statutory Authority: 1985 c
      (a) Verified income is not supplied to the utility within                       144 and 360, 1985 1st ex.s. c 6, RCW 43.63A.060 and 43.63A.065. 85-19-
forty-five days of application and no interim payment agree-                          042 (Order 85-10), § 365-110-010, filed 9/13/85.]
ment has been made with the utility by the applicant.
                                                                                           365-110-020

      (b) The applicant has been determined income ineligible.                             WAC 365-110-020 Purpose. The purpose of these rules
      (7) The contractor shall inform the applicant that the util-                    is to provide definitions to assist the collection of building
ity is required to offer a choice between a budget billing plan                       permit fees as mandated by chapter 19.27 RCW.
or equal payment plan.
                                                                                      [Statutory Authority: Chapters 19.27 and 19.27A RCW. 90-09-008 (Order
[Statutory Authority: Chapter 43.63A RCW. 87-10-020 (Order 87-08), §                  90-01), § 365-110-020, filed 4/6/90, effective 5/7/90. Statutory Authority:
365-100-040, filed 5/1/87. Statutory Authority: RCW 43.63A.080. 85-05-                RCW 19.27.085, 19.27A.040, 43.63A.060, 43.63A.065 and 1987 1st ex.s. c
017 (Order 84-02), § 365-100-040, filed 2/13/85; 84-21-087 (Order 84-02),
                                                                                      7 § 217(14). 87-19-110 (Order 87-19), § 365-110-020, filed 9/18/87. Statu-
§ 365-100-040, filed 10/19/84.]
                                                                                      tory Authority: 1985 c 144 and 360, 1985 1st ex.s. c 6, RCW 43.63A.060
                                                                                      and 43.63A.065. 85-19-042 (Order 85-10), § 365-110-020, filed 9/13/85.]
             Chapter 365-110 WAC
     Chapter 365-110




                                                                                           365-110-035



   STATE BUILDING CODE—BUILDING PERMIT                                                     WAC 365-110-035 Definitions. 1. Department shall
           SURCHARGES AND FEES                                                        mean the department of community, trade, and economic
WAC                                                                                   development.
365-110-010                Authority.                                                      2. State Building Code fee shall mean a fee which is
365-110-020                Purpose.                                                   required to be collected by cities and counties pursuant to
365-110-035                Definitions.
                                                                                      chapter 19.27 RCW. Funds collected shall be used exclu-
                       DISPOSITION OF SECTIONS FORMERLY                               sively to implement the provisions of chapters 19.27 and
                            CODIFIED IN THIS CHAPTER                                  19.27A RCW.
365-110-030                Sufficient federal funds not available. [Statutory              3. Building permit shall mean a permit issued by a city
                           Authority: RCW 19.27.085, 19.27A.040, 43.63A.060,          or a county to construct, enlarge, alter, repair, move,
                           43.63A.065 and 1987 1st ex.s. c 7 § 217(14). 87-19-110
                           (Order 87-19), § 365-110-030, filed 9/18/87. Statutory     improve, remove, convert or demolish any building or struc-
                           Authority: 1985 c 144 and 360, 1985 1st ex.s. c 6, RCW     ture regulated by the Uniform Building Code as set forth in
                           43.63A.060 and 43.63A.065. 85-19-042 (Order 85-10),        the Uniform Building Code, section 106.1. This definition
                           § 365-110-030, filed 9/13/85.] Repealed by 90-09-008
                           (Order 90-01), filed 4/6/90, effective 5/7/90. Statutory   shall be subject to the exemptions contained in section 106.2
                           Authority: Chapters 19.27 and 19.27A RCW.                  of the Uniform Building Code. Building permits shall not
365-110-040                Collection of energy studies surcharge. [Statutory
                           Authority: 1985 c 144 and 360, 1985 1st ex.s. c 6, RCW     include plumbing, electrical, mechanical permits, or permits
                           43.63A.060 and 43.63A.065. 85-19-042 (Order 85-10),        issued pursuant to the Uniform Fire Code.
                           § 365-110-040, filed 9/13/85.] Repealed by 90-09-008
                           (Order 90-01), filed 4/6/90, effective 5/7/90. Statutory   [Statutory Authority: RCW 43.330.040(2) and 19.27.070(3). 99-01-089, §
                           Authority: Chapters 19.27 and 19.27A RCW.                  365-110-035, filed 12/16/98, effective 1/16/99. Statutory Authority: Chap-
365-110-050                Collection of State Building Code fee. [Statutory          ters 19.27 and 19.27A RCW. 90-09-008 (Order 90-01), § 365-110-035, filed
                           Authority: RCW 19.27.085, 19.27A.040, 43.63A.060,
                           43.63A.065 and 1987 1st ex.s. c 7 § 217(14). 87-19-110     4/6/90, effective 5/7/90. Statutory Authority: RCW 19.27.085, 19.27A.040,
                           (Order 87-19), § 365-110-050, filed 9/18/87. Statutory     43.63A.060, 43.63A.065 and 1987 1st ex.s. c 7 § 217(14). 87-19-110 (Order
                           Authority: 1985 c 144 and 360, 1985 1st ex.s. c 6, RCW     87-19), § 365-110-035, filed 9/18/87. Statutory Authority: 1985 c 144 and
                           43.63A.060 and 43.63A.065. 85-19-042 (Order 85-10),        360, 1985 1st ex.s. c 6, RCW 43.63A.060 and 43.63A.065. 85-19-042 (Order
                           § 365-110-050, filed 9/13/85.] Repealed by 90-09-008       85-10), § 365-110-035, filed 9/13/85.]
(2009 Ed.)                                                                                                                             [Title 365 WAC—p. 21]
Chapter 365-120                                        Title 365 WAC: Community Development

               Chapter 365-120 WAC
     Chapter 365-120


                                                                                     gency shelter assistance for some period during the most
      STATE FUNDING OF LOCAL EMERGENCY                                               recent fiscal year.
      SHELTER AND TRANSITIONAL HOUSING,                                                    (6) "Department" means the department of community,
        OPERATING AND RENT PROGRAMS                                                  trade, and economic development.
WAC                                                                                        (7) "Detoxification center" means a public or private
365-120-010            Authority.                                                    agency or program of an agency that is operated for the pur-
365-120-020            Purpose.                                                      pose of providing residential detoxification services for those
365-120-030            Definitions.
365-120-040            Contractor funding allocation and distribution.               suffering from acute alcoholism.
365-120-050            Funding application process.                                        (8) "Director" means the director of the department of
365-120-060            Eligibility for all applicants.
365-120-070            Eligibility for emergency shelter assistance.
                                                                                     community, trade, and economic development.
365-120-080            Eligibility for operating assistance for transitional hous-         (9) "Emergency shelter assistance program" means the
                            ing.                                                     statewide administrative activities carried out within the
365-120-090            Eligibility for rental assistance.
                                                                                     department of community, trade, and economic development
     365-120-010
                                                                                     to allocate, award, and monitor state funds appropriated to
     WAC 365-120-010 Authority. These rules are adopted                              assist local emergency shelter and homelessness prevention
under the authority of RCW 43.63A.060 which provides that                            programs.
the director shall make such rules and regulations and do all                              (10) "Emergency shelter program" means a program
other things necessary and proper to carry out the purposes of                       within a local agency or organization that provides emer-
chapter 43.63A RCW. RCW 43.63A.065(2) provides that                                  gency shelter assistance.
among its functions and responsibilities the department shall                              (11) "Families" means pregnant women or one or more
administer state and federal grants and programs which are                           adults with dependent children under eighteen, including
assigned to the department by the governor or the legislature.                       pregnant and parenting teens.
RCW 43.63A.650 provides that the department shall be the                                   (12) "Group care facility" means an agency maintained
principal state department responsible for providing shelter                         and operated for the care of a group of children on a twenty-
and housing services to homeless families with children.                             four-hour basis.
[Statutory Authority: Chapter 43.63A RCW, RCW [43.]63A.650, and 1999                       (13) "Homeless" means persons, including families,
c 267. 00-05-020, § 365-120-010, filed 2/8/00, effective 3/10/00. Statutory          who, on one particular day or night, do not have a decent and
Authority: RCW 43.63A.060. 87-19-112 (Order 87-12), § 365-120-010,
filed 9/18/87; 86-03-008 (Order 85-19), § 365-120-010, filed 1/6/86.]                safe shelter or sufficient funds to purchase a place to stay.
                                                                                           (14) "Homelessness prevention" means the following
     WAC 365-120-020 Purpose. The purpose of this chap-
     365-120-020
                                                                                     activities or programs designed to prevent the incidence of
ter is to set forth the conditions and procedures under which                        homelessness:
state funding will be made available to assist local emergency                             (a) Subsidies to help defray rent or mortgage arrearages
shelter assistance or transitional housing, operating and rent                       for individuals or families faced with eviction or foreclosure.
programs.                                                                                  (b) Security and damage deposits to enable a homeless
                                                                                     individual or family to move into their own housing.
[Statutory Authority: Chapter 43.63A RCW, RCW [43.]63A.650, and 1999
c 267. 00-05-020, § 365-120-020, filed 2/8/00, effective 3/10/00. Statutory                (c) Initial rent costs to enable a homeless individual or
Authority: RCW 43.63A.060. 86-03-008 (Order 85-19), § 365-120-020,                   family to move into his or her own housing.
filed 1/6/86.]                                                                             (d) Case management to assist individuals and families
                                                                                     to remain in their housing or to look for permanent housing.
     WAC 365-120-030 Definitions. (1) "Applicant" means                                    (e) Landlord-tenant mediation, conciliation or other
     365-120-030




a public or private nonprofit organization or agency, includ-                        forms of dispute resolution or negotiation which will keep
ing local government entities, or a combination thereof,                             people in housing or help people with housing barriers to
which applies for state emergency shelter or transitional                            obtain a lease.
housing program funds.                                                                     (15) "Housing stability plan" means a set of goals and
     (2) "Congregate care facility" means a licensed boarding                        course of action set by the assisted family and housing sup-
home or a licensed private establishment which has entered                           port staff, to aid the family in transitioning to stable housing
into a congregate care contract with the department of social                        and the highest attainable level of self-sufficiency.
and health services.                                                                       (16) "Participating agency" means a local public or pri-
     (3) "Contractor" means an applicant who has been                                vate nonprofit organization, which enters into a subcontract
awarded state funds under the emergency shelter or transi-                           with a lead agency contractor to provide emergency shelter
tional housing, operating and rent program and which has                             assistance.
entered into a contract with the department to provide emer-                               (17) "Religious service" means any sectarian or nonde-
gency shelter or transitional housing services.                                      nominational service, rite, or meeting that involves worship
     (4) "Crisis residential center" means an agency operated                        of a higher being.
under contract with the department of social and health ser-                               (18) "Rental assistance" means no less than ninety-one
vices to provide temporary protective care to children in a                          days and no more than twenty-four months of assistance to
semi-secure residential facility in the performance of duties                        help homeless families with children pay the cost of rent and
specified and in a manner provided in RCW 13.32A.010                                 utilities for amounts that are consistent with local practices.
through 13.32A.200 and 74.13.032 through 74.13.036.                                        (19) "Safe home" means a private home where short-
     (5) "Current or continuous provider" means an agency or                         term emergency shelter is provided primarily to victims of
organization that currently provides or has provided emer-                           domestic violence.
[Title 365 WAC—p. 22]                                                                                                                      (2009 Ed.)
                                           State Funding of Local Emergency Shelter Programs                                             365-120-090

     (20) "Short-term" means one to ninety days.                              [Statutory Authority: Chapter 43.63A RCW, RCW [43.]63A.650, and 1999
                                                                              c 267. 00-05-020, § 365-120-060, filed 2/8/00, effective 3/10/00. Statutory
     (21) "Transitional housing" means housing provided for                   Authority: RCW 43.63A.060. 87-19-112 (Order 87-12), § 365-120-060,
no less than ninety-one days and no more than twenty-four                     filed 9/18/87; 86-20-011 (Order 86-15), § 365-120-060, filed 9/22/86; 86-
months.                                                                       03-008 (Order 85-19), § 365-120-060, filed 1/6/86.]
     (22) "Transitional housing, operating and rent program"
or "transitional housing program" means the statewide                              365-120-070


                                                                                   WAC 365-120-070 Eligibility for emergency shelter
administrative activities carried out within the department to                assistance. (1) The applicant must have been a provider of
allocate, award and monitor state funds appropriated to local                 emergency shelter for one year prior to the beginning date of
communities to provide operating assistance for transitional                  the contract year or serve an area or population of demon-
housing units and partial rental assistance to homeless fami-                 strated unmet need determined by a consortium of service
lies with children.                                                           providers in a county.
     (23) "Voucher system" means a method of purchasing                            (2) The applicant must not require residency in the des-
emergency shelter assistance by the night using a notification                ignated service area as a requirement for a homeless person to
coupon.                                                                       receive services.
[Statutory Authority: Chapter 43.63A RCW, RCW [43.]63A.650, and 1999               (3) The applicant must not deny shelter to a homeless
c 267. 00-05-020, § 365-120-030, filed 2/8/00, effective 3/10/00. Statutory   person or family because of inability to pay.
Authority: RCW 43.63A.060. 87-19-112 (Order 87-12), § 365-120-030,
filed 9/18/87; 86-20-011 (Order 86-15), § 365-120-030, filed 9/22/86; 86-
                                                                                   (4) The applicant must provide homelessness prevention
03-008 (Order 85-19), § 365-120-030, filed 1/6/86.]                           assistance or short-term emergency shelter assistance directly
                                                                              through a shelter facility, a voucher system, or a safe home.
     365-120-040


     WAC 365-120-040 Contractor funding allocation                                 (5) The applicant for lead agency contractor must be
and distribution. Funds will be distributed statewide to suc-                 authorized by the participating agencies within each county
cessful applicants according to department formulas. The                      for which funds are applied.
department will give priority in the awarding of allocations                       (6) The applicant for lead agency contractor may or may
under the emergency shelter assistance program to applicants                  not actually provide emergency shelter or homelessness pre-
who serve families and children in need of shelter.                           vention assistance.
     The department will pay for services provided under the                       (7) Group care facilities, crisis residential centers, con-
state emergency shelter and transitional housing programs                     gregate care facilities, and detoxification centers are not eli-
after the contractor submits a monthly report of expenditures                 gible to receive emergency shelter assistance funding.
incurred and a request for reimbursement, and any other                       [Statutory Authority: Chapter 43.63A RCW, RCW [43.]63A.650, and 1999
reports or information required by department guidelines.                     c 267. 00-05-020, § 365-120-070, filed 2/8/00, effective 3/10/00.]
Reports and requests for reimbursement may be submitted on
                                                                                   365-120-080


a less frequent basis if approved by the department.                               WAC 365-120-080 Eligibility for operating assis-
[Statutory Authority: Chapter 43.63A RCW, RCW [43.]63A.650, and 1999          tance for transitional housing. (1) Projects must provide
c 267. 00-05-020, § 365-120-040, filed 2/8/00, effective 3/10/00. Statutory   transitional housing in a structure designed for the targeted
Authority: RCW 43.63A.060. 87-19-112 (Order 87-12), § 365-120-040,            population of homeless families with children whose
filed 9/18/87; 86-20-011 (Order 86-15), § 365-120-040, filed 9/22/86; 86-     incomes are at or below fifty percent of the area median
03-008 (Order 85-19), § 365-120-040, filed 1/6/86.]
                                                                              income.
     365-120-050                                                                   (2) Operating subsidies shall not exceed thirty percent of
     WAC 365-120-050 Funding application process. (1)                         the project's core operating budget for the year.
The department will notify potential applicants that in order
                                                                                   (3) Rents shall not exceed fifty percent of the income of
to be considered for state emergency shelter assistance and
                                                                              the targeted population.
transitional housing, operating and rent grants, applications
must be submitted to the department.                                          [Statutory Authority: Chapter 43.63A RCW, RCW 43.63A.650, 1999 c 267.
                                                                              02-05-012, § 365-120-080, filed 2/8/02, effective 3/11/02; 00-05-020, § 365-
     (2) Department funds may not be substituted for other                    120-080, filed 2/8/00, effective 3/10/00.]
existing funding sources.
     (3) The department shall notify successful applicants and                     365-120-090


                                                                                   WAC 365-120-090 Eligibility for rental assistance.
shall provide to each of them a contract for signature. This                  (1) Programs must provide rental assistance to homeless fam-
contract must be signed by an official with authority to bind                 ilies with children whose incomes are at or below fifty per-
the applicant and must be returned to the department prior to                 cent of the area median.
the award of any funds under this program.
                                                                                   (2) Assistance must be provided for no less than ninety-
[Statutory Authority: Chapter 43.63A RCW, RCW [43.]63A.650, and 1999          one days and no more than twenty-four months to help pay
c 267. 00-05-020, § 365-120-050, filed 2/8/00, effective 3/10/00. Statutory
Authority: RCW 43.63A.060. 87-19-112 (Order 87-12), § 365-120-050,
                                                                              the cost of rent and utilities.
filed 9/18/87; 86-20-011 (Order 86-15), § 365-120-050, filed 9/22/86; 86-          (3) Households must sign a written agreement to partici-
03-008 (Order 85-19), § 365-120-050, filed 1/6/86.]                           pate in a housing stability plan.
                                                                                   (4) Rent subsidies must be appropriate to individual fam-
     365-120-060


    WAC 365-120-060 Eligibility for all applicants. (1)                       ily incomes.
The applicant must not require participation in a religious                        (5) Local program administrators must have written pro-
service as a condition of receiving emergency shelter.                        gram policies and procedures describing tenant selection,
    (2) The applicant must practice nondiscrimination in                      assistance denial or termination, housing safety standards,
providing services and employment.                                            and a minimum tenant rent payment.
(2009 Ed.)                                                                                                                      [Title 365 WAC—p. 23]
Chapter 365-130                                         Title 365 WAC: Community Development

[Statutory Authority: Chapter 43.63A RCW, RCW [43.]63A.650, and 1999              (3) When the state fiscal agency acts as the bond regis-
c 267. 00-05-020, § 365-120-090, filed 2/8/00, effective 3/10/00.]          trar for a local government, the state fiscal agency will return
                                                                            the completed form and pertinent documents to the depart-
     Chapter 365-130
                           Chapter 365-130 WAC                              ment of community development within thirty days of the
                       BOND USERS CLEARINGHOUSE                             bond issuance.
                                                                                  (4) State agencies issuing bonds are requested to volun-
WAC                                                                         tarily submit the completed form or the equivalent informa-
365-130-010               Purpose of the bond users clearinghouse.
365-130-020               Definitions.                                      tion to the department of community development within
365-130-030               Collection of municipal bond information.         thirty days of the bond issuance.
365-130-040               Publication of municipal bond information.
                                                                            [Statutory Authority: RCW 43.63A.155. 86-06-024 (Order 85-18), § 365-
                                                                            130-030, filed 2/27/86.]
     WAC 365-130-010 Purpose of the bond users clear-
     365-130-010




inghouse. In accordance with chapter 39.44 RCW, RCW                              WAC 365-130-040 Publication of municipal bond
                                                                                 365-130-040




43.63A.155, and chapter 130, Laws of 1985, the department                   information. The department of community development
of community development will maintain records of bonds                     will publish summaries of bond issues at least annually. Bond
issued by local governments in the state of Washington. The                 users clearinghouse summaries will be available to local gov-
purpose of the bond users clearinghouse is to collect informa-              ernments, the legislature, state agencies, and the general pub-
tion which identifies the amount, type, and cost of municipal               lic upon request.
bonds being issued. The bond users clearinghouse will serve                 [Statutory Authority: RCW 43.63A.155. 86-06-024 (Order 85-18), § 365-
as an information source for local governments regarding the                130-040, filed 2/27/86.]
municipal bond market and as a public record of municipal
bond issues.                                                                     Chapter 365-135
                                                                                                     Chapter 365-135 WAC
[Statutory Authority: RCW 43.63A.155. 86-06-024 (Order 85-18), § 365-
130-010, filed 2/27/86.]                                                                           BOND CAP ALLOCATION
                                                                            WAC
     WAC 365-130-020 Definitions. (1) "Local govern-
     365-130-020

                                                                            365-135-010            Purpose.
ment" means any county, city, town, special purpose district,               365-135-020            Definitions.
                                                                            365-135-030            Initial allocations.
political subdivision, municipal corporation, or quasi-munic-               365-135-035            Reallocations.
ipal corporation, including any public corporation created by               365-135-040            Procedure for obtaining an allocation, extension, or car-
                                                                                                        ryforward.
such an entity.                                                             365-135-050            Fees.
     (2) "Bond" means any agreement which may or may not                    365-135-060            Criteria for small issue (industrial revenue) bonds.
be represented by a physical instrument, including notes,                   365-135-070            Criteria for exempt facility bonds.
warrants, or certificates of indebtedness, that evidences an
                                                                                 WAC 365-135-010 Purpose. The federal Tax Reform
                                                                                 365-135-010


indebtedness of a state or a local government or a fund
thereof, where the state or local government agrees to pay a                Act of 1986 imposes an annual ceiling on each state limiting
specified amount of money, with or without interest, at a des-              the dollar volume of certain private activity bonds that can be
ignated time or times to either registered owners or bearers,               issued. To allocate this ceiling among eligible issuers in
and also including any other indebtedness that may be issued                Washington state, chapter 297, Laws of 1987 has been
by the state or local government to fund private activities or              enacted. In accordance with the statute, the department of
purposes where the indebtedness is of a nonrecourse nature                  community, trade, and economic development will allocate
payable from private sources, except obligations subject to                 the state's private activity bond ceiling and establish by rule a
chapter 39.84 RCW.                                                          fee schedule. The department will carry out such functions
[Statutory Authority: RCW 43.63A.155. 86-06-024 (Order 85-18), § 365-
                                                                            through the bond cap allocation program (BCAP).
130-020, filed 2/27/86.]                                                    [Statutory Authority: Chapter 39.86 RCW and RCW 43.330.040 (2)(g). 97-
                                                                            02-093, § 365-135-010, filed 1/2/97, effective 2/2/97. Statutory Authority:
                                                                            1987 c 297. 87-19-082 (Order 87-18), § 365-135-010, filed 9/16/87.]
     WAC 365-130-030 Collection of municipal bond
     365-130-030




information. (1) The department of community development
                                                                                 WAC 365-135-020 Definitions. The definitions in this
                                                                                 365-135-020



will supply to local governments and state agencies a form
for reporting bond issue information. Information to be                     section apply throughout this chapter unless the context
reported will be based on the requirements of RCW 39.44.-                   clearly provides otherwise.
210, 39.44.230, and chapter 130, Laws of 1985, and will                          Allocation fee: The total fee paid by the issuer to the
include the names of the principals involved in the bond                    department for receiving allocation from the BCAP. It is
issue, in conjunction with the purpose of the bond users clear-             assessed by the department based on multiplying the
inghouse, as stated in WAC 365-130-010. Copies of the bond                  requested allocation amount by the following figures:
covenants and the official statement may also be required.                   December 31, 1999, through June 30, 2000                             .00026
     (2) Local governments, except those for whom the state                  July 1, 2000, through June 30, 2001                                .000269
fiscal agency acts as the bond registrar, must return the com-               July 1, 2001, and thereafter                                      .000277;
pleted form and any other pertinent documents requested,
including a copy of the bond covenants, to the department of                or five hundred dollars, whichever is greater. The allocation
community development within thirty days of the bond issu-                  fee, which includes the nonrefundable five hundred dollar fil-
ance.                                                                       ing fee, is due from the issuer upon filing an application.
[Title 365 WAC—p. 24]                                                                                                                            (2009 Ed.)
                                                                  Bond Cap Allocation                                                      365-135-050

     Department: The Washington state department of com-                              (vii) Diverts solid waste from disposal and manufactures
munity, trade, and economic development.                                        it into value-added products;
     Extension fee: The fee the department may assess when                            (viii) Encourages the environmentally sound handling of
an issuer requests and is granted an extension for issuing the                  solid waste using best management's practices; or
allocation or carryforward of the allocation. The amount of                           (ix) Produces competitively priced energy for use in the
the fee will not exceed two hundred fifty dollars and is non-                   state.
refundable.                                                                           (b) The criteria in this section and other applicable crite-
     Filing fee: The nonrefundable five hundred dollar por-                     ria otherwise established in statute and rule shall not be con-
tion of the allocation fee.                                                     sidered as ranked in any particular order but shall be weighed
     Reallocation: The assignment of an unused portion of                       and balanced for each application and among applications in
the state ceiling from one bond use category to another or the                  making allocation decisions.
provision of a certificate of approval to any issuer for an allo-               [Statutory Authority: Chapter 39.86 RCW and RCW 43.330.040 (2)(g). 97-
cation amount which previously had been returned to the                         02-093, § 365-135-035, filed 1/2/97, effective 2/2/97.]
department.
     Statute: Chapter 39.86 RCW.                                                     365-135-040

                                                                                      WAC 365-135-040 Procedure for obtaining an allo-
[Statutory Authority: Chapter 39.86 RCW. 00-02-061, § 365-135-020, filed        cation, extension, or carryforward. No issuer may receive
1/3/00, effective 2/3/00. Statutory Authority: Chapter 39.86 RCW and RCW        an allocation of the state ceiling without a certificate of
43.330.040 (2)(g). 97-02-093, § 365-135-020, filed 1/2/97, effective 2/2/97.    approval from the department.
Statutory Authority: Chapter 39.86 RCW. 93-13-012 (Order 93-05), § 365-
135-020, filed 6/7/93, effective 1/1/94. Statutory Authority: 1987 c 297. 87-         Issuers may apply for a certificate of approval by submit-
19-082 (Order 87-18), § 365-135-020, filed 9/16/87.]                            ting a completed allocation request form to the department
                                                                                and paying an allocation fee. An allocation request form will
     365-135-030


     WAC 365-135-030 Initial allocations. Initial alloca-                       be available from the department.
tions shall be made in accordance with provisions of the stat-                        The department will respond to any such completed
ute. In addition, until September 1 of each calendar year, at                   request in accordance with the statute. If an issuer does not
least twenty-five percent of the initial allocation for the small               issue private activity bonds or mortgage credit certificates in
issue bond use category shall be reserved for the community                     the amount and by the date for which it has received a certif-
economic revitalization board's umbrella bond program,                          icate of approval, the unused amount shall revert to the
except that this amount may be reduced if the board indicates                   department for reallocation, unless an extension or carryfor-
that a reduced amount is appropriate.                                           ward is granted.
                                                                                      An issuer may apply for an extension or carryforward of
[Statutory Authority: 1987 c 297. 87-19-082 (Order 87-18), § 365-135-030,
filed 9/16/87.]                                                                 its allocation by submitting its request to the department and
                                                                                supplying any additional information required by the depart-
     365-135-035


     WAC 365-135-035 Reallocations. (1) Housing pro-                            ment. The department will promptly notify the issuer if any
grams and projects will be given priority for the first fifty per-              fees are due and respond to the request for extension or carry-
cent of the bond cap available after September 1 each year                      forward in a timely manner.
because of the need for affordable housing, the program's                             The housing category will be given priority for carryfor-
ability to serve lower-income households, its contribution to                   ward allocations.
and support of economic development and long-term benefits                      [Statutory Authority: Chapter 39.86 RCW and RCW 43.330.040 (2)(g). 97-
that may be achieved.                                                           02-093, § 365-135-040, filed 1/2/97, effective 2/2/97. Statutory Authority:
                                                                                Chapter 39.86 RCW. 93-13-012 (Order 93-05), § 365-135-040, filed 6/7/93,
     (2) Bond cap will consider other categories of applica-                    effective 1/1/94. Statutory Authority: 1987 c 297. 87-19-082 (Order 87-18),
tions including industrial development bonds, exempt facili-                    § 365-135-040, filed 9/16/87.]
ties, public utility districts, and student loans for allocation
from the remaining bond cap available after September 1.                             365-135-050

                                                                                     WAC 365-135-050 Fees. (1) A fee schedule is hereby
     (a) The program will consider and then evaluate and bal-                   established, which will consist of:
ance the public benefits listed in statute and in rule in making                     (a) An allocation fee, due at the time a request is filed
allocation decisions. Allocations will be based upon the like-                  with the department of community, trade, and economic
lihood of a project achieving the highest overall public pur-                   development; and
poses and the degree to which a project:                                             (b) In certain cases, an extension or carryforward fee.
     (i) Provides an economic boost to an economically dis-                          If an issuer's allocation request is denied, the allocation
tressed community (based on the three-year unemployment                         fee, less the five hundred dollar filing fee, will be refunded.
figures from employment security);                                                   Annually, the department will determine if an adjust-
     (ii) Creates or retains jobs that pay higher than the                      ment of the fees is warranted by reviewing the account of
median wage for the county in which it is located, in sustain-                  BCAP revenues and expenses for the preceding fiscal year
able industries, particularly for lower-income persons;                         and by considering BCAP budget projections for the follow-
     (iii) Retains or expands the local tax base;                               ing fiscal year.
     (iv) Encourages and facilitates the provision of student                        (2) Payment of the fees will occur as indicated by the
loans for institutions of higher education;                                     schedule below.
     (v) Reduces environmental pollution;                                            (a) Filing. Upon filing an allocation request, the issuer
     (vi) Facilitates investments in new manufacturing tech-                    must submit the total allocation fee, of which the five hun-
nologies enabling Washington industries to stay competitive;                    dred dollar filing fee is nonrefundable.
(2009 Ed.)                                                                                                                       [Title 365 WAC—p. 25]
365-135-060                                       Title 365 WAC: Community Development

     (b) Extensions and carryforwards. The department may                     have priority over those that do not. Projects that will be
assess an extension fee, not to exceed two hundred fifty dol-                 located in enterprise communities, neighborhood empower-
lars, upon any request for extension or carryforward. The                     ment zones, or distressed areas will be accorded priority over
extension fee must be paid prior to the extension being                       other projects.
granted. However, if the BCAP administrator determines that                        (5) Priority will be given to projects that result in pub-
an issuer's allocation fee included a sufficient amount to pay                licly owned facilities over privately owned facilities.
for the additional administrative expenses associated with                         (6) If the department finds that a particular project does
granting or denying such a request, the additional fee shall be               not meet the guidelines in this section, but is nonetheless in
waived.                                                                       the best interest of the state, the department may approve the
     (c) Refunds. If a requesting issuer pays any fee greater                 request. Factors that may lead to such a finding include the
than the amount assessed by the department, that amount                       following:
shall be refunded by the department.                                               (a) The level of unemployment in a particular commu-
     If the allocation request is denied or a partial allocation is           nity within a county, to the extent that figures are available
approved, the issuer will receive either a full or partial refund             from the Washington state employment security department;
of the allocation fee, less the five hundred dollar filing fee.               and
Once the allocation amount is approved, the allocation fee is                      (b) The number of secondary or spin-off jobs expected to
not refundable, even if the issuer does not issue all or any of               be generated by the project.
the approved allocation.                                                           (7) If demand for allocation exceeds the amount avail-
[Statutory Authority: Chapter 39.86 RCW and RCW 43.330.040 (2)(g). 97-        able, priority will be given to counties designated as dis-
02-093, § 365-135-050, filed 1/2/97, effective 2/2/97. Statutory Authority:   tressed, using unemployment figures from the employment
Chapter 39.86 RCW. 93-13-012 (Order 93-05), § 365-135-050, filed 6/7/93,      security department.
effective 1/1/94. Statutory Authority: 1987 c 297. 87-19-082 (Order 87-18),        (8) The department will review these guidelines at least
§ 365-135-050, filed 9/16/87.]
                                                                              annually.
     365-135-060                                                              [Statutory Authority: Chapter 39.86 RCW and RCW 43.330.040 (2)(g). 97-
     WAC 365-135-060 Criteria for small issue (indus-                         02-093, § 365-135-060, filed 1/2/97, effective 2/2/97. Statutory Authority:
trial revenue) bonds. In addition to the statute, the following               1987 c 297. 87-19-082 (Order 87-18), § 365-135-060, filed 9/16/87.]
guidelines will be used as criteria for evaluating small issue
requests:                                                                          365-135-070

                                                                                   WAC 365-135-070 Criteria for exempt facility
     (1) Until June 1 of each year, a minimum percentage of                   bonds. (1) In addition to the state statute, the following
the ceiling available for small issues will be set aside for issu-            guidelines will be used as criteria for evaluating exempt facil-
ers in those locations which BCAP designates by certain geo-                  ity requests:
graphic and distress indicators, as follows:                                       (a) Until September 1st of each year, any one exempt
                                                                              facility project may not receive more than thirty percent of
Designation                                   Allocation set-aside
                                                                              the initial allocation amount available in the exempt facility
East/distressed                                 15% or greater
                                                                              category.
West/distressed                                 15% or greater
                                                                                   (b) The level of unemployment in a particular commu-
East/nondistressed                              10% or greater
                                                                              nity within a county, to the extent that figures are available
     (2) In evaluating the number of jobs created or retained a               from the Washington state employment security department.
project would offer in relationship to the dollars which would                     (c) The number of direct jobs and secondary or spin-off
be allocated from the ceiling, priority will be given to those                jobs expected to be generated by the project.
projects, relative to their appropriate designation, which do                      (d) The degree to which the project proposes to provide
not exceed the following ratios for dollars allocated per job:                jobs for lower-income persons from the community.
                                                                                   (e) The number of jobs created in proportion to the
                                                   $ (in thousands)           amount of the bond cap allocation.
Designation                                         per job offered                (f) The proportionate number of persons in relationship
East/distressed                                       $192.2/job              to the size of the community who will benefit from the
East/nondistressed                                     121.6/job              project.
West/distressed                                        146.2/job                   (g) The degree to which the project provides an eco-
West/nondistressed                                     106.6/job              nomic boost to an economically distressed community (based
Statewide                                              116.8/job              on the three-year unemployment figures from employment
     (3) The program will consider the number and type of                     security).
jobs that will be created or retained. Projects that create new                    (h) The degree to which the project retains or expands
jobs will, in general, have priority over others. Projects that               the local tax base.
involve relocation from one part of Washington to another                          (i) The degree to which the project reduces environmen-
will, in general, have a lower priority than those that create                tal pollution.
net new jobs, unless the relocation was caused through dis-                        (j) The degree to which the project diverts solid waste
placement for other job creating or economic development                      from disposal and manufactures it into value-added products.
activity.                                                                          (k) The degree to which the project produces energy at a
     (4) Projects that involve the creation of semiskilled and                lower cost than alternative or existing energy sources.
skilled jobs as well as unskilled jobs, or that will provide spe-                  (l) The environmental benefit of the project to the partic-
cial training and promotion opportunities to employees, will                  ular community, the county or the state.
[Title 365 WAC—p. 26]                                                                                                                         (2009 Ed.)
                                                State Funding of Local Emergency Food Programs                                               365-140-030

     (m) The availability of bond cap from the exempt facility                                    DISPOSITION OF SECTIONS FORMERLY
                                                                                                       CODIFIED IN THIS CHAPTER
category.
     (n) Recognize and accommodate the unique timing, and                      365-140-045            Pilot project for consolidated emergency food assistance
                                                                                                      program. [Statutory Authority: RCW 43.63A.060 and
issuance needs of large scale projects that may require alloca-                                       1992 c 232 § 222(5). 94-18-073, § 365-140-045, filed
tions in more than one year.                                                                          9/2/94, effective 10/3/94.] Repealed by 95-12-002, filed
     (o) Projects that result in publicly owned facilities over                                       5/24/95, effective 7/1/95. Statutory Authority: RCW
                                                                                                      43.63A.060
privately owned facilities.
     (2) Exempt facility applications will not be considered                        365-140-010



for allocation until:                                                               WAC 365-140-010 Authority. These rules are adopted
     (a) The department receives:                                              under the authority of RCW 43.330.040 (2)(g) which pro-
     (i) A list of all permits required to complete the project                vides that the director shall adopt rules necessary to carry out
and the date each permit application was submitted to and/or                   the purposes of the chapter. RCW 43.330.130 provides that
granted by the appropriate authority;                                          among its functions and responsibilities the department shall
     (ii) A copy of any environmental impact statements; and                   coordinate services to communities that are directed to the
     (b) Significant progress is demonstrated in securing                      poor and disadvantaged, including emergency food assis-
project financing.                                                             tance.
     (3) The criteria in this section and other applicable crite-              [Statutory Authority: RCW 43.330.040. 99-15-062, § 365-140-010, filed
ria otherwise established in rule and statute shall not be con-                7/16/99, effective 8/16/99. Statutory Authority: RCW 43.63A.060. 87-19-
                                                                               113 (Order 87-11), § 365-140-010, filed 9/18/87; 86-08-043 (Order 85-15),
sidered as ranked in any particular order but shall be weighed                 § 365-140-010, filed 3/27/86.]
and balanced for each application and among applications in
making allocation decisions.                                                        365-140-020


                                                                                    WAC 365-140-020 Purpose. The purpose of this chap-
     (4) After September 1st of each year, the department
                                                                               ter is to set forth the conditions and procedures under which
may approve an allocation amount prior to the issuer com-
                                                                               state funding will be made available to assist local emergency
pleting all of the criteria listed above.
                                                                               food programs.
     (5) Exempt facility projects may receive an allocation in
order to convert taxable financing to tax-exempt financing,                    [Statutory Authority: RCW 43.63A.060. 86-08-043 (Order 85-15), § 365-
                                                                               140-020, filed 3/27/86.]
but only in January or September of any year. The request for
conversion will be compared against other requests for con-                         365-140-030



version and current exempt facility applications. Projects that                     WAC 365-140-030 Definitions. (1) "Department"
use the Washington economic development finance authority                      means the department of community, trade, and economic
to complete their financing will have priority over projects in                development.
obtaining future allocations to convert to tax-exempt financ-                       (2) "Director" means the director of the department of
ing. Conversion is only allowed within the federal guidelines                  community, trade, and economic development.
of one year after the project comes on-line or two calendar                         (3) "Food bank" means an emergency food program that
years after the Washington economic development finance                        distributes unprepared food without charge to its clients, is
authority financing is approved, whichever comes first.                        open a fixed number of hours and days each week or month,
     (6) Exempt facility projects up to $50,000,000 may                        and such hours and days are publicly posted.
receive an allocation for up to one hundred percent of the                          (4) "Food distributor" means a food distribution agency
total project cost. Projects from $50,000,001 to $75,000,000                   that collects, warehouses, and distributes food to emergency
may receive an allocation for up to ninety percent of the total                food programs and other charities on a county, regional, or
project cost. Projects from $75,000,001 to $100,000,000 may                    statewide basis.
receive an allocation for up to eighty percent of the total                         (5) "Commodity program" means a program that prima-
project cost. Projects over $100,000,000 may receive an allo-                  rily distributes USDA surplus commodities to clients
cation for up to seventy percent of the total project cost. A                  (TEFAP).
project may obtain additional allocation above these percent-                       (6) "Emergency food assistance program" means the
ages after September 1 of the last year of eligibility only if the             statewide activities of the department to assist local emer-
total demand for cap is lower than the amount available.                       gency food programs by allocating and awarding state funds.
[Statutory Authority: Chapter 39.86 RCW and RCW 43.330.040 (2)(g). 97-              (7) "Applicant" means a public or private nonprofit orga-
02-093, § 365-135-070, filed 1/2/97, effective 2/2/97. Statutory Authority:    nization, tribe or tribal organization which applies for state
Chapter 39.86 RCW. 93-13-012 (Order 93-05), § 365-135-070, filed 6/7/93,       emergency food assistance.
effective 1/1/94.]
                                                                                    (8) "Contractor" means an applicant which has been
                                                                               awarded state funds under the emergency food assistance
            Chapter 365-140 WAC
     Chapter 365-140
                                                                               program, and which has entered into a contract with the
 STATE FUNDING OF LOCAL EMERGENCY FOOD                                         department of community, trade, and economic development
                PROGRAMS                                                       to provide emergency food assistance to individuals.
WAC
                                                                                    (9) "Lead agency contractor" means a contractor which
365-140-010            Authority.
                                                                               may subcontract with one or more local food banks to pro-
365-140-020            Purpose.                                                vide emergency food assistance to individuals, and with food
365-140-030            Definitions.                                            distributors to provide food to food banks.
365-140-040            Contractor funding allocation and award of contracts.
365-140-050            Applicant eligibility criteria.                              (10) "Tribal food voucher program" means the statewide
365-140-060            Financial support application process.                  activities of the department which allocate and award state
(2009 Ed.)                                                                                                                          [Title 365 WAC—p. 27]
365-140-040                                       Title 365 WAC: Community Development

funds to tribes and tribal organizations that issue food vouch-                    (3) The department may award the combined allocation
ers to clients.                                                               for two or more counties to a single applicant.
      (11) "Religious service" means any sectarian or nonde-                       (4) The department shall award a contract to no more
nominational service, rite, or meeting that involves worship                  than one lead agency contractor in each county, with the
of a higher being.                                                            exception of King County, where there may be three lead
      (12) "Participating food bank" means a local public or                  agency contractors, to administer subcontracts with one or
private nonprofit food bank which enters into a subcontract                   more participating food banks and food distributors.
with a lead agency contractor to provide emergency food                            (5) Federally recognized tribes may apply to the depart-
assistance to individuals.                                                    ment directly for the food bank program without having to
      (13) "Emergency food" means food that is given to cli-                  subcontract with the lead agency. They must meet all the
ents who do not have the means to acquire that food them-                     same criteria and requirements as lead agencies.
selves, so that they will not go hungry.                                           (6) Within each lead agency service area, except for the
      (14) "Special dietary needs" mean funds to purchase                     additional funds specifically allocated for food banks in tim-
food that meets the nutritional needs of special needs popula-                ber and salmon dependent communities, funds shall be allo-
tion.                                                                         cated between food distributors, food banks, and special
      (15) "In-kind" means the value of volunteer services or                 dietary needs foods and training based on a two-thirds vote of
donated goods such as staff time, rent, food, supplies and                    all participating food banks and the lead agency.
transportation.                                                                    (7) The additional funds specifically allocated for food
      (16) "Administrative costs" mean management and gen-                    banks in timber and salmon dependent communities shall
eral expenses, including membership dues, that cannot be                      remain in the amounts identified by the legislature.
readily identified with a particular program or direct services.                   (8) If participating food banks designate funds for food
      (17) "Operational expenses" mean those costs clearly                    distribution, they shall elect with a two-thirds vote of the par-
identifiable with providing direct services to eligible clients,              ticipating food banks and the lead agency, an eligible distrib-
or distribution services to food banks such as staff time,                    utor as defined by the department. They may choose more
transportation costs, and equipment rental.                                   than one distributor with which to subcontract. The lead
                                                                              agency contractor shall be responsible for subcontracting
[Statutory Authority: RCW 43.330.040. 99-15-062, § 365-140-030, filed
7/16/99, effective 8/16/99. Statutory Authority: RCW 43.63A.060. 95-12-
                                                                              with the food distributor(s).
002, § 365-140-030, filed 5/24/95, effective 7/1/95. Statutory Authority:          (9) A formula for distributing the funds to each tribe and
RCW 43.63A.060 and 1992 c 232 § 222(5). 94-18-073, § 365-140-030, filed       tribal organization participating in the emergency food assis-
9/2/94, effective 10/3/94; 93-18-021 (Order 93-06), § 365-140-030, filed      tance program in proportion to need shall be established by
8/25/93, effective 9/25/93. Statutory Authority: RCW 43.63A.060. 87-19-
113 (Order 87-11), § 365-140-030, filed 9/18/87; 86-20-010 (Order 86-14),     the department in consultation with a committee consisting of
§ 365-140-030, filed 9/22/86; 86-08-043 (Order 85-15), § 365-140-030, filed   representatives from all tribes participating in the program.
3/27/86.]                                                                     This formula may only be changed at the beginning of a bien-
                                                                              nial contract period.
     365-140-040


     WAC 365-140-040 Contractor funding allocation                                 (10) The department shall pay for services provided
and award of contracts. At least seventy percent of the total                 under the emergency food assistance program after the con-
allocation appropriated by the legislature shall be contracted                tractor submits a monthly report of expenditures incurred and
to lead agency contractors. These funds shall be for the pur-                 a request for reimbursement.
pose of funding the activities of food banks and food distrib-                     (11) Tribes may apply for the food bank funds or the
utors, the purchase of special dietary needs foods, and pro-                  food voucher funds or both. Tribes will receive the same
viding special dietary needs training. The specific appropria-                amount of funds whether they participate in one or both pro-
tion for timber and salmon dependent communities shall be                     grams, computed as their share of the allocated EFAP tribal
contracted to food banks in those communities. Of the                         funds. It will be up to the discretion of each participating
remainder of the total allocation, not including department                   tribe how it allocates the EFAP funds.
administrative costs, allocations shall be contracted to a dis-                    (12) In the event that funds are not claimed by an eligible
cretionary program if the department elects to award such                     organization in a county or that a portion of the funds allo-
contracts, the tribal food voucher program, and additional                    cated to a county remains unspent, the lead agency contractor
special dietary needs training. Allocations for each county                   may request authorization from the department to reallocate
shall be contracted to lead agency contractors on the follow-                 funds, within its service area, to an area of unmet need.
ing basis:                                                                         (13) In the event that a portion of the funds allocated to a
     (1) A formula for distributing the funds in proportion to                subcontracting tribe within a tribal contractor's contract
need shall be established by the department in consultation                   remains unspent or unclaimed, the tribal contractor may
with a committee appointed by the director or the director's                  request authorization from the department to reallocate funds
designee.                                                                     to one of its other subcontracting tribes with unmet needs.
     This formula may only be changed at the beginning of a                   [Statutory Authority: RCW 43.330.040. 99-15-062, § 365-140-040, filed
biennial contract period.                                                     7/16/99, effective 8/16/99. Statutory Authority: RCW 43.63A.060. 95-12-
     (2) The department shall award the lead agency contract                  002, § 365-140-040, filed 5/24/95, effective 7/1/95. Statutory Authority:
                                                                              RCW 43.63A.060 and 1992 c 232 § 222(5). 93-18-021 (Order 93-06), § 365-
to an eligible contractor as defined by the department, that is               140-040, filed 8/25/93, effective 9/25/93. Statutory Authority: RCW
supported by a least two-thirds of the participating food                     43.63A.060. 89-22-032, § 365-140-040, filed 10/27/89, effective 11/27/89;
banks in a county.                                                            87-19-113 (Order 87-11), § 365-140-040, filed 9/18/87; 86-20-010 (Order
[Title 365 WAC—p. 28]                                                                                                                       (2009 Ed.)
                                            State Funding of Local Emergency Food Programs                                             365-140-060

86-14), § 365-140-040, filed 9/22/86; 86-08-043 (Order 85-15), § 365-140-          (3) Department funds may not supplant other existing
040, filed 3/27/86.]                                                          funding sources.
     365-140-050
                                                                                   (4) Department funds may not be used to defray costs of
     WAC 365-140-050 Applicant eligibility criteria. (1)                      distributing USDA commodities under the commodity pro-
The applicant must have a certified form from the IRS stating                 gram.
nonprofit status under section 501 (c)3, or be a public non-                       (5) The department shall notify successful applicants and
profit agency, be a recognized tribe, a tribal organization with              shall provide to each of them a contract for signature. This
501 (c)3 status, or an unrecognized tribe with 501 (c)3 status.               contract must be signed by an official with authority to bind
     (2) The applicant for funding as lead agency must have                   the applicant and must be returned to the department prior to
been operating as a public nonprofit or private nonprofit with                the award of any funds under this program.
501 (c)3 status for one year prior to the beginning date of the                    (6) Applicants that receive food bank or food distribution
contract.                                                                     funds are subject to the following fiscal requirements:
     (3) The applicant for funding as a participating food                         (a) The total funds from the department received by a
bank must have been operating as a public nonprofit or pri-                   nontribal lead agency contractor or a food distribution sub-
vate nonprofit with 501 (c)3 status food bank for one year                    contractor must be equally matched by funds from other
prior to the beginning date of the subcontract.                               sources during the fiscal year. No more than fifty percent of
     (4) The applicant for funding as a food distributor must                 that match may be documented in-kind contributions. Non-
have been operating as a public nonprofit or a private non-                   tribal participating food banks receiving funds from the
profit with 501 (c)3 status food distributor for one year prior               department have two options for matching funds: They may
to the beginning date of the contract.                                        equally match the EFAP funds, with no more than fifty per-
     (5) The applicant for lead agency or tribal contractor                   cent being documented in-kind contributions; if they do not
may or may not actually provide emergency food program                        have at least one-half of their minimum match as cash, they
services.                                                                     may match their department funds by at least two hundred
     (6) The applicant must practice nondiscrimination in                     percent in in-kind contributions from other sources.
providing services and employment.                                                 (b) Administrative costs for food bank and food distribu-
                                                                              tor subcontractors under this program are limited to ten per-
     (7) The applicant must not require participation in a reli-
                                                                              cent of their total contract award. Administrative costs for a
gious service as a condition of receiving emergency food or a
                                                                              lead agency contractor who also provides direct emergency
food voucher.
                                                                              food assistance services as a participating food bank and/or
     (8) Applicants within a county or multicounty region, or                 services as a food distributor are limited to ten percent of the
tribes with established parameters for service, may define                    contractor's allocation for providing direct services, ten per-
their service area boundaries for the purpose of equitably                    cent of the contractor’s allocation for providing direct ser-
allocating resources. The department encourages the provider                  vices, ten percent of the contractor's allocation for providing
to serve the client no matter what service areas the client                   food distributor services, and ten percent of the total contract
resides in. If appropriate, the provider may then refer the cli-              award as food bank lead agency; total administrative costs,
ent to the agency servicing the area in which the client                      however, may not exceed fifteen percent of the total contract
resides, or to the tribe which has established jurisdiction over              award. Administrative costs for agencies who are lead agency
the individual, for further assistance. Providers must practice               contractors only are limited to ten percent of their total con-
nondiscrimination when applying their service area policies.                  tract award.
     (9) The applicant may not charge for food or food vouch-                      (7) Tribal applicants are subject to the following fiscal
ers given to a client.                                                        requirements:
[Statutory Authority: RCW 43.330.040. 99-15-062, § 365-140-050, filed              (a) Tribal contractors and subcontractors must match
7/16/99, effective 8/16/99. Statutory Authority: RCW 43.63A.060. 95-12-       thirty-five percent of the funds received by the department for
002, § 365-140-050, filed 5/24/95, effective 7/1/95. Statutory Authority:
RCW 43.63A.060 and 1992 c 232 § 222(5). 94-18-073, § 365-140-050, filed
                                                                              the emergency food assistance program. No more than fifty
9/2/94, effective 10/3/94; 93-18-021 (Order 93-06), § 365-140-050, filed      percent of that match may be documented in-kind contribu-
8/25/93, effective 9/25/93. Statutory Authority: RCW 43.63A.060. 87-19-       tions.
113 (Order 87-11), § 365-140-050, filed 9/18/87; 86-20-010 (Order 86-14),          (b) Of a contract award allocated to the tribal food
§ 365-140-050, filed 9/22/86; 86-08-043 (Order 85-15), § 365-140-050, filed
3/27/86.]
                                                                              voucher program, tribal contractors may not spend more than
                                                                              ten percent on administrative costs, and five percent on oper-
     365-140-060                                                              ational expenditures. The balance of funds is to be used for
     WAC 365-140-060 Financial support application                            food vouchers issued to clients. Of funds allocated to the
process. (1) Potential applicants will be notified by the                     food bank program, tribal contractors are subject to the same
department that in order to be considered for state emergency                 spending requirements as nontribal food bank contractors as
food financial assistance, an application must be submitted to                per WAC 365-140-060 (6)(b).
the department.
                                                                              [Statutory Authority: RCW 43.330.040. 99-15-062, § 365-140-060, filed
     (2) An applicant must make formal application using                      7/16/99, effective 8/16/99. Statutory Authority: RCW 43.63A.060. 95-12-
forms issued and procedures established by the department.                    002, § 365-140-060, filed 5/24/95, effective 7/1/95. Statutory Authority:
Such application shall be for the period indicated on the con-                RCW 43.63A.060 and 1992 c 232 § 222(5). 93-18-021 (Order 93-06), § 365-
                                                                              140-060, filed 8/25/93, effective 9/25/93. Statutory Authority: RCW
tract face sheet. Failure of an applicant to make application in              43.63A.060. 87-19-113 (Order 87-11), § 365-140-060, filed 9/18/87; 86-20-
a timely manner, as specified by the department, may result                   010 (Order 86-14), § 365-140-060, filed 9/22/86; 86-08-043 (Order 85-15),
in denial of the funding request.                                             § 365-140-060, filed 3/27/86.]
(2009 Ed.)                                                                                                                    [Title 365 WAC—p. 29]
Chapter 365-150                                      Title 365 WAC: Community Development

            Chapter 365-150 WAC
     Chapter 365-150


                                                                                      (a) A loan fund application has been submitted by an eli-
   WASHINGTON STATE DEVELOPMENT LOAN                                             gible local government sponsor, signed by all parties, and all
                   FUND                                                          required supporting documentation has been provided.
WAC                                                                                   (b) A memorandum has been prepared by department
365-150-010            Authority.                                                staff which specifies how the application meets criteria set
365-150-020            Purpose.                                                  out in the fund enabling legislation and the loan fund guide-
365-150-030            Definitions.                                              lines. Such memorandum must be prepared by department
365-150-040            Committee meetings.
365-150-050            Financing conditioned upon completed application.         staff within a reasonable time from receipt of the completed
365-150-060            Criteria by which the committee will evaluate loan fund   application.
                            applications.
365-150-070            Public records.                                           [Statutory Authority: RCW 43.63A.060. 86-15-067 (Order 86-05), § 365-
365-150-080            Requests for reconsideration of committee decisions.      150-050, filed 7/22/86.]
365-150-090            Address for communication and application package
                            requests.                                                 365-150-060


                                                                                      WAC 365-150-060 Criteria by which the committee
     365-150-010                                                                 will evaluate loan fund applications. Applications shall be
    WAC 365-150-010 Authority. This chapter is promul-
                                                                                 evaluated pursuant to the conditions and limitations estab-
gated pursuant to the authority granted in RCW 43.63A.060
                                                                                 lished in RCW 43.168.050, and in guidelines for project
and 43.168.060.
                                                                                 funding promulgated by and available from the committee.
[Statutory Authority: RCW 43.63A.060. 86-15-067 (Order 86-05), § 365-
150-010, filed 7/22/86.]                                                         [Statutory Authority: RCW 43.63A.060. 86-15-067 (Order 86-05), § 365-
                                                                                 150-060, filed 7/22/86.]
     365-150-020


      WAC 365-150-020 Purpose. The purpose of this chap-                              365-150-070




ter is to establish the department of community development                           WAC 365-150-070 Public records. After an applica-
rules for the Washington state development loan fund, here-                      tion for financial assistance has been received, certain infor-
inafter referred to as the "fund," and the Washington state                      mation in the department's possession may be required to be
development loan fund committee, hereinafter referred to as                      made available for public inspection by applicable law. Cer-
the "committee."                                                                 tain other information shall be designated by the committee
      The purpose of the program is:                                             as confidential for protection of privacy interests and shall
      (a) To encourage investment by businesses and financial                    not be available to the public for inspection.
institutions in economically distressed areas, and                                    Criteria for determining what information shall be desig-
      (b) To make revolving loan funds available through local                   nated confidential as well as illustrative examples, are set out
governments for private sector enterprises which will create                     in the loan fund guidelines which are available upon request.
or retain jobs and promote economic development in areas of                           An applicant may request that specific information be
economic stagnation, unemployment and poverty.                                   kept confidential for protection of privacy interests. An appli-
                                                                                 cant making such a request must provide the department with
[Statutory Authority: RCW 43.63A.060. 86-15-067 (Order 86-05), § 365-
150-020, filed 7/22/86.]                                                         sufficient information to enable the department to indepen-
                                                                                 dently determine the likelihood of invasion of privacy inter-
     365-150-030


     WAC 365-150-030 Definitions. Whenever used in this                          ests of a business or competitive detriment sufficient to jus-
chapter, unless the context clearly indicates otherwise, the                     tify confidentiality.
definitions of terms in RCW 43.168.020 shall be considered                       [Statutory Authority: RCW 43.63A.060. 86-15-067 (Order 86-05), § 365-
the definition of terms used in this chapter.                                    150-070, filed 7/22/86.]

[Statutory Authority: RCW 43.63A.060. 86-15-067 (Order 86-05), § 365-                 365-150-080


150-030, filed 7/22/86.]                                                             WAC 365-150-080 Requests for reconsideration of
                                                                                 committee decisions. Any applicant whose completed pro-
     365-150-040


     WAC 365-150-040 Committee meetings. (1) Notice of                           posal is denied financing by the committee shall have the
the time and location of regular committee meetings will be                      opportunity to submit additional written materials to the com-
published annually in a January edition of the Washington                        mittee for their reconsideration, upon terms and conditions
State Register. A copy of the schedule of regular meetings                       established by the committee.
may also be obtained upon request from the committee at the                      [Statutory Authority: RCW 43.63A.060. 86-15-067 (Order 86-05), § 365-
address set out in WAC 365-150-090 herein.                                       150-080, filed 7/22/86.]
     (2) Special meetings of the committee may be called at
any time by the chairperson of the committee or by a majority                         365-150-090


                                                                                      WAC 365-150-090 Address for communication and
of the committee members. Notice of such special meetings                        application package requests. All communications with the
will be as provided by law.                                                      committee and its staff, including but not limited to, acquisi-
[Statutory Authority: RCW 43.63A.060. 86-15-067 (Order 86-05), § 365-            tion of program guidelines and application materials, submis-
150-040, filed 7/22/86.]                                                         sion of materials regarding participation in the development
                                                                                 loan fund program, or inquiries regarding the operation
     365-150-050


     WAC 365-150-050 Financing conditioned upon com-                             and/or administration of the committee, including the inspec-
pleted application. An application shall be deemed ready for                     tion of public records, or other matters, should be addressed
a final decision by the committee only when the manager of                       as follows: Development Loan Fund, Department of Com-
the fund certifies that the following events have occurred:                      munity Development, Ninth and Columbia Building, Mail-
[Title 365 WAC—p. 30]                                                                                                                       (2009 Ed.)
                                                               Energy Matchmakers                                                     365-180-070

stop GH-51, Olympia, Washington 98504-4151, 1-800-562-                     [Statutory Authority: Chapter 70.164 RCW. 92-03-019 (Order 92-01), §
5677 or (360) 753-4900.                                                    365-180-030, filed 1/7/92, effective 2/7/92. Statutory Authority: 1987 c 36.
                                                                           88-02-042 (Order 88-01), § 365-180-030, filed 1/4/88.]
[Statutory Authority: RCW 43.63A.060. 86-15-067 (Order 86-05), § 365-
150-090, filed 7/22/86.]                                                        365-180-040

                                                                                WAC 365-180-040 Program funding. The legislature
                                                                           determines the amount of funding available during a specific
     Chapter 365-180
                         Chapter 365-180 WAC                               biennium for low-income weatherization. Each county
                       ENERGY MATCHMAKERS                                  receives a "planning estimate" based on the number of low-
                                                                           income households and the climatic conditions of the county.
WAC                                                                        This "planning estimate" is available for low-income weath-
365-180-010             Authority.
365-180-020             Purpose.
                                                                           erization in each county if matching requirements are met.
365-180-030             Definitions.                                       Contingent on the availability of funds, the department may
365-180-040             Program funding.                                   award funds in an amount that exceeds the county's "planning
365-180-050             Proposal for use of funding.                       estimate."
365-180-060             Sponsor match.
365-180-070             Local coordinated plan—Funding proposal process—   [Statutory Authority: 1987 c 36. 88-02-042 (Order 88-01), § 365-180-040,
                             Award of contracts.                           filed 1/4/88.]
365-180-080             Eligibility criteria for clients.
365-180-090             Program services.                                       365-180-050

                                                                                WAC 365-180-050 Proposal for use of funding. (1)
     365-180-010                                                           Any public or private organization in Washington, Idaho, or
    WAC 365-180-010 Authority. These rules are adopted                     Oregon that conducts business in Washington state may pro-
under the authority of chapter 70.164 RCW.                                 pose funding for a geographical area(s) by submitting an
[Statutory Authority: 1987 c 36. 88-02-042 (Order 88-01), § 365-180-010,   energy matchmakers local coordinated plan.
filed 1/4/88.]                                                                  (2) Plans submitted to the department shall be the result
     365-180-020
                                                                           of local coordination and cooperation.
     WAC 365-180-020 Purpose. To set forth the conditions                       (3) Plans shall identify weatherizing agencies.
and procedures under which funding will be made available
                                                                           [Statutory Authority: 1987 c 36. 88-02-042 (Order 88-01), § 365-180-050,
to be used in combination with contributions to support local              filed 1/4/88.]
low-income weatherization programs.
[Statutory Authority: 1987 c 36. 88-02-042 (Order 88-01), § 365-180-020,
                                                                                365-180-060

                                                                                WAC 365-180-060 Sponsor match. (1) Plans submit-
filed 1/4/88.]                                                             ted by energy suppliers shall include a commitment of a
     365-180-030
                                                                           matching contribution. Matching contributions can be either
     WAC 365-180-030 Definitions. (1) "Department"                         cash, in-kind contributions, or both. The match must cover
means the department of community development.                             half of the total cost of the low-income weatherization being
     (2) "Energy matchmakers local coordinated plan" means                 proposed in the local area.
a proposal(s) for use of funding for local low-income weath-                    (2) Only resources that would not otherwise have been
erization programs in a specific geographical area.                        used for low-income weatherization will be considered as
     (3) "Low-income" means household income that is at or                 match.
below one hundred twenty-five percent of the federally estab-                   (3) A sponsor may pay the sponsor match as lump sum at
lished poverty level.                                                      the time of weatherization, or make yearly payments over a
     (4) "Nonutility sponsor" means an organization that is                period not to exceed ten years. When the sponsor elects to
not an energy supplier and that submits a local coordinated                make yearly payments, the value of the payments shall be
plan.                                                                      determined by the department, but shall not be less than the
     (5) "Residence" means a house, including a stationary                 value of the lump sum that would have been made.
mobile home, an apartment, a group of rooms, or a single                        (4) All match committed shall result in:
room occupied as separate living quarters; but excluding                        (a) Increasing the number of residences weatherized;
institutional buildings such as: A university, group care facil-                (b) Increasing weatherization measures installed on or in
ity, nursing home, half-way residence, hospital, hotel, motel,             the residence; or
etc.                                                                            (c) Otherwise increasing the thermal efficiency of the
     (6) "Sponsor" means an organization that submits a                    residence.
match proposal as part of the energy matchmakers local coor-                    (5) The department may place a cap on the amount of
dinated plan.                                                              match it will accept under subsection (4)(c) of this section.
     (7) "Sponsor match" means the share, if any, of the cost                   (6) Match waivers may be granted by the department for
of weatherization to be paid by the sponsor.                               plans submitted by nonutility sponsors.
     (8) "Weatherization" means materials or measures,                     [Statutory Authority: Chapter 70.164 RCW. 92-03-019 (Order 92-01), §
including the education of the low-income household about                  365-180-060, filed 1/7/92, effective 2/7/92. Statutory Authority: 1987 c 36.
energy saving behaviors in the home, and their installation or             88-02-042 (Order 88-01), § 365-180-060, filed 1/4/88.]
application, that are used to improve the thermal efficiency of
a residence.
                                                                                365-180-070

                                                                               WAC 365-180-070 Local coordinated plan—Fund-
     (9) "Weatherizing agency" means a public or nonprofit                 ing proposal process—Award of contracts. (1) A sponsor
private organization, approved by the department, responsi-                shall make a formal proposal using forms issued by the
ble for doing all aspects of the weatherization work.                      department.
(2009 Ed.)                                                                                                                   [Title 365 WAC—p. 31]
365-180-080                                        Title 365 WAC: Community Development

     (2) A review team will evaluate the energy matchmakers                              Chapter 365-185 WAC
                                                                                    Chapter 365-185




local coordinated plans, and will be composed of persons                       PROCEDURES FOR MANAGEMENT OF GROWTH
with knowledge of energy conservation and of community-                              MANAGEMENT PLANNING AND
based public and private service organizations.                                     ENVIRONMENTAL REVIEW FUND
     (3) Plans which include a commitment of matching                          WAC
resources will be given priority for funding.                                  365-185-010            Purpose and authority.
     (4) The department shall have the final discretion to                     365-185-020            Definitions.
award funds.                                                                   365-185-030            Eligibility criteria.
                                                                               365-185-040            Grant application process.
     (5) The department will enter into a contract with weath-                 365-185-050            Grant evaluation procedure.
erizing agencies identified in successful local coordinated                    365-185-060            Method of payment.
plans. This contract shall be signed by an official with author-
ity to bind the weatherizing agency and returned to the                             365-185-010


                                                                                   WAC 365-185-010 Purpose and authority. (1) The
department prior to the release of any funds under this pro-                   purpose of this chapter is to outline the conditions and proce-
gram.                                                                          dures by which the department of community, trade, and eco-
[Statutory Authority: 1987 c 36. 88-02-042 (Order 88-01), § 365-180-070,       nomic development will make available grants from the
filed 1/4/88.]                                                                 growth management planning and environmental review
     365-180-080
                                                                               fund to local governments required to plan or have chosen to
     WAC 365-180-080 Eligibility criteria for clients. (1)                     plan under RCW 36.70A.040 to assist them in complying
Total income of all household members shall be at or below                     with RCW 43.21C.240, 36.70B.050, 36.70B.060, and
one hundred twenty-five percent of the federally established                   36.70B.090.
poverty level; or households shall meet other qualifications                       (2) This activity is undertaken pursuant to RCW
established by the department for its low-income weatheriza-                   36.70A.500 and 43.21C.240.
tion program.                                                                  [Statutory Authority: RCW 36.70A.500 and 43.21C.240. 96-04-046, § 365-
     (2) Residences shall meet the qualifications established                  185-010, filed 2/5/96, effective 3/7/96.]
by the department for its low-income weatherization pro-
grams.                                                                              365-185-020


                                                                                    WAC 365-185-020 Definitions. (1) "Applicant" means
[Statutory Authority: 1987 c 36. 88-02-042 (Order 88-01), § 365-180-080,       a local government that has submitted an application for a
filed 1/4/88.]
                                                                               grant from the growth planning and environmental review
     365-180-090
                                                                               fund.
     WAC 365-180-090 Program services. (1) Weatheriz-                               (2) "Contractor" means an applicant which has executed
ing agencies shall provide weatherization services to eligible                 a contract for receipt of growth management planning and
low-income households in accordance with the "Washington                       environmental review funds with the department.
state low-income weatherization assistance program proce-                           (3) "Department" means the department of community,
dures and guidelines" established by the department.                           trade, and economic development.
     (2) No contribution may be required from the eligible                          (4) "Growth management planning and environmental
household.                                                                     review fund" means the growth management planning and
     (3) Full levels of all cost-effective structurally feasible               environmental review fund established pursuant to RCW
measures, as determined by the department, shall be installed                  36.70A.490.
when a residence is weatherized.                                                    (5) "Integrated permit process" means a system for inte-
     (4) No undue or excessive enhancement to a residence                      grating environmental review with review of project permits,
shall occur as a result of weatherization provided under this                  consistent with RCW 36.70B.050 and 36.70B.060.
chapter.
                                                                                    (6) "Integrated plan" means a detailed environmental
     (5) Before a leased or rented residence is weatherized,
                                                                               impact statement that is integrated with a comprehensive plan
the department's "property owner/ agency weatherization
                                                                               or subarea plan and development regulations.
agreement" form, or subsequent special conditions estab-
                                                                                    (7) "Local government" means a city or county that is
lished by the department when necessary to comply with
                                                                               required or has chosen to plan under RCW 36.70A.040 and
applicable state or federal law, must be signed by the owner
                                                                               43.21C.240.
of the building or the owner's authorized agent. Through this
form the landlord ensures that, at a minimum, during a period                  [Statutory Authority: RCW 36.70A.500 and 43.21C.240. 96-04-046, § 365-
                                                                               185-020, filed 2/5/96, effective 3/7/96.]
extending through one year following the date of completion
of the weatherization work, the amount of rent will not be                          365-185-030



raised for any reason and during the period extending through                       WAC 365-185-030 Eligibility criteria. (1) A grant may
three years following the date of completion of the weather-                   be awarded to a local government that is qualified pursuant to
ization work performed, rent will not be increased, nor the                    this section.
tenant evicted, as a result of the weatherization provided.                         (2) A grant may be awarded to a county or city that is
     (6) Benefits of weatherization work performed on behalf                   required to or has chosen to plan under RCW 36.70A.040 and
of a low-income tenant shall accrue primarily to the low-                      that is qualified pursuant to this section. The grant shall be
income tenant.                                                                 provided to assist a county or city in paying for the cost of
[Statutory Authority: Chapter 70.164 RCW. 92-03-019 (Order 92-01), §
                                                                               preparing a detailed environmental impact statement that is
365-180-090, filed 1/7/92, effective 2/7/92. Statutory Authority: 1987 c 36.   integrated with a comprehensive plan or subarea plan and
88-02-042 (Order 88-01), § 365-180-090, filed 1/4/88.]                         development regulations.
[Title 365 WAC—p. 32]                                                                                                                      (2009 Ed.)
                                                 Minimum Guidelines to Classify Lands                                            365-190-020

     (3) In order to qualify for a grant, a county or city shall:            (b) A geographic balance of communities;
     (a) Demonstrate that it will prepare an environmental                   (c) A balance of urban and rural communities;
analysis pursuant to chapter 43.21C RCW that is integrated                   (d) A variety of permit processes;
with a comprehensive plan or subarea plan and development                    (e) Diversity in population; or
regulations;                                                                 (f) Other criteria that the department considers advisable.
     (b) Address environmental impacts and consequences,                     (7) Applicants will be notified in writing of the depart-
alternatives, and mitigation measures in sufficient detail to            ment's decisions on grants.
allow the analysis to be adopted in whole or in part by subse-               (8) The department may offer a contract to an applicant
quent applicants for development permits within the geo-                 with such reasonable terms and conditions as the department
graphic area analyzed in the plan;                                       may determine.
     (c) Include mechanisms in the plan to monitor the conse-            [Statutory Authority: RCW 36.70A.500 and 43.21C.240. 96-04-046, § 365-
quences of growth as it occurs in the plan area and provide              185-040, filed 2/5/96, effective 3/7/96.]
ongoing data to update the plan and environmental analysis;
     (d) Be making substantial progress towards compliance                    WAC 365-185-050 Grant evaluation procedure. The
                                                                              365-185-050




with the requirements of this chapter. A county or city that is          department should appoint a committee to assist it in evaluat-
more than six months out of compliance with a requirement                ing the applications. The committee may include:
of this chapter is deemed to not be making substantial                        (1) Department staff;
progress towards compliance; and                                              (2) Department of ecology staff;
     (e) Provide local funding, which may include financial                   (3) Representatives of cities and counties; or
participation by the private sector.                                          (4) A representative of private business.
     (4) In awarding grants, the department shall give prefer-           [Statutory Authority: RCW 36.70A.500 and 43.21C.240. 96-04-046, § 365-
ence to proposals that include one or more of the following              185-050, filed 2/5/96, effective 3/7/96.]
elements:
     (a) Financial participation by the private sector, or a                  365-185-060

                                                                              WAC 365-185-060 Method of payment. (1) Grant
public/private partnering approach;                                      allocations from the fund will be paid subject to the provi-
     (b) Comprehensive and subarea plan proposals that are               sions of the applicable contract.
designed to identify and monitor system capacities for ele-                   (2) All grant funds will be disbursed by June 30, 1997.
ments of the built environment, and to the extent appropriate,
                                                                         [Statutory Authority: RCW 36.70A.500 and 43.21C.240. 96-04-046, § 365-
of the natural environment;                                              185-060, filed 2/5/96, effective 3/7/96.]
     (c) Programs to improve the efficiency and effectiveness
of the permitting process by greater reliance on integrated
plans;                                                                              Chapter 365-190 WAC
                                                                              Chapter 365-190




     (d) Programs for effective citizen and neighborhood                      MINIMUM GUIDELINES TO CLASSIFY
involvement that contribute to greater certainty that planning            AGRICULTURE, FOREST, MINERAL LANDS AND
decisions will be implemented; and                                                   CRITICAL AREAS
     (e) Plans that identify environmental impacts and estab-            WAC
lish mitigation measures that provide effective means to sat-                                           PART ONE
isfy concurrency requirements and establish project consis-                                         PURPOSE/AUTHORITY
tency with the plans.                                                    365-190-010            Authority.
[Statutory Authority: RCW 36.70A.500 and 43.21C.240. 96-04-046, § 365-   365-190-020            Purpose.
185-030, filed 2/5/96, effective 3/7/96.]
                                                                                                       PART TWO
                                                                                                 GENERAL REQUIREMENTS
     WAC 365-185-040 Grant application process. (1)
     365-185-040




Applications for growth management planning and environ-                 365-190-030            Definitions.
mental review funds shall be filed with the department.                                                   PART THREE
     (2) The department will specify the form and manner of                                               GUIDELINES
application and will set the date and time for receipt of appli-         365-190-040            Process.
                                                                         365-190-050            Agricultural lands.
cations.                                                                 365-190-060            Forest land resources.
     (3) Applications shall be filed in the form, manner and             365-190-070            Mineral resource lands.
time specified by the department. Failure of an applicant to             365-190-080            Critical areas.
make application in the specified form, manner and time will
cause the applicant to be ineligible for grant funds.                                               PART ONE
     (4) Applications for grant funds shall contain a detailed                                  PURPOSE/AUTHORITY
strategy, budget, and timeline for meeting the department's                   365-190-010


application requirements.                                                     WAC 365-190-010 Authority. This chapter is estab-
     (5) The department will review each application for eli-            lished pursuant to RCW 36.70A.050.
gibility under the criteria specified in WAC 365-200-030.                [Statutory Authority: RCW 36.70A.050. 91-07-041, § 365-190-010, filed
     (6) In awarding grants, the department may consider:                3/15/91, effective 4/15/91.]
     (a) An applicant's ability and intent to develop an inte-
                                                                              365-190-020

grated planning process that will have applicability to juris-                WAC 365-190-020 Purpose. The intent of this chapter
dictions with similar characteristics;                                   is to establish minimum guidelines to assist all counties and
(2009 Ed.)                                                                                                                [Title 365 WAC—p. 33]
365-190-030                                 Title 365 WAC: Community Development

cities statewide in classifying agricultural lands, forest lands,    critical areas. Future operations or expansion of existing
mineral resource lands, and critical areas. These guidelines         operations should be done in consideration of protecting crit-
shall be considered by counties and cities in designating these      ical areas.
lands.                                                               [Statutory Authority: RCW 36.70A.050. 91-07-041, § 365-190-020, filed
     Growth management, natural resource land conserva-              3/15/91, effective 4/15/91.]
tion, and critical areas protection share problems related to
governmental costs and efficiency. Sprawl and the unwise                                      PART TWO
development of natural resource lands or areas susceptible to                           GENERAL REQUIREMENTS
natural hazards may lead to inefficient use of limited public
resources, jeopardize environmental resource functions and                365-190-030


                                                                           WAC 365-190-030 Definitions. (1) Agricultural land is
values, subject persons and property to unsafe conditions,           land primarily devoted to the commercial production of hor-
and affect the perceived quality of life. It is more costly to       ticultural, viticultural, floricultural, dairy, apiary, vegetable,
remedy the loss of natural resource lands or critical areas than     or animal products or of berries, grain, hay, straw, turf, seed,
to conserve and protect them from loss or degradation. The           Christmas trees not subject to the excise tax imposed by
inherent economic, social, and cultural values of natural            RCW 84.33.100 through 84.33.140, or livestock, and that has
resource lands and critical areas should be considered in the        long-term commercial significance for agricultural produc-
development of strategies designed to conserve and protect           tion.
lands.                                                                     (2) Areas with a critical recharging effect on aquifers
     In recognition of these common concerns, classification         used for potable water are areas where an aquifer that is a
and designation of natural resource lands and critical areas is      source of drinking water is vulnerable to contamination that
intended to assure the long-term conservation of natural             would affect the potability of the water.
resource lands and to preclude land uses and developments                  (3) City means any city or town, including a code city.
which are incompatible with critical areas. There are qualita-             (4) Critical areas include the following areas and ecosys-
tive differences between and among natural resource lands            tems:
and critical areas. Not all areas and ecosystems are critical for          (a) Wetlands;
the same reasons. Some are critical because of the hazard
                                                                           (b) Areas with a critical recharging effect on aquifers
they present to public health and safety, some because of the
                                                                     used for potable water;
values they represent to the public welfare. In some cases, the
                                                                           (c) Fish and wildlife habitat conservation areas;
risk posed to the public by use or development of a critical
area can be mitigated or reduced by engineering or design; in              (d) Frequently flooded areas; and
other cases that risk cannot be effectively reduced except by              (e) Geologically hazardous areas.
avoidance of the critical area. Hence, classification and des-             (5) Erosion hazard areas are those areas containing soils
ignation of critical areas is intended to lead counties and cit-     which, according to the United States Department of Agricul-
ies to recognize the differences among these areas, and to           ture Soil Conservation Service Soil Classification System,
develop appropriate regulatory and nonregulatory actions in          may experience severe to very severe erosion.
response.                                                                  (6) Forest land is land primarily useful for growing trees,
     Counties and cities required or opting to plan under the        including Christmas trees subject to the excise tax imposed
Growth Management Act of 1990 should consider the defini-            under RCW 84.33.100 through 84.33.140, for commercial
tions and guidelines in this chapter when preparing develop-         purposes, and that has long-term commercial significance for
ment regulations which preclude uses and development                 growing trees commercially.
incompatible with critical areas (see RCW 36.70A.060). Pre-                (7) Frequently flooded areas are lands in the flood plain
cluding incompatible uses and development does not mean a            subject to a one percent or greater chance of flooding in any
prohibition of all uses or development. Rather, it means gov-        given year. These areas include, but are not limited to,
erning changes in land uses, new activities, or development          streams, rivers, lakes, coastal areas, wetlands, and the like.
that could adversely affect critical areas. Thus for each criti-           (8) Geologically hazardous areas are areas that because
cal area, counties and cities planning under the act should          of their susceptibility to erosion, sliding, earthquake, or other
define classification schemes and prepare development regu-          geological events, are not suited to siting commercial, resi-
lations that govern changes in land uses and new activities by       dential, or industrial development consistent with public
prohibiting clearly inappropriate actions and restricting,           health or safety concerns.
allowing, or conditioning other activities as appropriate.                 (9) Habitats of local importance include, a seasonal
     It is the intent of these guidelines that critical areas des-   range or habitat element with which a given species has a pri-
ignations overlay other land uses including designated natu-         mary association, and which, if altered, may reduce the like-
ral resource lands. That is, if two or more land use designa-        lihood that the species will maintain and reproduce over the
tions apply to a given parcel or a portion of a parcel, both or      long-term. These might include areas of high relative density
all designations shall be made. Regarding natural resource           or species richness, breeding habitat, winter range, and move-
lands, counties and cities should allow existing and ongoing         ment corridors. These might also include habitats that are of
resource management operations, that have long-term com-             limited availability or high vulnerability to alteration, such as
mercial significance, to continue. Counties and cities should        cliffs, talus, and wetlands.
encourage utilization of best management practices where                   (10) Landslide hazard areas are areas potentially subject
existing and ongoing resource management operations that             to risk of mass movement due to a combination of geologic,
have long-term commercial significance include designated            topographic, and hydrologic factors.
[Title 365 WAC—p. 34]                                                                                                           (2009 Ed.)
                                                Minimum Guidelines to Classify Lands                                       365-190-040

     (11) Long-term commercial significance includes the                                       PART THREE
growing capacity, productivity, and soil composition of the                                    GUIDELINES
land for long-term commercial production, in consideration
with the land's proximity to population areas, and the possi-                WAC 365-190-040 Process. The classification and des-
                                                                            365-190-040




bility of more intense uses of land.                                    ignation of natural resource lands and critical areas is an
     (12) Minerals include gravel, sand, and valuable metallic          important step among several in the overall growth manage-
substances.                                                             ment process. Together these steps comprise a vision of the
     (13) Mine hazard areas are those areas directly underlain          future, and that vision gives direction to the steps in the form
by, adjacent to, or affected by mine workings such as adits,            of specific goals and objectives. Under the Growth Manage-
tunnels, drifts, or air shafts.                                         ment Act, the timing of the first steps coincides with develop-
     (14) Mineral resource lands means lands primarily                  ment of the larger vision through the comprehensive planning
devoted to the extraction of minerals or that have known or             process. People are asked to take the first steps, designation
potential long-term commercial significance for the extrac-             and classification of natural resource lands and critical areas,
tion of minerals.                                                       before the goals, objectives, and implementing policies of the
     (15) Natural resource lands means agricultural, forest             comprehensive plan are finalized. Jurisdictions planning
and mineral resource lands which have long-term commer-                 under the Growth Management Act must also adopt interim
cial significance.                                                      regulations for the conservation of natural resource lands and
     (16) Public facilities include streets, roads, highways,           protection of critical areas. In this way, the classification and
sidewalks, street and road lighting systems, traffic signals,           designation help give shape to the content of the plan, and at
domestic water systems, storm and sanitary sewer systems,               the same time natural resource lands are conserved and criti-
parks and recreational facilities, and schools.                         cal areas are protected from incompatible development while
                                                                        the plan is in process.
     (17) Public services include fire protection and suppres-
                                                                             Under the Growth Management Act, preliminary classi-
sion, law enforcement, public health, education, recreation,
                                                                        fications and designations will be completed in 1991. Those
environmental protection, and other governmental services.
                                                                        planning under the act must also enact interim regulations to
     (18) Seismic hazard areas are areas subject to severe risk         protect and conserve these lands by September 1, 1991. By
of damage as a result of earthquake induced ground shaking,             July 1, 1992, counties and cities not planning under the act
slope failure, settlement, or soil liquefaction.                        must bring their regulations into conformance with their
     (19) Species of local importance are those species that            comprehensive plans. By July 1, 1993, counties and cities
are of local concern due to their population status or their sen-       planning under the act must adopt comprehensive plans, con-
sitivity to habitat manipulation or that are game species.              sistent with the goals of the act. Implementation of the plans
     (20) Urban growth refers to growth that makes intensive            will occur by the following year.
use of land for the location of buildings, structures, and                   (1) Classification is the first step in implementing RCW
impermeable surfaces to such a degree as to be incompatible             36.70A.050. It means defining categories to which natural
with the primary use of such land for the production of food,           resource lands and critical areas will be assigned.
other agricultural products, or fiber, or the extraction of min-             Pursuant to RCW 36.70A.170, natural resource lands
eral resources. When allowed to spread over wide areas,                 and critical areas will be designated based on the defined
urban growth typically requires urban governmental services.            classifications. Designation establishes, for planning pur-
"Characterized by urban growth" refers to land having urban             poses: The classification scheme; the general distribution,
growth located on it, or to land located in relationship to an          location, and extent of the uses of land, where appropriate,
area with urban growth on it as to be appropriate for urban             for agriculture, forestry, and mineral extraction; and the gen-
growth.                                                                 eral distribution, location, and extent of critical areas. Inven-
     (21) Volcanic hazard areas shall include areas subject to          tories and maps can indicate designations of natural resource
pyroclastic flows, lava flows, and inundation by debris flows,          lands. In the circumstances where critical areas (e.g., aquifer
mudflows, or related flooding resulting from volcanic activ-            recharge areas, wetlands, significant wildlife habitat, etc.)
ity.                                                                    cannot be readily identified, these areas should be designated
     (22) Wetland or wetlands means areas that are inundated            by performance standards or definitions, so they can be spe-
or saturated by surface water or ground water at a frequency            cifically identified during the processing of a permit or devel-
and duration sufficient to support, and that under normal cir-          opment authorization. Designation means, at least, formal
cumstances do support, a prevalence of vegetation typically             adoption of a policy statement, and may include further legis-
adapted for life in saturated soil conditions. Wetlands gener-          lative action. Designating inventoried lands for comprehen-
ally include swamps, marshes, bogs, and similar areas. Wet-             sive planning and policy definition may be less precise than
lands do not include those artificial wetlands intentionally            subsequent regulation of specific parcels for conservation
created from nonwetland sites, grass-lined swales, canals,              and protection.
detention facilities, wastewater treatment facilities, farm                  Classifying, inventorying, and designating lands or areas
ponds, and landscape amenities. However, wetlands may                   does not imply a change in a landowner's right to use his or
include those artificial wetlands intentionally created from            her land under current law. Land uses are regulated on a par-
nonwetland areas created to mitigate conversion of wetlands,            cel basis and innovative land use management techniques
if permitted by the county or city.                                     should be applied when counties and cities adopt regulations
[Statutory Authority: RCW 36.70A.050. 91-07-041, § 365-190-030, filed   to conserve and protect designated natural resource lands and
3/15/91, effective 4/15/91.]                                            critical areas. The department of community development
(2009 Ed.)                                                                                                         [Title 365 WAC—p. 35]
365-190-040                                Title 365 WAC: Community Development

will provide technical assistance to counties and cities on a            (i) Adjacent cities (or those with overlapping or adjacent
wide array of regulatory options and alternative land use           planning areas); counties and the cities within them; and
management techniques.                                              adjacent counties would provide each other and all adjacent
     These guidelines may result in critical area designations      special purpose districts and special purpose districts within
that overlay other critical area or natural resource land classi-   them notice of their intent to classify and designate natural
fications. That is, if two or more critical area designations       resource lands and critical areas within their jurisdiction.
apply to a given parcel, or portion of a given parcel, both or      Counties or cities receiving notice may provide comments
all designations apply. For counties and cities required or opt-    and input to the notifying jurisdiction. The notifying jurisdic-
ing to plan under chapter 36.70A RCW, reconciling these             tion specifies a comment period prior to adoption. Within
multiple designations will be the subject of local develop-         forty-five days of the jurisdiction's date of adoption of classi-
ment regulations adopted pursuant to RCW 36.70A.060.                fications or designations, affected jurisdictions are supplied a
     (2) Counties and cities shall involve the public in classi-    copy of the proposal. The department of community develop-
fying and designating natural resource lands and critical           ment may provide mediation services to counties and cities to
areas.                                                              help resolve disputed classifications or designations.
     (a) Public participation:                                           (ii) Adjacent jurisdictions; all the cities within a county;
     (i) Public participation should include at a minimum:          or all the cities and several counties may choose to coopera-
Landowners; representatives of agriculture, forestry, mining,       tively classify and designate natural resource lands and criti-
business, environmental, and community groups; tribal gov-          cal areas within their jurisdictions. Counties and cities by
ernments; representatives of adjacent counties and cities; and      interlocal agreement would identify the definitions, classifi-
state agencies. The public participation program should             cation, designation, and process that will be used to classify
include early and timely public notice of pending designa-          and designate lands within their areas. State and federal agen-
tions and regulations.                                              cies or tribes may participate in the interlocal agreement or be
     (ii) Counties and cities should consider using: Technical      provided a method of commenting on designations and clas-
and citizen advisory committees with broad representation,          sifications prior to adoption by jurisdictions.
press releases, news conferences, neighborhood meetings,                 Counties and/or cities may begin with the notification
paid advertising (e.g., newspaper, radio, T.V., transit), news-     option ((c)(i) of this subsection) and choose to change to the
letters, and other means beyond the required normal legal           interlocal agreement method ((c)(ii) of this subsection) prior
advertising and public notices. Plain, understandable lan-          to completion of the classification and designations within
guage should be used. The department of community devel-            their jurisdictions. Approaches to intergovernmental coordi-
opment will provide technical assistance in preparing public        nation may vary between natural resource land and critical
participation plans, including: A pamphlet series, work-            area designation. It is intended that state and federal agencies
shops, and a list of agencies available to provide help.            with land ownership or management responsibilities, special
     (b) Adoption process. Statutory and local processes            purpose districts, and Indian tribes with interests within the
already in place governing land use decisions are the mini-         jurisdictions adopting classification and designation be con-
mum processes required for designation and regulation pur-          sulted and their input considered in the development and
suant to RCW 36.70A.060 and 36.70A.170. At least these              adoption of designations and classifications. The department
steps should be included in the process:                            of community development may provide mediation services
     (i) Accept the requirements of chapter 36.70A RCW,             to help resolve disputes between counties and cities that are
especially definitions of agricultural lands, forest lands, min-    using either the notification or interlocal agreement method
erals, long-term commercial significance, critical areas, geo-      of coordinating between jurisdictions.
logically hazardous areas, and wetlands as mandatory mini-               (d) Mapping. Mapping should be done to identify desig-
mums.                                                               nated natural resource lands and to identify known critical
     (ii) Consider minimum guidelines developed by depart-          areas. Counties and cities should clearly articulate that the
ment of community development under RCW 36.70A.050.                 maps are for information or illustrative purposes only unless
     (iii) Consider other definitions used by state and federal     the map is an integral component of a regulatory scheme.
regulatory agencies.                                                     Although there is no specific requirement for inventory-
     (iv) Consider definitions used by the county and city and      ing or mapping either natural resource lands or critical areas,
other counties and cities.                                          chapter 36.70A RCW requires that counties and cities plan-
     (v) Determine recommended definitions and check con-           ning under chapter 36.70A RCW adopt development regula-
formance with minimum definitions of chapter 36.70A                 tions for uses adjacent to natural resource lands. Logically,
RCW.                                                                the only way to regulate adjacent lands is to know where the
     (vi) Adopt definitions, classifications, and standards.        protected lands are. Therefore, mapping natural resource
     (vii) Apply definitions to the land by mapping desig-          lands is a practical way to make regulation effective.
nated natural resource lands.                                            For critical areas, performance standards are preferred,
     (viii) Establish designation amendment procedures.             as any attempt to map wetlands, for example, will be too
     (c) Intergovernmental coordination. The Growth Man-            inexact for regulatory purposes. Standards will be applied
agement Act requires coordination among communities and             upon land use application. Even so, mapping critical areas for
jurisdictions to reconcile conflicts and strive for consistent      information but not regulatory purposes, is advisable.
definitions, standards, and designations within regions. The             (e) Reporting. Chapter 36.70A RCW requires that coun-
minimum coordination process required under these guide-            ties and cities annually report their progress to department of
lines may take one of two forms:                                    community development. Department of community devel-
[Title 365 WAC—p. 36]                                                                                                      (2009 Ed.)
                                            Minimum Guidelines to Classify Lands                                        365-190-060

opment will maintain a central file including examples of              Counties and cities planning under the act should define
successful public involvement programs, interjurisdictional       a strategy for conserving natural resource lands and for pro-
coordination, definitions, maps, and other materials. This file   tecting critical areas, and this strategy should integrate the
will serve as an information source for counties and cities and   use of innovative regulatory and nonregulatory techniques.
a planning library for state agencies and citizens.               [Statutory Authority: RCW 36.70A.050. 91-07-041, § 365-190-040, filed
      (f) Evaluation. When counties and cities adopt a compre-    3/15/91, effective 4/15/91.]
hensive plan, chapter 36.70A RCW requires that they evalu-
ate their designations and development regulations to assure           WAC 365-190-050 Agricultural lands. (1) In classify-
                                                                       365-190-050




they are consistent with and implement the comprehensive          ing agricultural lands of long-term significance for the pro-
plan. When considering changes to the designations or devel-      duction of food or other agricultural products, counties and
opment regulations, counties and cities should seek inter-        cities shall use the land-capability classification system of the
jurisdictional coordination and public participation.             United States Department of Agriculture Soil Conservation
      (g) Designation amendment process. Land use planning        Service as defined in Agriculture Handbook No. 210. These
is a dynamic process. Procedures for designation should pro-      eight classes are incorporated by the United States Depart-
vide a rational and predictable basis for accommodating           ment of Agriculture into map units described in published
change.                                                           soil surveys. These categories incorporate consideration of
      Land use designations must provide landowners and           the growing capacity, productivity and soil composition of
public service providers with the information necessary to        the land. Counties and cities shall also consider the combined
make decisions. This includes: Determining when and where         effects of proximity to population areas and the possibility of
growth will occur, what services are and will be available,       more intense uses of the land as indicated by:
how they might be financed, and what type and level of land            (a) The availability of public facilities;
use is reasonable and/ or appropriate. Resource managers               (b) Tax status;
need to know where and when conversions of rural land                  (c) The availability of public services;
might occur in response to growth pressures and how those              (d) Relationship or proximity to urban growth areas;
changes will affect resource management.                               (e) Predominant parcel size;
      Designation changes should be based on consistency               (f) Land use settlement patterns and their compatibility
with one or more of the following criteria:                       with agricultural practices;
      (i) Change in circumstances pertaining to the compre-            (g) Intensity of nearby land uses;
hensive plan or public policy.                                         (h) History of land development permits issued nearby;
      (ii) A change in circumstances beyond the control of the         (i) Land values under alternative uses; and
landowner pertaining to the subject property.                          (j) Proximity of markets.
      (iii) An error in designation.                                   (2) In defining categories of agricultural lands of long-
      (iv) New information on natural resource land or critical   term commercial significance for agricultural production,
area status.                                                      counties and cities should consider using the classification of
      (h) Use of innovative land use management techniques.       prime and unique farmland soils as mapped by the Soil Con-
Resource uses have preferred and primary status in desig-         servation Service. If a county or city chooses to not use these
nated natural resource lands of long-term commercial signif-      categories, the rationale for that decision must be included in
icance. Counties and cities must determine if and to what         its next annual report to department of community develop-
extent other uses will be allowed. If other uses are allowed,     ment.
counties and cities should consider using innovative land              (3) Counties and cities may further classify additional
management techniques which minimize land use incompat-           agricultural lands of local importance. Classifying additional
ibilities and most effectively maintain current and future nat-   agricultural lands of local importance should include consul-
ural resource lands.                                              tation with the board of the local conservation district and the
      Techniques to conserve and protect agricultural, forest     local agriculture stabilization and conservation service com-
lands, and mineral resource lands of long-term commercial         mittee.
significance include the purchase or transfer of development           These additional lands may also include bogs used to
rights, fee simple purchase of the land, less than fee simple     grow cranberries. Where these lands are also designated crit-
purchase, purchase with leaseback, buffering, land trades,        ical areas, counties and cities planning under the act must
conservation easements or other innovations which maintain        weigh the compatibility of adjacent land uses and develop-
current uses and assure the conservation of these natural         ment with the continuing need to protect the functions and
resource lands.                                                   values of critical areas and ecosystems.
      Development in and adjacent to agricultural and forest      [Statutory Authority: RCW 36.70A.050. 91-07-041, § 365-190-050, filed
lands of long-term commercial significance shall assure the       3/15/91, effective 4/15/91.]
continued management of these lands for their long-term
commercial uses. Counties and cities should consider the               WAC 365-190-060 Forest land resources. In classify-
                                                                       365-190-060




adoption of right-to-farm provisions. Covenants or easements      ing forest land, counties and cities should use the private for-
that recognize that farming and forest activities will occur      est land grades of the department of revenue (WAC 458-40-
should be imposed on new development in or adjacent to            530). This system incorporates consideration of growing
agricultural or forest lands. Where buffering is used it should   capacity, productivity and soil composition of the land. For-
be on land within the development unless an alternative is        est land of long-term commercial significance will generally
mutually agreed on by adjacent landowners.                        have a predominance of the higher private forest land grades.
(2009 Ed.)                                                                                                     [Title 365 WAC—p. 37]
365-190-070                                   Title 365 WAC: Community Development

However, the presence of lower private forest land grades                   (i) General land use patterns in the area;
within the areas of predominantly higher grades need not pre-               (ii) Availability of utilities;
clude designation as forest land.                                           (iii) Availability and adequacy of water supply;
     Each county and city shall determine which land grade                  (iv) Surrounding parcel sizes and surrounding uses;
constitutes forest land of long-term commercial significance,               (v) Availability of public roads and other public services;
based on local and regional physical, biological, economic,                 (vi) Subdivision or zoning for urban or small lots;
and land use considerations.                                                (vii) Accessibility and proximity to the point of use or
     Counties and cities shall also consider the effects of             market;
proximity to population areas and the possibility of more                   (viii) Physical and topographic characteristics of the
intense uses of the land as indicated by:                               mineral resource site;
     (1) The availability of public services and facilities con-            (ix) Depth of the resource;
ducive to the conversion of forest land.                                    (x) Depth of the overburden;
     (2) The proximity of forest land to urban and suburban                 (xi) Physical properties of the resource including quality
areas and rural settlements: Forest lands of long-term com-             and type;
mercial significance are located outside the urban and subur-               (xii) Life of the resource; and
ban areas and rural settlements.                                            (xiii) Resource availability in the region.
     (3) The size of the parcels: Forest lands consist of pre-          [Statutory Authority: RCW 36.70A.050. 91-07-041, § 365-190-070, filed
dominantly large parcels.                                               3/15/91, effective 4/15/91.]
     (4) The compatibility and intensity of adjacent and
nearby land use and settlement patterns with forest lands of                 WAC 365-190-080 Critical areas. (1) Wetlands. The
                                                                             365-190-080




long-term commercial significance.                                      wetlands of Washington state are fragile ecosystems which
     (5) Property tax classification: Property is assessed as           serve a number of important beneficial functions. Wetlands
open space or forest land pursuant to chapter 84.33 or 84.34            assist in the reduction of erosion, siltation, flooding, ground
RCW.                                                                    and surface water pollution, and provide wildlife, plant, and
     (6) Local economic conditions which affect the ability to          fisheries habitats. Wetlands destruction or impairment may
manage timberlands for long-term commercial production.                 result in increased public and private costs or property losses.
     (7) History of land development permits issued nearby.                  In designating wetlands for regulatory purposes, coun-
[Statutory Authority: RCW 36.70A.050. 91-07-041, § 365-190-060, filed   ties and cities shall use the definition of wetlands in RCW
3/15/91, effective 4/15/91.]                                            36.70A.030(22). Counties and cities are requested and
                                                                        encouraged to make their actions consistent with the intent
     WAC 365-190-070 Mineral resource lands. (1) Coun-                  and goals of "protection of wetlands," Executive Orders 89-
     365-190-070




ties and cities shall identify and classify aggregate and min-          10 and 90-04 as they exist on September 1, 1990. Addition-
eral resource lands from which the extraction of minerals               ally, counties and cities should consider wetlands protection
occurs or can be anticipated. Other proposed land uses within           guidance provided by the department of ecology including
these areas may require special attention to ensure future sup-         the model wetlands protection ordinance.
ply of aggregate and mineral resource material, while main-                  (a) Counties and cities that do not now rate wetlands
taining a balance of land uses.                                         shall consider a wetlands rating system to reflect the relative
     (2) Classification criteria. Areas shall be classified as          function, value and uniqueness of wetlands in their jurisdic-
mineral resource lands based on geologic, environmental,                tions. In developing wetlands rating systems, counties and
and economic factors, existing land uses, and land ownership.           cities should consider the following:
The areas to be studied and their order of study shall be spec-              (i) The Washington state four-tier wetlands rating sys-
ified by counties and cities.                                           tem;
     (a) Counties and cities should classify lands with long-                (ii) Wetlands functions and values;
term commercial significance for extracting at least the fol-                (iii) Degree of sensitivity to disturbance;
lowing minerals: Sand, gravel, and valuable metallic sub-                    (iv) Rarity; and
stances. Other minerals may be classified as appropriate.                    (v) Ability to compensate for destruction or degradation.
     (b) In classifying these areas, counties and cities should              If a county or city chooses to not use the state four-tier
consider maps and information on location and extent of min-            wetlands rating system, the rationale for that decision must be
eral deposits provided by the Washington state department of            included in its next annual report to department of commu-
natural resources and the United States Bureau of Mines.                nity development.
Additionally, the department of natural resources has a                      (b) Counties and cities may use the National Wetlands
detailed minerals classification system counties and cities             Inventory as an information source for determining the
may choose to use.                                                      approximate distribution and extent of wetlands. This inven-
     (c) Counties and cities should consider classifying                tory provides maps of wetland areas according to the defini-
known and potential mineral deposits so that access to min-             tion of wetlands issued by the United States Department of
eral resources of long-term commercial significance is not              Interior - Fish and Wildlife Service, and its wetland bound-
knowingly precluded.                                                    aries should be delineated for regulation consistent with the
     (d) In classifying mineral resource lands, counties and            wetlands definition in RCW 36.70A.030(22).
cities shall also consider the effects of proximity to popula-               (c) Counties and cities should consider using the meth-
tion areas and the possibility of more intense uses of the land         odology in the Federal Manual for Identifying and Delineat-
as indicated by:                                                        ing Jurisdictional Wetlands, cooperatively produced by the
[Title 365 WAC—p. 38]                                                                                                              (2009 Ed.)
                                             Minimum Guidelines to Classify Lands                                     365-190-080

United States Army Corps of Engineers, United States Envi-          feasibility of protective measures to preclude further degra-
ronmental Protection Agency, United States Department of            dation, availability of treatment measures to maintain pota-
Agriculture Soil Conservation Service, and United States            bility, and availability of alternative potable water sources.
Fish and Wildlife Service, that was issued in January 1989,              (d) Examples of areas with a critical recharging effect on
and regulatory guidance letter 90-7 issued by the United            aquifers used for potable water, may include:
States Corps of Engineers on November 29, 1990, for regula-              (i) Sole source aquifer recharge areas designated pursu-
tory delineations.                                                  ant to the Federal Safe Drinking Water Act.
      (2) Aquifer recharge areas. Potable water is an essential          (ii) Areas established for special protection pursuant to a
life sustaining element. Much of Washington's drinking              ground water management program, chapters 90.44, 90.48,
water comes from ground water supplies. Once ground water           and 90.54 RCW, and chapters 173-100 and 173-200 WAC.
is contaminated it is difficult, costly, and sometimes impossi-          (iii) Areas designated for wellhead protection pursuant
ble to clean up. Preventing contamination is necessary to           to the Federal Safe Drinking Water Act.
avoid exorbitant costs, hardships, and potential physical harm           (iv) Other areas meeting the definition of "areas with a
to people.                                                          critical recharging effect on aquifers used for potable water"
      The quality of ground water in an aquifer is inextricably     in these guidelines.
linked to its recharge area. Few studies have been done on               (3) Frequently flooded areas. Flood plains and other
aquifers and their recharge areas in Washington state. In the       areas subject to flooding perform important hydrologic func-
cases in which aquifers and their recharge areas have been          tions and may present a risk to persons and property. Classi-
studied, affected counties and cities should use this informa-      fications of frequently flooded areas should include, at a min-
tion as the base for classifying and designating these areas.       imum, the 100-year flood plain designations of the Federal
      Where no specific studies have been done, counties and        Emergency Management Agency and the National Flood
cities may use existing soil and surficial geologic information     Insurance Program.
to determine where recharge areas are. To determine the                  Counties and cities should consider the following when
threat to ground water quality, existing land use activities and    designating and classifying frequently flooded areas:
their potential to lead to contamination should be evaluated.
                                                                         (a) Effects of flooding on human health and safety, and
      Counties and cities shall classify recharge areas for aqui-
                                                                    to public facilities and services;
fers according to the vulnerability of the aquifer. Vulnerabil-
                                                                         (b) Available documentation including federal, state, and
ity is the combined effect of hydrogeological susceptibility to
                                                                    local laws, regulations, and programs, local studies and maps,
contamination and the contamination loading potential. High
                                                                    and federal flood insurance programs;
vulnerability is indicated by land uses that contribute contam-
ination that may degrade ground water, and hydrogeologic                 (c) The future flow flood plain, defined as the channel of
conditions that facilitate degradation. Low vulnerability is        the stream and that portion of the adjoining flood plain that is
indicated by land uses that do not contribute contaminants          necessary to contain and discharge the base flood flow at
that will degrade ground water, and by hydrogeologic condi-         build out without any measurable increase in flood heights;
tions that do not facilitate degradation.                                (d) The potential effects of tsunami, high tides with
      (a) To characterize hydrogeologic susceptibility of the       strong winds, sea level rise resulting from global climate
recharge area to contamination, counties and cities may con-        change, and greater surface runoff caused by increasing
sider the following physical characteristics:                       impervious surfaces.
      (i) Depth to ground water;                                         (4) Geologically hazardous areas.
      (ii) Aquifer properties such as hydraulic conductivity             (a) Geologically hazardous areas include areas suscepti-
and gradients;                                                      ble to erosion, sliding, earthquake, or other geological events.
      (iii) Soil (texture, permeability, and contaminant attenu-    They pose a threat to the health and safety of citizens when
ation properties);                                                  incompatible commercial, residential, or industrial develop-
      (iv) Characteristics of the vadose zone including perme-      ment is sited in areas of significant hazard. Some geological
ability and attenuation properties; and                             hazards can be reduced or mitigated by engineering, design,
      (v) Other relevant factors.                                   or modified construction or mining practices so that risks to
      (b) The following may be considered to evaluate the con-      health and safety are acceptable. When technology cannot
taminant loading potential:                                         reduce risks to acceptable levels, building in geologically
      (i) General land use;                                         hazardous areas is best avoided. This distinction should be
      (ii) Waste disposal sites;                                    considered by counties and cities that do not now classify
      (iii) Agriculture activities;                                 geological hazards as they develop their classification
      (iv) Well logs and water quality test results; and            scheme.
      (v) Other information about the potential for contamina-           (a) Areas that are susceptible to one or more of the fol-
tion.                                                               lowing types of hazards shall be classified as a geologically
      (c) Classification strategy for recharge areas should be to   hazardous area:
maintain the quality of the ground water, with particular                (i) Erosion hazard;
attention to recharge areas of high susceptibility. In recharge          (ii) Landslide hazard;
areas that are highly vulnerable, studies should be initiated to         (iii) Seismic hazard; or
determine if ground water contamination has occurred. Clas-              (iv) Areas subject to other geological events such as coal
sification of these areas should include consideration of the       mine hazards and volcanic hazards including: Mass wasting,
degree to which the aquifer is used as a potable water source,      debris flows, rockfalls, and differential settlement.
(2009 Ed.)                                                                                                    [Title 365 WAC—p. 39]
365-190-080                                Title 365 WAC: Community Development

     (b) Counties and cities should classify geologically haz-      Ground shaking is the primary cause of earthquake damage
ardous area as either:                                              in Washington. The strength of ground shaking is primarily
     (i) Known or suspected risk;                                   affected by:
     (ii) No risk;                                                       (i) The magnitude of an earthquake;
     (iii) Risk unknown - data are not available to determine            (ii) The distance from the source of an earthquake;
the presence or absence of a geological hazard.                          (iii) The type of thickness of geologic materials at the
     (c) Erosion hazard areas are at least those areas identified   surface; and
by the United States Department of Agriculture Soil Conser-              (iv) The type of subsurface geologic structure.
vation Service as having a "severe" rill and inter-rill erosion          Settlement and soil liquefaction conditions occur in
hazard.                                                             areas underlain by cohesionless soils of low density, typically
     (d) Landslide hazard areas shall include areas potentially     in association with a shallow ground water table.
subject to landslides based on a combination of geologic,                (f) Other geological events:
topographic, and hydrologic factors. They include any areas              (i) Volcanic hazard areas shall include areas subject to
susceptible because of any combination of bedrock, soil,            pyroclastic flows, lava flows, debris avalanche, inundation
slope (gradient), slope aspect, structure, hydrology, or other      by debris flows, mudflows, or related flooding resulting from
factors. Example of these may include, but are not limited to       volcanic activity.
the following:                                                           (ii) Mine hazard areas are those areas underlain by, adja-
     (i) Areas of historic failures, such as:                       cent to, or affected by mine workings such as adits, gang-
     (A) Those areas delineated by the United States Depart-        ways, tunnels, drifts, or air shafts. Factors which should be
ment of Agriculture Soil Conservation Service as having a           considered include: Proximity to development, depth from
"severe" limitation for building site development;                  ground surface to the mine working, and geologic material.
     (B) Those areas mapped as class u (unstable), uos (unsta-           (5) Fish and wildlife habitat conservation areas. Fish and
ble old slides), and urs (unstable recent slides) in the depart-    wildlife habitat conservation means land management for
ment of ecology coastal zone atlas; or                              maintaining species in suitable habitats within their natural
     (C) Areas designated as quaternary slumps, earthflows,         geographic distribution so that isolated subpopulations are
mudflows, lahars, or landslides on maps published as the            not created. This does not mean maintaining all individuals of
United States Geological Survey or department of natural            all species at all times, but it does mean cooperative and coor-
resources division of geology and earth resources.                  dinated land use planning is critically important among coun-
     (ii) Areas with all three of the following characteristics:    ties and cities in a region. In some cases, intergovernmental
     (A) Slopes steeper than fifteen percent; and                   cooperation and coordination may show that it is sufficient to
     (B) Hillsides intersecting geologic contacts with a rela-      assure that a species will usually be found in certain regions
tively permeable sediment overlying a relatively imperme-           across the state.
able sediment or bedrock; and                                            (a) Fish and wildlife habitat conservation areas include:
     (C) Springs or ground water seepage;                                (i) Areas with which endangered, threatened, and sensi-
     (iii) Areas that have shown movement during the                tive species have a primary association;
holocene epoch (from ten thousand years ago to the present)              (ii) Habitats and species of local importance;
or which are underlain or covered by mass wastage debris of              (iii) Commercial and recreational shellfish areas;
that epoch;                                                              (iv) Kelp and eelgrass beds; herring and smelt spawning
     (iv) Slopes that are parallel or subparallel to planes of      areas;
weakness (such as bedding planes, joint systems, and fault               (v) Naturally occurring ponds under twenty acres and
planes) in subsurface materials;                                    their submerged aquatic beds that provide fish or wildlife
     (v) Slopes having gradients steeper than eighty percent        habitat;
subject to rockfall during seismic shaking;                              (vi) Waters of the state;
     (vi) Areas potentially unstable as a result of rapid stream         (vii) Lakes, ponds, streams, and rivers planted with game
incision, stream bank erosion, and undercutting by wave             fish by a governmental or tribal entity; or
action;                                                                  (viii) State natural area preserves and natural resource
     (vii) Areas that show evidence of, or are at risk from         conservation areas.
snow avalanches;                                                         (b) Counties and cities may consider the following when
     (viii) Areas located in a canyon or on an active alluvial      classifying and designating these areas:
fan, presently or potentially subject to inundation by debris            (i) Creating a system of fish and wildlife habitat with
flows or catastrophic flooding;                                     connections between larger habitat blocks and open spaces;
     (ix) Any area with a slope of forty percent or steeper and          (ii) Level of human activity in such areas including pres-
with a vertical relief of ten or more feet except areas com-        ence of roads and level of recreation type (passive or active
posed of consolidated rock. A slope is delineated by estab-         recreation may be appropriate for certain areas and habitats);
lishing its toe and top and measured by averaging the inclina-           (iii) Protecting riparian ecosystems;
tion over at least ten feet of vertical relief.                          (iv) Evaluating land uses surrounding ponds and fish and
     (e) Seismic hazard areas shall include areas subject to        wildlife habitat areas that may negatively impact these areas;
severe risk of damage as a result of earthquake induced                  (v) Establishing buffer zones around these areas to sepa-
ground shaking, slope failure, settlement, soil liquefaction, or    rate incompatible uses from the habitat areas; and
surface faulting. One indicator of potential for future earth-           (vi) Restoring of lost salmonid habitat.
quake damage is a record of earthquake damage in the past.               (c) Sources and methods
[Title 365 WAC—p. 40]                                                                                                     (2009 Ed.)
                                                      Growth Management Act                                                            Chapter 365-195

      (i) Counties and cities should classify seasonal ranges              (D) Existing surrounding land uses that are incompatible
and habitat elements with which federal and state listed             with salmonid habitat;
endangered, threatened and sensitive species have a primary                (E) Presence and size of riparian ecosystems;
association and which, if altered, may reduce the likelihood               (F) Existing water rights; and
that the species will maintain and reproduce over the long                 (G) The intermittent nature of some of the higher classes
term.                                                                of waters of the state.
      (ii) Counties and cities should determine which habitats             (vii) Lakes, ponds, streams, and rivers planted with game
and species are of local importance. Habitats and species may        fish.
be further classified in terms of their relative importance.               This includes game fish planted in these water bodies
      Counties and cities may use information prepared by the        under the auspices of a federal, state, local, or tribal program
Washington department of wildlife to classify and designate          or which supports priority fish species as identified by the
locally important habitats and species. Priority habitats and        department of wildlife.
priority species are being identified by the department of                 (viii) State natural area preserves and natural resource
wildlife for all lands in Washington state. While these priori-      conservation areas. Natural area preserves and natural
ties are those of the department, they and the data on which         resource conservation areas are defined, established, and
they are based may be considered by counties and cities.             managed by department of natural resources.
      (iii) Shellfish areas. All public and private tidelands or     [Statutory Authority: RCW 36.70A.050. 91-07-041, § 365-190-080, filed
bedlands suitable for shellfish harvest shall be classified as       3/15/91, effective 4/15/91.]
critical areas. Counties and cities should consider both com-
mercial and recreational shellfish areas. Counties and cities                    Chapter 365-195 WAC
                                                                          Chapter 365-195




should at least consider the Washington department of health
                                                                       GROWTH MANAGEMENT ACT—PROCEDURAL
classification of commercial and recreational shellfish grow-          CRITERIA FOR ADOPTING COMPREHENSIVE
ing areas to determine the existing condition of these areas.           PLANS AND DEVELOPMENT REGULATIONS
Further consideration should be given to the vulnerability of
                                                                     WAC
these areas to contamination. Shellfish protection districts
established pursuant to chapter 90.72 RCW shall be included                                            PART ONE
                                                                                                 GENERAL CONSIDERATIONS
in the classification of critical shellfish areas.
                                                                     365-195-010                 Background.
      (iv) Kelp and eelgrass beds; herring and smelt spawning        365-195-020                 Purpose.
areas. Counties and cities shall classify kelp and eelgrass          365-195-030                 Applicability.
beds, identified by department of natural resources aquatic          365-195-040                 General method.
                                                                     365-195-050                 Presumption of validity.
lands division and the department of ecology. Though not an          365-195-060                 Regional and local variations.
inclusive inventory, locations of kelp and eelgrass beds are         365-195-070                 Interpretations.
compiled in the Puget Sound Environmental Atlas, Volumes 1                                                  PART TWO
and 2. Herring and smelt spawning times and locations are                                                  DEFINITIONS
outlined in WAC 220-110-240 through 220-110-260 and the              365-195-200                 Statutory definitions.
Puget Sound Environmental Atlas.                                     365-195-210                 Definitions of terms as used in this chapter.
                                                                     365-195-220                 Additional definitions to be adopted locally.
      (v) Naturally occurring ponds under twenty acres and
their submerged aquatic beds that provide fish or wildlife                                              PART THREE
                                                                                            FEATURES OF THE COMPREHENSIVE PLAN
habitat.
                                                                     365-195-300                 Mandatory elements.
      Naturally occurring ponds do not include ponds deliber-        365-195-305                 Land use element.
ately designed and created from dry sites, such as canals,           365-195-310                 Housing element.
detention facilities, wastewater treatment facilities, farm-         365-195-315                 Capital facilities element.
                                                                     365-195-320                 Utilities element.
ponds, temporary construction ponds (of less than three years        365-195-325                 Transportation element.
duration) and landscape amenities. However, naturally                365-195-330                 Rural element.
                                                                     365-195-335                 Urban growth areas.
occurring ponds may include those artificial ponds intention-        365-195-340                 Siting essential public facilities.
ally created from dry areas in order to mitigate conversion of       365-195-345                 Optional elements.
ponds, if permitted by a regulatory authority.                                                          PART FOUR
      (vi) Waters of the state. Waters of the state are defined in                               INVENTORIES AND REVIEWS
Title 222 WAC, the forest practices rules and regulations.           365-195-400                 Natural resource lands.
Counties and cities should use the classification system             365-195-410                 Critical areas.
                                                                     365-195-420                 Identification of open space corridors.
established in WAC 222-16-030 to classify waters of the              365-195-430                 Identification of lands useful for public purposes.
state.                                                                                                      PART FIVE
      Counties and cities may consider the following factors                                               CONSISTENCY
when classifying waters of the state as fish and wildlife habi-      365-195-500                 Internal consistency.
tats:                                                                365-195-510                 Concurrency.
                                                                     365-195-520                 Interjurisdictional consistency.
      (A) Species present which are endangered, threatened or        365-195-530                 Coordination with other plans.
sensitive, and other species of concern;                             365-195-540                 Analysis of cumulative effects.
      (B) Species present which are sensitive to habitat manip-                                           PART SIX
ulation;                                                                                            ADOPTION PROCEDURES
      (C) Historic presence of species of local concern;             365-195-600                 Public participation.

(2009 Ed.)                                                                                                                        [Title 365 WAC—p. 41]
365-195-010                                         Title 365 WAC: Community Development

365-195-610         State Environmental Policy Act (SEPA).                             (3) The concept that the process should be a "bottom up"
365-195-620         Submissions to state.
365-195-630         Amendment.                                                    effort, involving early and continuous public participation,
365-195-640         Record of process.                                            with the central locus of decision-making at the local level.
                     PART SEVEN                                                        (4) Requirements for the locally developed plans to be
  RELATIONSHIP OF GROWTH MANAGEMENT PLANNING TO                                   consistent internally, consistent with county-wide planning
                    OTHER LAWS                                                    policies and consistent with the plans of other counties and
365-195-700         Background.                                                   cities where there are common borders or related regional
365-195-705         Basic assumptions.                                            issues.
365-195-710         Identification of other laws.
365-195-715         Integrating external considerations.                               (5) A requirement that development regulations adopted
365-195-720         Sources of law.                                               to implement the comprehensive plans be consistent with
365-195-725         Constitutional provisions.                                    such plans.
365-195-730         Federal authorities.
365-195-735         State and regional authorities.                                    (6) The principle that development and the providing of
365-195-740         Regional perspective.                                         public facilities and services needed to support development
365-195-745         Special siting statutes.                                      should occur concurrently.
365-195-750         Explicit statutory directions.                                     (7) A determination that planning and plan implementa-
365-195-755         Voluntary interjurisdictional planning efforts.
365-195-760         Integration of SEPA process with creation and adoption        tion actions should address difficult issues that have resisted
                         of comprehensive plans and development regula-           resolution in the past, such as:
                         tions.                                                        (a) The timely financing of needed infrastructure;
365-195-765         State agency compliance.
365-195-770         Compliance by regional agencies and special districts.             (b) Providing adequate and affordable housing for all
                          PART EIGHT
                                                                                  economic segments of the population;
                   DEVELOPMENT REGULATIONS                                             (c) Concentrating growth in urban areas, provided with
365-195-800         Relationship to comprehensive plans.
                                                                                  adequate urban services;
365-195-805         Implementation strategy.                                           (d) The siting of essential public facilities;
365-195-810         Timing of initial adoption.                                        (e) The designation and conservation of agricultural, for-
365-195-815         Review for compliance.                                        est, and mineral resource lands;
365-195-820         Submissions to state.
365-195-825         Regulations specifically required by the act.                      (f) The designation and protection of environmentally
365-195-830         Optional authorizations.                                      critical areas.
365-195-835         Concurrency regulations.                                           (8) An intention that economic development be encour-
365-195-840         Essential public facilities.
365-195-845         Permit process.                                               aged and fostered within the planning and regulatory scheme
365-195-850         Impact fees.                                                  established for managing growth.
365-195-855         Protection of private property.                               [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-010,
365-195-860         Housing for persons with handicaps.                           filed 11/17/92, effective 12/18/92.]
365-195-865         Supplementing, amending and monitoring.
                            PART NINE
                                                                                       WAC 365-195-020 Purpose. Within the framework
                                                                                       365-195-020



                     BEST AVAILABLE SCIENCE
                                                                                  established by the act, a wide diversity of local visions of the
365-195-900         Background and purpose.
365-195-905         Criteria for determining which information is the "best       future can be accommodated. Moreover, there is no exclusive
                         available science."                                      method for accomplishing the planning and development reg-
365-195-910         Criteria for obtaining the best available science.            ulation requirements of the act. However, in light of the com-
365-195-915         Criteria for including the best available science in devel-
                         oping policies and development regulations.              plexity and difficulty of the task, the legislature assigned the
365-195-920         Criteria for addressing inadequate scientific informa-        department of community development the function of estab-
                         tion.                                                    lishing a program of technical assistance. As part of that pro-
365-195-925         Criteria for demonstrating "special consideration" has
                         been given to conservation or protection measures        gram, the department is directed to adopt by rule procedural
                         necessary to preserve or enhance anadromous fish-        criteria to assist counties and cities in adopting comprehen-
                         eries.                                                   sive plans and development regulations that meet the goals
                                                                                  and requirements of the act. The purpose of this chapter is to
                        PART ONE                                                  carry out that directive.
                  GENERAL CONSIDERATIONS                                          [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-020,
                                                                                  filed 11/17/92, effective 12/18/92.]
    365-195-010


     WAC 365-195-010 Background. Through the Growth
Management Act, the legislature provided a new framework                                WAC 365-195-030 Applicability. (1) This chapter
                                                                                       365-195-030




for land use planning and the regulation of development in                        makes recommendations for meeting the requirements of the
Washington state in response to challenges posed to the qual-                     act. The recommendations set forth are intended as a listing
ity of life by rapid growth. Major features of this framework                     of possible choices, but compliance with the requirements of
include:                                                                          the act can be achieved without using all of the suggestions
     (1) A requirement that counties with specified popula-                       made here or by adopting other approaches.
tions and rates of growth and the cities within them adopt                              (2) These criteria are not meant to represent a minimum
comprehensive plans and development regulations under the                         list of actions which must be taken for comprehensive plans
act. Other counties can choose to be covered by this require-                     and development regulations to meet the goals and require-
ment, thereby including the cities they contain.                                  ments of the act.
     (2) A set of common goals to guide the development of                              (3) The growth planning hearings boards are authorized
comprehensive plans and development regulations.                                  to determine, in cases brought before them, whether compre-
[Title 365 WAC—p. 42]                                                                                                                         (2009 Ed.)
                                                         Growth Management Act                                                  365-195-070

hensive plans or development regulations are in compliance               by focusing on an analytical process, instead of on specific
with the goals and requirements of the act. In making such               outcomes.
determinations, the boards are required to consider the proce-                (3) Local plans and development regulations are
dural criteria contained in this chapter. However, compliance            expected to vary in complexity and in level of detail provided
with these criteria is not a prerequisite to a finding of compli-        in the supporting record, depending on population size,
ance with the act.                                                       growth rates, resources available for planning and scale of
    (4) Nothing in this chapter is intended to affect planning           public facilities, and services provided.
decisions and actions made pursuant to the act before this                    (4) In general, smaller jurisdictions will not be expected
chapter became effective, including but not limited to the               to engage in extensive original research, but will be able to
adoption of county-wide planning policies.                               rely upon reasonable assumptions derived from available
    (5) This chapter does not apply to jurisdictions not                 data of a statewide or regional nature or representative of
required to plan or not choosing to plan under RCW                       jurisdictions of comparable size and growth rates.
36.70A.040.                                                                   (5) In commenting on plans and regulations proposed
                                                                         for adoption, state agencies including the department should
[Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-030,
filed 11/17/92, effective 12/18/92.]
                                                                         be guided by a common-sense appreciation of the size of the
                                                                         jurisdiction involved and the magnitude of the problems
     365-195-040
                                                                         addressed. It is anticipated that the growth planning hearings
     WAC 365-195-040 General method. (1) This chapter                    boards will be informed by the same awareness.
identifies the act's mandatory provisions for creating compre-                (6) The department has developed a model comprehen-
hensive plans and development regulations. These statutory               sive plan for smaller jurisdictions which may be used to help
mandates are listed under headings labeled "requirements."               guide local planning where local resources are limited.
Courses of action the department recommends in order to                  [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-060,
comply with the act's mandates are set forth under headings              filed 11/17/92, effective 12/18/92.]
labeled "recommendations for meeting requirements."
     (2) Definitions and interpretations made in this chapter                 365-195-070

                                                                              WAC 365-195-070 Interpretations. The following
by the department, but not expressly set forth in the act, are           represent the department's interpretation of several critical
identified as such. The department's purpose is to provide               concepts about which the express terms of the act are not
assistance in interpreting the act, not to add provisions and            clear. While not necessarily the only appropriate way to view
meanings beyond those intended by the legislature.                       the concepts involved, these interpretations appear to be sup-
[Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-040,   ported by the overall statutory context.
filed 11/17/92, effective 12/18/92.]                                          (1) Goals. The act lists thirteen overall goals in RCW
                                                                         36.70A.020. Comprehensive plans and development regula-
     365-195-050


     WAC 365-195-050 Presumption of validity. Compre-                    tions are to be designed to meet these goals. The list of thir-
hensive plans and development regulations adopted under the              teen goals is not exclusive. Local governments may adopt
act are presumed valid upon adoption. Nevertheless, jurisdic-            additional goals. However, these additional goals must be
tions whose plans are challenged will be obliged to furnish a            supplementary. They may not conflict with the thirteen statu-
record for the review process. Although the presumption of               tory goals. Comprehensive plans must show how each of the
validity should discourage meritless appeals, if the presump-            goals is to be pursued consistent with the planning entity's
tion is overcome in any case, the county or city will be                 vision of its future. Differences in emphasis are expected
required to demonstrate compliance with the act. Such a dem-             from jurisdiction to jurisdiction. In some cases meeting cer-
onstration will be aided by a record which documents delib-              tain of these goals may involve support for activities beyond
erations, shows data relied upon, and explains how conclu-               jurisdictional boundaries. In most cases, if a comprehensive
sions were reached.                                                      plan meets the statutory goals, development regulations con-
                                                                         sistent with the comprehensive plan will meet the goals.
[Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-050,        (2) Economic development. The act lists economic
filed 11/17/92, effective 12/18/92.]
                                                                         development as one of the overall goals, but does not man-
     365-195-060
                                                                         date an economic development element within comprehen-
     WAC 365-195-060 Regional and local variations. (1)                  sive plans. This should not be read as a downgrading of the
Regional and local variations and the diversity that exist               importance of economic development as a feature of the
among different counties and cities are to be reflected in the           growth management planning and implementation process.
use and application of these procedural criteria. Local juris-           Planning under the act in connection with all mandatory ele-
dictions are expected to use a pick and choose approach. Fol-            ments should be undertaken with the goal of economic devel-
lowing these criteria is appropriate, in any case, only to the           opment in mind. Whether the jurisdiction elects to develop a
extent necessary to fairly meet the intent of the act in the par-        separate economic development element or not, desired lev-
ticular situation.                                                       els of job growth, and of commercial and industrial expan-
     (2) To a major extent, recognition of variations and                sion should be identified and supporting strategies should be
diversity is implicit in the framework of the act itself, with its       integrated with the land use, housing, utilities transportation,
emphasis on a "bottom up" planning process and on public                 and other features of the comprehensive plan.
participation. Such recognition is also inherent in the listing               (3) Concurrency. The achievement of concurrency
of goals without assignment of priority. Accordingly, this               should be sought with respect to public facilities in addition
chapter seeks to accommodate regional and local differences              to transportation facilities. The list of such additional facili-
(2009 Ed.)                                                                                                             [Title 365 WAC—p. 43]
365-195-200                                    Title 365 WAC: Community Development

ties should be locally defined. The department recommends                meet the needs of middle and lower income persons. While
that at least domestic water systems and sanitary sewer sys-             government policies and programs alone cannot ensure that
tems be added to concurrency lists applicable within urban               everyone is adequately housed, attention should be given to
growth areas, and that at least domestic water systems be                removing regulatory barriers to affordable housing where
added for lands outside urban growth areas. Concurrency                  such action is otherwise consistent with the act. In the overall
describes the situation in which adequate facilities are avail-          implementation of the act an effort should be made to avoid
able when the impacts of development occur, or within a                  an escalation of costs which will defeat the achievement of
specified time thereafter. With respect to facilities other than         the act's housing aims.
transportation facilities and water systems, local jurisdictions              (7) Consistency. The act calls for "consistency" in a
may fashion their own regulatory responses and are not lim-              number of contexts. In general, the phrase "not incompatible
ited to imposing moratoria on development during periods                 with" conveys the meaning of "consistency" most suited to
when concurrency is not maintained.                                      preserving flexibility for local variations. An important
      (4) Essential public facilities. The term "essential pub-          example of the use of the term is the requirement that com-
lic facilities" is a specialized term applicable in the context of       prehensive plans be internally consistent. This requirement
siting, and refers to facilities that are typically difficult to site.   appears to mean that the parts of the plan must fit together so
"Essential public facilities" do not necessarily include every-          that no one feature precludes the achievement of any other.
thing within the statutory definitions of "public facilities" and        (E.g., the densities selected and the wetlands to be protected
"public services," and should include additional items not               can both be achieved on the available land base.) A second
listed in those definitions. Consistent with county-wide plan-           significant example is the requirement that each comprehen-
ning policies, local governments should create their own lists           sive plan be consistent with other comprehensive plans of
of "essential public facilities," guided by the examples set             jurisdictions with common borders or related regional issues.
forth in RCW 36.70A.200, but not necessarily bound by                    Determining consistency in this interjurisdictional context is
those examples. For the purposes of identifying facilities to            complicated by the differences in timing which will occur in
be subject to the "essential public facilities" siting process, it       the adoption of plans. Initially interjurisdictional consistency
is not necessary that the facilities be publicly owned. If the           should be met by plans which are consistent with and carry
services involved meet a locally accepted definition of public           out the relevant county-wide planning policies.
service, the supporting facilities for the services may be               [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-070,
included on the list, regardless of ownership.                           filed 11/17/92, effective 12/18/92.]
      (5) Urban growth areas. The adoption of urban growth
areas by counties should reflect a cooperative effort among                                        PART TWO
jurisdictions to accomplish the requirements of the act on a                                      DEFINITIONS
regional basis. As growth occurs, most lands within urban
growth areas should ultimately be provided with local urban                   365-195-200


                                                                              WAC 365-195-200 Statutory definitions. For the con-
services by cities, either directly or by contract. Other service        venience of persons using these criteria the definitions con-
providers are appropriate within urban growth areas for                  tained in RCW 36.70A.030 are set forth below:
regional or county-wide services, or for isolated unincorpo-                  (1) "Adopt a comprehensive land use plan" means to
rated pockets characterized by urban growth. Provisions                  enact a new comprehensive land use plan or to update an
should be made for the phasing of development within each                existing comprehensive land use plan.
urban growth area to ensure that services are provided as                     (2) "Agricultural land" means land primarily devoted to
growth occurs. In proposing urban growth areas, cities should            the commercial production of horticultural, viticultural, flori-
endeavor to accommodate projected urban growth through                   cultural, dairy, apiary, vegetable, or animal products or of
infill within existing municipal boundaries. But in some                 berries, grain, hay, straw, turf, seed, Christmas trees not sub-
cases expansion will be logical. Interlocal agreements should            ject to the excise tax imposed by RCW 84.33.100 through
be negotiated regarding land use management and the provi-               84.33.140, or livestock and that has long-term commercial
sion of services to such potential expansion areas so that such          significance for agricultural production.
growth can occur in a manner consistent with the cities' com-
                                                                              (3) "City" means any city or town, including a code city.
prehensive plans and development regulations.
                                                                              (4) "Comprehensive land use plan," "comprehensive
      (6) Affordable housing. This is a term which applies to
                                                                         plan," or "plan" means a generalized coordinated land use
the adequacy of housing stocks to fulfill the housing needs of
                                                                         policy statement of the governing body of a county or city
all economic segments of the population. The underlying
                                                                         that is adopted pursuant to this chapter.
assumption is that the market place will guarantee adequate
housing for those in the upper economic brackets but that                     (5) "Critical areas" include the following areas and eco-
some combination of appropriately zoned land, regulatory                 systems:
incentives, financial subsidies, and innovative planning tech-                (a) Wetlands;
niques will be necessary to make adequate provisions for the                  (b) Areas with a critical recharging effect on aquifers
needs of middle and lower income persons. Each jurisdiction              used for potable water;
should incorporate a regional perspective into the identifica-                (c) Fish and wildlife habitat conservation areas;
tion of its housing planning area, with the understanding that                (d) Frequently flooded areas; and
the population to be planned for is county-wide. All jurisdic-                (e) Geologically hazardous areas.
tions should share in the responsibility for achieving a rea-                 (6) "Department" means the department of community
sonable and equitable distribution of affordable housing to              development.
[Title 365 WAC—p. 44]                                                                                                                (2009 Ed.)
                                                     Growth Management Act                                                 365-195-210

      (7) "Development regulations" means any controls              from nonwetland areas created to mitigate conversion of wet-
placed on development or land use activities by a county or         lands, if permitted by the county or city.
city, including, but not limited to, zoning ordinances, subdi-      [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-200,
vision ordinances, and binding site plan ordinances.                filed 11/17/92, effective 12/18/92.]
      (8) "Forest land" means land primarily useful for grow-
ing trees, including Christmas trees subject to the excise tax           365-195-210


                                                                         WAC 365-195-210 Definitions of terms as used in
imposed under RCW 84.33.100 through 84.33.140, for com-             this chapter. The following are definitions of terms which
mercial purposes, and that has long-term commercial signifi-        are not defined in RCW 36.70A.030 but which are defined
cance for growing trees commercially.                               here for purposes of these procedural criteria. The department
      (9) "Geologically hazardous areas" means areas that           recommends that counties and cities planning under the act
because of their susceptibility to erosion, sliding, earthquake,    adopt these definitions in their plans:
or other geological events, are not suited to the siting of com-          "Act" means the Growth Management Act as enacted in
mercial, residential, or industrial development consistent          chapter 17, Laws of 1990 1st ex. sess., and chapter 32, Laws
with public health or safety concerns.                              of 1991 sp. sess., state of Washington.
      (10) "Long-term commercial significance" includes the               "Adequate public facilities" means facilities which have
growing capacity, productivity, and soil composition of the         the capacity to serve development without decreasing levels
land for long-term commercial production, in consideration          of service below locally established minimums.
with the land's proximity to population areas, and the possi-            "Affordable housing" means residential housing that is
bility of more intense uses of the land.                            rented or owned by a person or household whose monthly
      (11) "Minerals" include gravel, sand, and valuable            housing costs, including utilities other than telephone, do not
metallic substances.                                                exceed thirty percent of the household's monthly income.
      (12) "Public facilities" include streets, roads, highways,         "Available public facilities" means that facilities or ser-
sidewalks, street and road lighting systems, traffic signals,       vices are in place or that a financial commitment is in place to
domestic water systems, storm and sanitary sewer systems,           provide the facilities or services within a specified time. In
parks and recreational facilities, and schools.                     the case of transportation, the specified time is six years from
      (13) "Public services" include fire protection and sup-       the time of development.
pression, law enforcement, public health, education, recre-
                                                                          "Concurrency" means that adequate public facilities are
ation, environmental protection, and other governmental ser-
                                                                    available when the impacts of development occur. This defi-
vices.
                                                                    nition includes the two concepts or "adequate public facili-
      (14) "Urban growth" refers to growth that makes inten-
                                                                    ties" and of "available public facilities" as defined above.
sive use of land for the location of buildings, structures, and
                                                                          "Consistency" means that no feature of a plan or regula-
impermeable surfaces to such a degree as to be incompatible
                                                                    tion is incompatible with any other feature of a plan or regu-
with the primary use of such land for the production of food,
                                                                    lation. Consistency is indicative of a capacity for orderly inte-
other agricultural products, or fiber, or the extraction of min-
                                                                    gration or operation with other elements in a system.
eral resources. When allowed to spread over wide areas,
urban growth typically requires urban governmental services.               "Coordination" means consultation and cooperation
"Characterized by urban growth" refers to land having urban         among jurisdictions.
growth located on it, or to land located in relationship to an            "Contiguous development" means development of areas
area with urban growth on it as to be appropriate for urban         immediately adjacent to one another.
growth.                                                                    "Demand management strategies," or "transportation
      (15) "Urban growth area" means those areas designated         demand management strategies (TDM)" means strategies
by a county pursuant to RCW 36.70A.110.                             aimed at changing travel behavior rather than at expanding
      (16) "Urban governmental services" include those gov-         the transportation network to meet travel demand. Such strat-
ernmental services historically and typically delivered by cit-     egies can include the promotion of work hour changes, ride-
ies, and include storm and sanitary sewer systems, domestic         sharing options, parking policies, telecommuting.
water systems, street cleaning services, fire and police pro-             "Domestic water system" means any system providing a
tection services, public transit services, and other public util-   supply of potable water which is deemed adequate pursuant
ities associated with urban areas and normally not associated       to RCW 19.27.097 for the intended use of a development.
with nonurban areas.                                                      "Financial commitment" means that sources of public or
      (17) "Wetland" or "wetlands" means areas that are inun-       private funds or combinations thereof have been identified
dated or saturated by surface water or ground water at a fre-       which will be sufficient to finance public facilities necessary
quency and duration sufficient to support, and that under nor-      to support development and that there is reasonable assurance
mal circumstances do support, a prevalence of vegetation            that such funds will be timely put to that end.
typically adapted for life in saturated soil conditions. Wet-             "Growth Management Act" - see definition of "Act."
lands generally include swamps, marshes, bogs, and similar                 "Level of service" means an established minimum
areas. Wetlands do not include those artificial wetlands inten-     capacity of public facilities or services that must be provided
tionally created from nonwetland sites, including, but not          per unit of demand or other appropriate measure of need.
limited to, irrigation and drainage ditches, grass-lined swales,           "Master planned resort" means a self-contained and
canals, detention facilities, wastewater treatment facilities,      fully integrated planned unit development, in a setting of sig-
farm ponds, and landscape amenities. However, wetlands              nificant natural amenities, with primary focus on destination
may include those artificial wetlands intentionally created         resort facilities consisting of short-term visitor accommoda-
(2009 Ed.)                                                                                                        [Title 365 WAC—p. 45]
365-195-220                                Title 365 WAC: Community Development

tions associated with a range of developed on-site indoor or       [Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-210,
outdoor recreational facilities.                                   filed 8/11/93, effective 9/11/93; 92-23-065, § 365-195-210, filed 11/17/92,
                                                                   effective 12/18/92.]
        "New fully contained community" is a development
proposed for location outside of the existing designated urban          365-195-220

                                                                        WAC 365-195-220 Additional definitions to be
growth areas which is characterized by urban densities, uses,      adopted locally. In addition to adopting definitions of terms
and services, and meets the criteria of RCW 36.70A.350.            set forth in the preceding section, planning jurisdictions
      "Planning period" means the twenty-year period follow-       should consider developing local definitions of the following,
ing the adoption of a comprehensive plan or such longer            to the extent such terms are used in local plans. The defini-
period as may have been selected as the initial planning hori-     tions should in every case be consistent with county-wide
zon by the planning jurisdiction.                                  planning policies:
       "Public service obligations" means obligations imposed           "Development rights."
by law on utilities to furnish facilities and supply service to         "Essential public facilities."
all who may apply for and be reasonably entitled to service.            "Rural governmental services."
       "Regional transportation plan" means the transportation          "Objectives, principles, and standards."
plan for the regionally designated transportation system                "Related regional issues."
which is produced by the regional transportation planning          [Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-220,
organization.                                                      filed 8/11/93, effective 9/11/93; 92-23-065, § 365-195-220, filed 11/17/92,
         "Regional transportation planning organization            effective 12/18/92.]
(RTPO)" means the voluntary organization conforming to
RCW 47.80.020, consisting of local governments within a                            PART THREE
region containing one or more counties which have common               FEATURES OF THE COMPREHENSIVE PLAN
transportation interests.                                               365-195-300



       "Rural lands" means all lands which are not within an            WAC 365-195 -300 Mandatory element s. (1)
urban growth area and are not designated as natural resource       Requirements. The comprehensive plan shall consist of a
lands having long term commercial significance for produc-         map or maps and descriptive text covering objectives, princi-
tion of agricultural products, timber, or the extraction of min-   ples, and standards used to develop the comprehensive plan.
erals.                                                             The plan shall be an internally consistent document and all
                                                                   elements shall be consistent with the future land use map.
       "Sanitary sewer systems" means all facilities, including
                                                                        (a) Each comprehensive plan shall include a plan,
approved on-site disposal facilities, used in the collection,
                                                                   scheme, or design for each of the following:
transmission, storage, treatment, or discharge of any water-
borne waste, whether domestic in origin or a combination of             (i) A land use element.
domestic, commercial, or industrial waste.                              (ii) A housing element.
                                                                        (iii) A capital facilities plan element.
       "Solid waste handling facility" means any facility for
                                                                        (iv) A utilities element.
the transfer or ultimate disposal of solid waste, including land
                                                                        (v) A transportation element.
fills and municipal incinerators.
                                                                        Counties shall also include a rural element including
        "Transportation facilities" includes capital facilities    lands that are not designated for urban growth, agriculture,
related to air, water, or land transportation.                     forest, or mineral resources.
        "Transportation level of service standards" means a             (b) Additionally each plan shall contain a process for
measure which describes the operational condition of the           identifying and siting essential public facilities.
travel stream and acceptable adequacy requirements. Such                (2) Recommendations for overall design.
standards may be expressed in terms such as speed and travel            (a) The planning horizon for the comprehensive plan
time, freedom to maneuver, traffic interruptions, comfort,         should be at least the twenty-year period following the adop-
convenience, geographic accessibility, and safety.                 tion of the plan.
       "Transportation system management (TSM)" means the               (b) Planning jurisdictions should consider including at
use of low capital expenditures to increase the capacity of the    the outset a separate section addressing the statutory goals
transportation system. TSM strategies include but are not          and how the plan deals with each of them. This section should
limited to signalization, channelization, and bus turn-outs.       also identify any supplementary goals adopted.
        "Utilities" or "public utilities" means enterprises or          (c) County-wide planning policies establish a county-
facilities serving the public by means of an integrated system     wide framework from which county and city comprehensive
of collection, transmission, distribution, and processing facil-   plans are to be developed. How the applicable county-wide
ities through more or less permanent physical connections          policies have been integrated into the plans should be made
between the plant of the serving entity and the premises of the    apparent.
customer. Included are systems for the delivery of natural              (d) Each plan should contain a future land use map or
gas, electricity, telecommunications services, and water, and      maps, showing the proposed physical distribution and loca-
for the disposal of sewage.                                        tion of the various land uses during the planning period. This
       "Visioning" means a process of citizen involvement to       map should provide a graphic display of how and where
determine values and ideals for the future of a community          development is expected to occur.
and to transform those values and ideals into manageable and            (e) The descriptive text covering objectives, principles,
feasible community goals.                                          and standards used to develop the comprehensive plan will be
[Title 365 WAC—p. 46]                                                                                                              (2009 Ed.)
                                                         Growth Management Act                                                  365-195-310

expressive of the vision of the future of the planning entity.           that greater intensity of development is proposed, the strategy
The text should articulate community values derived from the             should include a description of the general range of physical
visioning and other citizen participation processes. The terms           forms contemplated for structures which will accommodate
objectives, principles, and standards relate to methods chosen           the new growth.
to meet planning goals or measurable steps on the path                        (h) Identification of the approximate spatial require-
toward achieving such goals. The precise meaning of these                ments for capital facilities (including transportation facilities)
terms should be locally defined.                                         and utilities needed to support the planned level of develop-
     (f) Jurisdictions are encouraged to include at the begin-           ment.
ning of their comprehensive plans a section which summa-                      (i) Generalized location and estimation of quantity of
rizes, with graphics and a minimum of text, how the various              land needed for utility corridors, open space corridors, criti-
pieces of the plan fit together. Plans may include overlay               cal areas, and natural resource lands to be included within the
maps and other graphic displays depicting development pat-               planning area.
terns, phasing of development, neighborhoods or subarea                       (j) Preparation of the future land use map on the basis of
definitions, and other plan features.                                    the total analysis performed.
     (g) A suggested detailed approach of how each element                    (k) Reevaluation of this scheme in light of:
of the comprehensive plan may be prepared is provided                         (i) The projected capacity for financing the needed capi-
through assistance manuals produced by the department.                   tal facilities over the planning period; and
[Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-300,        (ii) An assessment of whether the densities and distribu-
filed 11/17/92, effective 12/18/92.]                                     tion of growth contemplated can be achieved within the
                                                                         capacity of available land and water resources and without
     WAC 365-195-305 Land use element. (1) Require-
     365-195-305

                                                                         environmental degradation.
ments. This element shall contain at least the following fea-                 (l) Creation of a ground water protection strategy, inte-
tures:                                                                   grating the relevant planning requirements of other statutes,
     (a) Designation of the proposed general distribution and            consistent with the designation of areas with a critical
general location and extent of the uses of land, where appro-            recharging effect on aquifers used for potable water. Consid-
priate, for agriculture, timber production, housing, com-                eration should be given to the adoption of nondegradation as
merce, industry, recreation, open spaces, public utilities, pub-         a ground water protection goal.
lic facilities, and other land uses.                                          (m) Consultation with neighboring jurisdictions and
     (b) Population densities, building intensities, and esti-           state agencies to formulate a cooperative, integrated, water-
mates of future population growth.                                       shed based approach to identified pollution problems caused
     (c) Provisions for protection of the quality and quantity           by drainage, flooding, storm water runoff, failing septic sys-
of ground water used for public water supplies.                          tems, agricultural runoff, and other nonpoint sources, taking
     (d) Where applicable, a review of drainage, flooding,               advantage of existing plans dealing with these subjects. To
and storm water runoff in the area covered by the plan and               the extent that county-wide planning policies are relevant,
nearby jurisdictions, and guidance for corrective actions to             they should followed in arriving at interjurisdictional solu-
mitigate or cleanse those discharges that pollute waters of the          tions.
state, including Puget Sound or waters entering Puget Sound.                  (n) A schedule for the phasing of the development con-
     (2) Recommendations for meeting requirements. The                   templated consistent with the availability of capital facilities
following steps are recommended in preparing the land use                as provided in the capital facilities element.
element:                                                                 [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-305,
     (a) Integration of relevant county-wide planning policies           filed 11/17/92, effective 12/18/92.]
(and, where applicable, multicounty planning policies) into
the local planning process.                                                   WAC 365-195-310 Housing element. (1) Require-
                                                                              365-195-310




     (b) Identification of the existing general distribution and         ments. This element shall contain at least the following fea-
location of various land uses.                                           tures:
     (c) Identification of the approximate acreage and general                (a) An inventory and analysis of existing and projected
range of density or intensity of existing uses.                          housing needs.
     (d) Estimation using available data of the future popula-                (b) A statement of the goals, policies, and objectives for
tion growth for the planning area and a projection of the level          the preservation, improvement, and development of housing.
of commercial, industrial, and residential development likely                 (c) Identification of sufficient land for housing, includ-
to be experienced over at least the next twenty years.                   ing, but not limited to, government-assisted housing, housing
     (e) Selection of commercial, industrial, and residential            for low-income families, manufactured housing, multifamily
densities sought to be achieved and their distribution for the           housing, and group homes and foster care facilities.
purposes of accommodating the anticipated growth.                             (d) Adequate provisions for existing and projected hous-
     (f) Inventory of vacant, partially used and under-utilized          ing needs of all economic segments of the community.
land. Analysis of the extent to which existing buildings and                  (2) Recommendations for meeting requirements. The
housing, together with vacant, partially used and under-uti-             following steps are recommended in preparing the housing
lized land can support anticipated growth at the densities               element:
selected.                                                                     (a) Preparation of an inventory and analysis of the condi-
     (g) Preparation of an implementation strategy for accom-            tion of existing housing stocks, using currently available data
plishing the densities and distribution sought. To the extent            to the extent possible.
(2009 Ed.)                                                                                                             [Title 365 WAC—p. 47]
365-195-315                                Title 365 WAC: Community Development

     (b) An assessment of the needs for housing in the plan-            (k) Emphasis should be placed on adequately providing
ning area, including both present needs and needs anticipated      for group homes, foster care facilities, and facilities for other
as a result of planned growth over the planning period.            special populations, while maintaining an equitable distribu-
     (c) Evaluation of the extent to which the existing and        tion of these facilities among neighboring jurisdictions.
projected market can provide housing at various costs and for           (l) In developing the housing element attention should be
various income levels.                                             directed to working with the desires of residents to preserve
     (d) Estimation of the present and future extent of popu-      the character and vitality of existing neighborhoods, along
lations in the planning area which require assistance to obtain    with the rights of people to live in the neighborhood of their
housing they can afford.                                           choice.
     (e) Identification of existing programs and policies to            (m) The provisions of the housing element should be
promote adequate housing for population segments which             integrated with the provisions of the land use element.
cannot afford housing in the existing market and evaluation             (n) Provision for a program of ongoing review to moni-
of their effectiveness.                                            tor the performance of the housing strategy and for making
     (f) Incorporation of county-wide planning policies on         adjustments and revisions as needed to achieve the goals, pol-
affordable housing and parameters for the distribution of          icies, and objectives. Such a program could include the col-
such housing. This should include identification of the share      lection and maintenance of information about the housing
of affordable housing to be provided by the planning jurisdic-     market, and where reasonably available from existing
tion and how it will be achieved. In some cases, it may be         sources, data on the supply of developable residential build-
appropriate for a jurisdiction to provide assistance for the       ing lots at various land-use densities and the supply of rental
location of affordable housing elsewhere.                          and for-sale housing at various price levels.
     (g) Planning jurisdictions should use the following           [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-310,
ranges for various economic groupings in the planning area:        filed 11/17/92, effective 12/18/92.]
     (i) Extremely low income - below thirty percent of
median income.                                                          365-195-315


                                                                         WAC 365-195-315 Capital facilities element. (1)
     (ii) Very low income - between thirty-one percent and         Requirements. This element shall contain at least the follow-
fifty percent of median income.                                    ing features:
     (iii) Low income - between fifty-one percent and eighty             (a) An inventory of existing capital facilities owned by
percent of median income.                                          public entities, showing the locations and capacities of the
     (iv) Moderate income - between eighty-one percent and         capital facilities.
ninety-five percent of median income.                                    (b) A forecast of the future needs for such capital facili-
     (v) Middle income - between ninety-six percent and one        ties.
hundred twenty percent of median income.                                 (c) The proposed locations and capacities of expanded or
     The parameters to be used in planning for affordable          new capital facilities.
housing should be those adopted and annually adjusted for                (d) At least a six-year plan that will finance such capital
household size by the United States Department of Housing          facilities within projected funding capacities and clearly
and Urban Development (HUD).                                       identifies sources of public money for such purposes.
     (h) Determination of housing goals, policies, and objec-            (e) A requirement to reassess the land use element if
tives in light of the needs identified. This process should        probable funding falls short of meeting existing needs and to
include consideration of the locational needs of various types     ensure that the land use element, capital facilities plan ele-
of housing in light of proximity to employment and of access       ment, and financing plan within the capital facilities plan ele-
to transportation and services.                                    ment are coordinated and consistent.
     (i) Identification of new programs and policies which               (2) Recommendations for meeting requirements. The
can be instituted to promote adequate housing for all eco-         capital facilities element should serve as a check on the prac-
nomic segments of the population.                                  ticality of achieving other elements of the plan. The follow-
     (j) Preparation of a strategy for preserving, improving,      ing steps are recommended in preparing the capital facilities
and developing housing which will attempt to meet the needs        element:
identified for all economic segments of the population in the            (a) Inventory of existing capital facilities showing loca-
planning area. The strategy should include:                        tions and capacities, including an inventory of the extent to
     (i) Consideration of the range of housing choices to be       which existing facilities possess presently unused capacity.
encouraged, including but not limited to, multifamily hous-        Capital facilities involved should include water systems, san-
ing, mixed uses, manufactured homes, accessory living units,       itary sewer systems, storm water facilities, schools, parks and
and detached homes.                                                recreational facilities, police and fire protection facilities.
     (ii) Consideration of various lot sizes and densities, and          (b) The selection of levels of service or planning
of clustering and other design configurations.                     assumptions for the various facilities to apply during the
     (iii) Identification of sufficient appropriately zoned land   planning period (twenty years or more) and which reflect
to accommodate the identified housing needs over the plan-         community goals.
ning period.                                                             (c) A forecast of the future needs for such capital facili-
     (iv) Evaluation of the capacity of local public and private   ties based on the levels of service or planning assumptions
entities and the availability of financing to produce housing      selected and consistent with the growth, densities and distri-
to the meet the identified need.                                   bution of growth anticipated in the land use element.
[Title 365 WAC—p. 48]                                                                                                          (2009 Ed.)
                                                         Growth Management Act                                                  365-195-325

     (d) The creation of a six-year capital facilities plan for                (f) Creation of local criteria for siting utilities over the
financing capital facilities needed within that time frame.              planning period, involving:
Projected funding capacities, are to be evaluated, followed by                 (i) Consideration of whether any siting proposal is con-
the identification of sources of public or private funds for             sistent with the locations and densities for growth contem-
which there is reasonable assurance of availability. The six-            plated in the land use element.
year plan should be updated at least biennially so that finan-                 (ii) Consideration of any public service obligations of the
cial planning remains sufficiently ahead of the present for              utility involved.
concurrency to be evaluated.                                                   (iii) Evaluation of whether the siting decision will
     (e) The needs for capital facilities should be dictated by          adversely affect the ability of the utility to provide service
the phasing schedule set forth in the land use element.                  throughout its system.
     (f) Provision should be made to reassess the land use ele-                (iv) Balancing of local design considerations against
ment and other elements of the plan periodically in light of             articulated needs for system-wide uniformity.
the evolving capital facilities plan. If the probable funding for              (g) Policies should be adopted which call for:
capital facilities at any time is insufficient to meet existing                (i) Joint use of transportation rights of way and utility
needs, the land use element must be reassessed. At the same              corridors, where possible.
time funding possibilities and levels of service might also be                 (ii) Timely and effective notification of interested utili-
reassessed. The plan should require that as a result of such             ties of road construction, and of maintenance and upgrades of
reassessment, appropriate action must be taken to ensure the             existing roads to facilitate coordination of public and private
internal consistency of the land use and capital facilities por-         utility trenching activities.
tions of the plan. The plan should set forth how, if at all,                   (iii) Consideration of utility permits simultaneously with
pending applications for development will be affected while              the proposals requesting service and, when possible, approval
such a reassessment is being undertaken.                                 of utility permits when the project to be served is approved.
[Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-315,         (h) Coordination among adjacent planning jurisdictions
filed 11/17/92, effective 12/18/92.]                                     to ensure the consistency of each jurisdiction's utilities ele-
                                                                         ment and regional utility plans, and to develop a coordinated
     365-195-320

     WAC 365-195-320 Utilities element. (1) Require-                     process for siting regional utility facilities in a timely manner.
ments. This element shall contain at least the following fea-            [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-320,
tures: The general location, proposed location, and capacity             filed 11/17/92, effective 12/18/92.]
or all existing and proposed utilities, including, but not lim-
ited to, electrical lines, telecommunication lines, and natural               WAC 365-195-325 Transportation element. (1)
                                                                              365-195-325




gas lines.                                                               Requirements. This element shall contain at least the follow-
     (2) Recommendations for meeting requirements. The                   ing subelements:
following steps are recommended in preparing the utilities                    (a) Land use assumptions used in estimating travel;
element:                                                                      (b) Facilities and services needs, including:
     (a) Integration of the general location and capacity of                  (i) An inventory of air, water, and land transportation
existing and proposed utility facilities with the land use ele-          facilities and services, including transit alignments, to define
ment of the plan. For the purposes of this step, proposed util-          existing capital facilities and travel levels as a basis for future
ities are understood to be those awaiting approval when the              planning;
comprehensive plan is adopted.                                                (ii) Level of service standards for all arterials and transit
     (b) An analysis of the capacity needs for various utilities         routes to serve as a gauge to judge performance of the system.
over the planning period to serve the growth anticipated at the          These standards should be regionally coordinated;
locations and densities proposed within the jurisdiction's                    (iii) Specific actions and requirements for bringing into
planning area. The analysis of capacity needs should be                  compliance any facilities or services that are below an estab-
developed in consultation with serving utilities, including              lished level of service standard;
consideration of comprehensive utility plans, least-cost                      (iv) Forecasts of traffic for at least ten years based on the
plans, load forecasts, and other planning efforts.                       adopted land use plan to provide information on the location,
     (c) The general location of utility lines and facilities            timing, and capacity needs of future growth;
required to furnish anticipated capacity needs for the plan-                  (v) Identification of system expansion needs and trans-
ning period within the jurisdiction's planning area. This                portation system management needs to meet current and
should be developed in consultation with serving utilities as a          future demands;
part of the process of identifying lands useful for public pur-               (c) Finance, including:
poses to be carried out by planning jurisdictions.                            (i) An analysis of funding capability to judge needs
     (d) Evaluation of whether any utilities should be identi-           against probable funding resources;
fied and classified as essential public facilities, subject in                (ii) A multiyear financing plan based on the needs iden-
cases of siting difficulty to the separate siting process estab-         tified in the comprehensive plan, the appropriate parts of
lished under the comprehensive plan for such facilities.                 which shall serve as the basis for the six-year street, road, or
     (e) Evaluation of whether any utilities within the plan-            transit program required by RCW 35.77.010 for cities, RCW
ning area are subject to county-wide planning policies for sit-          36.81.121 for counties, and RCW 35.58.2795 for public
ing public facilities of a county-wide or statewide nature and           transportation systems;
if so, the integration of those policies into the local plan for              (iii) If probable funding falls short of meeting identified
application as relevant.                                                 needs, a discussion of how additional funding will be raised
(2009 Ed.)                                                                                                             [Title 365 WAC—p. 49]
365-195-325                                Title 365 WAC: Community Development

or how land use assumptions will be reassessed to ensure that       rent and projected surrounding land use should be made with
level of service standards will be met;                             respect to uses that are compatible and available for current
      (d) Intergovernmental coordination efforts, including an      and projected transportation needs.
assessment of the impacts of the transportation plan and land            (B) A map of the rail lines and intermodal facilities; a
use assumptions on the transportation systems of adjacent           description of ownership, condition, and identification of
jurisdictions;                                                      whether the rail lines are for passenger and/or freight move-
      (e) Demand-management strategies.                             ment. Consideration of current and projected surrounding
      (2) Recommendations for meeting requirements. The             land use should be made with respect to uses that are compat-
following steps are recommended in preparing the transporta-        ible and available for current and future projected land trans-
tion element:                                                       portation needs.
      (a) Local and regional transportation goals and policies           (iv) Inventory of transit facilities and services within the
for the following transportation modes, where applicable:           planning area can include but not necessarily be limited to, a
      (i) Roadways;                                                 description of the service, service area, routes, major transfer
      (ii) Transit: Fixed route and demand response;                centers, population base, passengers carried, number of vehi-
      (iii) Nonmotorized travel: Bicycle and pedestrian;            cles including seating capacity, miles of route and vehicle
      (iv) Port and intermodal facilities: Water, rail, air, and    hours within the local jurisdiction's boundaries. Analysis of
industrial;                                                         projected transit needs should be made based on projected
      (v) Rail: Passenger and freight;                              land use assumptions. For example, transit improvements
      (vi) Freight mobility: Truck, rail, and barge.                should be planned in areas of projected residential and/or
      (b) A discussion of how the transportation element            employment centers. Consideration of current and projected
implements the land use element, how the transportation and         surrounding land use should be made with respect to uses that
land use elements are consistent, and how the transportation        are compatible and available for current and projected transit
element is consistent with the regional transportation plan.        needs.
Discussion concerning regional development strategies                    (d) If the planning area is within a National Ambient Air
which promote the regional transportation plan and an effi-         Quality Standards nonattainment area, compliance with the
cient transportation system should be included.                     Clean Air Act Amendments of l990 is required. The follow-
      (c) Inventories, incorporating the level of detail appro-     ing should be included in the transportation element of the
priate for the planning jurisdiction:                               comprehensive plan as applicable to locally generated mobile
      (i) Air transportation facilities inventory can include but   sources of pollutants: A map of the area designated as the
not necessarily be limited to: A description of the services        nonattainment area for ozone, carbon monoxide, and particu-
provided by the facilities and location of the air transporta-      late matter (PM10); a discussion of the severity of the viola-
tion facilities; a capacity analysis to compare current and pro-    tion(s) contributed by transportation-related sources causing
jected airport needs; a capacity analysis of roads, rail, and       nonattainment and a description of measures that will be
navigational routes to assess freight and passenger access to       implemented consistent with the state implementation plan
airport facilities. Consideration of the current and projected      for air quality, in order to comply with the national standards
surrounding land uses should be made with respect to uses           for the air, land, water, and transit sections of the transporta-
that are compatible and available for projected airport needs.      tion element. Local jurisdictions should refer to local air
      (ii) Inventory of water transportation can include but not    quality agencies and metropolitan planning organizations for
necessarily be limited to:                                          assistance.
      (A) A description of the ferry service, ownership, a map           (e) Provide a definition of the level of service (LOS) to
of the routes, the number of vessels, frequency of the service,     be adopted for the transportation system that includes at least
passenger capacity, and vehicle capacity impacting the plan-        arterials and transit routes. The definition of level of service
ning area; a capacity analysis of ferry service compared to         is not restricted to the traditional Highway Capacity Manual
current and projected needs. Consideration of the current and       approach, but could include district, area-wide, corridor, or
projected surrounding land use should be made with respect          other nontraditional level of service standards. Provide an
to uses that are compatible and available for current and pro-      inventory of the current level of service of at least arterial and
jected ferry needs.                                                 transit routes. Adopted level of service standards should
      (B) A description of the port facilities, service and loca-   reflect access, mobility, mode-split, or capacity goals for the
tion of the facilities; an analysis of freight movement show-       transportation facility depending upon the surrounding devel-
ing the proportion of freight which is moved by rail and by         opment density and community goals, and should be devel-
truck to determine access adequacy. Consideration of the cur-       oped in consultation with transit agencies serving the plan-
rent and projected surrounding land use should be made in           ning area.
terms of compatibility and availability for current and pro-             (f) System expansion needs should include consider-
jected port needs.                                                  ations for: Repair, replacement, or enhancement, and/or
      (iii) Inventory of land transportation can include but not    expansion.
necessarily be limited to:                                               (g) Transportation system management (TSM) and
      (A) A map of arterials and limited access facilities; a       transportation demand management (TDM) implementation
description of the general travel market (i.e., commuter, tour-     measures can include, but not necessarily be limited to: Sig-
ist, farm to market, etc.) served by the transportation net-        nal coordination, channelization, high occupancy vehicle
work; traffic volumes, functional classification, ownership         (HOV) lanes, ridesharing, trip substitution, trip shifting,
and physical and operational condition. Consideration of cur-       increased public transportation, parking policies and high
[Title 365 WAC—p. 50]                                                                                                       (2009 Ed.)
                                                     Growth Management Act                                                 365-195-330

occupancy subsidy programs. Provision should be made for                 (iv) The state department of transportation and the trans-
evaluating the effectiveness of these strategies, and funding       portation commission will develop a state transportation plan
sources should be identified.                                       as required by RCW 47.01.071, and identify and jointly plan
     (h) The finance subelement should include, but not nec-        improvements and strategies within corridors of regional or
essarily be limited to:                                             statewide significance coordinated and consistent with the
     (i) Results of the identification study of current and pro-    RTPO's.
jected deficiencies;                                                     Local jurisdictions should refer to the Systems Plan pro-
     (ii) Development of cost estimates to alleviate deficien-      duced by the department of transportation for service objec-
cies;                                                               tives on state-owned transportation facilities, proposed
     (iii) Assessment of revenue forecasts/shortfalls;              improvements, and identification of deficiencies for the state-
     (iv) Development of financing policies; and                    owned transportation facilities.
     (v) Development of a financing schedule which matches               The department of transportation should be involved
projects and funding availability.                                  with the regionally coordinated effort to set level of service
     If sufficient public and/or private funding cannot be          standards for arterials and transit routes.
found, land use assumptions will be reassessed to ensure that            (v) Key coordination efforts between interested public,
level of service standards will be met, or level of service stan-   private, and citizen groups should include: Transportation
dards will be adjusted.                                             plan development; identification of needs; land use coordina-
     (i) Intergovernmental coordination.                            tion; capital program development; prioritization of projects,
     (i) Jurisdictions should assess the impacts of their trans-    financial plan, LOS standards development; capacity
portation and land use decisions on adjacent jurisdictions.         accounting procedures; development review process; timing
Impacts of those decisions should be identified and discus-         of concurrency review; analysis methods; legal requirements
sion of strategies to address inconsistencies should be             (vesting, appeals); concurrency management system ordi-
included.                                                           nance; LOS monitoring.
     (A) A discussion of how the local transportation and land      [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-325,
use goals relate to adjacent jurisdictions' transportation and      filed 11/17/92, effective 12/18/92.]
land use goals, county-wide policies, regional land use and
                                                                         WAC 365-195-330 Rural element. (1) Requirements.
                                                                         365-195-330

transportation strategies, and statewide goals outlined in the
act.                                                                This element is required only of counties. This element shall
     (B) Local jurisdictions should refer to the Washington         include lands that are not designated for urban growth, agri-
state transportation policy plan for guidance on statewide          culture, forest, or mineral resources. The rural element shall
transportation policy.                                              permit land uses that are compatible with the rural character
     (C) Local jurisdictions should refer to the regional trans-    of such lands and provide for a variety of rural densities.
portation plan produced by the regional transportation plan-             (2) Recommendations for meeting requirements. The
ning organization for guidance concerning the designated            following steps are recommended in preparing the rural ele-
regional transportation system. Local jurisdictions should          ment:
also define their community's role in the regional transporta-           (a) Identification of rural lands.
tion and land use strategy and produce transportation and                (b) Identification of the amount of population growth
land use plans, and development regulations which promote           within the twenty-year planning period which will be permit-
that role.                                                          ted to live or work on rural lands. This population should be
     (D) Local jurisdictions should refer to the responsible        consistent with an area of low-density where the full array of
transportation agencies for information concerning current          urban governmental services is not available.
and projected plans for air, land, and water transportation              (c) Adoption of policies for the development of such
facilities and services. Local jurisdictions and agencies           lands, including:
responsible for air, land, and water transportation facilities           (i) Identification of the general type of uses to be permit-
and services should cooperate in identifying and resolving          ted;
land use and transportation linkage issues.                              (ii) Provision for a variety of densities for residential,
     (ii) All transportation projects which have an impact on       commercial, and industrial development consistent with
the regional transportation system must be consistent with the      maintenance of the rural character of the area. Consideration
regional transportation plan as defined by RCW 47.80.030. A         should be given to policies allowing the approval of planned
regional transportation planning organization shall certify         unit developments, density averaging, cluster housing, and
that the transportation elements of the adopted county, city,       innovative techniques of managing development within over-
and town comprehensive plans within the region conform              all parameters of rural density.
with RCW 36.70A.070. Regional transportation plans, state                (iii) Establishment of a definition of rural governmental
transportation plans, and county and city comprehensive             services which identifies the limited public facilities and ser-
plans shall be consistent with one another.                         vices which should be provided to persons living or working
     (iii) Traffic forecasts should be based on adopted             in rural areas.
regional growth strategies, the regional transportation plan,            (iv) Determination of appropriate buffers between agri-
and comprehensive plans within the region to ensure consis-         cultural, forest, and mineral resource lands of long-term com-
tency between jurisdictions. The forecast of at least ten years     mercial significance and rural lands.
of travel demand should include vehicular, transit, and non-             (v) Provisions regulating development at the boundary
motorized modes of transportation.                                  of urban growth areas so as not to foreclose the possible
(2009 Ed.)                                                                                                        [Title 365 WAC—p. 51]
365-195-335                                    Title 365 WAC: Community Development

eventual orderly inclusion of such areas within urban growth                  (c) The county shall attempt to reach agreement with
areas.                                                                   each city on the location of an urban growth area within
     (d) Adoption of policies for preservation of the rural              which the city is located.
character of such lands, including:                                           (d) If an agreement is not reached with each city located
     (i) Preservation of critical areas, consistent with private         within the urban growth area, the county shall justify in writ-
property rights;                                                         ing why it so designated an urban growth area.
     (ii) Continuation of agricultural uses, the cultivation of               (3) Recommendations for meeting requirements. The
timber, and excavation of mineral resources on lands not des-            following steps are recommended in developing urban
ignated as possessing long-term commercial significance for              growth areas:
such uses;                                                                    (a) County-wide planning policies. In adopting urban
     (iii) Encouragement of the use of rural lands for recre-            growth areas, each county should be guided by the applicable
ational pursuits which preserve open space and are environ-              county-wide (and in some cases multicounty) planning poli-
mentally benign;                                                         cies. To the maximum extent possible, the creation of urban
                                                                         growth areas should result from a cooperative effort among
     (iv) Adoption of strategies for the acquisition of natural
                                                                         the jurisdictions involved.
areas of high scenic value;
                                                                              (b) General considerations. For all jurisdictions planning
     (v) Establishment of criteria for environmental protec-             under the act, the urban growth area should represent the
tion, including programs to control nonpoint sources of water            physical area within which that jurisdiction's vision of urban
pollution and to preserve and enhance habitat for fish and               development can be realized over the next twenty years. The
wildlife.                                                                urban growth area should be based on densities selected to
[Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-330,   promote goals of the act - densities which accommodate
filed 11/17/92, effective 12/18/92.]                                     urban growth served by adequate public facilities and dis-
     365-195-335
                                                                         courage sprawl.
     WAC 365-195-335 Urban growth areas. (1) Require-                         (c) Development of city proposals. In developing the
ments.                                                                   proposal for its urban growth area, each city should engage in
     (a) Each county planning under the Act shall designate              a process of analysis which involves the steps set forth in (d),
an urban growth area or areas within which urban growth                  (e), and (f) of this subsection.
shall be encouraged and outside of which growth can occur                     (d) Determination of the amount of land necessary to
only if it is not urban in nature.                                       accommodate likely growth. This process should involve at
     (b) Each city that is located in such a county shall be             least:
included within an urban growth area. An urban growth area                    (i) A forecast of the likely future growth of employment
may include more than a single city.                                     and population in the community, utilizing the twenty-year
     (c) An urban growth area may include territory that is              population projection for the county in conjunction with data
located outside a city if such territory already is characterized        on current community population, recent trends in popula-
by urban growth or is adjacent to territory already character-           tion, and employment in and near the community and
ized by urban growth.                                                    assumptions about the likelihood of continuation of such
     (d) Based upon the population growth management plan-               trends. Where available, regional population and employ-
ning population projection made for the county by the office             ment forecasts should be used.
of financial management, the urban growth areas in the                        (ii) Selection of community growth goals with respect to
county shall include areas and densities sufficient to permit            population, commercial and industrial development and resi-
the urban growth that is projected to occur in the county for            dential development.
the succeeding twenty-year period. Each urban growth area                     (iii) Selection of the densities the community seeks to
shall permit urban densities and shall include greenbelt and             achieve in relation to its growth goals.
open space areas.                                                             (iv) Estimation of the amount of land needed to accom-
                                                                         modate the likely level of development at the densities
     (e) Urban growth should be located first in areas already
                                                                         selected.
characterized by urban growth that have existing public facil-
                                                                              (v) Identification of the amount of land needed for the
ity and service capacities to serve such development.
                                                                         public facilities, public services, and utilities necessary to
     (f) Urban growth should be located second in areas                  support the likely level of development.
already characterized by urban growth that will be served by                  (vi) Identification of the appropriate amount of greenbelt
a combination of both existing public facilities and services            and open space to be preserved or created in connection with
and any additional needed public facilities and services that            the overall growth pattern.
are provided by either public or private sources.                             (e) Determination of the geographic area to be encom-
     (g) It is appropriate that urban government services be             passed to provide the necessary land. This process should
provided by cities and urban government services should not              involve at least:
be provided in rural areas.                                                   (i) An inventory of lands within existing municipal
     (2) General procedure.                                              boundaries which is available for development, including
     (a) The designation process shall include consultation by           vacant land, partially used land, and land where redevelop-
the county with each city located within its boundaries.                 ment is likely.
     (b) Each city shall propose the location of an urban                     (ii) An estimate of lands within existing municipal
growth area.                                                             boundaries which are potentially available for public capital
[Title 365 WAC—p. 52]                                                                                                          (2009 Ed.)
                                                    Growth Management Act                                                 365-195-340

facilities and utilities necessary to support anticipated          projected to occur in the county for the succeeding twenty-
growth.                                                            year period, unless some portion of that growth is allocated to
     (iii) An estimate of lands which should be allocated to       a new community reserve established in anticipation of a pro-
greenbelts and open space and lands which should be pro-           posal for one or more new fully contained communities.
tected as critical areas.                                               (k) Actions which should accompany designation of
     (iv) If the lands within the existing municipal boundaries    urban growth areas. Consistent with county-wide planning
are not sufficient to provide the land area necessary to           policies, cities and counties consulting on the designation of
accommodate likely growth, similar inventories and esti-           urban growth areas should make every effort to address the
mates should be made of lands in adjacent unincorporated           following as a part of the process:
territory already characterized by urban growth, if any such            (i) Establishment of agreements regarding land use regu-
territory exists.                                                  lations and the providing of services in that portion of the
     (v) The community's proposed urban growth area should         urban growth area outside of an existing city into which it is
encompass a geographic area which matches the amount of            eventually expected to expand.
land necessary to accommodate likely growth. If there is                (ii) Negotiation of agreements for appropriate allocation
physically no territory available into which a city might          of financial burdens resulting from the transition of land from
expand, it may need to revise its proposed densities or popu-      county to city jurisdiction.
lation levels in order to accommodate growth on its existing            (iii) Provision for an ongoing collaborative process to
land base.                                                         assist in implementing county-wide planning policies, resolv-
     (f) Evaluation of the determination of geographic             ing regional issues, and adjusting growth boundaries.
requirements. The community should perform a check on the               (l) Urbanized areas outside of urban growth areas.
realism of the area proposed by evaluating:                             (i) New fully contained communities. A county may
     (i) The anticipated ability to finance by all means the       establish a process, as part of its urban growth area designa-
public facilities, public services, and open space needed in       tion, for reviewing proposals to authorize new fully contained
the area over the planning period.                                 communities located outside the initially designated urban
     (ii) The effect that confining urban growth within the        growth areas. If such a process is established, the criteria for
areas defined is likely to have on the price of property and the   approval are as set forth in RCW 36.70A.350. The approval
impact thereof on the ability of residents of all economic         procedures shall be adopted as a development regulation.
strata to obtain housing they can afford.                          However, such communities may be approved only if a
     (iii) Whether the level of population and economic            county reserves a portion of the twenty-year population pro-
growth contemplated can be achieved within the capacity of         jection for allocation to such communities. When a county
available land and water resources and without environmen-         establishes a new community reserve it shall reduce the urban
tal degradation.                                                   growth area accordingly. The approval of an application for a
     (iv) The extent to which the plan of the county and of        new fully contained community shall have the effect of
other communities will influence the area needed.                  amending the comprehensive plan to include the new com-
     If, as a result of these evaluations, the area appears to     munity as an urban growth area.
have been drawn too small or too large, the city's proposal             (ii) Master planned resorts. A county may establish pro-
should be adjusted accordingly.                                    cedures for approving master planned resorts constituting
     (g) County actions in adopting urban growth areas. The        urban growth outside of an urban growth area. Such a resort
designation of urban growth areas should ultimately be incor-      may be authorized only if the comprehensive plan and devel-
porated into the comprehensive plan of each county that            opment regulations of the county comply with the require-
plans under the act. However, every effort should be made to       ments of RCW 36.70A.360.
complete the urban growth area designation process earlier,        [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-335,
so that the comprehensive plans of both the county and the         filed 11/17/92, effective 12/18/92.]
cities can be completed in reliance upon it. Before complet-
ing the designation process, counties should engage in a pro-            WAC 365-195-340 Siting essential public facilities.
                                                                        365-195-340




cess which involves the steps set forth in (h) through (j) of      (1) Requirements. Each comprehensive plan shall include a
this subsection.                                                   process for identifying and siting essential public facilities.
     (h) The county should determine how much of its                     (a) Essential public facilities include those facilities that
twenty-year population projection is to be allocated to rural      are typically difficult to site, such as airports, state education
areas and other areas outside urban growth areas and how           facilities, state and local correctional facilities, state or
much should be allocated to urban growth.                          regional transportation facilities, solid waste handling facili-
     (i) The county should attempt to define urban growth          ties, and in-patient facilities including substance abuse facili-
areas so as to accommodate the growth plans of the cities,         ties, mental health facilities, and group homes.
while recognizing that physical location or existing patterns            (b) The office of financial management shall maintain a
of service make some unincorporated areas which are charac-        list of those essential state public facilities that are required or
terized by urban growth inappropriate for inclusion in any         likely to be built within the next six years. Facilities may be
city's potential growth area. The option of incorporation          added to this list at any time.
should be preserved for some unincorporated communities                  (c) No local comprehensive plan may preclude the siting
upon the receipt of additional growth.                             of essential public facilities.
     (j) The total area designated as urban growth area in any           (2) Recommendations for meeting requirements.
county should be sufficient to permit the urban growth that is     Each comprehensive plan should include a process for siting
(2009 Ed.)                                                                                                       [Title 365 WAC—p. 53]
365-195-345                                  Title 365 WAC: Community Development

essential public facilities. Where such facilities are of a                (v) The siting process should take into consideration the
county-wide or statewide nature this process should conform           need for county-wide, regional, or statewide uniformity in
to the applicable county-wide planning policy.                        connection with the kind of facility under review.
     (a) Identifying facilities.                                           (vi) The siting process should include criteria which
     (i) In the identification of essential public facilities, the    address the issues which make essential public facilities dif-
broadest view should be taken of what constitutes a public            ficult to site, and involve a public participation component.
facility, involving the full range of services to the public pro-     Consideration should be given to the extent to which design
vided by government, substantially funded by government,              conditions can be used to make a facility compatible with its
contracted for by government, or provided by private entities         surroundings, and to adoption of provisions for amenities or
subject to public service obligations.                                incentives for neighborhoods or jurisdictions in which facili-
     (ii) The comprehensive plans should contain local crite-         ties are sited.
ria for the identification of essential public facilities, focusing        (c) No preclusion. While it is clear that essential public
on the public need for the services involved. There are three         facilities of a county-wide or statewide nature will not be
sources from which local lists of essential public facilities         sited within the jurisdictional boundaries of every jurisdiction
should be drawn:                                                      planning under the act, no comprehensive plan may directly
                                                                      or indirectly preclude the siting of essential public facilities.
     (A) The state list. This is the list of essential state public
                                                                      Provision therefore should be made to establish a general use
facilities that are required or likely to be built within the next
                                                                      category which will provide for the siting of such facilities,
six years maintained by the office of financial management.
                                                                      should the occasion arise.
     (B) The county-wide list. This is a list of essential public
                                                                      [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-340,
facilities of a county-wide or regional nature, made part of or       filed 11/17/92, effective 12/18/92.]
pursuant to the county-wide planning policies adopted by
counties in consultation with cities.                                      365-195-345


                                                                           WAC 365-195-345 Optional elements. (1) A compre-
     (C) The city or county list. This is a list of locally essen-
                                                                      hensive plan may include additional elements, items, or stud-
tial facilities, adopted by each planning jurisdiction. It is
                                                                      ies dealing with other subjects relating to the physical devel-
irrelevant to this listing that a facility may be funded by or        opment within its jurisdiction, including, but not limited to:
operated by the state or another public or private entity other
                                                                           (a) Conservation;
than the planning jurisdiction. The critical concern is that the
facility be needed locally.                                                (b) Solar energy;
                                                                           (c) Recreation.
     (iii) Not all essential public facilities are always difficult
                                                                           (2) A comprehensive plan may include, where appropri-
to site. Conversely, sometimes essential public facilities of a
type usually easy to site will present siting difficulties. The       ate, subarea plans, each of which is consistent with the com-
initial step in the siting process should be a determination as       prehensive plan.
a threshold matter of whether the essential public facility in             (3) The department recommends that strong consider-
question presents siting difficulties.                                ation be given to including elements on the following within
                                                                      comprehensive plans:
     (A) If the facility does not present siting difficulties, it
                                                                           (a) Economic development;
should be relegated to the normal siting process otherwise
applicable to a facility of its type.                                      (b) Environmental protection (including critical areas);
                                                                           (c) Natural resource lands (where applicable);
     (B) If the facility does present siting difficulties, it
should be subjected to the siting process called for below.                (d) Design.
     (b) Siting process.                                              [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-345,
                                                                      filed 11/17/92, effective 12/18/92.]
     (i) The comprehensive plan should describe the compo-
nents of a siting process for essential public facilities which                                 PART FOUR
are difficult to site to be implemented on a case-by-case basis                          INVENTORIES AND REVIEWS
through development regulations.
     (ii) The process should provide for a cooperative inter-              365-195-400


                                                                           WAC 365-195-400 Natural resource lands. (1)
jurisdictional approach to siting of essential public facilities      Requirements. Prior to the development of comprehensive
of a county-wide, regional, or statewide nature, consistent           plans, cities and counties planning under the act ought to
with county-wide planning policies.                                   have designated natural resource lands of long-term commer-
     (iii) Agreements among jurisdictions should be sought to         cial significance and adopted development regulations to
mitigate any disproportionate financial burden which may              assure their conservation. Such lands include agricultural
fall on the jurisdiction which becomes the site of a facility of      lands, forest lands, and mineral resource lands. The previous
a statewide, regional, or county-wide nature.                         designations and development regulations shall be reviewed
     (iv) Where essential public facilities may be provided by        in connection with the comprehensive plan adoption process
special districts, the plans under which those districts operate      and where necessary be altered to ensure consistency. Forest
must be consistent with the comprehensive plan of the city or         land and agricultural land located within urban growth areas
county. Cities and counties should adopt provisions for con-          shall not be designated as forest land or agricultural land of
sultation to ensure that such districts exercise their powers in      long-term commercial significance unless the city or county
a way that does not conflict with the relevant comprehensive          has enacted a program authorizing transfer or purchase of
plan.                                                                 development rights.
[Title 365 WAC—p. 54]                                                                                                             (2009 Ed.)
                                                         Growth Management Act                                                  365-195-500

     (2) Recommendations for meeting requirements.                            (d) In connection with critical area protection, the
Much of the analysis which is the basis for the comprehen-               department recommends that planning jurisdictions identify
sive plan will come later than the initial identification and            the policies by which decisions are made on when and how
regulation of natural resource lands. The result may be plan             police powers will be used (regulation) and when and how
features which conflict with previous natural resource land              other means will be employed (purchases, development
provisions.                                                              rights, etc.).
     (a) The department has issued guidelines for the classifi-          [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-410,
cation of natural resource lands which are contained in chap-            filed 11/17/92, effective 12/18/92.]
ter 365-190 WAC.
     (b) Generally natural resource lands should be located                   WAC 365-195-420 Identification of open space corri-
                                                                              365-195-420




beyond the boundaries of urban growth areas. In most cases,              dors. (l) Requirements.
the designated purposes of such lands are incompatible with                   (a) Each county or city planning under the act shall iden-
urban densities.                                                         tify open space corridors within and between urban growth
     (c) The review of existing designations should, in most             areas. They shall include lands useful for recreation, wildlife
cases, be limited to the question of consistency with the com-           habitat, trails, and connection of critical areas as defined in
prehensive plan, rather than a revisiting the entire prior desig-        RCW 36.70A.030.
nation and regulation process. However, to the extent that                    (b) The city or county may seek to acquire by purchase
new information is available or errors have been discovered,             the fee simple or lesser interests in these open space corridors
the review process should take this information into account.            using funds authorized by RCW 84.34.230 or other sources.
     (d) Review for consistency in this context should include                (2) Recommendations for meeting requirements. The
whether the planned use of lands adjacent to agricultural, for-          data for meeting this requirement should be acquired by the
est, or mineral resource lands will interfere with the contin-           analysis which goes into developing the urban growth area
ued use in an accustomed manner and in accordance with the               designation and the land use element of comprehensive plans.
best management practices of the designated lands for the                [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-420,
production of food, agricultural products, or timber or for the          filed 11/17/92, effective 12/18/92.]
extraction of minerals.
                                                                              WAC 365-195-430 Identification of lands useful for
                                                                              365-195-430


[Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-400,
filed 11/17/92, effective 12/18/92.]                                     public purposes. (1) Requirements. Each county and city
                                                                         planning under the act shall identify land useful for public
     WAC 365-195-410 Critical areas. (1) Requirements.
     365-195-410


                                                                         purposes such as utility corridors, transportation corridors,
Prior to the development of comprehensive plans, cities and              landfills, sewage treatment facilities, storm water manage-
counties ought to have designated critical areas and adopted             ment facilities, recreation, schools, and other public uses. The
regulations protective of them. Such areas are defined to                county shall work with the state and with the cities within the
include:                                                                 county's borders to identify areas of shared need for public
     (a) Wetlands;                                                       facilities. The jurisdictions within the county shall prepare a
     (b) Areas of critical recharging effect on aquifers used            prioritized list of lands necessary for the identified public
for potable water;                                                       uses including an estimated date by which the acquisition
     (c) Fish and wildlife habitat conservation areas;                   will be needed. The respective capital acquisition budgets for
     (d) Frequently flooded areas; and                                   each jurisdiction shall reflect the jointly agreed upon priori-
     (e) Geologically hazardous areas.                                   ties and time schedule.
     The previous designations and regulations shall be                       (2) Recommendations for meeting requirements. The
reviewed in the comprehensive plan process to ensure consis-             data for meeting this requirement should be acquired by the
tency.                                                                   analysis which goes into developing the urban growth area
     (2) Recommendations for meeting requirements.                       designations and the land use, utilities and transportation ele-
Much of the analysis which is the basis for the comprehen-               ments of comprehensive plans. The department recommends
sive plan will come later than the initial identification and            that the information derived in meeting this requirement be
regulation of critical areas. The result may be plan features            made generally available only to the extent necessary to meet
which conflict with the previous critical area provisions.               the requirements of the public disclosure laws.
     (a) The department has issued guidelines for the classifi-          [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-430,
cation of critical areas which are contained in chapter 365-             filed 11/17/92, effective 12/18/92.]
190 WAC.
     (b) Critical areas should be designated and protected                                        PART FIVE
wherever the applicable natural conditions exist, whether                                        CONSISTENCY
within or outside of urban growth areas.
     (c) The review of existing designations should, in most                  WAC 365-195-500 Internal consistency. Each com-
                                                                              365-195-500




cases, be limited to the question of consistency with the com-           prehensive plan shall be an internally consistent document
prehensive plan, rather than a revisiting of the entire prior            and all elements shall be consistent with the future land use
designation and regulation process. However, to the extent               map. This means that each part of the plan should be inte-
that new information is available or errors have been discov-            grated with all other parts and that all should be capable of
ered, the review process should take this information into               implementation together. Internal consistency involves at
account.                                                                 least two aspects:
(2009 Ed.)                                                                                                             [Title 365 WAC—p. 55]
365-195-510                                    Title 365 WAC: Community Development

     (1) Ability of physical aspects of the plan to coexist on           proposed plan should be accompanied by the environmental
the available land.                                                      documents concerning it. Reviewing jurisdictions should be
     (2) Ability of the plan to provide that adequate public             considered to have concurred in the provisions of a plan,
facilities are available when the impacts of development                 unless within a reasonable period of time, they provide writ-
occur (concurrency).                                                     ten comment identifying plan features which will preclude or
     Each plan should provide mechanisms for ongoing                     interfere with the achievement of any features of their own
review of its implementation and adjustment of its terms                 plans. All jurisdictions should attempt to resolve conflicts
whenever internal conflicts become apparent.                             over interjurisdictional consistency through consultation and
[Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-500,
                                                                         negotiation.
filed 11/17/92, effective 12/18/92.]                                     [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-530,
                                                                         filed 11/17/92, effective 12/18/92.]
     365-195-510


     WAC 365-195-510 Concurrency. (1) Transportation.                         365-195-540



The aim of transportation planning for local jurisdictions is to              WAC 365-195-540 Analysis of cumulative effects. It
achieve concurrency for transportation facilities. If concur-            is recognized that the growth of each jurisdiction will have
rency for transportation facilities is not achieved, develop-            ripple effects which will reach across jurisdictional bound-
ment may not be approved.                                                aries. Each city or county planning under the act should ana-
     (2) Other public facilities. Each comprehensive plan                lyze what such effects are likely to be if the development it
should designate those public facilities in addition to trans-           anticipates occurs. This analysis should be made as a part of
portation facilities for which concurrency is required.                  the process of complying with the State Environmental Pol-
     (3) Levels of service. The concept of concurrency is                icy Act (SEPA) in connection with comprehensive plan
based on the maintenance of specified levels of service with             adoption. Affected jurisdictions should be given an opportu-
respect to each of the public facilities to which concurrency            nity to comment on this analysis.
applies. For all such facilities, planning jurisdictions should          [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-540,
                                                                         filed 11/17/92, effective 12/18/92.]
designate appropriate levels of service.
     (a) Transportation. The designation of levels of service                                     PART SIX
in the transportation area will be influenced by regional con-                              ADOPTION PROCEDURES
siderations. For transportation facilities subject to regional
transportation plans under RCW 47.80.030, local levels of                     365-195-600




service should conform to the regional plan. Other transpor-                   WAC 365-195-600 Public participation. (l) Require-
tation facilities, however, may reflect local priorities.                ments. Each county and city planning under the act shall
                                                                         establish procedures for early and continuous public partici-
     (b) Levels of service should be set to reflect realistic
                                                                         pation in the development and amendment of comprehensive
expectations consistent with the achievement of growth aims.
                                                                         land use plans and development regulations implementing
Setting such levels too high could, under some regulatory
                                                                         such plans. The procedures shall provide for broad dissemi-
strategies, result in no growth. As a deliberate policy, this
                                                                         nation of proposals and alternatives, opportunity for written
would be contrary to the act.
                                                                         comments, public meetings after effective notice, provision
     (4) Regulatory response to the absence of concurrency.
                                                                         for open discussion, communication programs, information
The plan should provide a strategy for what happens when                 services, and consideration of and response to public com-
approval of any particular development would cause levels of             ments. Errors in exact compliance with the established proce-
service for concurrency to fall below the locally adopted stan-          dures shall not render the comprehensive plan or develop-
dards. Denial of approval is statutorily required only in the            ment regulations invalid if the spirit of the procedures is
area of transportation facilities. To the extent that any juris-
                                                                         observed.
diction uses denial of development as its regulatory response
                                                                               (2) Recommendations for meeting requirements. The
to the absence of concurrency, consideration should be given
                                                                         recommendations made in this subsection are intended as a
to defining this as an emergency for the purposes of the abil-
                                                                         list of possible choices, but it is recognized that meaningful
ity to amend or revise the comprehensive plan.
                                                                         public participation can be accomplished without using all of
[Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-510,   the suggestions made here or by adopting other methods.
filed 11/17/92, effective 12/18/92.]
                                                                               (a) Public involvement in plan and regulation develop-
     365-195-520
                                                                         ment.
     WAC 365-195-520 Interjurisdictional consistency.                          (i) In designing its public participation program, each
Adopted county-wide planning policies are designed to                    planning jurisdiction should endeavor to involve the broadest
ensure that city and county comprehensive plans are consis-              cross-section of the community, so that groups not previously
tent. Each local comprehensive plan should demonstrate that              involved in planning become involved. The programs should
such policies have been followed in its development.                     include efforts to explain that citizen input is an essential part
[Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-520,   of the planning process and provide a framework for advising
filed 11/17/92, effective 12/18/92.]                                     citizens about timelines for steps in the process and when cit-
                                                                         izen input will be sought.
     365-195-530


    WAC 365-195-530 Coordination with other plans.                             (ii) Visioning. The public should be involved at the ear-
Each planning jurisdiction should circulate its proposed                 liest possible time in the process of comprehensive planning
comprehensive plan to other jurisdictions with which it                  under the act. This should begin with a visioning process in
shares a common border or has related regional issues. The               which the public is invited to participate in a broad definition
[Title 365 WAC—p. 56]                                                                                                                (2009 Ed.)
                                                    Growth Management Act                                                     365-195-620

of the kind of future to be sought for the community. The               (b) Continuous public involvement. The planning com-
results of this process should then be incorporated into the       mission should monitor development of both the plan and the
plan features, including, but not limited to, locally adopted      development regulations. After these are adopted, the com-
levels of service and densities selected for commercial,           mission should monitor compliance. The commission should
industrial, and residential development.                           report to the city or county at least annually on possible
     (iii) Planning commission. In the process of plan devel-      amendments to the plan or development regulations. In addi-
opment, full use should be made of the planning commission         tion at least annually, the commission should convene a pub-
as a liaison with the public.                                      lic meeting to provide information on how implementation is
     (iv) Public meetings on draft plan. Once the plan is com-     progressing and to receive public input on changes that may
pleted in draft form, or as parts of it are drafted, a series of   be needed. When any amendments are proposed for adoption,
public meetings or workshops should be held at various loca-       the same public hearing procedure should be followed as
tions throughout the jurisdiction to obtain public reaction and    attended initial adoption.
suggestions.                                                       [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-600,
     (v) Public hearings. When the final draft of the plan has     filed 11/17/92, effective 12/18/92.]
been completed, at least one public hearing should be held
prior to the presentation of the final draft to the legislative         365-195-610




authority of the jurisdiction adopting it. When the plan is pro-        WAC 365-195-610 State Environmental Policy Act
posed for adoption, the legislative authority should conduct       (SEPA). Adoption of comprehensive plans and development
another public hearing prior to voting on adoption.                regulations are "actions" as defined under SEPA. This means
     (vi) Written comment. At each stage of the process when       that SEPA compliance is necessary. When a complete new
public input is sought, opportunity should be provided to          plan is being written, in most instances, the preparation of an
make written comment.                                              environmental impact statement (EIS) will be required prior
     (vii) Communication programs and information ser-             to its adoption. SEPA compliance should be considered as
vices. Each jurisdiction should make every effort to collect       part of the planning process rather than as a separate exercise.
and disseminate public information explaining the act and the      Indeed, the SEPA analysis and documentation can serve, in
process involved in complying with it. In addition, locally        significant part, to fulfill the need to compile a record show-
relevant information packets and brochures should be devel-        ing the considerations which went into the plan and why one
oped and disseminated. Planners should actively seek to            alternative was chosen over another. SEPA compliance for
appear before community groups to explain the act and the          development regulations should concentrate on the impact
plan development process.                                          difference among alternative means of successfully imple-
     (viii) Proposals and alternatives. Whenever public input      menting the plan. Detailed discussion of SEPA compliance is
is sought on proposals and alternatives, the relevant drafts       contained in Department of Ecology Publication No. 92-07,
should be reproduced and made available to interested per-         "The Growth Management Act and the State Environmental
sons.                                                              Policy Act, A Guide to Interrelationships."
     (ix) Notice. Notice of all events at which public input is    [Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-610,
sought should be broadly disseminated in advance through all       filed 11/17/92, effective 12/18/92.]
available means, including flyers and press releases to print
and broadcast media. Notice should be published in a news-              365-195-620



                                                                        WAC 365-195-620 Submissions to state. (l) Each
paper of general circulation at least one week in advance of
                                                                   county or city proposing adoption of a comprehensive plan or
any public hearing. When appropriate, notices should
                                                                   development regulations shall notify the department of its
announce the availability of relevant draft documents on
                                                                   intent at least sixty days prior to final adoption. Notification
request.
                                                                   shall be made by filing with the department five complete
     (x) All meetings and hearings to which the public is
                                                                   copies of the plan or development regulation(s). In addition,
invited should be free and open. At hearings all persons desir-
                                                                   copies shall be provided to other state agencies identified on
ing to speak should be allowed to do so, consistent with time
                                                                   a list distributed by the department to planning jurisdictions.
constraints.
                                                                   State agencies including the department many provide com-
     (xi) Consideration of and response to public comments.
                                                                   ments, during the public review process prior to adoption.
All comments and recommendations of the public should be
reviewed. Adequate time should be provided between the                  (2) Each county or city planning under the act shall
time of any public hearing and the date of adoption of all or      transmit a complete and accurate copy of its comprehensive
any part of the comprehensive plan to evaluate and respond to      plan or development regulations to the department within ten
public comments. The proceedings and all public hearings           days after final adoption.
should be recorded. A summary of public comments and an                 (3) Any proposed amendments for permanent changes to
explanation of what action was taken in response to them           a comprehensive plan or development regulation shall be
should be made in writing and included in the record of adop-      submitted to the department in the same manner as initial
tion of the plan.                                                  plans and development regulations. Adopted amendments
     (xii) Every effort should be made to incorporate public       shall be transmitted to the department in the same manner as
involvement efforts into the SEPA process.                         the initial plans and regulations.
     (xiii) Except for the visioning effort, the same steps        [Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-620,
should precede the adoption of development regulations as          filed 8/11/93, effective 9/11/93; 92-23-065, § 365-195-620, filed 11/17/92,
was used for the comprehensive plan.                               effective 12/18/92.]
(2009 Ed.)                                                                                                          [Title 365 WAC—p. 57]
365-195-630                                    Title 365 WAC: Community Development

     365-195-630

     WAC 365-195-630 Amendment. (1) Each plan should                          The need to consider and recognize other laws should
provide for an ongoing process of evaluation to ensure inter-            profoundly influence, limit and shape planning and decision
nal and interjurisdictional consistency of comprehensive                 making under the act. At the same time, in recognition of the
plans and continuous consistency of development regulations              broad and fundamental changes intended by creation of the
with such plans. This evaluation should be an integral part of           growth management scheme, prior programs should be inter-
the amendment process.                                                   preted and directed, to the maximum extent possible, in a
     (2) Each comprehensive plan shall contain provisions                manner consistent with the products of the comprehensive
governing its amendment. Amendments to the plan shall not                new land use management system.
be considered more frequently than once every year, except                    The far-reaching nature of the act and the wide variety of
in cases of emergency. The amendment process shall include               possible outcomes under its authority dictate that identifica-
a requirement that all proposed amendments in any year be                tion of all the points of contact between its products and other
considered concurrently so that the cumulative effect of the             laws will have to be elaborated over time. The entire process
various proposals can be ascertained.                                    of determining how the act fits into the overall legal frame-
     (3) Each county that designates urban growth areas shall            work will, of necessity, be an incremental one. Nonetheless,
review, at least every ten years, its designated urban growth            for growth management to succeed, this process must begin
areas, and the densities permitted within both the incorpo-              at the outset.
rated and unincorporated portions of each urban growth area.                  At the planning stage, this means that a conscious effort
In conjunction with this review, each city located within the            to address the requirements of other existing law is needed as
county shall review the densities permitted within its bound-            an essential initial step in the process. This need poses an
aries, and the extent to which the urban growth occurring                unprecedented challenge to all governmental entities -
within its urban growth area has located within its boundaries           municipalities, counties, regional authorities, special districts
and the extent to which such growth has located within the               and state agencies - to communicate and collaborate. The act
unincorporated portions of the urban growth area. The urban              is a mandate to government at all levels to engage in coordi-
growth areas and densities permitted in urban growth areas               nated planning and cooperative implementation.
shall be revised to accommodate the urban growth projected               [Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-700,
to occur in the county for the succeeding twenty-year period.            filed 8/11/93, effective 9/11/93; 92-23-065, § 365-195-700, filed 11/17/92,
[Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-630,   effective 12/18/92.]
filed 11/17/92, effective 12/18/92.]
                                                                              365-195-705


                                                                              WAC 365-195-705 Basic assumptions. (1) Where the
     365-195-640

     WAC 365-195-640 Record of process. (1) Whenever a                   legislature has spoken expressly on the relationship of the act
provision of the comprehensive plan or development regula-               to other statutory provisions, the explicit legislative direc-
tions is based on factual data, that data or a clear reference to        tions shall be carried out. Examples of such express provi-
its source should be made a part of the record of adoption.              sions are set forth in WAC 365-195-750.
     (2) The record should contain a complete exposition of                   (2) Absent a clear statement of legislative intent or judi-
how the public participation requirements were met.                      cial interpretation to the contrary, it should be presumed that
     (3) All public hearings should be recorded and tape                 neither the act nor other statutes are intended to be preemp-
recordings kept of the proceedings.                                      tive. Rather they should be considered together and, wher-
     (4) The record which accompanies any amendment to                   ever possible, construed as mutually consistent.
the comprehensive plan or development regulations should                 [Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-705,
conform to the same requirements as the initial plan and reg-            filed 8/11/93, effective 9/11/93.]
ulations.
                                                                              365-195-710


[Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-640,        WAC 365-195-710 Identification of other laws. (1) In
filed 11/17/92, effective 12/18/92.]                                     the development of their comprehensive plans and imple-
                                                                         menting regulations, cities and counties planning under the
                PART SEVEN                                               act should attempt to identify other statutes and legal author-
   RELATIONSHIP OF GROWTH MANAGEMENT                                     ities affecting subjects addressed by the plans and regula-
         PLANNING TO OTHER LAWS                                          tions.
     365-195-700
                                                                              (2) To aid in this identification, state agencies, regional
     WAC 365-195-700 Background. For local jurisdic-                     authorities, special districts and utilities should implement
tions subject to its terms, the Growth Management Act man-               programs to inform the planning entities of relevant programs
dates the development of comprehensive plans and develop-                and provisions within their jurisdiction or expertise. Every
ment regulations that meet statutory goals and requirements.             effort should be made to provide this information before the
These plans and regulations will take their place among exist-           plan drafting process is complete.
ing laws relating to resource management, environmental                       (3) Opportunities to comment on draft comprehensive
protection, regulation of land use, utilities and public facili-         plans or on related SEPA documents should be used by com-
ties. Many of these existing laws were neither repealed nor              menting agencies as additional occasions for advising plan-
amended by the act.                                                      ning jurisdictions of preexisting programs and related legal
     This circumstance places responsibilities both on local             authorities.
growth management planners and on administrators of preex-               [Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-710,
isting programs to work toward producing a single harmoni-               filed 8/11/93, effective 9/11/93; 92-23-065, § 365-195-710, filed 11/17/92,
ous body of law.                                                         effective 12/18/92.]
[Title 365 WAC—p. 58]                                                                                                                    (2009 Ed.)
                                                             Growth Management Act                                                   365-195-735

                                                                                   WAC 365-195-730 Federal authorities. (1) The draft-
     365-195-715                                                                   365-195-730

     WAC 365-195-715 Integrating external consider-
ations. (1) Agencies administering existing programs have                     ing of plans and development regulations under the act
already generated data, performed analyses and developed                      should involve a consideration of the effects of federal
effective approaches to many of the challenges posed by the                   authority over land or resource use within the planning area,
act. Planners should take advantage of such experience and                    including:
use it to shape the form and content of plans and regulations                      (a) Treaties with Native Americans;
under the act where relevant.                                                      (b) Jurisdiction on land owned or held in trust by the fed-
     (2) Governmental entities with expertise in subjects                     eral government;
affecting or affected by the act and private companies which                       (c) Federal statutes or regulations imposing national
provide public services should, as practicable, offer assis-                  standards;
tance to counties and cities planning under the act in formu-                      (d) Federal permit programs and plans.
lating their plans and regulations, through model ordinances,                      (2) Examples of such federal standards, permit programs
model plan provisions, direct drafting assistance, or other                   and plans are:
technical advice.                                                                  (a) National ambient air quality standards, adopted under
     (3) The drafting of comprehensive plans and develop-                     the Federal Clean Air Act;
ment regulations should involve the identification of other                        (b) Drinking water standards, adopted under the Federal
related laws, an evaluation of any potential areas of conflict                Safe Drinking Water Act;
and an effort to avoid such conflicts. Where the text of out-                      (c) Effluent limitations, adopted under the Federal Clean
side sources can appropriately serve local needs, consider-                   Water Act;
ation should be given to adoption of that text in local plans or                   (d) Dredge and fill permits issued by the Army Corps of
regulations.                                                                  Engineers under the Federal Clean Water Act;
[Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-715,             (e) Licenses for hydroelectric projects issued by the Fed-
filed 8/11/93, effective 9/11/93.]                                            eral Energy Regulatory Commission;
                                                                                   (f) Plans created under the Pacific Northwest Electric
     365-195-720

     WAC 365-195-720 Sources of law. (1) In seeking to                        Power Planning and Conservation Act;
identify other relevant legal authorities, planners should refer                   (g) Recovery plans and the prohibition on taking listed
to sources at all levels of government, including federal and                 species under the Endangered Species Act.
state Constitutions, federal and state statutes, federal and                  [Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-730,
state administrative regulations, and judicial interpretations                filed 8/11/93, effective 9/11/93.]
thereof.
                                                                                    WAC 365-195-735 State and regional authorities. (1)
                                                                                   365-195-735


     (2) The categories set forth in WAC 365-195-725
through 365-195-755 are an attempt to assist planners by                      The drafting of plans and development regulations under the
highlighting various kinds of external legal provisions with                  act should involve a consideration of numerous state and
which planning under the act should be concerned. Some of                     regional regulatory and planning provisions affecting land
the categories overlap. The listing is not exhaustive. It is                  use, resource management, environmental protection, utili-
intended to supplement, not substitute for, the informational                 ties, or public facilities including:
efforts of state agencies, regional authorities, special districts                  (a) State statutes and regulations imposing statewide
and utilities.                                                                standards;
[Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-720,              (b) Programs involving state-issued permits or certifica-
filed 8/11/93, effective 9/11/93; 92-23-065, § 365-195-720, filed 11/17/92,   tions;
effective 12/18/92.]                                                                (c) State statutes and regulations regarding rates, ser-
                                                                              vices, facilities and practices of utilities, and tariffs of utilities
                                                                              in effect pursuant to such statutes and regulations;
     365-195-725

     WAC 365-195-725 Constitutional provisions. (1)
Local plans and regulations adopted under the act are subject                       (d) State and regional plans;
to the supremacy principle of Article VI, United States Con-                        (e) Regulations and permits issued by regional entities;
stitution and of Article XI, Section 11, Washington state                           (f) Locally developed plans subject to approval or review
Constitution.                                                                 by state or regional entities.
     (2) Counties and cities planning under the act are                             (2) Examples of statewide standards are:
required to use a process established by the state attorney                         (a) Water quality standards and sediment standards,
general to assure that proposed regulatory or administrative                  adopted by the department of ecology under the state Water
actions do not unconstitutionally infringe upon private prop-                 Pollution Control Act;
erty rights. This process is set forth in a publication entitled,                   (b) Drinking water standards adopted by the department
"State of Washington, Attorney General's Recommended                          of health pursuant to the Federal Safe Drinking Water Act;
Process for Evaluation of Proposed Regulatory or Adminis-                           (c) Minimum functional standards for solid waste han-
trative Actions to Avoid Unconstitutional Takings of Private                  dling, adopted by the department of ecology under the state
Property," first published in February 1992. Review and                       Solid Waste Management Act;
updating of this process by the attorney general is required on                     (d) Minimum cleanup standards under the Model Toxics
at least an annual basis to maintain consistency with changes                 Control Act;
in case law.                                                                        (e) Statutory requirements under the Shoreline Manage-
[Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-725,        ment Act and implementing guidelines and regulations
filed 8/11/93, effective 9/11/93.]                                            adopted by the department of ecology;
(2009 Ed.)                                                                                                                  [Title 365 WAC—p. 59]
365-195-740                                Title 365 WAC: Community Development

     (f) Standards for forest practices, adopted by the forest          (d) Plans for individual public water systems, approved
practices board under the state Forest Practices Act;              by the state health department;
     (g) Minimum requirements for flood plain management,               (e) Comprehensive sewage drainage basin plans,
adopted by the department of ecology under the Flood Plain         approved by the department of ecology;
Management Act.                                                         (f) Local moderate risk waste plans, approved by the
     (h) Minimum performance standards for construction            department of ecology;
pursuant to the state building code;                                    (g) Plans required to be filed with the utilities and trans-
     (i) Safety codes, such as the electrical construction code,   portation commission in accordance with WAC 480-100-
adopted by the department of labor and industries.                 251.
     (3) Examples of programs involving state issued permits
or certifications are:                                             [Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-735,
                                                                   filed 8/11/93, effective 9/11/93.]
     (a) Permits relating to forest practices, issued by the
department of natural resources;                                        365-195-740



     (b) Permits relating to surface mining reclamation,                WAC 365-195-740 Regional perspective. Some of the
issued by the department of natural resources;                     above authorities require planning for particular purposes for
     (c) National pollutant discharge elimination permits and      areas related by physical features, such as watersheds, rather
waste discharge permits, issued by the department of ecol-         than by political boundaries. Moreover, the systems
ogy;                                                               addressed in resource management, service by utilities, fish
     (d) Water rights permits, issued by department of ecol-       and wildlife management and pollution control are generally
ogy under state surface and ground water codes;                    not circumscribed by city and county lines. Planning entities
     (e) Hydraulic project approvals, issued by departments        should attempt to identify those subject areas which by law or
of fisheries and wildlife under the state fisheries code;          logic require a regional planning approach and, where this is
     (f) Water quality certifications, issued by the department    the case, work toward creating collaborative processes
of ecology;                                                        involving all agencies with jurisdiction in the relevant geo-
     (g) Operating permits for public water supply systems,        graphical area. This approach, where followed, should assist
issued by the state health department;                             in achieving interjurisdictional consistency.
     (h) Site certifications developed by the energy facility      [Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-740,
site evaluation council.                                           filed 8/11/93, effective 9/11/93.]
     (i) Permits relating to the generation, transportation,
storage or disposal of dangerous wastes, issued by the depart-          365-195-745


                                                                        WAC 365-195-745 Special siting statutes. (1) Plans
ment of ecology.                                                   and regulations adopted under the act should accommodate
     (4) Examples of state and regional plans are:                 situations where the state has explicitly preempted all local
     (a) State implementation plan for ambient air quality         land use regulations, as for example, in the siting of major
standards under the Federal Clean Air Act;                         energy facilities under RCW 80.50.110.
     (b) State transportation policy plan;
                                                                        (2) Where special statutes relate specifically to the set-
     (c) Instream resource protection regulations for water
                                                                   ting aside of designated areas for particular purposes and
resource inventory areas adopted under the Water Resources
                                                                   under particular management programs, local land use regu-
Act of 1971;
                                                                   lations adopted under the act should be consistent with those
     (d) Ground water management area programs, adopted
                                                                   purposes and programs. Examples in this category are the
pursuant to the ground water code;
                                                                   statutes relating to:
     (e) Puget Sound water quality management plan adopted
by the puget sound water quality authority.                             (a) Natural resource conservations areas;
     (f) State outdoor recreation and open space plan;                  (b) Natural area preserves;
     (g) State trails plan.                                             (c) Seashore conservation area;
     (5) Examples of regulations and permits issued by                  (d) Scenic rivers.
regional entities are:                                             [Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-745,
     (a) Solid waste disposal facility permits issued by health    filed 8/11/93, effective 9/11/93.]
departments under the Solid Waste Management Act;
     (b) Regulations adopted by regional air pollution control          365-195-750




authorities.                                                            WAC 365-195-750 Explicit statutory directions. (1)
     (c) Operating permits for air contaminant sources issued      In approving the Growth Management Act, the legislature
by regional air pollution control authorities.                     expressly amended numerous existing statutes. On the mat-
     (6) Examples of locally developed plans subject to            ters they address, these amendments define the relationship
approval or review by state or regional agencies are:              of such existing statutes to comprehensive plans and develop-
     (a) Shorelines master programs, approved by the depart-       ment regulations under the act. Examples are:
ment of ecology;                                                        (a) RCW 19.27.097 (state building code - evidence of
     (b) The consistency requirement for lands adjacent to         adequate supply of potable water.)
shorelines of the state set forth in RCW 90.58.340.                     (b) RCW 35.13.005 (annexation of unincorporated areas
     (c) Coordinated water system plans for critical water         - prohibited beyond urban growth areas)
supply service areas, approved by the state health depart-              (c) RCW 35.58.2795 (municipal corporations - six-year
ment;                                                              transit plan consistent with GMA comprehensive plans)
[Title 365 WAC—p. 60]                                                                                                          (2009 Ed.)
                                                         Growth Management Act                                                  365-195-765

     (d) RCW 35.77.010 (city streets - six-year comprehen-               including the processes involved in creating and adopting
sive street program consistent with GMA comprehensive                    comprehensive plans and development regulations under the
plans)                                                                   act. The thoughtful integration of SEPA compliance with the
     (e) RCW 35A.14.005 (annexation by code cities - pro-                overall effort to implement the act will provide understanding
hibited beyond urban growth areas)                                       and insight of significant value to the choices growth man-
     (f) RCW 36.81.121 (county roads - six-year comprehen-               agement requires.
sive road program consistent with GMA comprehensive                           (2) The growth management process is designed to pro-
plans)                                                                   ceed in phases, moving, by and large, from general policy-
     (g) RCW 36.94.040 (sewerage, water, drainage systems                making to more specific implementation measures. Phased
- incorporation of relevant comprehensive plan provisions                review available under SEPA can be integrated with the
into sewer or water general plan)                                        growth management process through a strategy which identi-
     (h) RCW 56.08.020 (sewer districts - district compre-               fies the points in that process where the requirements of the
hensive sewer plan consistent with urban growth area restric-            two statutes are connected and seeks to accomplish the
tions)                                                                   requirements of both at those points.
     (i) RCW 57.16.010 (water districts - district comprehen-                 (3) In an integrated approach major emphasis should be
sive water plan consistent with urban growth area restric-               placed on the quality of SEPA analysis at the front end of the
tions)                                                                   growth management process - the local legislative phases of
     (j) RCW 58.17.060 (short plats - written findings about             plan adoption and regulation adoption. The objective should
appropriate provisions for infrastructure)                               be to create nonproject impact statements and progressively
     (k) RCW 58.17.110 (subdivisions - written findings                  more narrowly focused supplementary documents which are
about appropriate provisions for infrastructure)                         sufficiently informative that subsequent environmental anal-
     (l) RCW 58.18.440 (land development - authority of                  ysis at the individual project stage will, ordinarily, need to be
GMA planning entities to require relocation assistance)                  neither extensive nor time consuming.
     (m) RCW 86.12.200 (comprehensive flood control man-                      (4) While not compromising SEPA's basic aim of ensur-
agement plans - may be incorporated into comprehensive                   ing consideration of environmental impacts in advance of
plans under the act)                                                     development, this approach can serve the goal that project
     (2) Approval of the act included the creation of a new              applications be processed in a timely manner.
chapter (chapter 47.80 RCW) authorizing and assigning                         (5) In the creation of SEPA documents, maximum
duties to regional transportation planning organizations                 advantage should be taken of relevant prior environmental
(RTPO's). These organizations were expressly given respon-               analysis through identification and incorporation of state-
sibilities for ensuring the consistency of transportation plan-          ments prepared by other lead agencies in connection with
ning throughout a region containing multiple local govern-               other plans or projects.
mental jurisdictions.                                                         (6) Planners are encouraged to consult the "SEPA/GMA
     (3) Approval of the act included the addition of new sec-           Workbook" published by the department in January of 1993.
tions (RCW 82.02.050 through 82.02.090) concerning                       The workbook deals in detail with the integration of the two
impact fees on development in counties or cities that plan               statutory processes.
under the GMA. These sections explicitly authorize and con-              [Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-760,
dition the use of such fees as part of the financing of public           filed 8/11/93, effective 9/11/93.]
facility system improvements needed to serve new develop-
ment.                                                                         WAC 365-195-765 State agency compliance. (1)
                                                                              365-195-765




[Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-750,   RCW 36.70A.103 declares that state agencies shall comply
filed 8/11/93, effective 9/11/93.]                                       with the local comprehensive plans and development regula-
                                                                         tions and amendments thereto adopted pursuant to the act.
     WAC 365-195-755 Voluntary interjurisdictional
     365-195-755


                                                                              (2) The department construes the provision for state
planning efforts. Needs for regional and interagency plan-               agency compliance to require that each state agency must
ning coordination have in some areas been responded to in                meet local siting and building requirements when it occupies
the past by innovative voluntary planning efforts, such as the           the position of an applicant proposing development, except
timber, fish and wildlife agreement and the Chelan agreement             where specific legislation explicitly dictates otherwise. Gen-
regional water resource planning process. Such efforts can               erally this means that the development of state facilities is
provide a valuable source of prior analysis and serve as the             subject to local approval procedures and substantive provi-
basis for plan provisions which accomplish interjurisdic-                sions, including zoning, density, setbacks, bulk and height
tional consistency. Counties and cities planning under the               restrictions.
GMA should evaluate such work for possible incorporation                      (3) RCW 36.70A.210(4) provides that adopted county-
into their plans and regulations.                                        wide planning policies shall be adhered to by state agencies.
[Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-755,   Consistent with other statutory mandates, state programs
filed 8/11/93, effective 9/11/93.]                                       should be administered in a manner which does not interfere
                                                                         with implementation of the county framework for interjuris-
    WAC 365-195-760 Integration of SEPA process with                     dictional consistency.
     365-195-760




creation and adoption of comprehensive plans and devel-                       (4) Overall, the broad sweep of policy contained in the
opment regulations. (1) The SEPA process is supplemen-                   act implies a requirement that all programs at the state level
tary to other governmental decision-making processes,                    accommodate the outcomes of the growth management pro-
(2009 Ed.)                                                                                                             [Title 365 WAC—p. 61]
365-195-770                                       Title 365 WAC: Community Development

cess wherever possible. State agencies are rarely concerned                   The strategy should describe the regulatory and nonregula-
solely with the rote application of fixed standards. The exer-                tory measures (including actions for acquiring and spending
cise of statutory powers, whether in permit functions, grant                  money) to be used in order to apply the plan in full. The strat-
funding, property acquisition or otherwise, routinely involves                egy should identify each of the specific development regula-
such agencies in discretionary decision-making. The discre-                   tions needed.
tion they exercise should now take into account the new real-                       (1) Selection. In determining the specific regulations to
ity of legislatively mandated local growth management pro-                    be adopted, jurisdictions may select from a wide variety of
grams.                                                                        types of controls. The strategy should include consideration
     (5) After local adoption of plans and regulations under                  of:
the act, state agencies are encouraged to review their existing                     (a) The choice of substantive requirements, such as the
programs in light of the local plans and regulations. Within                  delineation of use zones; general development limitations
relevant legal constraints, this review should lead to redirect-              concerning lot size, setbacks, bulk, height, density; provi-
ing the state's actions in the interests of consistency with the              sions for environmental protection; urban design guidelines
growth management effort.                                                     and design review criteria; specific requirements for afford-
[Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-765,        able housing, landscaping, parking; levels of service, concur-
filed 8/11/93, effective 9/11/93.]                                            rency regulations and other measures relating to public facil-
                                                                              ities.
     365-195-770

     WAC 365-195-770 Compliance by regional agencies                                (b) The means of applying the substantive requirements,
and special districts. (1) Regional and special purpose gov-                  such as methods of prior approval through permits, licenses,
ernment entities possess statutorily defined powers which                     franchises, or contracts.
include planning, development, regulatory, facility manage-                         (c) The processes to be used in applying the substantive
ment and taxing functions. Such entities include regional air                 requirements, such as permit application procedures, hearing
pollution control authorities, metropolitan municipal corpo-                  procedures, approval deadlines, and appeals.
rations, fire protection districts, port districts, public utility                  (d) The methods of enforcement, such as inspections,
districts, school districts, sewer districts, water districts, irri-          reporting requirements, bonds, permit revocation, civil penal-
gation districts, flood control districts, diking and drainage                ties, and abatement.
districts, park and recreation districts.                                           (2) Identification. The strategy should include a list of all
     (2) Except where any specific enactment may state the                    regulations identified as development regulations for imple-
contrary, the department interprets the GMA as requiring that                 menting the comprehensive plan. Some of these regulations
regional agencies and special districts comply with the com-                  may already be in existence and consistent with the plan.
prehensive plans and development regulations developed                        Others may be in existence, but require amendment. Still oth-
under the act.                                                                ers will need to be written.
[Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-770,              (3) Adoption schedule. The strategy should include a
filed 8/11/93, effective 9/11/93.]                                            schedule for the adoption or amendment of the development
                                                                              regulations identified. Individual regulations or amendments
                          PART EIGHT                                          may be adopted at different times. However, all of the regu-
                   DEVELOPMENT REGULATIONS                                    lations identified should be adopted by the applicable final
                                                                              deadline for adoption of development regulations.
     365-195-800

     WAC 365-195-800 Relationship to comprehensive                                  (4) The implementation strategy for each jurisdiction
plans. (1) Development regulations under the Growth Man-                      should be in writing and available to the public. A copy
agement Act are specific controls placed on development or                    should be provided to the department. Completion of adop-
land use activities by a county or city. Such regulations must                tion of all regulations identified in the strategy will be con-
be consistent with comprehensive plans developed pursuant                     strued by the department as completion of the task of adopt-
to the act and they must implement those comprehensive                        ing development regulations for the purposes of deadlines
plans.                                                                        under the statute.
     "Implement" in this context has a more affirmative                       [Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-805,
meaning than merely "consistent" (See WAC 365-195-210                         filed 8/11/93, effective 9/11/93.]
(5).) "Implement" connotes not only a lack of conflict but                         365-195-810


sufficient scope to carry out fully the goals, policies, stan-                     WAC 365-195-810 Timing of initial adoption. (1)
dards and directions contained in the comprehensive plan.                     Except for interim regulations, required development regula-
     (2) The legislature has specifically provided that the des-              tions must be enacted either by the deadline for adoption of
ignation of interim urban growth areas shall be in the form of                the comprehensive plan or within six months thereafter, if an
development regulations. Such interim designations shall                      extension is obtained. The possibility of a time gap between
generally precede the adoption of comprehensive plans.                        the adoption of a comprehensive plan and the adoption of
[Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-800,        development regulations pertains to the time frame after the
filed 8/11/93, effective 9/11/93; 92-23-065, § 365-195-800, filed 11/17/92,   initial adoption of the comprehensive plan. Subsequent
effective 12/18/92.]                                                          amendments to the plan should not face any delay before
                                                                              being implemented by regulations. After adoption of the ini-
     365-195-805

    WAC 365-195-805 Implementation strategy. Each                             tial plan and development regulations, such regulations
county or city planning under the act should develop a                        should at all times be consistent with the comprehensive plan.
detailed strategy for implementing its comprehensive plan.                    Whenever amendments to comprehensive plans are adopted,
[Title 365 WAC—p. 62]                                                                                                                     (2009 Ed.)
                                                             Growth Management Act                                              365-195-825

consistent implementing regulations or amendments to exist-                   will remain available to be used for commercial production
ing regulations should be enacted and put into effect concur-                 of the resources designated.
rently. (See WAC 365-195-865.)                                                     (c) Classification, designation and designation amend-
     (2) To obtain an extension of the deadline for adopting                  ment. The department has adopted minimum guidelines in
development regulations, a county or city must notify the                     chapter 365-190 WAC, detailing the process involved in
department of its need by letter prior to the initial deadline.               establishing a natural resource lands conservation program.
Six-month extensions will be obtained whenever such letters                   Included are criteria to be considered before any designation
are timely received, but no extensions will result from                       change should be approved. (See WAC 365-190-040 (2)(g).)
requests received after the initial deadline.                                      (d) Initial adoption and subsequent review.
[Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-810,             (i) The act requires the designation of natural resources
filed 8/11/93, effective 9/11/93; 92-23-065, § 365-195-810, filed 11/17/92,   lands by all counties and cities. The adoption of development
effective 12/18/92.]
                                                                              regulations for the conservation of such lands by jurisdictions
     365-195-815
                                                                              planning under the act is required to occur prior to the adop-
     WAC 365-195-815 Review for compliance. (1) When                          tion of comprehensive plans.
adopting any development regulation intended, in part, to                          (ii) Upon the adoption of the comprehensive plans, such
carry out a comprehensive plan, the proposing jurisdiction                    designations and regulations must be reviewed and, where
should review its terms to ensure that it is consistent with and              necessary altered, to ensure consistency with the plans.
implements the comprehensive plan and make a finding to
                                                                                   (e) Review upon adoption of other development regula-
that effect.
                                                                              tions.
     (2) When the implementation strategy has been com-
pletely developed, the proposing jurisdiction should review                        (i) In connection with the adoption of the total package
the total package to ensure that such implementation is con-                  of development regulations implementing the comprehensive
sistent with the comprehensive plans of other counties or cit-                plan, each planning jurisdiction must again review the regu-
ies with which it shares common borders or related regional                   lations for conserving natural resource lands to ensure consis-
issues.                                                                       tency.
     (3) Planning jurisdictions should consider the use or cre-                    (ii) If any regulations for conserving natural resource
ation of regional entities (county-wide or broader) to provide                lands are by their terms effective only in the interim before
an interjurisdictional overview of consistency issues raised                  the regulations implementing comprehensive plans are
by comprehensive plans and development regulations.                           adopted, the subject must be covered in the development reg-
                                                                              ulation package, so that there will be no gap in the effective-
[Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-815,
filed 8/11/93, effective 9/11/93.]                                            ness of a natural resource lands conservation program.
                                                                                   (f) Statutory limitations.
     365-195-820

     WAC 365-195-820 Submissions to state. (l) Develop-                            (i) Prior uses. Regulations for the conservation of natural
ment regulations may be submitted to the department and                       resource lands may not prohibit uses legally existing on any
other state agencies for comment individually as they are                     parcel prior to their adoption.
drafted. Except as set forth in subsection (2) of this section,                    (ii) Adjacent lands. Such regulations shall assure that the
the statutory requirement to notify the department of the                     use of lands adjacent to designated natural resource lands
intent to adopt development regulations at least sixty days                   does not interfere with the continued use, in the accustomed
prior to final adoption will apply each time any implementing                 manner and in accordance with the best management prac-
regulation or amendment is proposed for adoption.                             tices, of the natural resource lands.
     (2) The department construes the sixty-day notice                             (iii) Plats and permits. Counties and cities shall require
requirement as inapplicable to interim regulations for natural                that all plats, short plats, development permits, and building
resource lands and critical areas, and to regulations or amend-               permits issued for development activities on, or within three
ments which are merely procedural or ministerial.                             hundred feet, of designated natural resource lands contain a
     (3) Counties and cities should provide the department                    notice that the subject property is within or near designated
with notice of intent sixty days prior to adopting interim                    agricultural lands, forest lands, or mineral resource lands on
growth areas.                                                                 which a variety of commercial activities may occur that are
     (4) Separate notice should be provided to the department                 not compatible with residential development for certain peri-
of all preexisting regulations that are to be included in the                 ods of limited duration.
implementation strategy without change.                                            (g) Relationship to comprehensive plans. The act does
[Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-820,        not explicitly require that comprehensive plans address the
filed 8/11/93, effective 9/11/93; 92-23-065, § 365-195-820, filed 11/17/92,   conservation of natural resource lands. However, because the
effective 12/18/92.]                                                          required natural resource lands regulations must be consistent
     365-195-825
                                                                              with the comprehensive plans, logic dictates that each com-
     WAC 365-195-825 Regulations specifically required                        prehensive plan should set forth the underlying policies for
by the act. (1) Conservation of natural resource lands.                       the jurisdiction's natural resource lands program. In pursuing
     (a) Lands designated as agricultural, forest and mineral                 the natural resource industries goal of the act, such policies
lands of long-term commercial significance are collectively                   should identify nonregulatory measures for assuring the con-
referred to as natural resource lands.                                        servation of the designated lands as well as regulatory
     (b) "Conservation" in this context is construed to mean                  approaches. When such policies are incorporated into the
measures designed to assure that the natural resource lands                   plan (either as a separate element or as a part of the land use
(2009 Ed.)                                                                                                              [Title 365 WAC—p. 63]
365-195-825                                Title 365 WAC: Community Development

element), the consistency of the regulations can be readily         designated critical areas, counties and cities should endeavor
assessed.                                                           to make such regulations and programs fit together with
     (h) Relationship to other programs. In designing devel-        regional, state and federal programs directed to the same
opment regulations and nonregulatory programs to conserve           environmental, health, safety and welfare ends. Local plans
designated natural resource lands, counties and cities should       and policies may in some respects be adequately imple-
endeavor to make such regulations and programs fit together         mented by adopting the provisions of such other programs as
with regional, state and federal resource management pro-           part of the local regulations.
grams applicable to the same lands. Local plans and policies             (3) Interim urban growth area designations.
may in some respects be adequately implemented by adopt-                 (a) The adoption of interim urban growth area designa-
ing the provisions of such other programs as part of the local      tions shall be preceded by public notice, public hearing, com-
regulations.                                                        pliance with SEPA and compliance with RCW 36.70A.110.
     (2) Protection of critical areas.                                   (b) The department construes compliance with RCW
     (a) Critical areas include the following areas and ecosys-     36.70A.110 for interim growth areas to require the same con-
tems: Wetlands, areas of critical recharging effect on aqui-        sultation and attempted agreement process as is required for
fers used for potable water, fish and wildlife habitat conser-      the adoption of final urban growth areas. Where an interim
vation areas, frequently flooded areas and geologically haz-        urban growth area is adopted without the agreement of any
ardous areas.                                                       affected city, the county will prepare a written justification.
     (b) "Protection" in this context is construed to mean               (4) Subdivisions.
measures designed to preserve the structure, values and func-            (a) Regulations for subdivision approvals, including
tions of the natural environment or to safeguard the public         approvals of short subdivisions, shall require written findings
from hazards to health and safety.                                  that "appropriate provisions" have been made for the public
     (c) Classification, designation and designation amend-         health, safety, and general welfare, including open spaces,
ment. The department has adopted minimum guidelines in              drainage ways, streets or roads, alleys, other public ways,
chapter 365-190 WAC detailing the process involved in               transit stops, potable water supplies, sanitary wastes, parks
establishing a program to protect critical areas.                   and recreation, playgrounds, schools and schoolgrounds.
     (d) Initial enactment and subsequent review.                        (b) Counties and cities may add other items related to the
     (i) The act requires the designation of critical areas and     public health, safety and general welfare to the specific list-
the adoption of regulations for the protection of such areas by     ing above, such as protection of critical areas, conservation of
all counties and cities. For jurisdictions planning under the       natural resource lands and affordable housing for all eco-
act this is required to occur prior to the adoption of compre-      nomic segments of the population.
hensive plans.                                                           (c) In drafting such regulations, "appropriate provisions"
     (ii) Upon the adoption of the comprehensive plans, such        should be defined in a manner consistent with the require-
designations and regulations must be reviewed and, where            ments of other applicable laws and with any level of service
necessary altered, to ensure consistency with the plans.            standards or planning objectives established by the jurisdic-
     (e) Review upon adoption of other development regula-          tion for the facilities involved.
tions.                                                                   (d) The definition of "appropriate provisions" could also
     (i) In connection with the adoption of the total package       cover the timing within which the facilities involved should
of development regulations implementing the comprehensive           be available for use, requiring, for example, that such timing
plan, each planning jurisdiction must again review the regu-        be consistent with the definition of "concurrency" in this
lations for protecting critical areas to ensure consistency.        chapter. (See WAC 365-195-210(4).)
     (ii) If any regulations for protecting critical areas are by        (5) Potable water.
their terms effective only in the interim before the regulations         (a) Each applicant for a building permit of a building
implementing comprehensive plans are adopted, the subject           necessitating potable water shall provide evidence of an "ade-
must be covered in the development regulation package, so           quate water supply" for the intended use of the building. By
that there will be no gap in the effectiveness of a critical area   statute such evidence may be in the form of a water right per-
protection program.                                                 mit from the department of ecology, a letter from an
     (f) Relationship to comprehensive plans. The act does          approved water purveyor stating the ability to provide water,
not explicitly require that comprehensive plans address the         or another form sufficient to verify the existence of an ade-
protection of critical areas. However, because the required         quate water supply.
critical area regulations must be consistent with the compre-            (b) Receipt of one of the statutory forms of evidence may
hensive plans, logic dictates that each comprehensive plan          not provide enough information for building departments to
should set forth the underlying policies for the jurisdiction's     determine whether the proposed water supply is, in fact, ade-
critical areas program. In pursuing the environmental protec-       quate. Local regulations should be designed to produce
tion and open space goals of the act, such policies should          enough data to make such a determination, addressing both
identify nonregulatory measures for protecting critical areas       water quality and water quantity issues.
as well as regulatory approaches. When such policies are                 (c) Planning jurisdictions should give consideration to
incorporated into the plan (either in a separate element or as a    guidelines promulgated by the departments of ecology and
part of the land use element), the consistency of the regula-       health on what constitutes an "adequate water supply." In
tions can be readily assessed.                                      addition, Attorney General's Opinion, AGO 1992 No. 17,
     (g) Relationship to other programs. In designing devel-        should be consulted for assistance in determining what sub-
opment regulations and nonregulatory programs to protect            stantive standards should be applied.
[Title 365 WAC—p. 64]                                                                                                     (2009 Ed.)
                                                             Growth Management Act                                              365-195-835
                                                                                  365-195-835


     (d) If the department of ecology has adopted rules on this                    WAC 365-195-835 Concurrency regulations. (1)
subject, or any part of it, local regulations should be consis-               Each planning jurisdiction should produce a regulation or
tent with those rules.                                                        series of regulations which govern the operation of that juris-
     (e) Counties and cities may impose conditions on build-                  diction's concurrency management system. This regulatory
ing permits requiring connection to an existing public water                  scheme will set forth the procedures and processes to be used
system where the existing system is willing and able to pro-                  to determine whether relevant public facilities have adequate
vide safe and reliable potable water to the applicant with rea-               capacity to accommodate a proposed development. In addi-
sonable economy and efficiency.                                               tion, the scheme should identify the responses to be taken
                                                                              when it is determined that capacity is not adequate to accom-
[Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-825,        modate a proposal. Relevant public facilities for these pur-
filed 8/11/93, effective 9/11/93.]
                                                                              poses are those to which concurrency applies under the com-
     365-195-830
                                                                              prehensive plan. Adequate capacity refers to the maintenance
     WAC 365-195-830 Optional authorizations. (1) Relo-                       of concurrency.
cation assistance.                                                                 (2) Compliance with applicable environmental require-
     (a) Any county or city required to plan under the act is                 ments, such as ambient air quality standards or water quality
authorized to require property owners to provide their portion                standards, should have been built into the determination of
of reasonable relocation assistance to low-income tenants                     the facility capacities needed to accommodate anticipated
displaced by certain changes to residential property. The                     growth.
changes include demolition, substantial rehabilitation                             (3) The variations possible in designing a concurrency
(whether due to code enforcement or any other reason),                        management system are many. However, such a system
change of use and removal of use restrictions in an assisted-                 could include the following features:
housing development.                                                               (a) Capacity monitoring — a process for collecting and
     (b) The regulations implementing the relocation assis-                   maintaining real world data on use for comparison with
tance program shall be governed by the provisions of RCW                      evolving public facility capacities in order to show at any
59.18.440.                                                                    moment how much of the capacity of public facilities is being
                                                                              used.
     (c) "Low-income tenants" means tenants whose com-
bined total income per dwelling unit is at or below fifty per-                     (b) Capacity allocation procedures — a process for
cent of the median income, adjusted for family size, in the                   determining whether proposed new development can be
county where the tenants reside.                                              accommodated within the existing or programmed capacity
                                                                              of public facilities.
     (d) For purposes of determining eligibility, the depart-
                                                                              This can include preassigning amounts of capacity to specific
ment shall annually inform counties and cities of the appro-
                                                                              zones, corridors or areas on the basis of planned growth. For
priate dollar limits to use for median income, adjusted for
                                                                              any individual development this may involve:
family size, in different areas within the state. In deciding on
these limits, the department will refer to the county-by-                          (i) A determination of anticipated total capacity at the
county family income figures published annually by the fed-                   time the impacts of development occur.
eral department of housing and urban development. As soon                          (ii) Calculation of how much of that capacity will be
as the federal figures become available each year, the depart-                used by existing developments and other planned develop-
ment will review them and advise counties and cities                          ments at the time the impacts of development occur.
promptly of the appropriate dollar limits and their effective                      (iii) Calculation of the amount of capacity available for
dates.                                                                        the proposed development.
     (2) New communities.                                                          (iv) Calculation of the impact on capacity of the pro-
                                                                              posed development, minus the effects of any mitigation pro-
     (a) Any county planning under the act may reserve a por-                 vided by the applicant. (Standardized smaller developments
tion of its twenty-year population projection for new fully                   can be analyzed based on predetermined capacity impact val-
contained communities, located outside of the initially desig-                ues.)
nated urban growth areas.
                                                                                   (v) Comparison of available capacity with project
     (b) Proposals to authorize such communities shall be                     impact.
processed pursuant to development regulations which imple-                         (c) Provisions for reserving capacity — a process of pri-
ment the criteria set forth in RCW 36.70A.350.                                oritizing the allocation of capacity to proposed develop-
     (3) Master planned resorts.                                              ments. This might include:
     (a) Any county planning under the act may permit master                       (i) Setting aside a block or blocks of available or antici-
planned resorts constituting urban growth outside of urban                    pated capacity for specified types of development fulfilling
growth areas.                                                                 an identified public interest.
     (b) Proposals to authorize such resorts shall be processed                    (ii) Adopting a first-come, first-served system of alloca-
pursuant to development regulations which implement poli-                     tion, dedicating capacity to applications in the order received.
cies on the subject in the comprehensive plan. Approval cri-                       (iii) Adopting a preference system giving certain catego-
teria shall conform to the provisions of RCW 36.70A.360.                      ries or specified types of development preference over others
                                                                              in the allocation of available capacity.
[Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-830,
filed 8/11/93, effective 9/11/93; 92-23-065, § 365-195-830, filed 11/17/92,        (d) Provisions specifying the response when there is
effective 12/18/92.]                                                          insufficient available capacity to accommodate development.
(2009 Ed.)                                                                                                              [Title 365 WAC—p. 65]
365-195-840                                    Title 365 WAC: Community Development

     (i) In the case of transportation, an ordinance must pro-                 (4) For the purposes of making the threshold determina-
hibit development approval if the development causes the                 tion on whether a proposal presents siting difficulties, the
level of service of a transportation facility to decline below           regulations should specify a method for publicizing applica-
the standards adopted in the transportation element of the               tions for siting essential public facilities and for soliciting ini-
comprehensive plan unless improvements or strategies to                  tial comment on the site(s) proposed. The regulations should
accommodate the impacts of development are made concur-                  describe how and by whom the threshold decision will be
rent with development.                                                   made.
     (ii) If the proposed development is consistent with the                   (5) For proposals involving siting difficulties, the regula-
land use element, relevant levels of service should be reeval-           tions should:
uated.                                                                         (a) Provide requirements for notice to other interested
     (iii) Other responses could include:                                jurisdictions, and for public participation in the siting deci-
     (A) Development of a system of deferrals, approving                 sion;
proposed developments in advance but deferring authority to                    (b) Consistent with county-wide planning policies,
construct until adequate public facilities become available at           require an evaluation of feasible alternative sites and of
the location in question. Such a system should conform to                equity in geographical distribution;
and help to implement the growth phasing schedule contem-                      (c) When appropriate interlocal agreements have been
plated in the land use and capital facilities elements of the            made, provide for an interjurisdictional process for facilities
plan.                                                                    of a county-wide, regional or statewide nature;
     (B) Conditional approval through which the developer                      (d) Call for an evaluation of the extent to which design
agrees to mitigate the impacts.                                          features or operational conditions can eliminate or reduce
     (C) Denial of the development, subject to resubmission              unwanted project impacts;
when adequate public facilities are made available.
                                                                               (e) Where appropriate, establish incentives or require
     (e) Form, timing and duration of concurrency approvals.             amenities for siting in particular areas;
The system should include provisions for how to show that a
project has met the concurrency requirement, whether as part                   (f) Include in criteria for siting decisions a consideration
of another approval document (e.g., permit, platting deci-               of the need for the particular facility in light of established
sions, planned unit development) or as a separate certificate            level of service standards or planning assumptions.
of concurrency, possibly a transferable document. This                   [Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-840,
choice, of necessity, involves determining when in the                   filed 8/11/93, effective 9/11/93; 92-23-065, § 365-195-840, filed 11/17/92,
                                                                         effective 12/18/92.]
approval process the concurrency issue is evaluated and
decided. Approvals, however made, should specify the length                   365-195-845



of time that a concurrency determination will remain effec-                   WAC 365-195-845 Permit process. The development
tive, including requirements for development progress neces-             regulations of planning jurisdictions should include provi-
sary to maintain approval.                                               sions addressing the general procedures for processing appli-
     (f) Provisions for interjurisdictional coordination.                cations for development, designed to promote timeliness,
     (4) Planning jurisdictions should consider integrating              fairness and predictability.
SEPA compliance on the project-specific level with the case-                  (l) Centralized processing. Consideration should be
by-case process for concurrency management.                              given to the establishment of a master permit or centralized
[Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-835,
                                                                         permit process which would allow an applicant to apply for
filed 8/11/93, effective 9/11/93.]                                       all needed approvals at once and for the simultaneous pro-
                                                                         cessing by the local jurisdiction of all aspects of project
     365-195-840


     WAC 365-195-840 Essential public facilities. (1)                    approval.
Development regulations for identifying and siting essential                  (2) Time limits. Consistent with the requirements of
public facilities shall be consistent with and implement the             SEPA, consideration should be given to adopting self-
process for this purpose set forth in the comprehensive plan.            imposed permit processing deadlines, so that applicants will
     (2) The regulations should list those types of facilities           be able to plan with greater certainty in most cases.
which the planning jurisdiction has determined are essential,                 (3) Fast tracking. Consistent with fairness, consideration
pursuant to the definition and the criteria established in the           should be given to expedited permit procedures for develop-
comprehensive plan for identifying such facilities. The desig-           ments which include features which the planning jurisdiction
nated facilities should include those listed by the state office         particularly wishes to encourage. An example might be the
of financial management and those necessary to list in order             inclusion of affordable housing in a residential development
to comply with county-wide planning policies. In addition,               project.
other facilities needed locally should be listed. These may                   (4) Vertical integration. In designing permit programs
include facilities which receive funding from the state or               planning entities should review the permit requirements of
other governmental units, but which are not identified on the            regional, state and federal agencies on the same subjects and,
state list or by virtue of county-wide policies.                         working with those agencies, attempt to coordinate process-
     (3) Except where county-wide planning policies have                 ing in order to avoid overlapping reviews and unnecessary
otherwise dictated siting choices, provision should be made              time delays.
for the possibility of siting each of the listed essential public        [Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-845,
facilities somewhere within each jurisdiction's planning area.           filed 8/11/93, effective 9/11/93.]
[Title 365 WAC—p. 66]                                                                                                                    (2009 Ed.)
                                                         Growth Management Act                                                  365-195-900

      WAC 365-195-850 Impact fees. (1) Counties and cities
     365-195-850


                                                                         handicaps differently than a similar residential structure
planning under the act are authorized to impose impact fees              occupied by a family or other unrelated individuals. As used
on development activity as part of the financing for public              in this section, "handicaps" are as defined in the federal fair
facilities. However, the financing for system improvements               housing amendments of 1988 (42 U.S.C. Sec. 3602).
to serve new development must provide a balance between                  [Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-860,
impact fees and other sources of public funds and cannot rely            filed 8/11/93, effective 9/11/93.]
solely on impact fees.
      (2) The decision to use impact fees should be specifically              365-195-865

                                                                              WAC 365-195-865 Supplementing, amending and
implemented through development regulations. The impact                  monitoring. (1) New development regulations may be
fees:                                                                    adopted from time to time as the need for supplementing the
      (a) Shall only be imposed for system improvements that             initial implementation strategy becomes apparent. However,
are reasonably related to the new development. "System                   because development regulations must be consistent with the
improvements" (in contrast to "project improvements") are                comprehensive plans, substantive amendments to such regu-
public facilities included in the capital facilities plan and            lations will frequently need to be accompanied by a compre-
designed to provide service to service areas within the com-             hensive plan amendment. Since comprehensive plans can be
munity at large;                                                         amended only once a year (except in emergencies), consider-
      (b) Shall not exceed a proportionate share of the costs of         ation of significant changes in the land use management
system improvements that are reasonably related to the new               scheme will, by and large, become an annual affair.
development; and                                                              (2) Cities and counties should institute an annual review
      (c) Shall be used for system improvements that will rea-           of growth management implementation on a systematic
sonably benefit the new development.                                     basis. To aid in this process, planning jurisdictions should
      The implementing regulation should call for a specific             consider establishing a growth management monitoring pro-
finding on all three of the above limitations whenever an                gram designed to measure and evaluate the progress being
impact fee is imposed.                                                   made toward accomplishing the act's goals and the provisions
      (3) Impact fees may be collected and spent only for the            of the comprehensive plan. This program should be inte-
following capital facilities owned or operated by government             grated with provisions for continuous public involvement.
entities: Public streets and roads; publicly owned parks, open           (See WAC 365-195-600 (2)(b).)
space, and recreation facilities; school facilities; and fire pro-       [Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-865,
tection facilities in jurisdictions that are not part of a fire dis-     filed 8/11/93, effective 9/11/93.]
trict. These facilities must have been addressed in a capital
facilities plan element which identifies:                                                          PART NINE
      (a) Deficiencies in public facilities serving existing                                BEST AVAILABLE SCIENCE
development and the means by which existing deficiencies
will be eliminated within a reasonable period of time;                        365-195-900

                                                                              WAC 365-195-900 Background and purpose. (1)
      (b) Additional demands placed on existing public facili-           Counties and cities planning under RCW 36.70A.040 are
ties by new development; and                                             subject to continuing review and evaluation of their compre-
      (c) Additional public facility improvements required to            hensive land use plan and development regulations. Every
serve new development.                                                   five years they must take action to review and revise their
      (4) The local ordinance by which impact fees are                   plans and regulations, if needed, to ensure they comply with
imposed shall strictly conform to the provisions of RCW                  the requirements of the Growth Management Act. RCW
82.02.060. The department recommends that jurisdictions                  36.70A.130.
include the authorized exemption for low-income housing.                      (2) Counties and cities must include the "best available
[Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-850,   science" when developing policies and development regula-
filed 8/11/93, effective 9/11/93.]                                       tions to protect the functions and values of critical areas and
     365-195-855
                                                                         must give "special consideration" to conservation or protec-
     WAC 365-195-855 Protection of private property. In                  tion measures necessary to preserve or enhance anadromous
the drafting of development regulations, consideration should            fisheries. RCW 36.70A.172(1). The rules in WAC 365-195-
be given to the attorney general's process of evaluation                 900 through 365-195-925 are intended to assist counties and
issued pursuant to RCW 36.70A.370, to assure that govern-                cities in identifying and including the best available science
mental actions do not result in an unconstitutional taking of            in newly adopted policies and regulations and in this periodic
private property. Procedures for avoiding takings, such as               review and evaluation and in demonstrating they have met
variances or exemptions, should be built into the overall reg-           their statutory obligations under RCW 36.70A.172(1).
ulatory scheme.                                                               (3) The inclusion of the best available science in the
[Statutory Authority: RCW 36.70A.190 (4)(b). 93-17-040, § 365-195-855,   development of critical areas policies and regulations is espe-
filed 8/11/93, effective 9/11/93.]                                       cially important to salmon recovery efforts, and to other deci-
                                                                         sion-making affecting threatened or endangered species.
     WAC 365-195-860 Housing for persons with handi-                          (4) These rules are adopted under the authority of RCW
     365-195-860




caps. No county or city planning under the act may enact or              36.70A.190 (4)(b) which requires the department of commu-
maintain an ordinance, development regulation, zoning regu-              nity, trade, and economic development (department) to adopt
lation or official control, policy, or administrative practice           rules to assist counties and cities to comply with the goals and
which treats a residential structure occupied by persons with            requirements of the Growth Management Act.
(2009 Ed.)                                                                                                             [Title 365 WAC—p. 67]
365-195-905                                     Title 365 WAC: Community Development

[Statutory Authority: RCW 36.70A.190 (4)(b). 01-08-056, § 365-195-900,     functions and values of critical areas. To determine whether
filed 4/2/01, effective 5/3/01; 00-16-064, § 365-195-900, filed 7/27/00,   information received during the public participation process
effective 8/27/00.]
                                                                           is reliable scientific information, a county or city should
     365-195-905
                                                                           determine whether the source of the information displays the
      WAC 365-195-905 Criteria for determining which                       characteristics of a valid scientific process. The characteris-
information is the "best available science." (1) This sec-                 tics generally to be expected in a valid scientific process are
tion provides assessment criteria to assist counties and cities            as follows:
in determining whether information obtained during develop-
ment of critical areas policies and regulations constitutes the                  1. Peer review. The information has been critically
"best available science."                                                  reviewed by other persons who are qualified scientific
      (2) Counties and cities may use information that local,              experts in that scientific discipline. The criticism of the peer
state or federal natural resource agencies have determined                 reviewers has been addressed by the proponents of the infor-
represents the best available science consistent with criteria             mation. Publication in a refereed scientific journal usually
set out in WAC 365-195-900 through 365-195-925. The                        indicates that the information has been appropriately peer-
department will make available a list of resources that state              reviewed.
agencies have identified as meeting the criteria for best avail-                 2. Methods. The methods that were used to obtain the
able science pursuant to this chapter. Such information                    information are clearly stated and able to be replicated. The
should be reviewed for local applicability.                                methods are standardized in the pertinent scientific discipline
      (3) The responsibility for including the best available              or, if not, the methods have been appropriately peer-reviewed
science in the development and implementation of critical                  to assure their reliability and validity.
areas policies or regulations rests with the legislative author-                 3. Logical conclusions and reasonable inferences.
ity of the county or city. However, when feasible, counties                The conclusions presented are based on reasonable assump-
and cities should consult with a qualified scientific expert or            tions supported by other studies and consistent with the gen-
team of qualified scientific experts to identify scientific infor-         eral theory underlying the assumptions. The conclusions are
mation, determine the best available science, and assess its               logically and reasonably derived from the assumptions and
applicability to the relevant critical areas. The scientific               supported by the data presented. Any gaps in information and
expert or experts may rely on their professional judgment                  inconsistencies with other pertinent scientific information are
based on experience and training, but they should use the cri-             adequately explained.
teria set out in WAC 365-195-900 through 365-195-925 and                         4. Quantitative analysis. The data have been analyzed
any technical guidance provided by the department. Use of                  using appropriate statistical or quantitative methods.
these criteria also should guide counties and cities that lack                   5. Context. The information is placed in proper context.
the assistance of a qualified expert or experts, but these crite-          The assumptions, analytical techniques, data, and conclu-
ria are not intended to be a substitute for an assessment and              sions are appropriately framed with respect to the prevailing
recommendation by a qualified scientific expert or team of                 body of pertinent scientific knowledge.
experts.                                                                         6. References. The assumptions, analytical techniques,
      (4) Whether a person is a qualified scientific expert with           and conclusions are well referenced with citations to relevant,
expertise appropriate to the relevant critical areas is deter-             credible literature and other pertinent existing information.
mined by the person's professional credentials and/or certifi-                   (b) Common sources of scientific information. Some
cation, any advanced degrees earned in the pertinent scien-                sources of information routinely exhibit all or some of the
tific discipline from a recognized university, the number of               characteristics listed in (a) of this subsection. Information
years of experience in the pertinent scientific discipline, rec-           derived from one of the following sources may be considered
ognized leadership in the discipline of interest, formal train-            scientific information if the source possesses the characteris-
ing in the specific area of expertise, and field and/or labora-            tics in Table 1. A county or city may consider information to
tory experience with evidence of the ability to produce peer-              be scientifically valid if the source possesses the characteris-
reviewed publications or other professional literature. No one             tics listed in (a) of this subsection. The information found in
factor is determinative in deciding whether a person is a qual-            Table 1 provides a general indication of the characteristics of
ified scientific expert. Where pertinent scientific information            a valid scientific process typically associated with common
implicates multiple scientific disciplines, counties and cities            sources of scientific information.
are encouraged to consult a team of qualified scientific
experts representing the various disciplines to ensure the
identification and inclusion of the best available science.
      (5) Scientific information can be produced only through
a valid scientific process. To ensure that the best available
science is being included, a county or city should consider the
following:
      (a) Characteristics of a valid scientific process. In the
context of critical areas protection, a valid scientific process
is one that produces reliable information useful in under-
standing the consequences of a local government's regulatory
decisions and in developing critical areas policies and devel-
opment regulations that will be effective in protecting the
[Title 365 WAC—p. 68]                                                                                                             (2009 Ed.)
                                                               Growth Management Act                                                             365-195-910

                                                                                                          CHARACTERISTICS
 Table 1                                                                                                  Logical
                                                                                                       conclusions
                                                                                                            &
                                                                   Peer                                 reasonable   Quantitative
     SOURCES OF SCIENTIFIC INFORMATION                            review        Methods                 inferences    analysis      Context       References
       A. Research. Research data collected and
 analyzed as part of a controlled experiment (or                      X              X                     X              X             X               X
 other appropriate methodology) to test a specific
 hypothesis.
       B. Monitoring. Monitoring data collected
 periodically over time to determine a resource                                      X                     X              Y             X               X
 trend or evaluate a management program.
       C. Inventory. Inventory data collected
 from an entire population or population segment
 (e.g., individuals in a plant or animal species) or                                 X                     X              Y             X               X
 an entire ecosystem or ecosystem segment (e.g.,
 the species in a particular wetland).
       D. Survey. Survey data collected from a
 statistical sample from a population or ecosys-                                     X                     X              Y             X               X
 tem.
       E. Modeling. Mathematical or symbolic
 simulation or representation of a natural system.                    X              X                     X              X             X               X
 Models generally are used to understand and
 explain occurrences that cannot be directly
 observed.
       F. Assessment. Inspection and evaluation
 of site-specific information by a qualified scien-                                  X                     X                            X               X
 tific expert. An assessment may or may not
 involve collection of new data.
       G. Synthesis. A comprehensive review and
 explanation of pertinent literature and other rele-                  X              X                     X                            X               X
 vant existing knowledge by a qualified scientific
 expert.
       H. Expert Opinion. Statement of a quali-
 fied scientific expert based on his or her best
 professional judgment and experience in the per-                                                          X                            X               X
 tinent scientific discipline. The opinion may or
 may not be based on site-specific information.
     X = characteristic must be present for information derived to be considered scientifically valid and reliable
     Y = presence of characteristic strengthens scientific validity and reliability of information derived, but is not essential to ensure scientific validity and
         reliability

     (c) Common sources of nonscientific information.                                    (iii) Hearsay. Information repeated from communication
Many sources of information usually do not produce scien-                           with others (for example, "At a lecture last week, Dr. Smith
tific information because they do not exhibit the necessary                         said there were no grizzly bears in that area").
characteristics for scientific validity and reliability. Informa-                        (6) Counties and cities are encouraged to monitor and
tion from these sources may provide valuable information to                         evaluate their efforts in critical areas protection and incorpo-
supplement scientific information, but it is not an adequate                        rate new scientific information, as it becomes available.
substitute for scientific information. Nonscientific informa-                       [Statutory Authority: RCW 36.70A.190 (4)(b). 00-16-064, § 365-195-905,
tion should not be used as a substitute for valid and available                     filed 7/27/00, effective 8/27/00.]
scientific information. Common sources of nonscientific
                                                                                         WAC 365-195-910 Criteria for obtaining the best
                                                                                         365-195-910



information include the following:
                                                                                    available science. (1) Consultation with state and federal nat-
     (i) Anecdotal information. One or more observations
                                                                                    ural resources agencies and tribes can provide a quick and
which are not part of an organized scientific effort (for exam-                     cost-effective way to develop scientific information and rec-
ple, "I saw a grizzly bear in that area while I was hiking").                       ommendations. State natural resource agencies provide
     (ii) Nonexpert opinion. Opinion of a person who is not a                       numerous guidance documents and model ordinances that
qualified scientific expert in a pertinent scientific discipline                    incorporate the agencies' assessments of the best available
(for example, "I do not believe there are grizzly bears in that                     science. The department can provide technical assistance in
area").                                                                             obtaining such information from state natural resources agen-
(2009 Ed.)                                                                                                                             [Title 365 WAC—p. 69]
365-195-915                                    Title 365 WAC: Community Development

                                                                              365-195-920


cies, developing model GMA-compliant critical areas poli-                     WAC 365-195-920 Criteria for addressing inade-
cies and development regulations, and related subjects. The              quate scientific information. Where there is an absence of
department will make available to interested parties a current           valid scientific information or incomplete scientific informa-
list of the best available science determined to be consistent           tion relating to a county's or city's critical areas, leading to
with criteria set out in WAC 365-195-905 as identified by                uncertainty about which development and land uses could
state or federal natural resource agencies for critical areas.           lead to harm of critical areas or uncertainty about the risk to
      (2) A county or city may compile scientific information            critical area function of permitting development, counties
through its own efforts, with or without the assistance of               and cities should use the following approach:
qualified experts, and through state agency review and the                    (1) A "precautionary or a no risk approach," in which
Growth Management Act's required public participation pro-               development and land use activities are strictly limited until
cess. The county or city should assess whether the scientific            the uncertainty is sufficiently resolved; and
information it compiles constitutes the best available science                (2) As an interim approach, an effective adaptive man-
applicable to the critical areas to be protected, using the crite-       agement program that relies on scientific methods to evaluate
ria set out in WAC 365-195-900 through 365-195-925 and                   how well regulatory and nonregulatory actions achieve their
any technical guidance provided by the department. If not,               objectives. Management, policy, and regulatory actions are
the county or city should identify and assemble additional               treated as experiments that are purposefully monitored and
scientific information to ensure it has included the best avail-         evaluated to determine whether they are effective and, if not,
able science.                                                            how they should be improved to increase their effectiveness.
                                                                         An adaptive management program is a formal and deliberate
[Statutory Authority: RCW 36.70A.190 (4)(b). 00-16-064, § 365-195-910,   scientific approach to taking action and obtaining informa-
filed 7/27/00, effective 8/27/00.]
                                                                         tion in the face of uncertainty. To effectively implement an
                                                                         adaptive management program, counties and cities should be
     365-195-915



     WAC 365-195-915 Criteria for including the best                     willing to:
available science in developing policies and development                      (a) Address funding for the research component of the
regulations. (1) To demonstrate that the best available sci-             adaptive management program;
ence has been included in the development of critical areas                   (b) Change course based on the results and interpretation
policies and regulations, counties and cities should address             of new information that resolves uncertainties; and
each of the following on the record:                                          (c) Commit to the appropriate time frame and scale nec-
     (a) The specific policies and development regulations               essary to reliably evaluate regulatory and nonregulatory
adopted to protect the functions and values of the critical              actions affecting critical areas protection and anadromous
areas at issue.                                                          fisheries.
                                                                         [Statutory Authority: RCW 36.70A.190 (4)(b). 00-16-064, § 365-195-920,
     (b) The relevant sources of best available scientific infor-        filed 7/27/00, effective 8/27/00.]
mation included in the decision-making.
     (c) Any nonscientific information—including legal,                       365-195-925

                                                                              WAC 365-195-925 Criteria for demonstrating "spe-
social, cultural, economic, and political information—used as            cial consideration" has been given to conservation or pro-
a basis for critical area policies and regulations that depart           tection measures necessary to preserve or enhance
from recommendations derived from the best available sci-                anadromous fisheries. (1) RCW 36.70A.172(1) imposes
ence. A county or city departing from science-based recom-               two distinct but related requirements on counties and cities.
mendations should:                                                       Counties and cities must include the "best available science"
     (i) Identify the information in the record that supports its        when developing policies and development regulations to
decision to depart from science-based recommendations;                   protect the functions and values of critical areas, and counties
     (ii) Explain its rationale for departing from science-              and cities must give "special consideration" to conservation
based recommendations; and                                               or protection measures necessary to preserve or enhance
                                                                         anadromous fisheries. Local governments should address
     (iii) Identify potential risks to the functions and values of       both requirements in RCW 36.70A.172(1) when developing
the critical area or areas at issue and any additional measures          their records to support their critical areas policies and devel-
chosen to limit such risks. State Environmental Policy Act               opment regulations.
(SEPA) review often provides an opportunity to establish and
                                                                              (2) To demonstrate compliance with RCW 36.70A.172
publish the record of this assessment.
                                                                         (1), a county or city adopting policies and development regu-
     (2) Counties and cities should include the best available           lations to protect critical areas should include in the record
science in determining whether to grant applications for                 evidence that it has given "special consideration" to conser-
administrative variances and exemptions from generally                   vation or protection measures necessary to preserve or
applicable provisions in policies and development regula-                enhance anadromous fisheries. The record should be devel-
tions adopted to protect the functions and values of critical            oped using the criteria set out in WAC 365-195-900 through
areas. Counties and cities should adopt procedures and crite-            365-195-925 to ensure that conservation or protection mea-
ria to ensure that the best available science is included in             sures necessary to preserve or enhance anadromous fisheries
every review of an application for an administrative variance            are grounded in the best available science.
or exemption.                                                                 (3) Conservation or protection measures necessary to
[Statutory Authority: RCW 36.70A.190 (4)(b). 00-16-064, § 365-195-915,   preserve or enhance anadromous fisheries include measures
filed 7/27/00, effective 8/27/00.]                                       that protect habitat important for all life stages of anadro-
[Title 365 WAC—p. 70]                                                                                                                (2009 Ed.)
                                                                   Project Consistency                                               365-197-030

mous fish, including, but not limited to, spawning and incu-                   regulations or standards. This uniform approach is based
bation, juvenile rearing and adult residence, juvenile migra-                  upon existing project review practices and should not place a
tion downstream to the sea, and adult migration upstream to                    "new" burden on applicants or local government. The intent
spawning areas. Special consideration should be given to                       is that consistency analysis be largely a matter of code check-
habitat protection measures based on the best available sci-                   ing for most projects, which are simple or routine. More com-
ence relevant to stream flows, water quality and temperature,                  plex projects may require more analysis of these factors,
spawning substrates, instream structural diversity, migratory                  including any required studies. During project review, a
access, estuary and nearshore marine habitat quality, and the                  question may be raised about whether a project is consistent
maintenance of salmon prey species. Conservation or protec-                    with applicable regulations or plans after some initial analy-
tion measures can include the adoption of interim actions and                  sis. A project's consistency with applicable development reg-
long-term strategies to protect and enhance fisheries                          ulations may not initially be clear due to the complexity of
resources.                                                                     the project or the regulations. For example, provision for
[Statutory Authority: RCW 36.70A.190 (4)(b). 00-16-064, § 365-195-925,         infrastructure. In these cases, the criteria in the rule are
filed 7/27/00, effective 8/27/00.]                                             intended to provide guidance to local government, applicants,
                                                                               and reviewers in conducting a consistency analysis. The cri-
     Chapter 365-197
                         Chapter 365-197 WAC                                   teria are not intended for every aspect of the project, only for
                                                                               those aspects where there are still questions of consistency
                       PROJECT CONSISTENCY                                     after the initial review.
WAC                                                                                 This rule is advisory in nature. As provided by RCW
365-197-010            Purpose of a project consistency rule.                  36.70B.040, local governments may develop and apply their
365-197-020            Definitions.                                            own procedures for determining project consistency.
365-197-030            Integrated project review—GMA project consistency
                            analysis and environmental review under SEPA.      [Statutory Authority: RCW 36.70B.040. 01-13-039, § 365-197-010, filed
365-197-040            Definition and review of project consistency.           6/13/01, effective 7/14/01.]
365-197-050            Criteria to analyze consistency of project actions.
365-197-060            Definition of plan "deficiency" identified in project
                                                                                    WAC 365-197-020 Definitions. (1) "GMA" means the
                                                                                    365-197-020

                            review and how such deficiencies should be dock-
                            eted.                                              Growth Management Act, chapter 36.70A RCW and those
365-197-070            Appeals of consistency.
365-197-080            An agency may deny a project based upon consistency     statutes codified in other chapters of the Revised Code of
                            analysis.                                          Washington that were enacted or amended as part of chapter
                                                                               17, Laws of 1990 1st ex. sess. and chapter 32, Laws of 1991
     WAC 365-197-010 Purpose of a project consistency
     365-197-010

                                                                               sp. sess.
rule. The Local Project Review Act (chapter 36.70B RCW)                             (2) "GMA county/city" means a county or city that is
authorizes the department of community, trade, and eco-                        planning under RCW 36.70A.040.
nomic development to develop and adopt by rule criteria to                          (3) "SEPA" means the State Environmental Policy Act
assist local governments planning under RCW 36.70A.040 to                      of 1971, chapter 43.21C RCW, and the SEPA rules, chapter
analyze the consistency of project actions. These criteria are                 197-11 WAC, as enacted or later amended.
to be jointly developed with the department of ecology                         [Statutory Authority: RCW 36.70B.040. 01-13-039, § 365-197-020, filed
(RCW 36.70B.040(5)).                                                           6/13/01, effective 7/14/01.]
     A basic principle of the Growth Management Act
(GMA) and the Local Project Review Act is that land use                             WAC 365-197-030 Integrated project review—GMA
                                                                                    365-197-030




decisions made in adopting a comprehensive plan and devel-                     project consistency analysis and environmental review
opment regulations under chapter 36.70A RCW should not                         under SEPA. The GMA is a fundamental building block of
be revisited during project review. When review of a project                   regulatory reform. The GMA should serve as an integrating
indicates that it is consistent with earlier land use decisions,               framework for other land use-related laws. (ESHB 1724, Sec-
that project should not be reevaluated or scrutinized with                     tion 1.)
respect to whether those decisions were appropriate. Given                          Integration of permit review and environmental review
the number of jurisdictions and agencies in the state, it is                   is intended to eliminate duplication in processes and require-
essential to establish a uniform framework for jurisdictions                   ments. The legislature recognized that consistency analysis
planning under the GMA to consider the consistency of a pro-                   and determinations of whether environmental impacts have
posed project with the applicable development regulations or,                  been adequately addressed involve many of the same studies
in the absence of applicable regulations, the adopted compre-                  and analyses. SEPA substantive authority should not be used
hensive plan.                                                                  to condition or deny a permit for those impacts adequately
     Consistency should be considered in the project review                    addressed by the applicable development regulations.
process by analyzing four factors found in applicable regula-                       The primary role of environmental review under SEPA
tions or plans. The four factors are:                                          at the project level is to focus on those environmental impacts
     (1) The type of land use allowed;                                         that have not been addressed by a GMA county's/city's devel-
     (2) The level of development allowed, such as dwelling                    opment regulations and/or comprehensive plan adopted
units per acre or other measures of intensity;                                 under chapter 36.70A RCW, or other local, state, and federal
     (3) Infrastructure, such as the adequacy of public facili-                laws and regulations. SEPA substantive authority should
ties and services to serve the proposed project; and                           only be used when the impacts cannot be adequately
     (4) The characteristics of the proposed development,                      addressed by existing laws. As consistency analysis involves
such as assessment for compliance with specific development                    the application of development regulations and/or the com-
(2009 Ed.)                                                                                                                  [Title 365 WAC—p. 71]
365-197-040                                   Title 365 WAC: Community Development

prehensive plan to a specific project, it will also help answer         growth management/land use and environmental perspec-
the question of whether a project's environmental impacts               tive).
have been adequately addressed by the regulations and/or                     (4) Reviewing consistency in these four categories will
plan policies.                                                          be largely a code-checking exercise for relatively simple or
     During project review, a GMA county/city may deter-                routine projects in GMA counties/cities with specific devel-
mine that some or all of the environmental impacts of the               opment regulations, while more complex projects or projects
project have been addressed by its development regulations,             that affect critical areas may require more analysis.
comprehensive plan, or other applicable local, state, or fed-           [Statutory Authority: RCW 36.70B.040. 01-13-039, § 365-197-040, filed
eral laws or rules (RCW 43.21C.240 and WAC 197-11-158).                 6/13/01, effective 7/14/01.]
The GMA county/city may make this determination during
the course of environmental review and preparation of a                      WAC 365-197-050 Criteria to analyze consistency of
                                                                             365-197-050




threshold determination (including initial consistency                  project actions. (1) In considering the four basic categories
review), if the impacts have been adequately addressed in the           of project consistency, it may not be clear on initial review
applicable regulations, plan policies, or other laws. "Ade-             whether a project is consistent with a particular applicable
quately addressed" is defined as having identified the impacts          development regulation, or in its absence, the comprehensive
and avoided, otherwise mitigated, or designated as acceptable           plan. The following criteria, in the form of questions, are
the impacts associated with certain levels of service, land use         intended to assist cities/counties, applicants, and reviewers in
designations, development standards, or other land use plan-            analyzing for consistency.
ning decisions required or allowed under the GMA. Once a                     (a) Type of land use: Is the project's proposed land use
determination has been made that an impact has been ade-                within the range of allowable uses identified for this site in
quately addressed, the jurisdiction may not require additional          the comprehensive plan/development regulation? This would
mitigation for that impact under its SEPA substantive author-           include uses that may be allowed under certain circumstances
ity.                                                                    if they satisfy approval criteria, for example, planned unit
     Thus, through the project review process:                          developments, conditional uses, or special uses.
     (1) If the applicable regulations require studies that ade-             (b) Level of development: Is the project's proposed
quately analyze all of the project's specific probable adverse          land use within the range of densities, including dwelling
environmental impacts, additional studies under SEPA will               units per acre or other measures of intensity, as defined in the
not be necessary on those impacts;                                      comprehensive plan/development regulations? Other mea-
     (2) If the applicable regulations require measures that            sures of intensity may include, but are not limited to, such
adequately address such environmental impacts, additional               measures as square footage of nonresidential development,
measures would likewise not be required under SEPA; and                 number of employees, or floor area ratio.
     (3) If the applicable regulations do not adequately ana-                (c) Infrastructure: Are the system-wide public facili-
lyze or address a proposal's specific probable adverse envi-            ties and services necessary to serve the development avail-
ronmental impacts, SEPA provides the authority and proce-               able? To make this decision, the local jurisdiction should ask:
dures for additional review. (Note to RCW 43.21C.240.)                       (i) Is the system-wide infrastructure sufficient to serve
[Statutory Authority: RCW 36.70B.040. 01-13-039, § 365-197-030, filed   the development? (If yes, no need to ask the next question.)
6/13/01, effective 7/14/01.]                                                 (ii) Have any system improvements needed for the pro-
                                                                        posed development and site:
     WAC 365-197-040 Definition and review of project
     365-197-040

                                                                             (A) Been identified as necessary to support development
consistency. (1) "Project consistency" refers to whether a              in the comprehensive plan; and
project is consistent with adopted and applicable develop-                   (B) Had provision for funding in the comprehensive plan
ment regulations, or in their absence, comprehensive plans              (e.g., capital facilities plan, utilities element, transportation
adopted under chapter 36.70A RCW.                                       improvement plan)? Alternatively, can the applicant demon-
     (2) Project review for consistency is not subject to the           strate capacity, e.g., through a certificate of concurrency pro-
provisions of this chapter for regulations or plans that:               cess? (If yes, no need to ask the next question.)
     (a) Do not exist or have not been adopted under chapter                 (iii) Will the proposed project use more capacity than the
36.70A RCW; or                                                          usage or assumptions on which the capital facilities plan, util-
     (b) Do not apply to the particular project (e.g., no need to       ities element, or transportation improvement plan were
review compliance with flood plain ordinances if the site is            based, or will the project cause current service levels to fall
not in a flood plain).                                                  below level of service standards identified in the comprehen-
     (3) The adopted and applicable development regula-                 sive plan? (If yes, does the applicant want to pay for the
tions/plans that apply to a project fall into four basic catego-        improvements or allow the GMA county/city to docket the
ries, which are defined in different levels of detail by GMA            issue for future plan amendment?)
counties/cities:                                                             (d) Characteristics of development: Does the pro-
     (a) Type of land use;                                              posed project:
     (b) Level of development (dwelling units per acre or                    (i) Meet or fall within the range of numerical standards
other measures of density);                                             that apply? (Examples of numerical standards may include,
     (c) Infrastructure to support the proposed project (public         but are not limited to, number of dwelling units per acre, floor
facilities and services); and                                           area ratio, building setbacks, building height, lot size, lot cov-
     (d) The other characteristics of the development (how              erage, minimum width and depth for new lots, parking
the project is sited or otherwise built and operated from a             requirements, and density/intensity bonuses or incentives. In
[Title 365 WAC—p. 72]                                                                                                              (2009 Ed.)
                                                            Project Consistency                                               365-197-070

applying some of these standards, some overlap may occur                project-specific impacts could be identified that the agency
with the analysis for level of development, i.e., units per acre        will need to or prefer to address at the project level rather than
and floor area ratio.)                                                  in the comprehensive plan or development regulations.
     (ii) Promote or not substantially conflict with narrative               For purposes of docketing, use of the term "deficiency"
standards that apply? (Examples of narrative standards                  shall not mean that a comprehensive plan or development
include performance standards, engineering or design crite-             regulation adopted by a county or city under chapter 36.70A
ria, methods for determining compliance such as monitoring              RCW is invalid or out of compliance with chapter 36.70A
or contingency plans, and mandatory policies or criteria.)              RCW. Docketing is intended to allow and encourage GMA
Analysis of consistency with narrative standards may be con-            counties/cities to improve their plans and regulations as a
tingent upon preparation, completion, and approval of                   result of experience in reviewing projects, but without stop-
required studies, plans, determinations, or monitoring (e.g.,           ping review of the project that may have disclosed the "defi-
delineation of critical areas, mitigation plans, etc.).                 ciency."
     (e) For purposes of this section, "system-wide" infra-                  (3) A project should not be found to be inconsistent with
structure means those public services or facilities that may be         applicable regulations or the plan if the inconsistency is the
needed to serve a geographic area greater than the specific             result of a deficiency of one of the four criteria for project
site on which the project is located. For example, sewer sys-           consistency. The deficiency should be docketed for possible
tems, water systems, or transportation systems that serve a             future regulation or plan amendments, and the project propo-
geographic area beyond the project site. Public services or             nent can proceed with either of the options provided in sub-
facilities that are not system-wide and may be needed on or             section (4) of this section.
near a proposed project (such as drainage facilities, utility                (4) If all of the information to analyze consistency does
connections or transportation improvements to primarily                 not exist in the regulations or plan, the absent policy or regu-
serve the project) should be addressed through analysis of the          latory information should be docketed for possible future reg-
characteristics of development.                                         ulation or plan amendments. At this point the applicant may:
     (2) Analysis of project consistency should take into con-               (a) Await docketing and decision on the proposed
sideration regulatory standards and policies that provide a             amendment to address the deficiency before proceeding with
method to reconcile a project's proposed type of develop-               the project review process; or
ment, level of development, infrastructure needs, or charac-                 (b) Proceed with the project review process under SEPA
teristics of development with development regulation and/or             and other applicable laws.
comprehensive plan requirements. Such provisions include,               [Statutory Authority: RCW 36.70B.040. 01-13-039, § 365-197-060, filed
but are not limited to, variance and conditional use proce-             6/13/01, effective 7/14/01.]
dures, innovative land use techniques, developer funding for
infrastructure construction or improvements, and project-                    365-197-070

                                                                             WAC 365-197-070 Appeals of consistency. (1) When
specific mitigation measures.                                           and how appeals of consistency may fit into a GMA
     (3) If the information needed to analyze project consis-           county's/city's appeal process depends upon the individual
tency does not exist in the applicable development regula-              jurisdiction's project review and appeals process. Nothing in
tions or comprehensive plan, the county or city should deter-           this section requires documentation or dictates a GMA
mine whether a deficiency exists pursuant to WAC 365-197-               county's/city's procedures for considering consistency.
060.                                                                         (2) Fundamental land use planning decisions made in
[Statutory Authority: RCW 36.70B.040. 01-13-039, § 365-197-050, filed   comprehensive plans and development regulations should
6/13/01, effective 7/14/01.]                                            not be revisited at the project level. During project review,
                                                                        the local government or any subsequent reviewing body shall
     365-197-060

     WAC 365-197-060 Definition of plan "deficiency"                    not reexamine alternatives to or hear appeals on the planning
identified in project review and how such deficiencies                  decisions specified in subsection (3)(a) through (c) of this
should be docketed. (1) Project review may continue under               section, except for issues of code interpretation. The planning
SEPA and other applicable laws, if, during project review, a            decisions in subsection (3)(a) through (c) of this section are a
GMA county/city identifies a deficiency in the applicable               subset of the four basic categories of criteria for analyzing
development regulations or the policies in the comprehensive            project consistency under WAC 365-197-050 (1)(a) through
plan. The identified deficiency shall be docketed for possible          (d). The planning decisions in subsection (3)(a) through (c) of
future development regulation or plan amendments. The                   this section are identified in RCW 36.70B.030(2) as deci-
applicant may proceed as provided in subsection (4)(c) of this          sions that are determinative and cannot be reexamined at the
section. The project review process shall not be used as a              project level if they have been addressed in the development
comprehensive planning process. Docketed deficiencies shall             regulations and/or comprehensive plan. As project review
be considered through the normal amendment process for                  includes environmental review, the local government or sub-
comprehensive plans or development regulations.                         sequent reviewing body shall not reexamine or hear appeals
     (2) "Deficiency" in a development regulation or compre-            on how the environmental impacts of those planning deci-
hensive plan refers to the absence of required or potentially           sions in subsection (3)(a) through (c) of this section were
desirable1 contents of a comprehensive plan or development              addressed under chapter 43.21C RCW. However, if environ-
regulation. It does not refer to whether a development regula-          mental information is required to analyze project consistency
tion adequately addresses a project's probable specific                 under subsection (3)(a) through (c) of this section and that
adverse environmental impacts, which the permitting agency              information is not available, the decision may still be chal-
could mitigate in the normal project review process. Some               lenged under SEPA.
(2009 Ed.)                                                                                                           [Title 365 WAC—p. 73]
365-197-080                                   Title 365 WAC: Community Development

                                                                             365-197-080


     (3) During project review, a GMA county/city or any                     WAC 365-197-080 An agency may deny a project
subsequent reviewing body shall determine whether the items             based upon consistency analysis. (1) An agency has the
listed in (a) through (c) of this subsection are defined in the         authority to deny a project if it:
development regulations applicable to the proposed project                   (a) Is inconsistent and does not comply with the applica-
or, in the absence of applicable regulations, the adopted com-          ble development regulations, or in their absence, the adopted
prehensive plan under chapter 36.70A RCW. At a minimum,                 comprehensive plan;
such applicable regulations or plans shall be determinative of               (b) Will result in significant adverse environmental
the:                                                                    impacts which cannot be mitigated per RCW 43.21C.060 and
     (a) Type of land use permitted at the site, including uses         WAC 197-11-660; or
that may be allowed under certain circumstances, such as                     (c) Does not comply with other local, state, or federal
planned unit developments and conditional and special uses,             law and rules, and the local jurisdiction has the authority to
if the criteria for their approval have been satisfied;                 deny based upon these other laws and rules.
     (b) Density of residential development in urban growth                  (2) This rule is not intended to modify any criteria devel-
areas, including densities that may be allowed under certain            oped by a GMA county/city for denying a project.
circumstances, such as planned unit developments and den-               [Statutory Authority: RCW 36.70B.040. 01-13-039, § 365-197-080, filed
sity bonuses;                                                           6/13/01, effective 7/14/01.]
     (c) Availability and adequacy of public facilities:
     (i) That are needed to serve the proposed development;
                                                                                          Chapter 365-200 WAC
                                                                             Chapter 365-200



     (ii) That are identified in the comprehensive plan; and
     (iii) For which the plan or development regulations iden-                    THE AFFORDABLE HOUSING PROGRAM
tify the probable sources of funding, as required by chapter            WAC
36.70A RCW.                                                             365-200-010            Authority.
     (4) Upon a determination of consistency of the project             365-200-020            Purpose.
with the planning decisions in subsection (3)(a) through (c)            365-200-030            Definitions.
                                                                        365-200-040            Eligible applicants.
of this section, no further analysis of the project with respect        365-200-050            Content and criteria for approval of the needs assess-
to those items will be required. However, because the plan-                                         ment.
ning decisions in subsection (3)(a) through (c) of this section         365-200-060            Notice.
                                                                        365-200-070            Advice and input of the low-income assistance advisory
do not include all of the project review criteria in WAC 365-                                       committee.
197-050 (1)(a) through (d), further analysis may be required
to apply the remaining criteria listed in WAC 365-197-050                    365-200-010


                                                                             WAC 365-200-010 Authority. These rules are adopted
(1)(a) through (d) that are not addressed in the planning deci-         under the authority of chapter 43.185 RCW which provide
sions in subsection (3)(a) through (c) of this section. For             that the department shall have the authority to promulgate
example, analysis of residential densities outside the urban            rules governing the award of grants and loans.
growth area or the character of development may still need to
be addressed.                                                           [Statutory Authority: Chapter 43.185 RCW. 92-06-005 (Order 92-02), §
                                                                        365-200-010, filed 2/20/92, effective 3/22/92.]
     (5) For purposes of this section, "code interpretation"
includes the correct application of the applicable regulations               365-200-020




or plan to the project. As part of its project review process,               WAC 365-200-020 Purpose. The purpose of the afford-
each GMA county/city must adopt procedures for obtaining a              able housing program is to provide financial assistance, and
code interpretation pursuant to RCW 36.70B.030(3) and                   develop and coordinate public and private resources to meet
36.70B.110(11). A GMA county/city may provide a formal                  the affordable housing needs of low-income households in
or informal process for code interpretation. The GMA county             the state.
or city or subsequent reviewing body may consider com-                  [Statutory Authority: Chapter 43.185 RCW. 92-06-005 (Order 92-02), §
ments on the application of regulations or the plan to the              365-200-020, filed 2/20/92, effective 3/22/92.]
project without requiring a formal code interpretation.                      365-200-030



     (6) As provided above, agencies should not be revisiting                WAC 365-200-030 Definitions. (1) "Affordable hous-
fundamental land use planning decisions made in compre-                 ing" means residential housing for rental or private individual
hensive plans and development regulations at the project                ownership which, as long as the same is occupied by low-
level. However, nothing is this chapter limits the authority of         income households, requires payment of monthly housing
a permitting agency to approve, condition, or deny a project            costs, including utilities other than telephone, of no more
as provided in its development regulations adopted under                than thirty percent of the family's income.
chapter 36.70A RCW and in its SEPA substantive policies                      (2) "Low-income" means a family or household earning
adopted under RCW 43.21C.060. An agency may still use its               eighty percent or lower of county median income.
authority under adopted development regulations or SEPA                      (3) "Very low income" means a family or household
substantive policies to condition a project. For example, an            earning fifty percent or lower of county median income.
agency may condition a project to reduce neighborhood traf-                  (4) "Department" means the department of community
fic or traffic impacts, which could have the effect of reducing         development.
the level of development otherwise permitted by zoning ordi-                 (5) "Director" means the director of the department of
nance.                                                                  community development.
[Statutory Authority: RCW 36.70B.040. 01-13-039, § 365-197-070, filed   [Statutory Authority: Chapter 43.185 RCW. 92-06-005 (Order 92-02), §
6/13/01, effective 7/14/01.]                                            365-200-030, filed 2/20/92, effective 3/22/92.]
[Title 365 WAC—p. 74]                                                                                                                      (2009 Ed.)
                                                  Individual Development Accounts                                                 365-205-030
     365-200-040


     WAC 365-200-040 Eligible applicants. Eligible appli-              [Statutory Authority: Chapter 43.185 RCW. 92-06-005 (Order 92-02), §
cants for funding include local governments, local housing             365-200-060, filed 2/20/92, effective 3/22/92.]
authorities, nonprofit community or neighborhood-based                      365-200-070


organizations, and regional or statewide nonprofit housing                  WAC 365-200-070 Advice and input of the low-
assistance organizations.                                              income assistance advisory committee. With the advice and
[Statutory Authority: Chapter 43.185 RCW. 92-06-005 (Order 92-02), §
                                                                       input of the low-income assistance advisory committee
365-200-040, filed 2/20/92, effective 3/22/92.]                        appointed by the director, the department shall develop crite-
                                                                       ria to evaluate applications for assistance.
                                                                       [Statutory Authority: Chapter 43.185 RCW. 92-06-005 (Order 92-02), §
     365-200-050


     WAC 365-200-050 Content and criteria for approval
                                                                       365-200-070, filed 2/20/92, effective 3/22/92.]
of the needs assessment. The department shall not approve a
request for assistance unless it has received and approved a
housing needs assessment. The affordable housing needs                                 Chapter 365-205 WAC
                                                                            Chapter 365-205




assessment shall:                                                              INDIVIDUAL DEVELOPMENT ACCOUNTS
     (1) Describe the jurisdiction's current needs for housing
assistance for very low-income households, low-income                  WAC
                                                                       365-205-010            Purpose.
households, and special-needs populations;                             365-205-020            What are individual development accounts (IDAs)?
     (2) Estimate the need for a five-year period; and                 365-205-030            What assets may be purchased with an IDA?
     (3) Contain a strategy to meet the need. The needs                365-205-040            Who is eligible to become an IDA accountholder?
                                                                       365-205-050            How is the IDA program operated?
assessment shall:                                                      365-205-060            What are the accountholder's responsibilities?
     (a) Contain population demographics including age,                365-205-070            Under what circumstances may an accountholder with-
                                                                                                  draw funds from their account?
race, household income, and household type;                            365-205-080            Over what period of time must assets be purchased?
     (b) Provide a ten-year summary of population changes              365-205-090            What about the foster youth IDA program?
and a projection of population changes for the next ten years;
     (c) State the number and percentage of persons and                     365-205-010

                                                                           WAC 365-205-010 Purpose. The purpose of the indi-
households at eighty percent and lower of county median                vidual development accounts (IDA) program is to create
income;                                                                incentives and support for savings and purchases of major
     (d) Identify the gap between the number of households at          assets by low-income people in Washington state. IDAs will
eighty percent of median and the number of affordable rental           promote job training, home ownership, and business develop-
and for-sale units which are needed;                                   ment among low-income individuals and provide assistance
     (e) Identify the amount of average assistance required to         in meeting the financial goals of low-income individuals.
close the gap for a household at eighty percent of county              Additionally, a special IDA program for foster youth is
median income with not more than thirty percent of house-              described below.
hold income to be used for housing costs including utilities;              The changes made in state statute to create this program
and                                                                    can be found in RCW 43.79A.040 and chapter 43.31 RCW.
     (f) Contain a description of local existing housing condi-        [Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. 05-21-
tions including vacancy rates, average rents, average for-sale         091, § 365-205-010, filed 10/18/05, effective 11/18/05.]
house prices, units in need of rehabilitation, units in need of
weatherization, and the number of new units in the past five                365-205-020

                                                                            WAC 365-205-020 What are individual development
years and their type.                                                  accounts (IDAs)? IDAs are matched savings accounts for
     The department may accept a local housing element, a              low-income households that are designed to help them invest
certified comprehensive housing affordability strategy, or a           in assets, such as home ownership, small business, or post-
housing assistance plan, if consistent with the provisions of          secondary education. The state will match eligible savings at
this section. To be approved a plan must contain the number            a rate of one dollar for every dollar deposited by an IDA
of households at eighty percent or lower of county median              accountholder into their account. Accountholders can earn up
income and state the average amount of assistance required             to four thousand dollars in state match.
per household to enable access to affordable housing at fair           [Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. 05-21-
market rents or to average sales prices with no more than              091, § 365-205-020, filed 10/18/05, effective 11/18/05.]
thirty percent of the household's income, including utilities,
and comply with the above requirements.                                     365-205-030

                                                                            WAC 365-205-030 What assets may be purchased
[Statutory Authority: Chapter 43.185 RCW. 92-06-005 (Order 92-02), §   with an IDA? An IDA may be used for:
365-200-050, filed 2/20/92, effective 3/22/92.]                             • Postsecondary education and training. Education
                                                                       and training may be provided to the accountholder, their
     365-200-060


     WAC 365-200-060 Notice. During each calendar year                 spouse, or a dependent child and must be provided through an
in which funds are available for use by the department for the         educational institution or training provider approved by the
affordable housing program the department shall announce to            Washington state work force education and training coordi-
all known interested parties, and through major media                  nating board. Nonapproved training providers may be
throughout the state, a grant and loan application period of at        granted a purchase waiver by CTED.
least ninety days duration. This announcement shall be made                 • First-time home ownership. The accountholder can-
as often as the director deems appropriate for proper utiliza-         not have owned a home during the three-year period prior to
tion of resources.                                                     enrollment into the IDA program.
(2009 Ed.)                                                                                                                [Title 365 WAC—p. 75]
365-205-040                                 Title 365 WAC: Community Development

                                                                          WAC 365-205-050 How is the IDA program oper-
                                                                         365-205-050


     Exceptions include:
     (1) Any individual who is a displaced homemaker or a            ated? The Washington state department of community, trade
single parent on the basis that the individual, while a home-        and economic development (CTED) administers the IDA
maker and/or married, owned a home with his or her spouse            program through contracts with service providers for local
or resided in a home owned by the spouse; and                        service delivery. Service providers are responsible for local
     (2) An individual who owns or owned, as a principal res-        IDA program management and operations including:
idence during such three-year period, a dwelling unit whose               • Accepting applications and determining eligibility for
structure is:                                                        the program;
                                                                          • Developing individual savings plans for each
     (a) Not permanently affixed to a permanent foundation
                                                                     accountholder;
in accordance with local or other applicable regulations; or
                                                                          • Providing financial literacy and other types of training
     (b) Not in compliance with state, local, or model build-        and/or counseling to prepare accountholders for their asset
ing codes, or other applicable codes, and cannot be brought          purchase;
into compliance with such codes for less than the cost of con-            • Providing basic support management for each
structing a permanent structure.                                     accountholder and coordination with other resources and sup-
     • Small business capitalization. Eligible uses include          port services;
capital, land, plant, equipment and inventory expenses or for             • Approving asset purchases and disbursing match to the
working capital pursuant to a business plan. The business            person or organization from whom the asset is being pur-
plan must have been developed with a business counselor,             chased; and
trainer and/or financial institution approved by the IDA ser-             • Ensuring compliance with program policies and proce-
vice provider. The business plan must include a description          dures.
of the services and/or goods to be sold, a marketing strategy
                                                                     [Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. 05-21-
and financial projections.                                           091, § 365-205-050, filed 10/18/05, effective 11/18/05.]
     • Computer. The purchase of a computer must be deter-
mined by the IDA service provider to be necessary for work-              365-205-060

                                                                          WAC 365-205-060 What are the accountholder's
related activities and/or postsecondary education or training.       responsibilities? Accountholders must sign an individual
     • Automobile or truck. The purchase of a vehicle must           savings plan that identifies their savings and asset goal, and
be determined by the IDA service provider to be necessary            open a savings account at a financial institution that is partic-
for work-related activities and/or postsecondary education or        ipating in the IDA program. Accountholders must make
training.                                                            deposits to their savings account on a regular basis and must
     • Home improvements. Eligible improvements include              attend financial literacy classes, which will help them with
repairs and other modifications to improve the health and            managing their finances. Additional training or counseling
safety, accessibility, or energy efficiency, of a home owned         may also be provided to accountholders that will help to pre-
and occupied by the accountholder. The service provider may          pare them for their specific asset, such as home ownership
approve other improvements of a nonluxury nature.                    counseling or micro-enterprise training. An accountholder
     • Assistive technologies. Eligible uses include the pur-        may terminate their agreement with their service provider at
chase or enhancement of technologies that will allow persons         any time and withdraw their savings, thereby giving up
with disabilities to participate in work-related activities.         access to all IDA matching funds.
[Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. 05-21-   [Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. 05-21-
091, § 365-205-030, filed 10/18/05, effective 11/18/05.]             091, § 365-205-060, filed 10/18/05, effective 11/18/05.]

                                                                         365-205-070
    365-205-040


     WAC 365-205-040 Who is eligible to become an IDA                     WAC 365-205-070 Under what circumstances may
accountholder? Any individual whose household income at              an accountholder withdraw funds from their account?
program entry is equal to or less than either:                       Once an accountholder is ready to make an asset purchase,
                                                                     they must request approval of the purchase from their IDA
     (1) Eighty percent of the area median income, adjusted          service provider. Upon approval of the purchase, the service
for household size; or                                               provider will issue payment directly to the person or entity
     (2) Two hundred percent of federal poverty guidelines.          from whom the asset is being purchased. At the service pro-
     Local IDA service providers may choose to target                vider's discretion, business capitalization expenses may be
incomes below these levels in their local IDA programs.              paid from an IDA match account directly to a business capi-
     Additionally, the net worth of the individual's household       talization account that is established in a federally insured
as of the end of the previous calendar year may not exceed ten       financial institution or state insured institution if no federally
thousand dollars. Household net worth is defined as the total        insured financial institution is available.
market value of all assets that are owned in whole or in part             If an accountholder wishes to withdraw funds for some
by any household member minus the total debts or obliga-             purpose other than an eligible asset purchase, they must
tions of household members, except that, for purposes of             request approval from their service provider. An account-
determining IDA eligibility, a household's assets shall not be       holder may be allowed to withdraw all or part of their savings
considered to include the primary dwelling unit and one              for the following emergencies:
motor vehicle owned by a member of the household.                         (1) Necessary medical expenses;
[Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. 05-21-        (2) To avoid eviction of the individual from the individ-
091, § 365-205-040, filed 10/18/05, effective 11/18/05.]             ual's residence;
[Title 365 WAC—p. 76]                                                                                                        (2009 Ed.)
                                                  Manufactured Housing Installer                                                 365-210-030

     (3) Necessary living expenses following loss of employ-         from earned income or other income, as agreed to by CTED
ment; or                                                             and the service provider. Other income shall include financial
     (4) Such other circumstances as the sponsoring organiza-        incentives for educational achievement provided by entities
tion determines merit emergency withdrawal.                          contracted with DSHS for independent living services for
     The IDA accountholder making an emergency with-                 foster youth.
drawal from savings must reimburse the account for the                    CTED has the authority to grant exceptions to rules (as
amount withdrawn within twelve months of the date of with-           long as they still comply with the statute).
drawal or the account will be closed. If an accountholder            [Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. 05-21-
wishes to use their savings for an unapproved use, they must         091, § 365-205-090, filed 10/18/05, effective 11/18/05.]
withdraw from the program and their account will be closed.
Once an account is closed, any unused match associated with
                                                                                  Chapter 365-210 WAC
                                                                         Chapter 365-210



that account is forfeited.
[Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. 05-21-
                                                                         MANUFACTURED HOUSING INSTALLER
091, § 365-205-070, filed 10/18/05, effective 11/18/05.]                TRAINING AND CERTIFICATION PROGRAM
                                                                     WAC
    WAC 365-205-080 Over what period of time must
     365-205-080

                                                                     365-210-010           Authority.
assets be purchased? Accountholders must complete all                365-210-020           Effective date.
                                                                     365-210-030           Definitions.
program requirements and purchase their asset within four            365-210-040           Training program.
years of entering the program.                                       365-210-050           Examination—Failure—Retaking.
                                                                     365-210-060           Application process.
[Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. 05-21-   365-210-061           Manufactured home installer—Continuing education
091, § 365-205-080, filed 10/18/05, effective 11/18/05.]                                        requirements.
                                                                     365-210-062           Manufactured home installer recertification—Applica-
                                                                                                tion process.
     WAC 365-205-090 What about the foster youth IDA
     365-205-090



                                                                     365-210-063           Fees—Refunds.
program? A special IDA program for foster youth is estab-            365-210-070           Failure of examination—Brief adjudicative proceeding.
lished to serve:                                                     365-210-080           Notification to employer.
                                                                     365-210-090           Requirement for applicable licenses and registrations.
     (1) A person who is fifteen years of age or older who is a      365-210-100           Manufactured home on-site work and equipment instal-
dependent of the department of social and health services                                       lation—Manufactured home installer certification
(DSHS); or                                                                                      required.
                                                                     365-210-110           Manufactured home installation, on-site work or equip-
     (2) A person who is at least fifteen years of age, but not                                 ment installation—Homeowner performing work
more than twenty-three years of age, who was a dependent of                                     on their own home—Exceptions.
DSHS for at least twenty-four months after the age of thir-          365-210-120           Manufactured home installation permit and inspec-
                                                                                                tions—Obligation of certified installer.
teen.                                                                365-210-130           Manufactured home installer—Responsibilities to the
     Foster youth IDAs follow the same general rules for                                        consumer.
                                                                     365-210-140           Manufactured home installation—Installer certification
operation and responsibilities as the regular low-income IDA                                    tags required.
program above with the differences noted below.                      365-210-150           Installer certification tag—Issuance by local enforce-
     The state will match eligible savings at a rate up to two                                  ment agency.
                                                                     365-210-160           Installer certification tag—Placement—Removal.
dollars for every dollar deposited by a foster youth IDA             365-210-170           Monthly certification tag report.
accountholder into their account. Foster accountholders can          365-210-180           Alternative education providers—Approval process and
earn up to three thousand dollars in state match.                                               compliance.
                                                                     365-210-190           Legal action—Installer certification required.
     A foster youth IDA may be used for:
     • Postsecondary education or job training. Education                365-210-010



and training may be provided to the accountholder, their                 WAC 365-210-010 Authority. The following rules are
spouse, or a dependent child and must be provided through an         adopted pursuant to chapter 43.63B RCW, Mobile and man-
educational institution or training provider approved by the         ufactured home installation, which provides that the depart-
Washington state education and training coordinating board.          ment shall train and certify manufactured home installers.
Nonapproved training providers may be granted a purchase             [Statutory Authority: Chapter 43.63B RCW. 95-14-121, § 365-210-010,
waiver by CTED.                                                      filed 6/30/95, effective 7/1/95.]
     • Housing needs. Housing needs include rent, security               365-210-020


deposit, and utilities costs and other costs deemed acceptable           WAC 365-210-020 Effective date. These rules shall
by the service provider.                                             become effective July 1, 1995.
     • Computer. The purchase of a computer must be deter-           [Statutory Authority: Chapter 43.63B RCW. 95-14-121, § 365-210-020,
mined by the IDA service provider to be necessary for post-          filed 6/30/95, effective 7/1/95.]
secondary education or training.                                         365-210-030


     • Car. The purchase of a vehicle must be determined by               WAC 365-210-030 Definitions. The following defini-
the IDA service provider to be necessary for work-related            tions shall apply to this chapter and to chapter 43.63B RCW:
activities.                                                               (1) "Extension of the pressure relief valve for the water
     • Health insurance premiums. Account funds must be              heater" means extension to the outside of the home as
used for paying premiums only, not insurance co-pays.                described in the Uniform Plumbing Code.
     A foster youth participating in the program must contrib-            (2) "Manufactured home," in addition to the definition
ute to an individual development account and develop an              provided in RCW 43.63B.010(5) means mobile home as
individual savings plan. The contributions may be derived            defined in RCW 43.63B.010(8).
(2009 Ed.)                                                                                                              [Title 365 WAC—p. 77]
365-210-040                                        Title 365 WAC: Community Development

     (3) "Mobile or manufactured home installation" does not                         (2) The application must be completed in full and must
include installation of electrical wires and equipment that                     be signed by the person applying for certification.
convey electrical power to the home or to an outlet in the                           (3) The application must contain the full name and
home, and does not include the ground crossover. Installation                   Social Security number of the person applying for certifica-
of electrical wires and equipment that convey electrical                        tion. Social Security numbers are required on applications
power to the home or to an outlet in the home must be per-                      for professional licenses pursuant to RCW 26.23.150 and
formed by a journeyman or specialty electrician as defined in                   federal law PL 104-193, The Personal Responsibility and
chapter 19.28 RCW. Equipment does not include plug-in                           Work Opportunity Reconciliation Act of 1996.
household appliances.                                                                (4) Any application received after the class cut-off date
     (4) "Other equivalent experience" means six months of                      is subject to the late application fee specified in WAC 365-
hands-on experience installing manufactured homes under                         210-063. An application will be accepted at any scheduled
the guidance of a reputable, recognized manufactured home                       training or certification exam provided classroom space is
installer; or two years experience in residential construction.                 available and the application is accompanied by the applica-
     (5) "Site" means the parcel of land designed to accom-                     tion fee and late application fee specified in WAC 365-210-
modate the dwelling and auxiliary structures.                                   063.
     (6) "May not," for the purposes of this chapter and as                          (5) If the application is denied by the department as a
used in chapter 43.63B RCW, when used in reference to a                         result of the applicant's failure to meet the requirements of
particular act or action means the act or action is not allowed                 chapter 43.63B RCW and this chapter, the department will
or not permitted.                                                               attempt to notify the applicant prior to the date the applicant
     (7) "Department" means the department of community,                        is scheduled to attend the training and examination.
trade, and economic development.                                                [Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040,
[Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040,               [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. 03-
[43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. 03-         07-035, § 365-210-060, filed 3/13/03, effective 4/13/03. Statutory Authority:
07-035, § 365-210-030, filed 3/13/03, effective 4/13/03. Statutory Authority:   Chapter 43.63B RCW. 95-14-121, § 365-210-060, filed 6/30/95, effective
Chapter 43.63B RCW. 95-14-121, § 365-210-030, filed 6/30/95, effective          7/1/95.]
7/1/95.]
                                                                                     365-210-061




     365-210-040
                                                                                     WAC 365-210-061 Manufactured home installer—
     WAC 365-210-040 Training program. The training                             Continuing education requirements. Certified manufac-
program shall include, but not be limited to, the following                     tured home installers must complete a minimum of four
topics: Relevant federal, state and local laws and standards;                   credit hours of continuing education every three years. The
supports; footings; anchors; site preparation; placement;                       continuing education credit hours may be satisfied by attend-
closing in; plumbing; electrical; combustion appliances;                        ing classes offered by the department or classes offered by an
skirting; interior and exterior finishing; operational checks                   alternative education provider approved by the department
and adjustments; auxiliary structures; and alterations. The                     pursuant to WAC 365-210-180. All fees required by WAC
department shall provide a training manual to each applicant                    365-210-063 for continuing education classes must be paid to
as part of the training program, the contents of which shall                    the department in advance.
include, but not be limited to, the above topics. The depart-                        (1) The department will offer continuing education
ment shall be responsible for updating the training program                     classes every three years beginning January 2004.
to reflect changes in relevant federal, state and local codes                        Example: Continuing education classes will be offered
and standards. The department shall, at a minimum, conduct                      in the years 2004, 2007, 2010, 2013, etc.
the training program quarterly.                                                      (2) Continuing education class curriculum will include
[Statutory Authority: Chapter 43.63B RCW. 95-14-121, § 365-210-040,             statute, code, or rule changes and common installation prob-
filed 6/30/95, effective 7/1/95.]                                               lems.
     365-210-050
                                                                                     (3) If a certified installer is unable to attend the continu-
     WAC 365-210-050 Examination—Failure—Retak-                                 ing education classes offered by the department or alternative
ing. The examination shall only include topics covered in the                   education provider, the installer may attend a regularly
training program. In order to pass the examination, applicants                  scheduled installer certification training course.
must answer 70% of the questions correctly. An applicant
                                                                                [Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040,
who fails the examination shall be permitted to retake the                      [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. 03-
training course and/or the examination as often as is neces-                    07-035, § 365-210-061, filed 3/13/03, effective 4/13/03.]
sary to secure a passing rate of 70%.
                                                                                     365-210-062


[Statutory Authority: Chapter 43.63B RCW. 95-14-121, § 365-210-050,                  WAC 365-210-062 Manufactured home installer
filed 6/30/95, effective 7/1/95.]                                               recertification—Application process. A certified manufac-
     365-210-060
                                                                                tured home installer desiring to be recertified as a manufac-
     WAC 365-210-060 Application process. A person                              tured home installer under RCW 43.63B.040 must first file
desiring to be certified as a manufactured home installer                       with the department a recertification application on a form
under RCW 43.63B.020 must first file with the department                        prescribed by the department.
an application on a form prescribed by the department.                               (1) The recertification application must be hand-deliv-
     (1) The application must be accompanied by the applica-                    ered to the department or postmarked no later than midnight
tion fee specified in WAC 365-210-063.                                          on the date of expiration of an installer's current certification.
[Title 365 WAC—p. 78]                                                                                                                             (2009 Ed.)
                                                     Manufactured Housing Installer                                              365-210-110

      (2) The recertification application must be accompanied             [Statutory Authority: Chapter 43.63B RCW. 95-14-121, § 365-210-080,
by the recertification fee specified in WAC 365-210-063.                  filed 6/30/95, effective 7/1/95.]
      (3) If a certified installer fails to apply for recertification          365-210-090



prior to the expiration of the installer's current certification,              WAC 365-210-090 Requirement for applicable
the installer must reapply for installer certification and meet           licenses and registrations. The issuance of a certificate of
all requirements for installer certification as set forth in chap-        manufactured home installation by the department under
ter 43.63B RCW and this chapter.                                          chapter 43.63B RCW and these rules does not exempt the
      (4) Before a new certification is issued, the certified             certified installer from compliance with any local, state, or
installer must provide proof to the department that the certi-            federal requirements relative to any business or occupational
fied installer has met the continuing education requirements              licenses or registrations.
set forth in this chapter.                                                [Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040,
      (5) The department will attempt to notify installers prior          [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. 03-
to expiration; however, it is the installer's responsibility to           07-035, § 365-210-090, filed 3/13/03, effective 4/13/03.]
ensure timely recertification.                                                 365-210-100



[Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040,              WAC 365-210-100 Manufactured home on-site work
[43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. 03-   and equipment installation—Manufactured home
07-035, § 365-210-062, filed 3/13/03, effective 4/13/03.]                 installer certification required. On-site work or equipment
                                                                          installation work which falls within the scope of installation
     365-210-063

     WAC 365-210-063 Fees—Refunds. The following                          as set forth in RCW 43.63B.010(6) may not be performed on
fees are payable to the department in advance:                            a manufactured home at any time after the initial installation
                                                                          of a manufactured home without the supervision of a certified
 Training and certification                                 $200.00
                                                                          manufactured home installer.
 Training only                                              $100.00
 Late application                                            $20.00            On-site work and equipment installation work may not
 Recertification                                            $100.00       be performed until a permit for such work has been issued by
 Continuing education class                                  $40.00       the local enforcement agency. On-site work and equipment
                                                                          installation work must be inspected upon completion by the
     Retake failed examination and training:                              local enforcement agency in the same manner initial home
 First retake                                                 $0.00       installations are inspected.
 Subsequent retakes                                          $30.00            On-site work and equipment installation work include,
 Manufactured home installer certification man-              $10.00       but are not limited to:
 ual                                                                           (1) Releveling a home such as installing all new pier
 Installer certification tag                                   $7.00      blocks or footings;
     (1) The department shall refund fees paid for training                    (2) Complete skirting replacement;
and certification or recertification as a manufactured home                    (3) Installing earthquake resistant bracing systems; and
installer if the application is denied for failure of the applicant            (4) Any other work described in RCW 43.63B.010(6).
to comply with the requirements of chapter 43.63B RCW or                       On-site work and equipment installation work does not
these rules.                                                              include routine maintenance or other routine repairs such as
     (2) If an applicant has paid fees to attend training or to           periodic adjustments to piers, replacement of a damaged pier,
take an examination and is unable to attend the scheduled                 or skirting repair.
training or examination, the applicant may:                               [Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040,
     (a) Change to another scheduled training and examina-                [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. 03-
tion; or                                                                  07-035, § 365-210-100, filed 3/13/03, effective 4/13/03.]
     (b) Request a refund.                                                     365-210-110


     (3) An applicant who fails the examination shall not be                    WAC 365-210-110 Manufactured home installation,
entitled to a refund.                                                     on-site work or equipment installation—Homeowner per-
[Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040,         forming work on their own home—Exceptions. (1) The
[43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. 03-   owner of a mobile or manufactured home may install or per-
07-035, § 365-210-063, filed 3/13/03, effective 4/13/03.]                 form on-site work or equipment installation work on his or
                                                                          her own home without obtaining certification from the
                                                                          department as a certified manufactured home installer if the
     365-210-070

    WAC 365-210-070 Failure of examination—Brief
adjudicative proceeding. Persons failing the examination                  home is intended for use as the homeowner's primary resi-
may seek agency review as a brief adjudicative proceeding                 dence.
under RCW 34.05.482 through 34.05.494.                                          (2) The installation, on-site work or equipment installa-
[Statutory Authority: Chapter 43.63B RCW. 95-14-121, § 365-210-070,       tion work must be performed in compliance with chapter
filed 6/30/95, effective 7/1/95.]                                         296-150M WAC, Washington installation code.
                                                                                (3) If the owner of a manufactured home hires any indi-
     365-210-080

     WAC 365-210-080 Notification to employer. Where                      vidual or business to assist the owner in the installation, on-
applicable, the department shall send notice to the certificate           site work or equipment installation work, a certified installer
holder's employer regarding revocation of an installer certifi-           is required to be on-site supervising such work and must meet
cation.                                                                   all the requirements of this chapter.
(2009 Ed.)                                                                                                               [Title 365 WAC—p. 79]
365-210-120                                    Title 365 WAC: Community Development

     (4) For the purposes of this chapter, an "owner" of a                tag is responsible for complying with the security, use, and
manufactured home does not include a manufactured home                    reporting requirements of this chapter.
dealer, distributor, park owner or manager, or developer who                   (b) Manufactured home retailers may purchase installer
installs or performs on-site work or equipment installation               certification tags in bulk and issue them to certified manufac-
work on a manufactured home intended for resale or rental.                tured home installers employed by the manufactured home
[Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040,         retailer.
[43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. 03-        (2) In order to purchase installer certification tags, the
07-035, § 365-210-110, filed 3/13/03, effective 4/13/03.]
                                                                          certified manufactured home installer or manufactured home
     365-210-120
                                                                          retailer shall submit an application to the department or local
     WAC 365-210-120 Manufactured home installation                       enforcement agency on a form approved by the department.
permit and inspections—Obligation of certified installer.                 The application shall be accompanied by the appropriate
If a certified installer obtains the manufactured home instal-            installer certification tag fee as set forth in WAC 365-210-
lation or placement permit from the local enforcement                     063.
agency, the certified installer shall ensure that all required                 (3) The department or manufactured home retailer may
installation inspections, relative to the work performed by the           issue a maximum of thirty certification tags to a certified
certified installer, are completed.                                       manufactured home installer. A certified manufactured home
[Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040,         installer may not have more than thirty installer certification
[43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. 03-   tags issued at any one time for which the reporting require-
07-035, § 365-210-120, filed 3/13/03, effective 4/13/03.]                 ments of this section have not been met.
     365-210-130
                                                                               (4) Installer certification tags shall not be transferred or
     WAC 365-210-130 Manufactured home installer—                         assigned without the written approval of the department.
Responsibilities to the consumer. A certified manufactured                Fees paid for installer certification tags are not refundable.
home installer shall:                                                          (a) If a certified manufactured home installer's certifica-
     (1) Ensure all phases of the installation work performed             tion is suspended, revoked, or expires, all unused installer
by the installer or crew being supervised are complete and in             certification tags assigned to the certified manufactured home
compliance with chapter 296-150M WAC, Washington                          installer shall be returned to the department.
installation code;                                                             (b) If a certified manufactured home installer or manu-
     (2) Notify the local enforcement agency upon comple-                 factured home retailer ceases to do business, all unused
tion of the installation work; and                                        installer certification tags shall be returned to the department.
     (3) Correct all nonconforming aspects of the installation                 (c) If a manufactured home retailer changes ownership,
identified by the local enforcement agency or by an autho-                unused installer certification tags may be transferred to the
rized representative of the department within thirty days of              new ownership if the department approves the transfer fol-
issuance of notice of the same.                                           lowing receipt of a written request for transfer from the man-
[Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040,         ufactured home retailer.
[43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. 03-
07-035, § 365-210-130, filed 3/13/03, effective 4/13/03.]
                                                                               (5) Issuance of installer certification tags may be denied
                                                                          if:
     365-210-140                                                               (a) The certified manufactured home installer's certifica-
     WAC 365-210-140 Manufactured home installa-                          tion has been revoked or suspended pursuant to chapter
tion—Installer certification tags required. (Effective July               43.63B RCW;
1, 2003.) Prior to installing, performing on-site work or
equipment installation work on a manufactured home, certi-                     (b) The certified manufactured home installer has failed
fied manufactured home installers or the retailers by whom                to comply with the reporting requirements of this chapter;
they are employed shall obtain an "installer certification tag"                (c) The department has evidence that the certified manu-
from the department or from the local enforcement agency                  factured home installer has misused the installer certification
who participates in tag sales. The installer certification tag            tag by not complying with the requirements of this chapter; or
shall be in the form approved by the department. No manu-                      (d) The certified manufactured home installer possesses
factured home may be installed by a certified installer with-             installer certification tags in excess of the quantity authorized
out an installer certification tag affixed thereto. Only cur-             by subsection (3) of this section for which the reporting
rently certified manufactured home installers shall be issued             requirements of this chapter have not been met.
installer certification tags.                                             [Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040,
     Homeowners performing the installation, on-site work                 [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. 03-
or equipment installation work on their own manufactured                  07-035, § 365-210-140, filed 3/13/03, effective 4/13/03.]
home are not required to acquire and affix an installer certifi-               365-210-150


cation tag.                                                                    WAC 365-210-150 Installer certification tag—Issu-
     (1) Installer certification tags may only be purchased by            ance by local enforcement agency. A local enforcement
a certified manufactured home installer or by a manufactured              agency may issue installer certification tags to certified man-
home retailer licensed by Washington state department of                  ufactured home installer if:
licensing.                                                                     (1) The local enforcement agency has entered into an
     (a) The certified manufactured home installer or manu-               agreement with the department to issue installer certification
factured home retailer purchasing the installer certification             tags on a "per installation" basis; and
[Title 365 WAC—p. 80]                                                                                                                  (2009 Ed.)
                                                       Manufactured Housing Installer                                              365-210-180
                                                                                 365-210-180


     (2) The local enforcement agency has verified that the                       WAC 365-210-180 Alternative education provid-
certified installer is qualified to purchase an installer certifi-          ers—Approval process and compliance. Pursuant to RCW
cation tag under the requirements of this chapter; and                      43.63B.035, the department may approve education provid-
     (3) The local enforcement agency shall file with the                   ers to offer the certification training and/or continuing educa-
department a monthly report complying with the require-                     tion required by RCW 43.63B.030, 43.63B.040 and this
ments of WAC 365-210-170.                                                   chapter. In order to be approved, an education provider must
[Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040,           comply with the following requirements:
[43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. 03-           (1) The education provider must submit to the depart-
07-035, § 365-210-150, filed 3/13/03, effective 4/13/03.]                   ment a written proposal including the following:
                                                                                  (a) The education and experience of proposed instruc-
     WAC 365-210-160 Installer certification tag—Place-
     365-210-160


                                                                            tors;
ment—Removal. (Effective July 1, 2003.) (1) The installer                         (b) A detailed description of course content and materi-
certification tag shall be placed on the home upon completion               als; and
of the installation and prior to inspection by the local enforce-                 (c) The proposed course schedule.
ment agency.                                                                      (2) All instructors identified by the education providers
     (2) The installer certification tags must be placed on the             must meet the following requirements:
end of a home section directly above or below the HUD cer-                        (a) Two years' experience in one or more of the follow-
tification tag or temporarily located in plain sight within three           ing areas:
feet of the home's front entry.                                                   (i) Supervising manufactured home installation, service,
     (3) The local enforcement agency may not issue final                   or repair;
approval of a home installation until one or more installer
                                                                                  (ii) Design, engineering, or architectural work related to
certification tags have been affixed to the home indicating all
                                                                            building construction;
installation work was performed by a certified manufactured
home installer.                                                                   (iii) Inspecting manufactured home installation or con-
                                                                            struction for a local, state, or federal agency;
     Exception: Installation work performed by a homeowner on his or her
                own residence does not require an installer certification         (iv) Completion of a two-year educational program in a
                tag.                                                        construction-related field; or
     (4) The installer certification tag shall be removed only                    (v) A combination of any of the above to meet the two-
by the owner of the home following final approval of the                    year requirement; and
installation of the home by the local enforcement agency.                         (b) Complete the department-sponsored training and
[Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040,           pass the certification exam with a score of ninety percent or
[43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. 03-     higher.
07-035, § 365-210-160, filed 3/13/03, effective 4/13/03.]
                                                                                  (3) The curriculum proposed by the education provider
                                                                            must meet or exceed the department-sponsored training cur-
     WAC 365-210-170 Monthly certification tag report.
     365-210-170



                                                                            riculum.
(Effective July 1, 2003.) Certified manufactured home                             (4) The department shall provide the education service
installers and manufactured home retailers who purchase                     provider written notice of approval or rejection as an alterna-
installer certification tags from the department shall submit a             tive education service provider within sixty days of submittal
monthly report to the department on a form approved by the                  of the complete proposal.
department relative to all installer certification tags issued.
                                                                                  (5) All approved alternative education providers shall:
     (1) The report is due no later than the 15th day of each
                                                                                  (a) Make all necessary arrangements (scheduling class
month following the month of installation work being per-
                                                                            dates/times and facilities) and provide all educational materi-
formed on a home. A certification tag report is not required
                                                                            als for the classes presented;
for those months in which no installation work was per-
formed.                                                                           (b) Provide to the department a list of participants within
     (2) A manufactured home retailer who assigns tags to a                 ten days of each class;
certified manufactured home installer is responsible for                          (c) Provide to the participant a certificate of completion.
ensuring completion of the monthly report. The manufac-                     Each certificate shall indicate:
tured home retailer shall file a separate report for each certi-                  (i) The name of participant;
fied manufactured home installer to which the manufactured                        (ii) The date of training;
home retailer assigned installer certification tag(s).                            (iii) A statement indicating the participant has completed
     (3) The installer certification tag report shall contain the           the training as required by chapter 43.63B RCW.
following information for each installation:                                      (6) The alternative education provider shall notify the
     (a) The installer certification tag number;                            department in writing fourteen days prior to the scheduled
     (b) The address of the installation;                                   class date of the date, time and location of each class. Depart-
     (c) The date of the installation;                                      ment representatives shall be permitted to audit any class
     (d) The name and certification number of the certified                 without fee.
manufactured home installer; and                                                  (7) Curriculum changes must be submitted to and
     (e) Any other information required by the department.                  approved by the department prior to implementation.
[Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040,           [Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040,
[43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. 03-     [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. 03-
07-035, § 365-210-170, filed 3/13/03, effective 4/13/03.]                   07-035, § 365-210-180, filed 3/13/03, effective 4/13/03.]
(2009 Ed.)                                                                                                                 [Title 365 WAC—p. 81]
365-210-190                                          Title 365 WAC: Community Development

     365-210-190

     WAC 365-210-190 Legal action—Installer certifica-                           limited to low-income households. For purposes of this chap-
tion required. No person may file a lien against a home-                         ter, "low-income household" means a single person, family,
owner, or bring or maintain in any court of this state a suit or                 or unrelated persons living together whose adjusted income is
action, that seeks compensation for the performance of any                       less than eighty percent of the median family income,
work requiring certification under chapter 43.63B RCW or                         adjusted for household size, for the county where the mobile
for the breach of any contract for installation work which is                    or manufactured home is located at the time of closure.
subject to chapter 43.63B RCW unless:                                                  (2) Persons who meet the low-income criteria are eligi-
     (1) The manufactured home installer was certified under                     ble for assistance if they:
chapter 43.63B RCW at the time the installer entered into                              (a) Owned their home and lived in the park at the time
contract for performance of the work and was certified con-                      the notice of closure or conversion to another use was issued;
tinuously while performing the work for which compensation                       and
is sought; or                                                                          (b) Maintained ownership of the home and either:
     (2) The supervising manufactured home installer was the                           (i) Relocated their home; or
employee of the contractor or retailer seeking compensation                            (ii) Disposed of a home that cannot be relocated; and
and was certified under chapter 43.63B RCW continuously                                (c) Submit a completed application as set out in WAC
during performance of the work for which compensation is                         365-212-040.
sought.                                                                                (3) Relocation assistance shall be paid on a first-come-
[Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040,                first-served basis.
[43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. 03-
07-035, § 365-210-190, filed 3/13/03, effective 4/13/03.]                        [Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. 03-07-036, §
                                                                                 365-212-030, filed 3/13/03, effective 4/13/03.]

            Chapter 365-212 WAC
     Chapter 365-212                                                                  365-212-040


                                                                                      WAC 365-212-040 What constitutes a completed
     MANUFACTURED HOUSING RELOCATION                                             application? An application shall be considered complete
WAC                                                                              when the applicant has submitted to the department an appli-
365-212-010            What definitions apply to this chapter?                   cation on a form approved by the department together with:
365-212-020            How do I contact the office of manufactured housing?           (1) Income verification such as pay stubs, tax statements,
365-212-030            Who is eligible to receive relocation assistance?         documentation from a local, state or federal agency such as
365-212-040            What constitutes a completed application?
365-212-050            If I meet the requirements, how much assistance could I   department of social and health services, employment secu-
                            be eligible for?                                     rity, Social Security, or any other documentation of income
365-212-060            What expenses are allowable for reimbursement?            as determined by the department;
365-212-070            What documentation must I provide as adequate proof a
                            home cannot be relocated?                                 (2) A copy of the notice from the park owner, or other
365-212-080            What documentation must I provide to be reimbursed        adequate proof, that the tenancy is terminated due to closure
                            for a down payment on another home?
365-212-090            What criteria is used to determine park-owner fraud?      of the park or its conversion to another use;
                                                                                      (3) A copy of the rental agreement then in force or other
     365-212-010                                                                 proof that the applicant was a tenant at the time of notice of
     WAC 365-212-010 What definitions apply to this
                                                                                 closure;
chapter? (1) "Department" means the department of com-
munity, trade and economic development.                                               (4) A copy of the contract for relocating the home or
                                                                                 other proof of actual relocation expenses. Documentation
     (2) "Office of manufactured housing" means the same
                                                                                 must include either the date of relocation or actual dates
as the office of mobile home affairs as described in RCW
                                                                                 expenses were incurred;
59.22.050.
                                                                                      (5) A statement of any other assistance received;
[Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. 03-07-036, §
365-212-010, filed 3/13/03, effective 4/13/03.]
                                                                                      (6) For a home that cannot be relocated, applicants must
                                                                                 provide:
     365-212-020                                                                      (a) Adequate proof that the home cannot be relocated
   WAC 365-212-020 How do I contact the office of
                                                                                 pursuant to WAC 365-212-070; and
manufactured housing? (1) You may write the office of
manufactured housing at:                                                              (b) For applicants seeking reimbursement for a down
                                                                                 payment on a new home, documentation of the purchase pur-
     CTED/OCD                                                                    suant to WAC 365-212-080.
     Office of Manufactured Housing                                              [Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. 03-07-036, §
     P.O. Box 48350                                                              365-212-040, filed 3/13/03, effective 4/13/03.]
     Olympia, WA 98504-8350
                                                                                      365-212-050




     (2) You may call the automated services request line at:                        WAC 365-212-050 If I meet the requirements, how
                                                                                 much assistance could I be eligible for? (1) Eligible appli-
     1-800-964-0852 (within WA state)                                            cants may be reimbursed for actual relocation expenses up to:
     1-360-725-2971 (Olympia area or outside WA state)                               (a) Three thousand five hundred dollars for a single-
[Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. 03-07-036, §            wide; or
365-212-020, filed 3/13/03, effective 4/13/03.]                                      (b) Seven thousand dollars for a double-wide home.
                                                                                     (2) These maximum amounts apply to all expenses
                                                                                 incurred to:
     365-212-030

    WAC 365-212-030 Who is eligible to receive reloca-
tion assistance? (1) Eligibility for relocation assistance is                        (a) Relocate the existing home; or
[Title 365 WAC—p. 82]                                                                                                                       (2009 Ed.)
                                        Developmental Disabilities Endowment Trust Fund                                          Chapter 365-220
                                                                             365-212-070


    (b) Demolishing the existing home and, if applicable,                   WAC 365-212-070 What documentation must I pro-
pay a down payment toward another home pursuant to RCW                  vide as adequate proof a home cannot be relocated?
59.21.010(6).                                                           Applicants who dispose of their homes must provide:
[Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. 03-07-036, §
                                                                            (1) The demolition certificate from the county; and
365-212-050, filed 3/13/03, effective 4/13/03.]                             (2) One of the following:
                                                                            (a) A detailed receipt from the disposal site, landfill or
     365-212-060


     WAC 365-212-060 What expenses are allowable for                    other recipient of your demolished home; or
reimbursement? (1) The department is authorized to reim-                    (b) Any other documentation determined by the depart-
burse applicants for actual expenses, up to the maximum                 ment to constitute adequate proof.
amounts, incurred in physically relocating their home. For              [Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. 03-07-036, §
homes that cannot be relocated, actual relocation expenses              365-212-070, filed 3/13/03, effective 4/13/03.]
also include the costs for demolition of the existing home and               365-212-080


the down payment toward the purchase of another home pur-                    WAC 365-212-080 What documentation must I pro-
suant to RCW 59.21.010(6).                                              vide to be reimbursed for a down payment on another
     (2) Examples of reimbursable relocation expenses                   home? Applicants must provide proof of down payment
include, but are not limited to, the following:                         expenses that includes:
     (a) Breakdown of the home and preparation for trans-                    (1) A copy of the purchase and sale agreement; and
port. May include removing steps, decks, skirting, securing                  (2) One of the following forms of documentation:
home for travel, etc.;                                                       (a) Canceled checks to the retailer or private party that
     (b) Installation of the home at a new site. May include            detail the transaction;
blocking, ERBS, plumbing, sewer connections, skirting, tie                   (b) A copy of the department of licensing's title-transfer
downs, utility/electrical connections, vapor barrier, site prep-        form for your home;
aration, etc.;                                                               (c) A copy of the receipt for the purchase; or
     (c) Transportation of the home to a new site or to a dis-               (d) Any other proof of down payment as determined by
posal facility, if not included in breakdown or installation            the department.
costs;                                                                  [Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. 03-07-036, §
     (d) Awnings - relocation of existing awnings or purchase           365-212-080, filed 3/13/03, effective 4/13/03.]
of new awnings if required by park;                                          365-212-090



     (e) Hotel accommodations - if new site is not available or              WAC 365-212-090 What criteria is used to determine
relocation to new site takes more than one day;                         park-owner fraud? In order to demonstrate that a park was
     (f) Insurance - one time only for transporting home, etc.,         closed as the result of park-owner fraud, the applicant must
if not included in transportation fee;                                  provide a judgment or order of a court of law indicating a
                                                                        finding that the park was closed due to park-owner fraud.
     (g) Mileage-personal vehicle to/from new site for set up;
     (h) Nonrefundable fees - application fees, credit/screen-          [Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. 03-07-036, §
                                                                        365-212-090, filed 3/13/03, effective 4/13/03.]
ing fees;
     (i) Permits - local and state;
     (j) Porch/decking - when originally attached to home;                        Chapter 365-220 WAC
                                                                             Chapter 365-220




     (k) Loan interest fees - when loan is for the sole purpose          DEVELOPMENTAL DISABILITIES ENDOWMENT
of relocating;                                                                       TRUST FUND
     (l) Relocating internal items - such as household goods            WAC
or furniture;                                                                                              GENERAL
     (m) Rental moving equipment - car, hauling equipment,
                                                                        365-220-005            What is the purpose and scope of this chapter?
trucks, etc.;                                                           365-220-010            How may a member of the public appear before the gov-
     (n) Septic tanks on private land - installation and hook                                     erning board?
up;                                                                     365-220-015            What definitions apply to this chapter?
     (o) Siding replacement/repair - when damaged due to                                              DISBURSEMENTS
relocation;                                                             365-220-020            Who authorizes disbursements?
     (p) Stairs - if originally connected to home;                      365-220-025            What types of disbursements are allowed?
                                                                        365-220-030            Who may request disbursements on behalf of the bene-
     (q) Temporary storage for home - if new site is not avail-                                   ficiary?
able;                                                                   365-220-035            When may disbursements be requested?
     (r) Telephone - disconnection/reconnection costs only;                                          DISPOSITION PLAN
     (s) Utility conversion/upgrade - when necessary in new             365-220-040            What happens to an account when the beneficiary dies?
park;                                                                   365-220-045            Can the disposition plan be changed?
     (t) Utility/electrical connections from street - when relo-                                           DISPUTES
cating onto private land; and                                           365-220-050            What decisions may be appealed?
     (u) Any other actual expenses determined by the depart-            365-220-055            What is the dispute process?
ment to be reimbursable.                                                                                 ELIGIBILITY
[Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. 03-07-036, §   365-220-060            Who is eligible to be a beneficiary in the trust fund?
365-212-060, filed 3/13/03, effective 4/13/03.]                         365-220-065            How is eligibility determined?

(2009 Ed.)                                                                                                                    [Title 365 WAC—p. 83]
365-220-005                                          Title 365 WAC: Community Development

365-220-070          What happens if a beneficiary moves out of the state of           "Disbursement plan" means a plan, submitted by the
                        Washington?
365-220-075          What happens if a beneficiary is determined to no longer     primary donor at the time of enrollment as part of the joinder
                        meet the Washington state definition of develop-          agreement, that identifies the goods or services most likely to
                        mental disability in RCW 71A.10.020(3)?
                                                                                  be appropriate to the supplemental needs of the beneficiary.
                                    FEES                                          The primary donor may periodically change the disbursement
365-220-080          What fees must be paid to enroll in and participate in the   plan by amending the joinder agreement.
                           trust fund?                                                 "Disposition plan" means a plan, submitted by the pri-
365-220-085          Is it possible to be placed on the list for state matching
                           funds, and delay payment of the enrollment fees?       mary donor at the time of enrollment as part of the joinder
365-220-090          Are fees refundable?                                         agreement, that directs how any remaining private funds will
365-220-095          What happens when fees are past due?
                                                                                  be disbursed from the individual trust account on the death of
                      TRANSFERRING ACCOUNTS                                       the beneficiary.
365-220-100          When and how may individual accounts be transferred?              "Governing board" means the seven-member group
                   MATCHING MONEY AND EARNINGS                                    established according to RCW 43.330.210 to design and
365-220-105          Are there any guarantees related to the availability of      administer the trust fund.
                          matching money or earnings on investments?                   "Individual trust account" means the account that
365-220-110          Who establishes matching policies?                           holds assets for the benefit of an individual beneficiary
365-220-115          How will access to state matching money be deter-
                          mined?                                                  within the trust fund.
365-220-120          How does an individual trust account initially qualify to         "Joinder agreement" means an agreement establishing
                          receive state matching money?
365-220-125          How does an individual trust account maintain qualifi-       the primary donor's consent to the master trust document for
                          cation for state matching money?                        the trust fund. The joinder agreement shall include the dis-
365-220-130          What happens when an individual trust account                bursement plan and the disposition plan for the individual
                          becomes inactive?
365-220-135          Are there time limits for earning the match?                 trust account, and designate the primary representative and
365-220-140          Are extensions allowed?                                      additional persons authorized to request disbursements.
365-220-145          What is the matching rate on contributions?                       "Primary donor" means the person who sets up an
365-220-150          What is the amount of maximum annual contributions
                          eligible for state matching money?                      account for a beneficiary and submits and signs the joinder
365-220-155          What is the amount of maximum lifetime contributions         agreement. Under conditions described in the master trust
                          eligible for state matching money?
365-220-160          Is there a limit on individual savings?                      document, the primary donor may be the beneficiary.
365-220-165          May donors make lump sum contributions?                           "Primary representative" means the person named in
365-220-170          How many individual trust accounts for each benefi-          the joinder agreement with whom the governing board and/or
                          ciary are eligible to receive state matching money?
365-220-175          For beneficiaries with multiple individual trust             the trust manager is authorized to communicate regarding an
                          accounts, how is it determined which individual         individual beneficiary's interests.
                          trust account is eligible for state matching money?
365-220-180          In what proportion are state matching funds spent?
                                                                                       "Program manager" means the person designated by
365-220-185          What is the enrollment match?                                the department to manage the developmental disabilities
365-220-190          What is the annual management fee match?                     endowment fund and act as the department liaison with other
                                                                                  state agencies to facilitate governing board activities.
                               GENERAL                                                 "Resident" means a person who lives in the state of
                                                                                  Washington. For purposes of the trust fund, a beneficiary
     WAC 365-220-005 What is the purpose and scope of
     365-220-005


                                                                                  must be a resident.
this chapter? The purpose of this chapter is to establish the                          "Trust manager" means the person or persons or entity
rules for the developmental disabilities endowment trust fund                     designated by the governing board pursuant to RCW
to implement RCW 43.330.195 through 43.330.240.                                   43.330.200 to authorize disbursements from the trust fund.
[Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-005, filed             The trust manager is authorized to make disbursements in its
3/12/02, effective 4/12/02.]                                                      discretion consistent with and as authorized under this chap-
                                                                                  ter and will consider the disbursement plan filed by the pri-
    WAC 365-220-010 How may a member of the public
     365-220-010


                                                                                  mary donor as part of the joinder agreement when making
appear before the governing board? Members of the public                          decisions regarding disbursements. The trust manager shall
may appear before the governing board at their regularly                          take into account how any individual disbursement will affect
scheduled meetings or submit written comments to the gov-                         the ability of the account to sustain the needed disbursements
erning board for consideration at their regularly scheduled                       over a significant portion of the beneficiary's anticipated
meetings. Requests for meeting schedules and agendas                              remaining life.
should be made to the program manager.                                                 "Vested account" means an account that has initially
[Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-010, filed             qualified for matching funds by meeting requirements over a
3/12/02, effective 4/12/02.]                                                      three-year period.
                                                                                  [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-015, filed
     WAC 365-220-015 What definitions apply to this
     365-220-015

                                                                                  3/12/02, effective 4/12/02.]
chapter? "Beneficiary" means an eligible person for whom
an individual trust account has been established within the                                             DISBURSEMENTS
trust fund.
                                                                                       365-220-020

     "Department" means the department of community,                                  WAC 365-220-020 Who authorizes disbursements?
trade and economic development, office of community                               The trust manager will review all disbursement requests sub-
development.                                                                      mitted by persons authorized in the joinder agreement. Only
[Title 365 WAC—p. 84]                                                                                                                        (2009 Ed.)
                                        Developmental Disabilities Endowment Trust Fund                                       365-220-055

the governing board and/or the trust manager may authorize                                  DISPOSITION PLAN
disbursements. In the event of disbursement denial, the trust
manager will provide a written explanation for such a denial                 365-220-040


                                                                             WAC 365-220-040 What happens to an account
on the request of the primary representative.                           when the beneficiary dies? At the time of enrollment, the
[Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-020, filed   primary donor will designate in the joinder agreement how
3/12/02, effective 4/12/02.]                                            any remaining private funds, and any earnings attributable to
     365-220-025
                                                                        remaining private funds, will be distributed on the death of
      WAC 365-220-025 What types of disbursements are                   the beneficiary. The primary donor will indicate the amount
allowed? Recommended supplemental services and supports                 of funds to be disbursed and to whom they will be disbursed.
include, but are not limited to:                                        In some cases, state and federal law may require certain dis-
      (1) Education, information, and training opportunities.           tributions of remaining funds notwithstanding the disposition
      (2) Living arrangements, including personal assistance            plan. When an individual trust account is closed by reason of
services, skill building, financial management, medical mon-            the death of the beneficiary, the unexpended state matching
itoring, meal preparation, shopping, home maintenance, and              money and any earnings attributable to the unexpended state
house cleaning.                                                         matching money revert to the developmental disabilities
      (3) Unusual or extraordinary disability-related shelter           endowment trust fund.
expenses.                                                               [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-040, filed
      (4) Capital expenses, including environmental modifica-           3/12/02, effective 4/12/02.]
tions and transportation.
      (5) Employment supports and tuition.                                   365-220-045


                                                                             WAC 365-220-045 Can the disposition plan be
      (6) Social productivity and personal fulfillment activi-          changed? Once an individual trust account is funded, the pri-
ties, such as volunteering, club membership, and recreation.            mary donor cannot amend the joinder agreement to change
      (7) Assistive technology, including computers and elec-           the disposition plan. A change to the disposition plan may be
tronic equipment.                                                       made only by court order or other dispute resolution mecha-
      (8) Specialized clothing, or clothing not covered by pub-         nism available under state law, including a nonjudicial reso-
lic benefits.                                                           lution of dispute agreement under chapter 11.96A RCW.
      (9) Respite care.                                                 [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-045, filed
      (10) Disability-related support groups.                           3/12/02, effective 4/12/02.]
      (11) Medical care, counseling, therapies, and other
health related services, including alternative practitioners,                                      DISPUTES
not covered by public benefits.
      (12) Utility and transportation costs, including the pur-
                                                                             365-220-050


                                                                             WAC 365-220-050 What decisions may be appealed?
chase of a vehicle.                                                     Primary donors or primary representatives may appeal gov-
      (13) Vacation, travel, and recreation.                            erning board decisions, or decisions made on the governing
      (14) Birthday and holiday presents for the beneficiary to         board's behalf, regarding enrollment, account closure, dis-
give to others.                                                         bursement decisions, extensions related to matching funds,
      (15) Advocacy and legal services.                                 and access to matching funds. For decisions made by con-
      (16) Individual trust account expenses including enroll-          tracting agencies or individuals, the dispute must first be
ment, bookkeeping, tax return preparation and filing, tax pay-          addressed through the agency's or individual's dispute pro-
ments, annual management expenses, and other trust related              cess. If the dispute is not resolved at that level, the appellant
fees.                                                                   will have the option of appealing to the governing board or its
      (17) Items the trust manager deems appropriate and rea-           representative.
sonable within the guidelines of the governing board.                   [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-050, filed
[Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-025, filed   3/12/02, effective 4/12/02.]
3/12/02, effective 4/12/02.]
                                                                             365-220-055


                                                                              WAC 365-220-055 What is the dispute process? (1)
                                                                        To appeal a board decision, a primary donor or primary rep-
     365-220-030

     WAC 365-220-030 Who may request disbursements
on behalf of the beneficiary? The primary representative                resentative must send a letter addressed to the program man-
and any additional persons designated by the primary donor              ager at the department. The letter of appeal must be signed
in the joinder agreement may make disbursement requests on              by the appealing party and be received by the program man-
behalf of the beneficiary. The primary donor may amend this             ager within thirty calendar days of the date of the decision.
part of the joinder agreement.                                          The letter must include:
[Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-030, filed         (a) The name and mailing address of the appealing party;
3/12/02, effective 4/12/02.]                                                  (b) A description of the decision being appealed; and
                                                                              (c) A statement explaining why the appealing party
                                                                        believes the decision was incorrect, outlining the facts sur-
     365-220-035


     WAC 365-220-035 When may disbursements be
requested? Disbursements may be requested at any time                   rounding the decision and including supporting documenta-
after the enrollment process is completed.                              tion.
[Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-035, filed         (2) On receiving the letter of appeal, the program man-
3/12/02, effective 4/12/02.]                                            ager will send written notice to the appealing party within
(2009 Ed.)                                                                                                           [Title 365 WAC—p. 85]
365-220-060                                   Title 365 WAC: Community Development

fourteen days, confirming the appeal has been received and              [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-065, filed
indicating when a decision can be expected.                             3/12/02, effective 4/12/02.]

     (3) The governing board or its designee will conduct                    365-220-070



appeals according to RCW 34.05.485. The governing board                    WAC 365-220-070 What happens if a beneficiary
or its designee will review and decide the appeal based on the          moves out of the state of Washington? If the beneficiary
submitted documents unless the governing board or its desig-            moves out of the state of Washington, the governing board
nee and the appealing party agree to hold a hearing in person           may elect, in its discretion, one of three options:
or by telephone.                                                           A The balance of the beneficiary's individual trust
     (4) The program manager will send the appealing party                      account will be placed in another existing special
written notification of the governing board or its designee's                   needs trust established for the beneficiary. Any costs
initial decision within ninety days of receiving the letter of                  relating to the transfer will be charged to the benefi-
appeal. The notice will include the reasons for the initial deci-               ciary's individual trust account.
sion, and instructions on further appeal rights.                           -OR-
     (5) The initial decision of the governing board or its des-             B             The individual trust account will remain open, and
ignee becomes the final decision unless the program manager                                the account will be assessed fees at a level that will
receives a request for a review hearing from the appealing                                 support all costs of maintaining the account. The
party within thirty days of the date of the decision. The                                  beneficiary will no longer be eligible for the state
appealing party may, by written notice, request review of the                              match as of the date the beneficiary ceases to be a
initial decision. The person requesting review must reference                              resident of Washington.
the initial decision and provide any additional written infor-               -OR-
mation that the appealing party would like considered in the                 C             The beneficiary's individual trust account will be
review. A review officer designated by the governing board                                 terminated and distributed as if the beneficiary had
will review the decision through a hearing conducted under                                 died.
RCW 34.05.488 through 34.05.494.
     (6) The officer will review and decide the appeal based                 The primary representative is required to notify the trust
on submitted documents unless the governing board or its                manager if the beneficiary moves out of the state of Washing-
designee and the appealing party agree to hold a hearing in             ton.
person or by telephone.                                                 [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-070, filed
     (7) The review officer will make any inquiries necessary           3/12/02, effective 4/12/02.]
to determine whether the proceeding must become a formal                     365-220-075


adjudicative proceeding under the provisions of chapter                      WAC 365-220-075 What happens if a beneficiary is
34.05 RCW.                                                              determined to no longer meet the Washington state defi-
     (8) If the appealing party disagrees with a review deci-           nition of developmental disability in RCW 71A.10.020
sion under subsection (6) of this section, the appealing party          (3)? If the beneficiary is determined to no longer meet the
may request judicial review of the decision, as provided for in         definition of a person with a developmental disability in
RCW 34.05.542. Request for judicial review must be filed                RCW 71A.10.020(3), the governing board may elect, at its
with the court within thirty days of service of the final agency        discretion, one of three options:
decision.                                                                    A The balance of the beneficiary's individual trust
[Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-055, filed             account will be placed in another existing special
3/12/02, effective 4/12/02.]                                                      needs trust established for the beneficiary. Any costs
                                                                                  relating to the transfer will be charged to the benefi-
                         ELIGIBILITY                                              ciary's individual trust account.
                                                                             -OR-
     365-220-060


     WAC 365-220-060 Who is eligible to be a beneficiary                     B The beneficiary's individual trust account will
in the trust fund? Individuals are eligible to be beneficiaries                   remain open, and the account will be assessed fees
if they meet two conditions at the time of enrollment:                            at a level that will support all costs of maintaining
     (1) Beneficiaries must reside in Washington state; and                       the account. The beneficiary will no longer be eligi-
                                                                                  ble for the state match as of the date the beneficiary
     (2) Must meet the definition of developmental disability                     is determined to no longer meet the definition of a
in RCW 71A.10.020(3).                                                             person with a developmental disability in RCW
[Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-060, filed             71A.10.020(3).
3/12/02, effective 4/12/02.]                                                 -OR-
     365-220-065
                                                                             C The trust manager will make or direct distributions
     WAC 365-220-065 How is eligibility determined? At                            to or for the benefit of the beneficiary.
the time of enrollment, a prospective beneficiary must meet
the definition of developmental disability in RCW 71A.10.-                   The primary representative is required to notify the trust
020(3), as determined by a representative of the division of            manager if the beneficiary is found to no longer meet the def-
developmental disabilities of the department of social and              inition of a person with a developmental disability in RCW
health services. The primary donor must make arrangements               71A.10.020(3).
for notification of this determination to be sent to the trust          [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-075, filed
fund office.                                                            3/12/02, effective 4/12/02.]
[Title 365 WAC—p. 86]                                                                                                                   (2009 Ed.)
                                        Developmental Disabilities Endowment Trust Fund                                       365-220-110

                                                                             WAC 365-220-085 Is it possible to be placed on the
                                                                             365-220-085


                              FEES
                                                                        list for state matching funds, and delay payment of the
     365-220-080                                                        enrollment fees? Yes. At the time the program initially
     WAC 365-220-080 What fees must be paid to enroll                   opens, there will be one hundred spaces reserved for delayed
in and participate in the trust fund? The following fees                enrollment. For the first one hundred people who request
may be charged by entities or individuals associated with the           delayed enrollment and meet all eligibility requirements,
developmental disabilities endowment trust fund as a condi-             state matching money will be reserved for one year. Reserved
tion of participation:                                                  spaces for delayed enrollment fees will be awarded on a first
     (1) State investment board fees. All investment and oper-          come, first served basis. The governing board may use its dis-
ating costs associated with the investment of money shall be            cretion to set aside additional spaces for delayed enrollment.
paid to the state investment board from the trust fund, as              [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-085, filed
required by RCW 43.33A.160 and 43.84.160.                               3/12/02, effective 4/12/02.]
     (2) State treasurer fees. Fees charged for the services of              365-220-090



the state treasurer will not exceed .00274% per day while                    WAC 365-220-090 Are fees refundable? No. Fees are
funds remain in the custody of the state treasurer, as specified        not refundable.
in RCW 43.08.190. State treasurer fees will be deducted from            [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-090, filed
the trust fund.                                                         3/12/02, effective 4/12/02.]

     (3) Annual management fees. An annual management                        365-220-095

                                                                            WAC 365-220-095 What happens when fees are past
fee will be charged to each individual trust account for ser-
                                                                        due? Accounts with fees that are not paid for a period of
vices including bookkeeping, banking services, governing
                                                                        ninety days will be closed. The primary representative of an
board and department activities, legal services, and other
                                                                        account will be sent notification that the account will be
expenses deemed necessary by the governing board. The
                                                                        closed prior to its closure. The trust manager will make a
governing board shall authorize all changes in the annual
                                                                        determination regarding the disposition of any remaining
management fees. The governing board may establish a min-               money in the individual trust account.
imum and a maximum annual management fee. Primary rep-
                                                                        [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-095, filed
resentatives of existing accounts will be notified sixty days in        3/12/02, effective 4/12/02.]
advance of the effective date of any changes in the minimum
or maximum annual management fees.                                                           TRANSFERRING ACCOUNTS
     (4) Enrollment fees. Each individual trust account will
be charged a six hundred dollar enrollment fee. The govern-                 WAC 365-220-100 When and how may individual
                                                                             365-220-100




ing board may increase the enrollment fee on an annual basis,           accounts be transferred? A primary representative may
within the limits set forth in RCW 43.135.055. The governing            request governing board approval for a transfer of an account
board shall authorize all changes in enrollment fees.                   to another special needs trust. This must be done through
     (5) Trust manager fees. Fees for trust manager services            written correspondence to the governing board stating the
will be charged by the entity under contract for trust manage-          reasons for the request. The governing board shall review all
ment according to the terms of the contract between the trust           requests for transfers. Only the governing board or its desig-
manager and the developmental disabilities endowment trust              nee may approve transfers.
fund. Current fee levels will be disclosed prior to enrollment.         [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-100, filed
The governing board shall authorize all changes in the trust            3/12/02, effective 4/12/02.]
manager fees. Primary representatives of existing accounts
will be notified sixty days in advance of the effective date of                            MATCHING MONEY AND EARNINGS
any changes in trust manager fees.                                           365-220-105

                                                                             WAC 365-220-105 Are there any guarantees related
     (6) Tax return preparation and filing fees. As necessary,
                                                                        to the availability of matching money or earnings on
the fees associated with preparing and filing tax returns for
                                                                        investments? No. There is no guarantee that any individual
individual trust accounts will be deducted from those
                                                                        trust account will receive matching money from the state of
accounts. Current fee levels will be disclosed prior to enroll-
                                                                        Washington or from any other source. The availability and
ment. The governing board shall authorize all changes in tax
                                                                        extent of the state match is dependent on the availability of
return preparation and filing fees. Primary representatives of
                                                                        matching money in the trust fund. The governing board has
existing accounts will be notified sixty days in advance of the
                                                                        the exclusive discretion to determine availability.
effective date of any changes in tax return preparation and fil-
                                                                             The state of Washington, the state investment board, and
ing fees.
                                                                        the governing board make no guarantee related to the return
     (7) Fees for locating remainder beneficiaries named in             on investments of money placed in the individual trust
the disposition plan. The trust fund reserves the right to              accounts or in the trust fund.
charge fees to cover the costs associated with locating any             [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-105, filed
remainder beneficiary under the disposition plan. Fees for              3/12/02, effective 4/12/02.]
locating a remainder beneficiary of an individual trust
account will be levied only against such accounts.                           365-220-110

                                                                            WAC 365-220-110 Who establishes matching poli-
[Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-080, filed   cies? All matching policies applicable to state matching
3/12/02, effective 4/12/02.]                                            money are established by the governing board.
(2009 Ed.)                                                                                                           [Title 365 WAC—p. 87]
365-220-115                                   Title 365 WAC: Community Development

[Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-110, filed   [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-120, filed
3/12/02, effective 4/12/02.]                                            3/12/02, effective 4/12/02.]

                                                                             WAC 365-220-125 How does an individual trust
                                                                             365-220-125
     365-220-115


     WAC 365-220-115 How will access to state matching
money be determined? The state matching money is lim-                   account maintain qualification for state matching
ited. Individual trust accounts will be assigned access to state        money? After vesting, an individual trust account must main-
matching money on a first come, first served basis. Matching            tain active participation in order to remain qualified for state
policies apply only to those individual trust accounts that             matching money. Active participation is defined as the equiv-
have been assigned access to matching funds.                            alent of twenty-five dollars of contributions into the individ-
                                                                        ual trust account each month. This may be accomplished
[Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-115, filed   through regular, periodic, or one time only contributions.
3/12/02, effective 4/12/02.]                                            However, contributions will not be credited for past months
     365-220-120
                                                                        during which active participation was not maintained. If the
     WAC 365-220-120 How does an individual trust                       minimum contribution is withdrawn during the year it is con-
account initially qualify to receive state matching money?              tributed, the contribution will not count for purposes of qual-
Individual trust accounts become vested, or initially qualified         ification.
to receive state matching money, by meeting requirements                [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-125, filed
over a three-year period. Accounts vest by accumulating a               3/12/02, effective 4/12/02.]
minimum of twenty-five dollars per month of private contri-
                                                                             WAC 365-220-130 What happens when an individ-
                                                                             365-220-130


butions for three consecutive years. This may be accom-
plished through regular, periodic, or one time only contribu-           ual trust account becomes inactive? When an individual
tions. However, contributions will not be credited for past             trust account becomes inactive, it is no longer qualified to
months for the purposes of vesting. If the minimum contribu-            receive state matching money and will be removed from the
tions are withdrawn during the three-year vesting period, the           list of individual trust accounts assigned access to state
account will not vest. Below are three examples of individual           matching money. The primary representative of an individual
trust accounts that would vest after three years. In these              trust account will be notified prior to that account's loss of
examples, at least twenty-five dollars a month is contributed           assigned access to state matching money.
into the accounts. Contributions in excess of twenty-five dol-          [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-130, filed
lars may be applied to future months for the purpose of vest-           3/12/02, effective 4/12/02.]
ing, but may not be applied to past months.
                                                                             WAC 365-220-135 Are there time limits for earning
                                                                             365-220-135




 MONTH             ACCOUNT 1      ACCOUNT 2          ACCOUNT 3          the match? As long as an individual trust account qualifies
 1                 $25.00         $300.00            $900.00
 2                 $25.00                                               for state matching money, the individual trust account can
 3                 $25.00                                               continue to receive the match for as long as it takes to receive
 4                 $25.00                                               the lifetime maximum.
 5                 $25.00
 6                 $25.00                                               [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-135, filed
 7                 $25.00                                               3/12/02, effective 4/12/02.]
 8                 $25.00
 9                 $25.00                                                    WAC 365-220-140 Are extensions allowed? One
                                                                             365-220-140




 10                $25.00
 11                $25.00
                                                                        twelve-month extension may be granted to each individual
 12                $25.00                                               trust account to extend the time to become vested or to main-
 13                $25.00         $300.00                               tain active participation to receive the match. To obtain the
 14                $25.00                                               extension, a written request must be approved by the govern-
 15                $25.00
 16                $25.00
                                                                        ing board.
 17                $25.00                                               [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-140, filed
 18                $25.00                                               3/12/02, effective 4/12/02.]
 19                $25.00
 20                $25.00
                                                                             WAC 365-220-145 What is the matching rate on con-
                                                                             365-220-145



 21                $25.00
 22                $25.00                                               tributions? The state matching rate on private contributions
 23                $25.00                                               is twenty-five percent, applied to the annual and lifetime
 24                $25.00                                               maximums. The matching rate and maximums may be
 25                $25.00         $300.00
 26                $25.00                                               changed at the discretion of the governing board. State
 27                $25.00                                               matching money is not available for private contributions
 28                $25.00                                               withdrawn in the same year that they are contributed.
 29                $25.00
 30                $25.00                                               [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-145, filed
 31                $25.00                                               3/12/02, effective 4/12/02.]
 32                $25.00
 33                $25.00                                                    WAC 365-220-150 What is the amount of maximum
                                                                             365-220-150




 34                $25.00
 35                $25.00
                                                                        annual contributions eligible for state matching money?
 36                $25.00                                               The amount of maximum annual private contributions eligi-
 Total             $900.00        $900.00            $900.00            ble for state matching money is three thousand one hundred
[Title 365 WAC—p. 88]                                                                                                              (2009 Ed.)
                                        Developmental Disabilities Endowment Trust Fund                                       365-220-190

dollars. The maximum annual state match available for each              access to state matching money will be eligible to receive
beneficiary is seven hundred fifty dollars. The amount of the           matching funds, subject to the first come, first served policy.
state match is based on the amount of private contributions,                  If a beneficiary has multiple individual trust accounts,
and does not take into account any return on the investment
                                                                        and if an individual trust account for which they have vested
of the private contributions. This maximum may be changed
                                                                        is closed, vesting and access to the match are automatically
at the discretion of the governing board.
                                                                        transferred to another individual trust account for that benefi-
[Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-150, filed
3/12/02, effective 4/12/02.]                                            ciary, with the transfer made to the longest existing account
                                                                        first.
     365-220-155


     WAC 365-220-155 What is the amount of maximum                      [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-175, filed
lifetime contributions eligible for state matching money?               3/12/02, effective 4/12/02.]
The amount of maximum allowable lifetime private contribu-
tions eligible for state matching money is thirty-one thousand               365-220-180




dollars. The maximum lifetime state match available for each                 WAC 365-220-180 In what proportion are state
beneficiary is seven thousand seven hundred fifty dollars.              matching funds spent? State matching money will only be
The amount of the state match is based on the amount of pri-            disbursed from an individual trust account after that individ-
vate contributions, and will not take into account any return           ual trust account has vested. For every disbursement made
on the investment of the private contributions. This maxi-              from an individual trust account that has vested, the amount
mum may be changed at the discretion of the governing                   of state matching money disbursed will be equal to the per-
board.                                                                  centage of state matching money (plus the earnings on the
[Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-155, filed   state matching money) for which the individual trust account
3/12/02, effective 4/12/02.]                                            has qualified, multiplied by the amount of the disbursement.
     365-220-160                                                        [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-180, filed
    WAC 365-220-160 Is there a limit on individual sav-                 3/12/02, effective 4/12/02.]
ings? There is no limit on savings in an individual trust
account; there is only a limit on the amount of state matching               365-220-185



money for which an individual trust account will qualify.                     WAC 365-220-185 What is the enrollment match?
[Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-160, filed   After two hundred dollars of the enrollment fee is paid, the
3/12/02, effective 4/12/02.]                                            enrollment fee will be matched at the rate of one dollar to one
     365-220-165
                                                                        dollar. The maximum enrollment match is four hundred dol-
     WAC 365-220-165 May donors make lump sum con-                      lars per beneficiary. The governing board may increase the
tributions? Private contributions may be deposited regu-                maximum enrollment match at its discretion. The enrollment
larly, or in one or more lump sums.                                     match may be earned prior to vesting but may not be spent
[Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-165, filed   prior to vesting. Matching funds allocated for this purpose
3/12/02, effective 4/12/02.]
                                                                        will not count against the beneficiary's maximum annual or
     365-220-170                                                        lifetime match. The enrollment match will be credited to the
     WAC 365-220-170 How many individual trust
                                                                        individual trust account and begin to accumulate earnings
accounts for each beneficiary are eligible to receive state
matching money? Each beneficiary may have only one indi-                when the enrollment process is completed for that individual
vidual trust account that is qualified to receive state matching        trust account.
money at any given time. Additional individual trust                    [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-185, filed
accounts may be established, but will not be eligible to                3/12/02, effective 4/12/02.]
receive state matching money unless the first account is
closed. If the individual trust account qualified to receive                 365-220-190




state matching money is closed, another individual trust                     WAC 365-220-190 What is the annual management
account may be qualified to receive state matching money, as            fee match? The annual management fee match will be
allowed in WAC 365-220-175.                                             applied to individual trust accounts that are levied annual
[Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-170, filed   management fees in excess of two percent of the account bal-
3/12/02, effective 4/12/02.]                                            ance. This match will be applied at a rate of one dollar for
                                                                        each dollar the annual management fee exceeds two percent
     365-220-175


     WAC 365-220-175 For beneficiaries with multiple                    of the account balance. This match only applies when two
individual trust accounts, how is it determined which                   percent of the account balance is greater than the minimum
individual trust account is eligible for state matching                 annual management fee.
money? For beneficiaries with multiple individual trust
                                                                             The annual management fee match may be earned prior
accounts, the first individual trust account assigned access to
                                                                        to vesting but may not be spent prior to vesting. Matching
the state match will be eligible to receive the state match, pro-
vided it is qualified.                                                  funds allocated for this purpose will not count against the
     If a beneficiary has only one individual trust account,            beneficiary's maximum annual or lifetime match.
and that account is closed after it has vested, the next individ-       [Statutory Authority: RCW 43.330.240. 02-07-026, § 365-220-190, filed
ual trust account opened for that beneficiary and assigned              3/12/02, effective 4/12/02.]
(2009 Ed.)                                                                                                           [Title 365 WAC—p. 89]
Chapter 365-230                                          Title 365 WAC: Community Development

            Chapter 365-230 WAC
    Chapter 365-230


                                                                                            (b) These regulations prescribe the accreditation require-
   ACCREDITATION OF LEAD-BASED PAINT                                                  ments for training providers offering lead-based paint activi-
TRAINING PROGRAMS AND THE CERTIFICATION                                               ties training courses to qualify individuals for lead-based
  OF FIRMS AND INDIVIDUALS CONDUCTING                                                 paint certification and will require that all lead-based paint
       LEAD-BASED PAINT ACTIVITIES                                                    training courses be offered or provided only by accredited
WAC                                                                                   training providers.
365-230-010               Authority, purpose and scope.                                     (c) These regulations prescribe the certification require-
365-230-015               Adoption by reference.                                      ments of individuals and firms engaged in lead-based paint
365-230-016               Contact information for accreditation and certification
                              matters.                                                activities in target housing and child occupied facilities.
365-230-020               Definitions.                                                      (d) These regulations establish work practice standards
365-230-030               Accreditation required.
365-230-035               Application process.                                        for the performance of lead-based paint inspection, risk
365-230-040               Requirements for the accreditation of training programs.    assessment, and abatement activities for individuals and
365-230-050               Minimum training curriculum requirements.                   firms and will require that only certified individuals and the
365-230-060               Requirements for the accreditation of refresher training
                              courses.                                                certified firms employing such individuals perform these
365-230-070               Reaccreditation of training programs.                       lead-based paint activities.
365-230-080               Approval/disapproval of application for accreditation or          (3) Scope.
                              renewal of accreditation.
365-230-090               Training program recordkeeping requirements.                      (a) These rules apply to all individuals and firms that are
365-230-100               Notification of lead-based paint training activity.         engaged in lead-based paint activities as defined in these reg-
365-230-120               Accreditation fees.                                         ulations, (WAC 365-230-200) except persons who perform
  CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN                                   these activities within residential dwellings that they own,
LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-
                 OCCUPIED FACILITIES                                                  unless the residential dwelling is occupied by a person or per-
                                                                                      sons other than the owner or the owner's immediate family
365-230-130               Certification of individuals.
365-230-132               Inspector, risk assessor, or supervisor.                    while these activities are being performed, or a child residing
365-230-134               Abatement worker and project designers.                     in the building has been identified as having an elevated
365-230-150               Application requirements for an individual.                 blood lead level.
365-230-160               Recertification.
365-230-170               Certification of firms.                                           (b) These rules establish the requirement that lead-based
365-230-180               Application requirements for a firm.                        paint activities be performed only by certified individuals and
365-230-190               Approval or disapproval of certification.                   the certified firms employing such individuals.
365-230-200               Work practice standards.
365-230-210               Determinations of lead-based paint and lead-based paint           (c) These rules prescribe the requirements for, and the
                              hazards.                                                manner of, certifying competency of applicants for certifica-
365-230-220               Notice of abatement.
365-230-230               Inspections.
                                                                                      tion of lead-based paint inspector, risk assessor, supervisor,
365-230-240               Suspension, revocation and modification of accredited       project designer, and worker, and of legally registered firms
                              training course or lead-based paint certification.      employing such individuals.
365-230-250               Schedule of penalties.
365-230-260               Certification fees.                                               (d) These rules prescribe work practice standards for the
365-230-270               Other state regulations concerning lead.                    abatement of lead-based paint hazards and for the perfor-
                                                                                      mance of lead-based paint inspection and risk assessment,
                      DISPOSITION OF SECTIONS FORMERLY                                and those actions or circumstances that constitute failure to
                           CODIFIED IN THIS CHAPTER
                                                                                      achieve or maintain competency, or that otherwise are con-
365-230-110               Reciprocity. [Statutory Authority: RCW 70.103.-             trary to the public interest, for which the department may
                          0030(2) [70.103.030(2)], 70.103.020, 70.103.030,            deny, suspend, revoke, or modify certification.
                          70.103.040, 70.103.050, 70.103.060, 70.103.070,
                          70.103.080, 70.103.090. 04-10-037, § 365-230-110,                 (e) These rules establish application fees for certification
                          filed 4/29/04, effective 5/30/04.] Repealed by 07-07-       and accreditation.
                          044, filed 3/13/07, effective 4/13/07. Statutory Author-
                          ity: Chapter 70.103 RCW.                                          (f) These rules establish a procedure by which training
365-230-140               Accreditation and certification based on prior licensing.   providers may apply for and obtain accreditation to offer ini-
                          [Statutory Authority: RCW 70.103.0030(2)                    tial and refresher lead-based paint activity courses in any of
                          [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040,
                          70.103.050, 70.103.060, 70.103.070, 70.103.080,             the following disciplines: Inspector, risk assessor, supervi-
                          70.103.090. 04-10-037, § 365-230-140, filed 4/29/04,        sor, project designer, and abatement worker.
                          effective 5/30/04.] Repealed by 07-07-044, filed
                          3/13/07, effective 4/13/07. Statutory Authority: Chapter          (g) These rules prescribe the requirements for training
                          70.103 RCW.                                                 programs to provide, offer, or claim to provide accredited
                                                                                      lead-based paint activities courses.
    365-230-010

     WAC 365-230-010 Authority, purpose and scope. (1)                                      (h) These rules prescribe those actions or circumstances
The authority for these regulations is chapter 70.103 RCW.                            that constitute failure to achieve or maintain competency, or
     (2) Purpose.                                                                     that otherwise are contrary to the public interest, for which
     (a) These regulations address Washington's need for a                            the department may deny, suspend, revoke or modify accred-
qualified and properly trained work force to perform inspec-                          itation.
tion, risk assessment and abatement of hazards associated                                   (i) These rules describe the actions or failures to act that
with lead-based paint, as defined in these rules, to safeguard                        constitute violations of these rules and for which the depart-
the environment and protect human health, especially for                              ment may issue fines.
children under six years of age and other high-risk groups                                  (j) These rules establish a schedule of penalties for fail-
from lead-based paint hazards.                                                        ure to comply with these rules.
[Title 365 WAC—p. 90]                                                                                                                         (2009 Ed.)
                                                                 Lead-based Paint                                             365-230-020

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-010,               (iv) Projects resulting in the permanent elimination of
filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)   lead-based paint hazards, that are conducted in response to
[70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050,
70.103.060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-       state or local abatement orders.
010, filed 4/29/04, effective 5/30/04.]                                           (c) Abatement does not include renovation, remodeling,
                                                                            landscaping or other activities, when such activities are not
     365-230-015

     WAC 365-230-015 Adoption by reference. All stan-                       designed to permanently eliminate lead-based paint hazards,
dards, listings and publications referred to in these rules are             but, instead, are designed to repair, restore, or remodel a
by those references made a part of these rules as though fully              given structure or dwelling, even though these activities may
set forth.                                                                  incidentally result in a reduction or elimination of lead-based
[Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020,
                                                                            paint hazards. Furthermore, abatement does not include
70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080,     interim controls, operations and maintenance activities, or
70.103.090. 04-10-037, § 365-230-015, filed 4/29/04, effective 5/30/04.]    other measures and activities designed to temporarily, but not
                                                                            permanently, reduce lead-based paint hazards.
     365-230-016

     WAC 365-230-016 Contact information for accredi-                             (2) "Accreditation" means the process whereby the
tation and certification matters. Application materials and                 department has reviewed and approved a training provider's
information concerning lead-based paint accreditation and                   written application with associated materials for accredita-
certification as described in these rules can be obtained from              tion, and has conducted an on-site audit finding the training
the lead-based paint program via the following contact infor-               program is in compliance as specified in these rules.
mation:                                                                           (3) "Accredited training program" means a training pro-
     (1) Mailing address: Lead-Based Paint Program, P.O.                    gram accredited by the department, either directly or through
Box 42525, Olympia, WA 98504-2525                                           a reciprocity agreement with other jurisdictions, to provide
     (2) Telephone number: 360-586-LEAD (5323)                              training for individuals engaged in lead-based paint activi-
     (3) Fax number: 360-586-5880                                           ties.
     (4) Web site: www.cted.wa.gov/lead                                           (4) "Accredited training course" means either an initial
                                                                            or a refresher training course accredited by the department,
[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-016,
filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)   either directly or through a reciprocity agreement with other
[70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050,            jurisdictions, that provides training for individuals engaged
70.103.060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-       in lead-based paint activities.
016, filed 4/29/04, effective 5/30/04.]                                           (5) "Accredited training provider" means an individual,
     365-230-020
                                                                            corporation, partnership or other unincorporated association
     WAC 365-230-020 Definitions. As used in these rules                    or public entity to which the department has approved
unless otherwise required by context:                                       accreditation to offer one or more lead-based paint courses.
     (1) "Abatement" means any measure or set of measures                         (6) "Approved" means approved in writing by the
designed to permanently eliminate lead-based paint hazards                  department.
including, but not limited to:                                                    (7) "Arithmetic mean" means the algebraic sum of data
     (a) The removal of paint and dust, the permanent enclo-                values divided by the number of data values (e.g., the sum of
sure or encapsulation of lead-based paint, the replacement of               the concentration of lead in several soil samples divided by
painted surfaces or fixtures, or the removal or covering of                 the number of samples).
soil, when lead-based paint hazards are present in such paint,                    (8) "Business day" means Monday through Friday with
dust or soil; and                                                           the exception of legal Washington state holidays.
     (b) All preparation, cleanup, disposal, and postabate-                       (9) "Certified" means issued a certificate by the depart-
ment clearance testing activities associated with such mea-                 ment based on meeting requirements for the appropriate dis-
sures.                                                                      cipline. Those requirements include, but are not limited to,
     Specifically, abatement includes, but is not limited to:               the following:
     (i) Projects for which there is a written contract or other                  (a) Successful completion of a training program accred-
documentation, which provides that an individual or firm will               ited by the department; and
be conducting activities in or to a residential dwelling or                       (b) Receiving a passing score on a certification examina-
child-occupied facility that results in permanent elimination               tion administered by the department; and
of lead-based paint hazards or designed to permanently elim-                      (c) Satisfaction of any other requirements for the appro-
inate lead-based paint hazards and described in (a) and (b) of              priate discipline; and
this subsection.                                                                  (d) Submittal and approval of the appropriate application
     (ii) Projects resulting in the permanent elimination of                by the department for inspection, risk assessment or abate-
lead-based paint hazards, conducted by certified and licensed               ment activities in target housing and child-occupied facilities.
firms or individuals, unless such projects are covered under                      (10) "Certified firm" means a company, partnership, cor-
(c) of this subsection.                                                     poration, sole proprietorship, association, or other business
     (iii) Projects resulting in the permanent elimination of               entity that performs lead-based paint activities to which the
lead-based paint hazards, conducted by firms or individuals                 department has issued a certificate under these rules.
who, through the their company name or promotional litera-                        (11) "Child-occupied facility" means a building, or a
ture, represent, advertise, or hold themselves out to be in the             portion of a building, constructed prior to 1978, visited regu-
business of performing lead-based paint activities, unless                  larly by the same child, under the age of six, on at least two
such projects are covered under (c) of this subsection.                     different days within any week (Sunday through Saturday
(2009 Ed.)                                                                                                            [Title 365 WAC—p. 91]
365-230-020                                   Title 365 WAC: Community Development

period), provided that each day's visit lasts at least three hours      lead-based paint course or initial training course. All course
and the combined weekly visit lasts at least six hours, and the         completion certificates are valid for six months from the
combined annual visits last at least sixty hours. Child-occu-           course completion date.
pied facilities may include, but are not limited to, day care                 (23) "Course test blueprint" means written documenta-
centers, preschools and kindergarten classrooms.                        tion identifying the proportion of course test questions
      (12) "Clearance levels" are values that indicate the max-         devoted to each major topic in the course curriculum.
imum amount of lead permitted in dust on a surface following                  (24) "Demonstration testing" means the observation and
completion of an abatement activity.                                    scoring of a student's job task and equipment use skills taught
      (13) "Clearance examination standards" means a maxi-              during an initial or refresher training course.
mum of 40 micrograms of lead in dust per square foot on
                                                                              (25) "Department" means the Washington department of
floors, 250 micrograms of lead in dust per square foot on inte-
                                                                        community, trade, and economic development.
rior window sills, and 400 micrograms of lead in dust on win-
dow troughs.                                                                  (26) "Deteriorated paint" means any interior or exterior
      (14) "Common area" means a portion of a building that             paint or other coating that is peeling, chipping, chalking or
is generally accessible to all occupants that may include, but          cracking, or any paint or coating located on an interior or
that is not limited to, hallways, stairways, laundry and recre-         exterior surface or fixture that is otherwise damaged or sepa-
ational rooms, playgrounds, community centers, garages, and             rated from the substrate.
boundary fences.                                                              (27) "Director" means the director of the Washington
      (15) "Common area group" means a group of common                  department of community, trade, and economic development.
areas that are similar in design, construction, and function.                 (28) "Discipline" means one of the specific types or cat-
Common area groups include, but are not limited to, hall-               egories of lead-based paint activities identified in these rules
ways, stairwells, and laundry rooms.                                    for which individuals may receive training from accredited
      (16) "Component or building component" means spe-                 programs and become certified by the department. For exam-
cific design or structural elements or fixtures of a building,          ple, "abatement worker" is a discipline.
residential dwelling, or child-occupied facility that are distin-             (29) "Distinct painting history" means the application
guished from each other by form, function, and location.                history, as indicated by the visual appearance or a record of
These include, but are not limited to, interior components              application, over time, of paint or other surface coatings to a
such as: Ceilings, crown molding, walls, chair rails, doors,            component or room.
door trim, floors, fireplaces, radiators and other heating units,             (30) "Documented methodologies" are the methods or
shelves, shelf supports, stair treads, stair risers, stair stringers,   protocols used to sample for the presence of lead in paint,
newel posts, railing caps, balustrades, windows and trim                dust, and soil.
(including sashes, window heads, jambs, sills or stools and
                                                                              (31) "Dripline" means the area within three feet sur-
troughs), built in cabinets, columns, beams, bathroom vani-
                                                                        rounding the perimeter of a building.
ties, counter tops, and air conditioners; and exterior compo-
nents such as: Painted roofing, chimneys, flashing, gutters                   (32) "Dust-lead hazard" means surface dust in a residen-
and downspouts, ceilings, soffits, fascias, rake boards, cor-           tial dwelling or child-occupied facility that contains a mass-
nerboards, bulkheads, doors and door trim, fences, floors,              per-area concentration of lead equal to or exceeding 40 µg/ft2
joists, lattice work, railings and railing caps, siding, hand-          on floors or 250 µg/ft2 on interior window sills based on wipe
rails, stair risers and treads, stair stringers, columns, balus-        samples.
trades, window sills or stools and troughs, casings, sashes and               (33) "Elevated blood lead level (EBL)" means an exces-
wells, and air conditioners.                                            sive absorption of lead that is a confirmed concentration of
      (17) "Concentration" means the relative content of a spe-         lead in whole blood of 20 µg/dl (micrograms of lead per deci-
cific substance contained within a larger mass, such as the             liter of whole blood) for a single venous test or of 15-19 µg/dl
amount of lead (in micrograms per gram or parts per million             in two consecutive tests taken three to four months apart.
by weight) in a sample of dust or soil.                                       (34) "Encapsulant" means a substance that forms a bar-
      (18) "Containment" means a process to protect workers             rier between lead-based paint and the environment using a
and the environment by controlling exposures to the lead-               liquid applied coating (with or without reinforcement materi-
contaminated dust and debris created during an abatement.               als) or an adhesively bonded covering material.
      (19) "Course agenda" means an outline of the key topics
                                                                              (35) "Encapsulation" means the application of an encap-
to be covered during a training course, including the time
                                                                        sulant.
allotted to teach each topic.
      (20) "Course test" means an evaluation of the overall                   (36) "Enclosure" means the use of rigid, durable con-
effectiveness of the training which shall test the trainees'            struction materials that are mechanically fastened to the sub-
knowledge and retention of the topics covered during the                strate in order to act as a barrier between lead-based paint and
course.                                                                 the environment.
      (21) "Course completion date" means the final date of                   (37) "EPA" means the Environmental Protection
classroom instruction and/or student examination of an                  Agency.
accredited lead-based paint training course.                                  (38) "Firm" means a sole proprietorship, corporation,
      (22) "Course completion certificate" means documenta-             association, firm, partnership, or joint stock company legally
tion issued by an accredited training provider to an individual         registered with the Washington department of licensing to
as proof of successful completion of a department-approved              conduct business in the state of Washington.
[Title 365 WAC—p. 92]                                                                                                         (2009 Ed.)
                                                         Lead-based Paint                                             365-230-020

     (39) "Friction surface" means an interior or exterior sur-          (55) "Living area" means any area of a residential dwell-
face that is subject to abrasion or friction, including, but not    ing used by one or more children under the age of six, includ-
limited to, certain window, floor, and stair surfaces.              ing, but not limited to, living rooms, kitchen areas, dens, play
     (40) "Guest instructor" means an individual designated         rooms, and children's bedrooms.
by the training program manager or principal instructor to               (56) "Loading" means the quantity of specific substance
provide instruction specific to the lecture, hands-on activities,   present per unit of surface area, such as the amount of lead in
or work practice components of a course.                            micrograms contained in the dust collected from a certain
     (41) "Hands-on training" means training during which           surface area divided by the surface area in square feet or
students practice skills that they will be expected to perform      square meters.
at the worksite.                                                         (57) "Multifamily dwelling" means a structure that con-
     (42) "Hands-on skills assessment" means an evaluation          tains more than one separate residential dwelling unit, which
which tests the trainees' ability to satisfactorily perform the     is used or occupied, or intended to be used or occupied, in
work practices and procedures identified in WAC 365-230-            whole or in part, as the home or residence of one or more per-
200 as well as any other skill taught in a training course.         sons.
     (43) "Impact surface" means an interior or exterior sur-            (58) "Multifamily housing" means a housing property
face that is subject to damage by repeated sudden force such        consisting of more than four dwelling units.
as certain parts of door frames.                                         (59) "Paint-lead hazard" means any of the following:
     (44) "Initial training course" means a full, accredited             (a) Any lead-based paint on a friction surface that is sub-
lead-based paint training course required for certification. It     ject to abrasion and where the lead dust levels on the nearest
is different than a refresher course.                               horizontal surface underneath the friction surface (e.g., the
     (45) "Inspection" means a surface-by-surface investiga-        window sill, or floor) are equal to or greater than the dust-
tion to determine the presence of lead-based paint and the          lead hazard levels identified in these rules.
provision of a report, in writing, explaining the results of the         (b) Any damaged or otherwise deteriorated lead-based
investigation.                                                      paint on an impact surface that is caused by impact from a
                                                                    related building component (such as a door knob that knocks
     (46) "Inspector" means an individual who is certified by
                                                                    into a wall or a door that knocks against its door frame).
the department to conduct in target housing and child-occu-
                                                                         (c) Any chewable lead-based painted surface on which
pied facilities a surface-by-surface investigation to determine
                                                                    there is evidence of teeth marks.
the presence of lead-based paint and the provision of a report,
                                                                         (d) Any other deteriorated lead-based paint in any resi-
in writing; and conduct clearance procedures in accordance
                                                                    dential building or child-occupied facility or on the exterior
with WAC 365-230-200. An inspector may also collect dust
and soil samples and perform clearance testing. An inspector        of any residential building or child-occupied facility.
may cite the applicable standard for the medium being sam-               (60) "Permanent" means having an expected design life
pled, but may not evaluate the results or assess risk.              of twenty years.
                                                                         (61) "Person" means any natural or judicial person
     (47) "Interim controls" mean a set of measures designed
                                                                    including any individual, corporation, partnership, or associ-
to temporarily reduce human exposure or likely exposure to
                                                                    ation; any Indian tribe, state, or political subdepartment
lead-based paint hazards, including specialized cleaning,
                                                                    thereof; any interstate body; and any department, agency, or
repairs, maintenance, painting, temporary containment,
                                                                    instrumentality of the federal government.
ongoing monitoring of lead-based paint hazards or potential
                                                                         (62) "Play area" means an area of frequent soil contact
hazards, and the establishment and operation of management
                                                                    by children of less than six years of age as indicated by, but
and resident education programs.
                                                                    not limited to, such factors including the following: The
     (48) "Interior window sill" means the portion of the hor-      presence of play equipment (e.g., sandboxes, swing sets, and
izontal window ledge that protrudes into the interior of the        sliding boards), toys, or other children's possessions, obser-
room.                                                               vations of play patterns, or information provided by parents,
     (49) "Lead-based paint" means paint or other surface           residents, care givers, or property owners.
coatings that contain lead equal to or in excess of 1.0 milli-           (63) "Preliminary clearance" means clearance of interior
gram per square centimeter or 0.5 percent by weight.                living areas according to which an inspector or risk assessor
     (50) "Lead-based paint activities" mean, in the case of        determines that residual lead levels (as determined by labora-
target housing and child-occupied facilities, inspection, risk      tory analysis) do not exceed clearance levels.
assessment, and abatement, as defined in these rules.                    (64) "Principal instructor" means the individual who has
     (51) "Lead-based paint activities courses" mean training       the primary responsibility for organizing and teaching a par-
courses (worker, supervisor, inspector, risk assessor, project      ticular course.
designer) provided by accredited training providers.                     (65) "Proficiency test" means any alternative to a con-
     (52) "Lead-based paint hazard" means hazardous lead-           ventional written examination that is used to measure a
based paint, dust-lead hazard or soil-lead hazard as identified     trainee's mastery of course content. An oral examination
in these rules.                                                     offered to a trainee with a manual disability is an example of
     (53) "Lead-hazard screen" is a limited risk assessment         a proficiency test.
activity that involves limited paint and dust sampling as                (66) "Project designer" means an individual who is certi-
described in WAC 365-230-200.                                       fied by the department to interpret lead inspection or risk
     (54) "Licensed" means a person who has been certified          assessment reports and to develop plans, specifications, and
by the department in one or more disciplines.                       project procedures for large lead abatement projects in target
(2009 Ed.)                                                                                                    [Title 365 WAC—p. 93]
365-230-020                                Title 365 WAC: Community Development

housing and child-occupied facilities, including occupant           ance activities in target housing and child-occupied facilities,
notification and protection, cleanup and clearance, and abate-      and to prepare occupant protection plans and abatement
ment reports.                                                       reports in accordance with WAC 365-230-200.
     (67) "Refresher training course" means a minimum                    (77) "Target housing" means any housing constructed
seven-hour training course (or four hours for project               prior to 1978, except housing for the elderly or persons with
designer) accredited by the department to update an individ-        disabilities (unless any one or more children under the age of
ual's knowledge and skills in the discipline in which training      six resides or is expected to reside in such housing for the eld-
is offered.                                                         erly or persons with disabilities) or any 0-bedroom dwelling.
     (68) "Residential dwelling" means:                                  (78) "These rules" means Washington Administrative
     (a) A detached single-family dwelling unit, including          Code (WAC) 365-230-010 through 365-230-270.
attached structures such as porches and stoops; or                       (79) "Train-the-trainer course" means a course that
     (b) A single-family dwelling unit in a structure that con-     includes, but is not limited to, instruction in the planning and
tains more than one separate residential dwelling unit, which       teaching of adult education, adult learning principles, design-
is used or occupied, or intended to be occupied, in whole or        ing training objectives, selecting and designing training
in part, as the home or residence of one or more persons.           activities, creating an effective learning environment, facili-
     (69) "Risk assessment" means an on-site investigation to       tating group involvement and discussions, and strategies for
determine the existence, nature, severity, and location of          dealing with difficult training situations and difficult learn-
lead-based paint hazards, and the provision of a report by the      ers.
individual or the firm conducting the risk assessment,                   (80) "Training curriculum" means an established set of
explaining the results of the investigation and options for         course topics for instruction in an accredited training pro-
reducing lead-based paint hazards.                                  gram for a particular discipline designed to provide special-
     (70) "Risk assessor" means an individual who is certified      ized knowledge and skills.
by the department to conduct in target housing and child-                (81) "Training hour" means at least fifty minutes of
occupied facilities on-site investigation to determine the          actual learning, including, but not limited to, time devoted to
existence, nature, severity, and location of lead-based paint       lecture, learning activities, small group activities, demonstra-
hazards, and to provide a report explaining the results of the      tions, evaluations, and/or hands-on experience.
investigation and options for reducing lead-based paint haz-             (82) "Training manager" means the individual responsi-
ards; and who may conduct a lead-hazard screen, in accor-           ble for administering a training program and monitoring the
dance with WAC 365-230-200.                                         performance of principal instructors and guest instructors.
     (71) "Room" means a separate part of the inside of a
                                                                         (83) "Training provider" means any business entity
building, such as a bedroom, living room, dining room,
                                                                    accredited under WAC 365-230-035 and 365-230-040 that
kitchen, bathroom, laundry room, or utility room. To be con-
                                                                    offers lead-based paint activities courses.
sidered a separate room, the room must be separated from
adjoining rooms by built-in walls or archways that extend at             (84) "Weighted arithmetic mean" means the arithmetic
least six inches from an intersecting wall. Half walls or book-     mean of sample results weighted by the number of subsam-
cases count as room separators if built-in. Movable or col-         ples in each sample. Its purpose is to give influence to a sam-
lapsible partitions or partitions consisting solely of shelves or   ple relative to the surface area it represents. A single surface
cabinets are not considered built-in walls. A screened-in           sample is comprised of a single subsample. A composite
porch that is used as a living area is a room.                      sample may contain from two to four subsamples of the same
     (72) "Sample quality control" means a plan or design           area as each other and of each single surface sample in the
which ensures the authenticity, integrity, and accuracy of          composite. The weighted arithmetic mean is obtained by
samples, including dust, soil, and paint chip or film samples.      summing, for all samples, the product of the sample's result
Sample quality control also includes provisions for represen-       multiplied by the number of subsamples in the sample, and
tative sampling and control samples.                                dividing the sum by the total number of subsamples con-
     (73) "Scope of work" means a written description of all        tained in all samples. For example the weighted arithmetic
of the abatement activities to be conducted at a specific abate-    mean of a single surface sample containing 60 µg/ft2, a com-
ment project site.                                                  posite sample (three subsamples) containing 100 µg/ft2, and a
     (74) "Soil-lead hazard" means bare soil on residential         composite sample (four subsamples) containing 110 mg/ft2 is
real property or on the property of a child-occupied facility       100 µg/ft2. This result is based on the equation [60+(3*100)+
that contains total lead equal to or exceeding 250 parts per        (4*110)]/(1+3+4).
million (mg/g) based on soil samples.                                    (85) "Window trough" means for a typical double-hung
     (75) "Soil sample" means a sample collected in a repre-        window, the portion of the exterior window sill between the
sentative location using ASTM E1727, "Standard Practice             interior window sill (or stool) and the frame of the storm win-
for Field Collection of Soil Samples for Lead Determination         dow. If there is no storm window, the window trough is the
by Atomic Spectrometry Techniques," or equivalent method.           area that receives both the upper and lower window sashes
ASTM standards can be obtained from ASTM International,             when they are both lowered. The window trough is some-
P.O. Box C700, West Conshohocken, PA 19428-2929, via                times referred to as the window "well."
phone at 610-832-9525, or electronically at www.astm.org                 (86) "Wipe sample" means a sample collected by wiping
     (76) "Supervisor" means an individual who is certified         a representative surface of known area, as determined by
by the department to either conduct or oversee and direct the       ASTM E1728, "Standard Practice for Field Collection of
work-site conduct of lead-based paint abatement and clear-          Settled Dust Samples Using Wipe Sampling Methods for
[Title 365 WAC—p. 94]                                                                                                      (2009 Ed.)
                                                                 Lead-based Paint                                                     365-230-040

Lead Determination by Atomic Spectrometry Techniques," or                         (d) If a training program uses EPA-recommended model
equivalent method, with an acceptable wipe material as                       training materials, or training materials approved by an EPA-
defined in ASTM E 1792, "Standard Specification for Wipe                     authorized state or Indian tribe, the training manager shall
Sampling Materials for Lead in Surface Dust." ASTM stan-                     include a statement certifying that. If the training program
dards can be obtained from ASTM International, P.O. Box                      makes any changes or additions to the model curriculum, the
C700, West Conshohocken, PA 19428-2929, via phone at                         training shall submit a statement indicating the changes or
610-832-9525, or electronically at www.astm.org                              additions and shall submit a copy of the new or changed cur-
     (87) "Worker" means an individual who is certified by                   riculum. It is not necessary to submit unchanged model train-
the department and licensed by the construction contractors'                 ing curriculum materials.
board to conduct lead-based paint abatement activities in tar-                    (e) If a training program does not use model training
get housing and child-occupied facilities in accordance with                 materials as described in (d) of this subsection, the training
WAC 365-230-200.                                                             manager shall include: A copy of the entire course instruc-
[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-020,          tion curriculum, including, but not limited to: Learning
filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)    objectives; documentation of course agenda with time alloca-
[70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.-    tion for each course topic; the sequence of topics to be cov-
060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-020, filed
4/29/04, effective 5/30/04.]
                                                                             ered during the course(s); student and instructor manuals, and
                                                                             any other materials to be used for the course.
     Reviser’s note: The brackets and enclosed material in the text of the
above section occurred in the copy filed by the agency.
                                                                                  (f) All applications for accreditation shall include:
                                                                                  (i) A copy of the test blueprint describing the portion of
     365-230-030

     WAC 365-230-030 Accreditation required. (1) No                          test questions devoted to each major course topic.
firm, individual or other entity shall provide, offer, or claim                   (ii) A description of the facilities and equipment to be
to provide a department-accredited lead-based paint training                 used for lecture and hands-on training, respectively.
course without applying for and receiving accreditation from                      (iii) A description of the activities and procedures that
the department as required by these rules.                                   will be used for conducting the assessment of hands-on skills
     (2) A training provider may be accredited for the initial               for each course.
inspector, risk assessor, abatement worker, supervisor, and                       (iv) A copy of the quality control plan developed by the
project designer training courses or for refresher training                  training manager. The plan shall be used to maintain and
courses within the same disciplines.                                         improve the training program and contain at least the follow-
     (3) Only accredited training providers are eligible to                  ing elements:
offer initial and refresher lead-based paint training courses.                    (A) Procedures for periodic revision of training materials
     (4) To qualify for and maintain accreditation, a training               and course test to be current with innovations in the field.
provider shall:                                                                   (B) Procedures for the training manager's annual review
     (a) Propose and offer at least one accredited lead-based                of principal instructor competency.
paint training course.                                                            (v) Documentation of accreditation by other state or fed-
     (b) Conform to personnel, operational and curriculum                    eral agencies, if applicable.
requirements.                                                                     (vi) A check or money order made out to the department
     (c) Comply with accreditation application and proce-                    of community, trade, and economic development in the
dural requirements.                                                          amount as described in WAC 365-230-120.
[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-030,          [Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-035,
filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)    filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)
[70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.-    [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.-
060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-030, filed     060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-035, filed
4/29/04, effective 5/30/04.]                                                 4/29/04, effective 5/30/04.]

                                                                                  365-230-040
     365-230-035

     WAC 365-230-035 Application process. The follow-                             WAC 365-230-040 Requirements for the accredita-
ing are procedures a training program must follow to receive                 tion of training programs. For a training program to obtain
accreditation by the department to offer lead-based paint                    accreditation from department to offer lead-based paint activ-
training courses:                                                            ities courses, the program shall meet the following require-
     (1) A training program seeking accreditation shall sub-                 ments:
mit a complete written application to the department. To be                       (1) The training program shall employ a training man-
considered complete, the application must be on the appropri-                ager who has:
ate departmental form and include all required documenta-                         (a) At least two years of experience, education, or train-
tion and attachments. Information that must be provided with                 ing in teaching workers or adults; or
the application is as follows:                                                    (b) A bachelor's or graduate degree in building construc-
     (a) Name, address, and phone number of training pro-                    tion technology, engineering, industrial hygiene, safety, pub-
vider and training program manager.                                          lic health, education, business administration or program
     (b) List of course(s) for which accreditation is being                  management or a related field; or
applied.                                                                          (c) Two years of experience in managing a training pro-
     (c) A statement signed by the training program manager                  gram specializing in environmental hazards; and
certifying that the training program meets the requirements                       (d) Demonstrated experience, education, or training in
under WAC 365-230-040.                                                       the construction industry including: Lead or asbestos abate-
(2009 Ed.)                                                                                                                   [Title 365 WAC—p. 95]
365-230-040                                Title 365 WAC: Community Development

ment, painting, carpentry, renovation, remodeling, occupa-               (d) The project designer course shall last a minimum of
tional safety and health, or industrial hygiene.                    eight training hours. The minimum curriculum requirements
     (2) The training manager shall designate a qualified prin-     for the project designer course are contained in WAC 365-
cipal instructor for each course who has:                           230-050.
     (a) Demonstrated experience, education, or training in              (e) The abatement worker course shall last a minimum of
teaching workers or adults; and                                     sixteen training hours, with a minimum of eight hours
     (b) Successfully completed at least sixteen hours of any       devoted to hands-on training activities. The minimum curric-
department-accredited, EPA-accredited or tribal-accredited          ulum requirements for the abatement worker course are con-
lead-specific training; and                                         tained in WAC 365-230-050.
     (c) Demonstrated experience, education, or training in              (7) For each course offered, the training program shall
lead or asbestos abatement, painting, carpentry, renovation,        conduct either a course test at the completion of the course,
remodeling, occupational safety and health, or industrial           and if applicable, a hands-on skills assessment, or in the alter-
hygiene.                                                            native, a proficiency test for that discipline. Each individual
     (3) The principal instructor shall be responsible for the      must successfully complete the hands-on skills assessment
organization of the course and oversight of the teaching of all     and receive a passing score on the course test to pass any
course material. The training manager may designate guest           course, or successfully complete a proficiency test.
instructors as needed to provide instruction specific to the             (a) The training manager is responsible for maintaining
lecture, hands-on activities, or work practice components of a      the validity and integrity of the hands-on skills assessment or
course.                                                             proficiency test to ensure that it accurately evaluates the
                                                                    trainees' performance of the work practices and procedures
     (4) The following documents shall be recognized by the
                                                                    associated with the course topics contained in WAC 365-
department as evidence that training managers and principal
                                                                    230-050.
instructors have the education, work experience, training
                                                                         (b) The training manager is responsible for maintaining
requirements or demonstrated experience, specifically listed
                                                                    the validity and integrity of the course test to ensure that it
in subsections (1), (2) and (3) of this section. This documen-
                                                                    accurately evaluates the trainees' knowledge and retention of
tation need not be submitted with the accreditation applica-
                                                                    the course topics.
tion, but, if not submitted, shall be retained by the training
                                                                         (c) The course test shall be developed in accordance with
program as required by WAC 365-230-090. Those docu-
                                                                    the test blueprint submitted with the training accreditation
ments include the following:
                                                                    application.
     (a) Official academic transcripts or diploma as evidence
                                                                         (8) The training program shall issue unique course com-
of meeting education requirements.
                                                                    pletion certificates to each individual who passes the training
     (b) Resumes, letters of reference, or documentation of         course. The course completion certificate shall include:
work experience, as evidence of meeting the work experience              (a) The name, a unique identification number, and
requirements.                                                       address of the individual.
     (c) Certificates from train-the-trainer courses and lead-           (b) The name of the particular course that the individual
specific training courses, as evidence of meeting the training      completed.
requirements.                                                            (c) Dates of course completion/test passage.
     (5) The training program shall ensure the availability of,          (d) The name, address, and telephone number of the
and provide adequate facilities for, the delivery of the lecture,   training program.
course test, hands-on training, and assessment activities. This          (9) The training manager shall develop and implement a
includes providing training equipment that reflects current         quality control plan. The plan shall be used to maintain and
work practices and maintaining or updating the equipment            improve the quality of the training program over time. This
and facilities as needed.                                           plan shall contain at least the following elements:
     (6) To become accredited in the following disciplines,              (a) Procedures for periodic revision of training materials
the training program shall provide training courses that meet       and the course test to reflect innovations in the field.
the following training hour requirements:                                (b) Procedures for the training manager's annual review
     (a) The inspector course shall last a minimum of twenty-       of principal instructor competency.
four training hours, with a minimum of eight hours devoted               (10) The training program shall offer courses that teach
to hands-on training activities. The minimum curriculum             the work practice standards for conducting lead-based paint
requirements for the inspector course are contained in WAC          activities contained in WAC 365-230-200, and other stan-
365-230-050.                                                        dards developed by EPA pursuant to Title IV of TSCA.
     (b) The risk assessor course shall last a minimum of six-      These standards shall be taught in the appropriate courses to
teen training hours, with a minimum of four hours devoted to        provide trainees with the knowledge needed to perform the
hands-on training activities. The minimum curriculum                lead-based paint activities they are responsible for conduct-
requirements for the risk assessor course are contained in          ing.
WAC 365-230-050.                                                         (11) The training manager shall be responsible for ensur-
     (c) The supervisor course shall last a minimum of thirty-      ing that the training program complies at all times with all of
two training hours, with a minimum of eight hours devoted to        the requirements in this section.
hands-on activities. The minimum curriculum requirements                 (12) A course audit shall include, but not be limited to, a
for the supervisor course are contained in WAC 365-230-             review of: Instructional curriculum; examination design,
050.                                                                administration and security procedures, and results, including
[Title 365 WAC—p. 96]                                                                                                      (2009 Ed.)
                                                                 Lead-based Paint                                                   365-230-050

those of demonstration testing; classroom instruction; audio-                    (h) Development of hazard control options, the role of
visual materials; course content; coverage; and teaching                    interim controls, and operations and maintenance activities to
facilities.                                                                 reduce lead-based paint hazards.
     (13) An accredited training provider may not implement                      (i) Preparation of a final risk assessment report.
changes in method or content that affect one half-hour or                        (3) Supervisor.
more of contact instruction without ten business days                            (a) Role and responsibilities of a supervisor.
advance notice of the changes to department.                                     (b) Background information on lead and its adverse
     (14) The training provider is responsible for ensuring                 health effects.
that the training manager and principal instructor comply                        (c) Background information on federal, state, and local
with the requirements of this rule.                                         regulations and guidance that pertain to lead-based paint
     (15) Whenever there is a change in either the training                 abatement.
manager or principal instructor for an accredited training                       (d) Liability and insurance issues relating to lead-based
course, the training provider shall notify the department of                paint abatement.
this change within thirty days, along with documentation                         (e) Risk assessment and inspection report interpreta-
demonstrating the appropriate qualifications as described in                tion.*
this section.                                                                    (f) Development and implementation of an occupant
     (16) The training provider shall use a system for verify-              protection plan and abatement report.
ing the positive identification of all trainees. Trainees with-                  (g) Lead-based paint hazard recognition and control.*
out proper identification may not take the course exam.
                                                                                 (h) Lead-based paint abatement and lead-based paint
[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-040,         hazard reduction methods, including restricted practices.*
filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)
[70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.-        (i) Interior dust abatement/cleanup or lead-based paint
060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-040, filed    hazard control and reduction methods.*
4/29/04, effective 5/30/04.]                                                     (j) Soil and exterior dust abatement or lead-based paint
                                                                            hazard control and reduction methods.*
     365-230-050


     WAC 365-230-050 Minimum training curriculum                                 (k) Clearance standards and testing.
requirements. To become accredited to offer lead-based                           (l) Cleanup and waste disposal.
paint courses instruction in the specific disciplines listed                     (m) Recordkeeping.
below, training programs must ensure that their courses of                       (4) Project designer.
study include, at a minimum, the following course topics.                        (a) Role and responsibilities of a project designer.
Requirements ending in an asterisk (*) indicate areas that                       (b) Development and implementation of an occupant
require hands-on activities as an integral component of the                 protection plan for large scale abatement projects.
course.
                                                                                 (c) Lead-based paint abatement and lead-based paint
     (1) Inspector.                                                         hazard reduction methods, including restricted practices for
     (a) Role and responsibilities of an inspector.                         large-scale abatement projects.
     (b) Background information on lead and its adverse                          (d) Interior dust abatement/cleanup or lead hazard con-
health effects.                                                             trol and reduction methods for large-scale abatement
     (c) Background information on federal, state, and local                projects.
regulations and guidance that pertains to lead-based paint and                   (e) Clearance standards and testing for large scale abate-
lead-based paint activities.                                                ment projects.
     (d) Lead-based paint inspection methods, including                          (f) Integration of lead-based paint abatement methods
selection of rooms and components for sampling or testing.*                 with modernization and rehabilitation projects for large scale
     (e) Paint, dust, and soil sampling methodologies.*                     abatement projects.
     (f) Clearance standards and testing, including random                       (5) Abatement worker.
sampling.*                                                                       (a) Role and responsibilities of an abatement worker.
     (g) Preparation of the final inspection report.*                            (b) Background information on lead and its adverse
     (h) Recordkeeping.                                                     health effects.
     (2) Risk assessor.                                                          (c) Background information on federal, state and local
     (a) Role and responsibilities of a risk assessor.                      regulations and guidance that pertain to lead-based paint
     (b) Collection of background information to perform a                  abatement.
risk assessment.                                                                 (d) Lead-based paint hazard recognition and control.*
     (c) Sources of environmental lead contamination such as                     (e) Lead-based paint abatement and lead-based paint
paint, surface dust and soil, water, air, packaging, and food.              hazard reduction methods, including restricted practices.*
     (d) Visual inspection for the purposes of identifying                       (f) Interior dust abatement methods/cleanup or lead-
potential sources of lead-based paint hazards.*                             based paint hazard reduction.*
     (e) Lead hazard screen protocol.                                            (g) Soil and exterior dust abatement methods or lead-
     (f) Sampling for other sources of lead exposure.*                      based paint hazard reduction.*
     (g) Interpretation of lead-based paint and other lead sam-             [Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020,
pling results, including all applicable state or federal guid-              70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080,
ance or regulations pertaining to lead-based paint hazards.*                70.103.090. 04-10-037, § 365-230-050, filed 4/29/04, effective 5/30/04.]
(2009 Ed.)                                                                                                                 [Title 365 WAC—p. 97]
365-230-060                                      Title 365 WAC: Community Development

     365-230-060


     WAC 365-230-060 Requirements for the accredita-                             (c) A description of any changes to the training facility,
tion of refresher training courses. A training program may                  equipment or course materials since its last application was
seek accreditation to offer refresher training courses in any of            approved that adversely affects the students' ability to learn
the following disciplines: Inspector, risk assessor, supervi-               or that affects more than thirty minutes of a training hour.
sor, project designer, and abatement worker. A training pro-                     (d) A statement signed by the program manager stating:
gram may apply for accreditation of a refresher training                         (i) That the training program complies at all times with
course concurrently with its application for accreditation of               all the Requirements for the accreditation of training pro-
an initial training course. All applications for accreditation of           grams (WAC 365-230-040) and requirements for the accred-
a refresher training course must follow the application pro-                itation of refresher training programs (WAC 365-230-035
cess as described in WAC 365-230-035. To obtain depart-                     [365-230-060]), as applicable; and
ment accreditation to offer refresher training, a training pro-                  (ii) The Training program recordkeeping (WAC 365-
gram must meet the requirements for accreditation of a train-               230-090) and notification requirements (WAC 365-230-100)
ing program as described in WAC 365-230-040, except for                     shall be followed.
the minimum training-hour requirements in WAC 365-230-                      [Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-070,
040 (6)(a) through (e). In addition, applicants for accredita-              filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)
tion of a refresher training course must meet the following                 [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.-
minimum requirements:                                                       060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-070, filed
                                                                            4/29/04, effective 5/30/04.]
     (1) Each refresher course shall review the curriculum
topics of the full-length courses listed in WAC 365-230-050,                     365-230-080

                                                                                 WAC 365-230-080 Approval/disapproval of applica-
as appropriate. In addition, to become accredited to offer
                                                                            tion for accreditation or renewal of accreditation. Upon
refresher training courses, training programs shall ensure that
                                                                            determining that a training provider has met the requirements
their courses of study include, at a minimum, the following:
                                                                            for accreditation or reaccreditation as described in these
     (a) An overview of current safety practices relating to                rules, the department shall issue a certificate of accreditation
lead-based paint activities in general, as well as specific                 for each training course. The department may disapprove an
information pertaining to the appropriate discipline.                       application for accreditation or renewal of an initial or
     (b) Current laws and regulations relating to lead-based                refresher training course for any of the following reasons:
paint activities in general, as well as specific information per-                (1) Failure to complete application in accordance with
taining to the appropriate discipline.                                      these rules, or department policy or instructions.
     (c) Current technologies relating to lead-based paint                       (2) Failure to meet training curriculum requirements
activities in general, as well as specific information pertain-             (WAC 365-230-050) as set forth in these rules.
ing to the appropriate discipline.                                               (3) Failure to meet Requirements for accreditation of
     (2) Each refresher course, except for the project designer             training programs (WAC 365-230-040) as set forth in these
course, shall last a minimum of eight training hours. The                   rules.
project designer refresher course shall last a minimum of four                   (4) Failure to meet the requirements for the accreditation
training hours.                                                             of refresher training programs (WAC 365-230-060) as set
     (3) For each course offered, the training program shall                forth in these rules.
conduct a hands-on assessment (if applicable), and at the                        (5) In the case of disapproval, a letter describing the rea-
completion of the course, a course test.                                    sons for disapproval shall be sent to the applicant. Prior to
                                                                            disapproval, the department may, at its discretion, work with
[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-060,
filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)   the applicant to address inadequacies in the application for
[70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.-   accreditation. The department may also request additional
060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-060, filed    materials retained by the training provider described under
4/29/04, effective 5/30/04.]                                                the Training program recordkeeping requirements (WAC
     365-230-070
                                                                            365-230-090). If a training provider's application for accred-
      WAC 365-230-070 Reaccreditation of training pro-                      itation of an initial or refresher training course is disap-
grams. (1) A training program's accreditation for both initial              proved, the provider may reapply for accreditation at any
and refresher training courses shall expire four years after the            time.
date of issuance of the course accreditation.                               [Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-080,
      (2) A training provider seeking reaccreditation should                filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)
submit an application to the department no later than one                   [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103-
                                                                            060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-080, filed
hundred eighty days before its accreditation expires. If a                  4/29/04, effective 5/30/04.]
training program does not submit its application by that date,
the department cannot guarantee that the program will be                         365-230-090

                                                                                 WAC 365-230-090 Training program recordkeeping
reaccredited before the end of the accreditation period.                    requirements. (1) Accredited training programs shall main-
      (3) The training program's application for reaccreditation            tain, and make available to the department if requested, the
shall contain:                                                              following records:
      (a) The training program's name, address, and telephone                    (a) All documents specified in the Requirements for the
number.                                                                     accreditation of training programs (WAC 365-230-040) as
      (b) A list of courses for which it is applying for reaccred-          set forth in these rules that demonstrate the qualifications for
itation.                                                                    training manager and principal instructors.
[Title 365 WAC—p. 98]                                                                                                                     (2009 Ed.)
                                                                 Lead-based Paint                                              365-230-100

     (b) Current curriculum, course materials and documents                      (d) The training manager shall also update the depart-
reflecting any changes made to these materials.                             ment regarding any course cancellations, or any other change
     (c) The course test blueprint.                                         to the original notice. Updated notices must be received by
     (d) Information regarding how the hands-on assessment                  the department at least two business days prior to the sched-
is conducted including, but not limited to, who conducts the                uled course start date.
assessment, how skills are graded, what facilities are used,                     (e) Each notice, including updates, shall include the fol-
and the pass/fail rate.                                                     lowing:
     (e) The quality control plan as described in the Require-                   (i) Notification type (original, update, cancellation).
ments for the accreditation of training programs (WAC 365-                       (ii) Training program name, department accreditation
230-040) as set forth in these rules.                                       number, address, and phone number.
     (f) Results of student's hands-on skills assessments and                    (iii) Course discipline, type (initial/refresher), and the
course tests, and a copy of each student's course completion                language in which instruction will be given.
certificate.                                                                     (iv) Date(s) and time(s) of training.
     (g) Any other material submitted as part of the program's                   (v) Training location(s) phone number, and street
application for accreditation.                                              address.
     (2) The training provider shall retain these records at the                 (vi) Principal instructor's name.
address specified on the training provider's accreditation                       (vii) Training manager's name and signature.
application (or as modified as the result of notification of                     (f) Notification shall be accomplished using any of the
change of address) shall be retained a minimum of three years               following methods: Written notice, or by e-mail. All notices
and six months.                                                             submitted by e-mail must be followed with written notice
     (3) A training provider shall notify the department in                 within twenty-four hours of submission. Written notification
writing within thirty days of changing the address specified                of lead-based paint activities course schedules can be accom-
on its training program accreditation, or transferring the                  plished by using either the sample form titled "Lead-Based
records from that address.                                                  Paint Activities Training Course Schedule" or a similar form
     (4) Accreditation is transferable in the case of acquisition           developed by the training program containing the required
of the accredited training provider by another entity. The new              information. All written notices shall be delivered by U.S.
entity must notify the department within thirty days of the                 Postal Service, fax, commercial delivery service, or hand
change of ownership and any other changes to information                    delivery. (Persons submitting notification by U.S. Postal Ser-
included in the original application.                                       vice are reminded that they should allow three additional
     (5) A training provider shall submit to the department the             business days for delivery in order to ensure that the depart-
two notifications described in WAC 365-230-100.                             ment receives the notification by the required date.) Instruc-
                                                                            tions and sample forms can be obtained from the department
[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-090,
filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)   at 360-586-5323, or on the internet at http://www.cted.wa.
[70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.-   gov/lead
060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-090, filed         (g) Lead-based paint activities courses shall not begin on
4/29/04, effective 5/30/04.]                                                a date, or at a location other than that specified in the original
     365-230-100
                                                                            notice unless an updated notice identifying a new date or
     WAC 365-230-100 Notification of lead-based paint                       location is submitted, in which case the course must begin on
training activity. (1) The training manager shall provide                   the date and location specified in the updated notice.
notification of lead-based paint activities courses offered.                     (h) No training program shall provide lead-based paint
     (a) The training manager shall provide the department                  activities courses without first notifying the agency of such
with notice of all lead-based paint activities courses offered.             activities in accordance with the requirements of this para-
The original notice must be received by the department at                   graph.
least ten business days prior to offering any lead-based paint                   (2) The training manager shall provide notification fol-
activities course.                                                          lowing completion of lead-based paint activities courses.
     (b) The training manager shall provide the department                       (a) The training manager shall provide the department
updated notice when lead-based paint activities courses will                with notice after the completion of any lead-based paint
begin on a date other than the one specified in the original                activities course that shall be received by the department no
notification, as follows:                                                   later than twenty business days following course completion.
     (i) For lead-based paint activities courses beginning                       (b) The notice shall include the following:
prior to the original start date an updated notice must be                       (i) Training program name, department accreditation
received by the department at least ten business days before                number, address, and phone number.
the revised start date.                                                          (ii) Course discipline and type (initial/refresher).
     (ii) For lead-based paint activities courses beginning                      (iii) Date(s) of training.
after the original start date an updated notice must be                          (iv) The following information for each student who
received by the department at least two business days before                took the course:
the original start date.                                                         (A) Name.
     (c) The training manager shall update the department of                     (B) Address.
any change in location of lead-based paint activities courses                    (C) Course completion certificate number.
at least ten business days prior to the scheduled course start                   (D) Student test score.
date.                                                                            (v) Training manager's name and signature.
(2009 Ed.)                                                                                                             [Title 365 WAC—p. 99]
365-230-120                                      Title 365 WAC: Community Development

     (c) Notification shall be accomplished using any of the                     (ii) Holds a valid certification issued by EPA or by a
following methods: Written notice, or by e-mail. All notices                state or tribal program that has been authorized by EPA
submitted by e-mail must be followed with written notice                    according to 40 CFR 745.324.
within twenty-four hours of submission. Written notification                     (A) Applicants for certification based on certification
following lead-based paint activities training courses can be               from another state or tribal program must document to the
accomplished by using either the sample form titled "Lead-                  department that they have read and understand the certifica-
Based Paint Activities Training Course Follow-up" or a sim-                 tion and work practice standards as described in these rules.
ilar form developed by the training program containing the                       (B) Certification based on a valid lead-based paint certi-
required information. All written notices shall be delivered                fication issued by EPA or by an EPA-authorized state or
by U.S. Postal Service, fax, commercial delivery service, or                tribal program shall be issued with an expiration date not to
hand delivery. (Persons submitting notification by U.S.                     exceed the date of expiration listed on the EPA or EPA-
Postal Service are reminded that they should allow three                    authorized state or tribal certification.
additional business days for delivery in order to ensure that
                                                                                 (2) Individuals may first apply to the department for cer-
the department receives the notification by the required date.)
                                                                            tification to engage in lead-based paint activities pursuant to
Instructions and sample forms can be obtained from depart-
                                                                            this section on or after the effective date of these rules.
ment at 360-586-5323, or on the internet at http://www.cted.
gov/lead                                                                         (3) Following the submission of an application demon-
                                                                            strating that all the requirements of this section have been
[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-100,         met, the department shall certify an applicant as an inspector,
filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)
[70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.-   risk assessor, supervisor, project designer, or abatement
060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-100, filed    worker, as appropriate.
4/29/04, effective 5/30/04.]                                                     (4) Upon receiving the department certification, individ-
                                                                            uals conducting lead-based paint activities shall comply with
     365-230-120


     WAC 365-230-120 Accreditation fees. The following                      the work practice standards for performing the appropriate
fees are established for accreditation:                                     lead-based paint activities as established in the Work practice
     (1) A nonrefundable application fee of two hundred dol-                standards section (WAC 365-230-200).
lars for accreditation of an initial or refresher lead-based paint               (5) It shall be a violation of these rules for an individual
training course.                                                            to conduct any of the lead-based paint activities described in
     (2) A nonrefundable application fee of two hundred dol-                the Work practice standards section (WAC 365-230-200) has
lars for reaccreditation of an initial or a refresher lead-based            not been certified by the department.
paint training course.                                                      [Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-130,
     (3) If an initial or refresher course provides instruction             filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)
                                                                            [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.-
for more than one discipline, a separate application fee of two             060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-130, filed
hundred dollars for each discipline is required.                            4/29/04, effective 5/30/04.]
     (4) All fees shall be in the form of a check or money
order made out to the department of community, trade, and                        365-230-132


                                                                                 WAC 365-230-132 Inspector, risk assessor, or super-
economic development.                                                       visor. (1) To become certified by the department as an
[Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020,       inspector, risk assessor, supervisor, pursuant to WAC 365-
70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080,     230-130, an individual must:
70.103.090. 04-10-037, § 365-230-120, filed 4/29/04, effective 5/30/04.]
                                                                                 (a) Successfully complete an accredited course in the
  CERTIFICATION OF INDIVIDUALS AND FIRMS                                    appropriate discipline and receive a course completion certif-
  ENGAGED IN LEAD-BASED PAINT ACTIVITIES:                                   icate from an accredited training program.
    TARGET HOUSING AND CHILD-OCCUPIED                                            (b) Pass the certification exam in the appropriate disci-
                FACILITIES                                                  pline offered by the department; and
                                                                                 (c) Meet or exceed the following experience and/or edu-
     365-230-130
                                                                            cation requirements:
     WAC 365-230-130 Certification of individuals. (1)
No individual shall perform any lead-based paint activity as                     (i) Inspectors. No additional experience and/or education
described in WAC 365-230-200 without first becoming certi-                  requirements.
fied by the department. Certified individuals may perform                        (ii) Risk assessors.
only specific lead-based paint activities for which they are                     (A) Successful completion of an accredited training
certified. Individuals seeking certification by the department              course for inspectors; and
to engage in lead-based paint activities must:                                   (B) Bachelor's degree and one year of experience in a
     (a) Submit a complete application as described in WAC                  related field (e.g., lead, asbestos, environmental remediation
365-230-170 and must provide documentation that the appli-                  work, or construction), or an associates degree and two years
cant has either:                                                            experience in a related field (e.g., lead, asbestos, environmen-
     (i) Met the certification requirements as described in                 tal remediation work, or construction); or
WAC 365-230-132 for the inspector, risk assessor, or super-                      (C) Certification as an industrial hygienist, an engineer,
visor disciplines; or WAC 365-230-134 for the project                       a registered architect, certified safety professional, registered
designer or worker disciplines; or                                          sanitarian, or registered environmental specialist; or
[Title 365 WAC—p. 100]                                                                                                                    (2009 Ed.)
                                                                 Lead-based Paint                                                    365-230-150

     (D) A high school diploma (or equivalent), and at least                     (D) Four years experience in building construction and
three years of experience in a related field (e.g., lead, asbes-            design or a related field.
tos, environmental remediation work or construction).                            (2) After successfully completing the appropriate train-
     (iii) Supervisor:                                                      ing and application requirements as described in these rules,
     (A) One year of experience as a certified lead-based                   an individual shall be certified by the department.
paint abatement worker; or                                                       (3) To maintain certification, an individual must be
     (B) At least two years of experience in a related field                recertified as described in the recertification section of these
(e.g., lead, asbestos, or environmental remediation work) or                rules.
in the building trades.                                                          (4) Certification shall be nontransferable.
     (2) In order to be eligible to take the certification exami-           [Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-134,
nation for a particular discipline, an individual must:                     filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)
     (a) Successfully complete an accredited course in the                  [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.-
                                                                            060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-134, filed
appropriate discipline and receive a course completion certif-              4/29/04, effective 5/30/04.]
icate from an accredited training program.
     (b) Meet or exceed the education and experience require-                    365-230-150

                                                                                 WAC 365-230-150 Application requirements for an
ments described in this section.
                                                                            individual. (1) Applications for an individual shall be sub-
     (c) Submit a completed application as described in WAC
                                                                            mitted on forms prescribed by the department and shall be
365-230-150.
                                                                            accompanied, as appropriate, by either:
     (3) An individual may take the certification exam no
                                                                                 (a) Documentation that the applicant has met the
more than three times within six months of receiving a course
                                                                            required training, experience, and education requirements as
completion certificate.
                                                                            described in WAC 365-230-132 or 365-230-134. Acceptable
     (4) If an individual does not pass the certification exam
                                                                            documentation includes the following:
and receive a certificate within six months of receiving
                                                                                 (i) As proof of meeting the training requirements, a valid
his/her course completion certificate, the individual must
                                                                            lead-based paint training course completion certificate issued
successfully complete the appropriate lead-based paint
                                                                            by a department-accredited training provider.
course from an accredited training program before reapplying
                                                                                 (ii) As proof of meeting the work experience require-
for certification from the department.
                                                                            ments, documentation must include name and address of
     (5) A passing score on third-party, qualifying examina-
                                                                            employer, name and telephone number of supervisor;
tion administered by the department is seventy or above.
                                                                            employment dates, description of specific duties performed.
     (6) After successfully completing the appropriate train-
                                                                            The supervisor or employer must sign the documentation ver-
ing and application requirements as described in these rules,
                                                                            ifying that the information is true and correct. A self-
an individual shall be certified by the department.
                                                                            employed individual must provide the name, address and
     (7) To maintain certification, an individual must be
                                                                            Uniform Business Identifier of business, dates of self-
recertified as described in WAC 365-230-170.                                employment, and a description of specific duties. Documen-
     (8) Certification shall be nontransferable.                            tation of work experience must be provided on the appropri-
[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-132,         ate departmental form.
filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)
[70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.-
                                                                                 (iii) As proof of meeting the educational requirements,
060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-132, filed    documentation such as an official transcript or diploma; or
4/29/04, effective 5/30/04.]                                                     (b) Documentation that the applicant holds a valid certi-
                                                                            fication in the appropriate discipline issued by EPA or by an
                                                                            EPA-authorized state or tribe.
     365-230-134

     WAC 365-230-134 Abatement worker and project
designers. (1) To become certified by the department as an                       (i) Applicants seeking certification based on an EPA or
abatement worker or project designer, pursuant to the certifi-              EPA-authorized state or tribal certification must document to
cation of individuals section of these rules, an individual                 the department that they have read and will comply with the
must:                                                                       certification and work practice standards of these rules.
     (a) Successfully complete an accredited course in the                       (ii) Certification based on an EPA or EPA-authorized
appropriate discipline and receive a course completion certif-              state or tribal certification shall be issued with an expiration
icate from an accredited training program.                                  date not to exceed the date of expiration listed on the EPA or
     (b) Meet or exceed the following additional experience                 EPA-authorized state or tribal certification.
and/or education requirements:                                                   (2) All applications for certification shall be accompa-
     (i) Abatement workers. No additional experience and/or                 nied by:
education requirements.                                                          (a) Two current passport-size photos.
     (ii) Project designers.                                                     (b) Applicant's name, signature and date.
     (A) Successful completion of an accredited training                         (c) A check or money order made out to the department
course for supervisors; and                                                 of community, trade, and economic development in the
     (B) Successful completion of an accredited training                    amount as described in the certification fees section of these
course for project designers; and                                           rules.
     (C) Bachelor's degree in engineering, architecture, or a                    (3) Application materials can be obtained by mail from
related profession, and one year of experience in building                  Department of Community, Trade, and Economic Develop-
construction and design or a related field; or                              ment, Lead-Based Paint Program, P.O. Box 42525, Olympia,
(2009 Ed.)                                                                                                                 [Title 365 WAC—p. 101]
365-230-160                                      Title 365 WAC: Community Development

WA 98504-2525, by phone, 360-586-5323, or electronically                         (4) A certified firm may not conduct lead-based paint
at http://www.cted.wa.gov/lead.                                             activities, as described in WAC 365-230-200, if, at any time,
[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-150,         it does not have in force the minimum bonding or insurance
filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)   coverage described in this section.
[70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.-        (5) The firm shall maintain all records pursuant to WAC
060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-150, filed
4/29/04, effective 5/30/04.]
                                                                            365-230-200.
                                                                                 (6) Certification is transferable in the instance of acqui-
     WAC 365-230-160 Recertification. (1) To maintain
     365-230-160                                                            sition of a certified firm by another entity. The acquiring firm
certification in a particular discipline, a certified individual            must notify the department within thirty days of the change of
shall apply to and be recertified by the department in that dis-            ownership of any changes to information submitted on the
cipline either:                                                             original application.
     (a) Every three years after the original date of issue if the               (7) The certification period for firms is three years from
individual completed a training course with a course test and               the date certification is issued.
hands-on assessment; or                                                          (8) To retain certification, a firm shall submit to the
     (b) Every five years if the individual completed a train-              department an application and documentation as described
ing course with a proficiency test.                                         above prior to the expiration date listed on the firm's certifi-
     (2) An individual shall be recertified if the individual:              cation.
     (a) Successfully completes the appropriate accredited                  [Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-170,
refresher training course; and                                              filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)
                                                                            [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.-
     (b) Submits a valid copy of the appropriate refresher                  060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-170, filed
course completion certificate; and                                          4/29/04, effective 5/30/04.]
     (c) Complies with the following application require-
ments established by the department:                                             365-230-180

                                                                                 WAC 365-230-180 Application requirements for a
     (i) Submit a complete and signed application; and                      firm. (1) Applications for a firm shall be submitted on forms
     (ii) Submit two recent passport-size photographs; and                  prescribed by the department and shall be accompanied, by
     (iii) Submit a check or money order made out to the                    the following:
department of community, trade, and economic development                         A letter of compliance, signed by an officer of the firm,
in the amount as described in WAC 365-230-260.                              or an individual authorized to sign on the firm's behalf, certi-
     (3) Application materials can be obtained by mail from                 fying the following:
Department of Community, Trade, and Economic Develop-                            (a) The firm will employ only certified employees of the
ment, Lead-Based Paint Program, P.O. Box 42525, Olympia,                    appropriate discipline to conduct lead-based paint activities
WA 98504-2525, by phone, 360-586-5323, or electronically                    as prescribed in these rules.
at http://www.cted.wa.gov/lead.                                                  (b) The firm will follow the standards for conducting
     (4) An individual whose certification expires may obtain               lead-based paint activities as prescribed in these rules.
certification by completing the requirements described in                        (c) The firm shall maintain all records pursuant to these
WAC 365-230-150 and 365-230-130.                                            rules.
[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-160,              (2) A check or money order made out to the department
filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)   of community, trade, and economic development in the
[70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.-
060, 70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-160, filed    amount as described in WAC 365-230-260.
4/29/04, effective 5/30/04.]                                                [Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020,
                                                                            70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080,
                                                                            70.103.090. 04-10-037, § 365-230-180, filed 4/29/04, effective 5/30/04.]
      WAC 365-230-170 Certification of firms. (1) No firm
     365-230-170




shall perform or offer to perform any of the lead-based paint                    365-230-190



activities described in WAC 365-230-200 without first being                      WAC 365-230-190 Approval or disapproval of certi-
certified by the department. All certified firms shall employ               fication. (1) The department may disapprove an application
only appropriately certified individuals to conduct lead-based              for certification for the following reasons, including, but not
paint activities. The firm is responsible for ensuring that its             limited to:
employees follow the work practice requirements described                        (a) Failure to complete application in accordance with
in WAC 365-230-200.                                                         these rules, or department policy or instructions;
      (2) A firm seeking certification shall submit to the                       (b) Failure to satisfy eligibility requirements for certifi-
department a complete application as described in this sec-                 cation;
tion.                                                                            (c) Failure to satisfy training requirements;
      (3) A firm seeking certification must provide documen-                     (d) Failure to provide required documentation or infor-
tation that it either:                                                      mation requested by the department;
      (a) Meets the current minimum requirements of the                          (e) History of citations or violations of existing regula-
department of labor and industries regarding a surety bond                  tions or these rules, regulations including execution of a con-
and insurance; or                                                           sent agreement in settlement of an enforcement action;
      (b) Has in force a business, e.g., liability, errors and                   (f) History of revocation of a certificate;
omissions, insurance policy in the minimum amount of five                        (g) Making false or misleading statements in the applica-
hundred thousand dollars.                                                   tion;
[Title 365 WAC—p. 102]                                                                                                                    (2009 Ed.)
                                                                Lead-based Paint                                             365-230-200

     (h) Permitting the duplication or use of the individual's                   (a) Locations shall be selected according to documented
own certificate by another;                                                methodologies and tested for the presence of lead-based paint
     (i) Having been subject to a final administrative order               as follows:
imposing a civil penalty or a criminal conviction for engag-                     (i) In target housing and child-occupied facilities, each
ing in a prohibited act under department.                                  interior and exterior component with a distinct painting his-
     (2) In the case of disapproval, a letter describing the rea-          tory shall be tested for lead-based paint, except those compo-
sons for disapproval shall be sent to the applicant. Prior to              nents determined to have been replaced after 1978 or deter-
disapproval, the department may, at its discretion, work with              mined to not contain lead-based paint; and
the applicant to address inadequacies in the application for                     (ii) In a multifamily dwelling or child-occupied facility,
certification. The department may also request additional                  each component with a distinct painting history in every
materials under the recordkeeping requirements of WAC                      common area shall be tested, except those components deter-
365-230-200(8). If an individual or firm's application for cer-            mined to have been replaced after 1978 or determined to not
tification has been disapproved, the program may reapply for               contain lead-based paint.
certification at any time.                                                       (b) Paint shall be tested for the presence of lead using
                                                                           documented methodologies which incorporate sampling
[Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020,      quality control procedures and all paint chip, dust, and soil
70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080,
70.103.090. 04-10-037, § 365-230-190, filed 4/29/04, effective 5/30/04.]   samples shall be analyzed for detectable levels of lead by a
                                                                           laboratory accredited under the National Lead Laboratory
     365-230-200                                                           Accreditation Program (NLLAP).
     WAC 365-230-200 Work practice standards. (1)                                (c) Inspection reports shall be prepared and include at
Only certified individuals and the certified firms employing               least:
such individuals shall perform or offer to perform lead-based                    (i) Inspection date;
paint activities.                                                                (ii) Building address;
     (2) Documented methodologies that are appropriate for                       (iii) Date of construction;
this section are found in the following: The U.S. Department                     (iv) Apartment identification (numbers, letters, names if
of Housing and Urban Development (HUD) Guidelines for                      applicable);
the Evaluation and Control of Lead-Based Paint Hazards in                        (v) Name, address and telephone number of owner or
Housing (Revised, October, 1997); the EPA Guidance on                      owners of each unit;
Residential Lead-Based Paint, Lead-Contaminated Dust, and                        (vi) Name, signature, and certification number of each
Lead-Contaminated Soil; the EPA Residential Sampling for                   inspector or risk assessor conducting testing;
Lead: Protocols for Dust and Soil Sampling (EPA report                           (vii) Name, address and telephone number of the certi-
number 7474-R-95-001); regulations, guidance, methods or                   fied firm employing each inspector or risk assessor;
protocols issued by this department; any other equivalent                        (viii) Each testing method and device or sampling proce-
methods and guidelines.                                                    dure employed for paint analysis, including sample quality
     (3) Clearance levels appropriate for the purposes of this             control data, and if used, the serial number of any X-ray flu-
section may be found in subsection (8)(c)(v) of this section or            orescence (XRF) device; and
other equivalent guidelines.                                                     (ix) Specific locations of each painted component tested
     (4) Work practice requirements. Applicable certifica-                 and the results of the inspection expressed in appropriate
tion, occupant protection, and clearance requirements and                  units for the sampling method used.
work practice standards are found in regulations described in                    (6) Lead hazard screen. A lead hazard screen shall be
this section, and in regulations issued by the Department of               conducted only by a person certified by the department as a
Housing and Urban Development (HUD) at 24 CFR part 35,                     risk assessor and shall be conducted as follows:
subpart R.                                                                       (a) Background information shall be collected about the
     (a) The work practice standards in those regulations do               physical characteristics of the target housing or child-occu-
not apply when treating paint-lead hazards of less than:                   pied facility and occupant use patterns that may cause lead-
     (i) Two square feet of deteriorated lead-based paint per              based paint exposure to one or more children age six years
room or equivalent;                                                        and under shall be collected.
                                                                                 (b) A visual inspection shall be conducted to determine
     (ii) Twenty square feet of deteriorated paint on the exte-
                                                                           the presence of any deteriorated paint and locate at least two
rior building; or
                                                                           dust sampling locations.
     (iii) Ten percent of the total surface area of deteriorated                 (c) If deteriorated paint is present, each deteriorated
paint on an interior or exterior type of component with a                  paint surface determined using documented methodologies,
small surface area.                                                        and to have a distinct painting history shall be tested for the
     (b) When performing any lead-based paint activity                     presence of lead.
described as a lead-based paint inspection, lead hazard                          (d) In residential dwellings, two composite dust samples
screen, risk assessment or abatement, a certified individual               shall be collected, one from the floors and the other from the
must perform that activity in compliance with these rules,                 windows, in rooms, hallways or stairwells where one or more
documented methodologies, work practice requirements, and                  children age six or under are likely to come in contact with
the work practice standards described in this section.                     dust.
     (5) Inspection. Only a person certified by the department                   (e) In multifamily dwellings and child-occupied facili-
as an inspector or risk assessor may conduct an inspection.                ties, floor and window composite dust sampling shall be con-
(2009 Ed.)                                                                                                          [Title 365 WAC—p. 103]
365-230-200                                Title 365 WAC: Community Development

ducted as specified for conducting lead hazard screens in res-           (i) Exterior play areas where bare soil is present; and
idential dwellings in the Work Practic