HomeMy WebLinkAbout2025/11/12 - BOH PacketMason County Public Health
415 N 6th Street, Bldg. 8, Shelton WA 98584,
Phone: (360) 427-9670 ext. 869 ❖ Fax: (360) 427-7787
If special accommodations are needed, please contact McKenzie Smith at (360) 427-9670 ext. 589 or at
msmith@masoncountywa.gov.
MASON COUNTY BOARD OF HEALTH
November 12, 2025
10:00 A.M.
Commission Chambers
411 North 5th Street
Shelton, WA 98584
DRAFT AGENDA
1. Welcome and Introductions Chair
2. Approval of Agenda – ACTION Board Members
3. Environmental Health Ian Tracy
a. Draft OSS Code Enforcement Deferral Policy
4. Other Business and Board Discussion Board Members
5. Public Comments
6. Adjourn
Environmental Health Briefing
TO: Mason County Board of Health
FROM: Ian Tracy, Environmental Health Manager
DATE: July 22nd, 2025
ITEM: Draft OSS Code Enforcement Deferral Policy
SUMMARY: We are accumulating a growing number of code enforcement cases involving
properties where the owners are unable to install a septic system. In some cases, it is for financial
reasons, and in others it is due to the code restricting minimum land area, or both.
At the July 22 Board of Health meeting we discussed several example cases and the Board voted
to create a policy to defer code enforcement in certain cases.
REQUESTED ACTION: Review draft policy, discuss changes, and if appropriate, vote to approve
policy.
ATTACHMENTS: Draft Policy
ENFORCEMENT ALTERNATIVES
Background: Mason County Environmental Health has found that circumstances occur where
owner/occupants are unable to install a septic system per MCC6.76.065(1). Typically, this is on undersized
lots that were platted prior to the standards established in WAC 246-272A. The Mason County Board of
Health has chosen to defer enforcement action when the following criteria are met:
• The property is owner-occupied, and the residents are living in RVs or tents. No homes or
permanent dwelling units are present.
• The residents are utilizing accessory holding tanks or chemical toilets for the storage of all
sewage generated on the property.
• Sewage is regularly removed by Mason County Certified OSS Pumpers and disposed of at
locations that are approved by WA Dept. of Ecology.
• No other public health threats are identified.
Property Owner requirements:
• Pump all chemical toilets or tanks at regular intervals to prevent overflow.
• Provide receipts for all pumpings to the department within 30 days of service.
• Allow the department to inspect the property within 30 days of receiving request. Requests to
inspect will typically be in response to complaints of improper sewage disposal.
• Notify the department within 48 hours if a sewage spill occurs.
• Sign an agreement provided by the department acknowledging the conditions of enforcement
deferral.
The Department shall record a notice to title informing the public that the property will be posted for Non-
Occupancy if the property is sold or transferred to new owners. The non-occupancy will be lifted once the
property has a permitted septic system installed. The new owners will be responsible for paying the cost of
recording the notice lifting the Non-Occupancy.
Roderic J. Dohleman
Taxpaying Citizens of Golden Pheasant
October 07, 2025
Mason County Board of Health
411 N 5th St
Shelton, WA 98584
360-427-9670 x 274
Mason County Board of Health:
I wanted to o7er my experience living in an RV as an example why the “Draft OSS
Enforcement [D]eferral Policy” should be restricted to allow only in-ground holding tanks and
not chemical toilets (commonly known as porta potties).
Construction delays during the build of my home here in Mason County required me to live
in an RV for nearly 30 months, initially in an RV park and subsequently on the parcel. When
I first relocated to the tax parcel following construction of the driveway, and while installation
of our septic system was pending adequate spring weather, I held a seasonal pass to empty
the RV sewage tanks at Sundance RV Center. Despite my best e7orts, the longest the two of
us (and one unhappy dog) could go before needing to empty the 22 gallon black water
tank/26 gallon grey water tank was 5 days – and that was with us only showering/washing
dishes at our rental property in Grays Harbor County.
I was quite relieved when our septic became functional in late March 2022. However,
successfully draining our sewage into the septic clean out (which was approximately 3
inches above ground) yielded several unforeseen challenges. 1.) I learned quickly that you
cannot just leave the drain port open with an RV drain hose run to the septic – no matter how
carefully you try to create a steady decline from RV to septic. Unlike indoor plumbing, very
little water is flushed with solids from the RV, and the solids tend to stop transiting
somewhere along the line. This forms a clog which slowly backs sewage up to the nearest
hose connection, which begins weeping sewage. 2.) Instead, you must keep the ports closed
and only release the black water tanks at the same time as the grey water tank to flush the
solids forward. Even then, you must walk along the drain hose, lifting it up in sections to
force the sewage forward. I needn’t tell you it is an unpleasant odorous task. 3.)
Occasionally the hose would swell and split, or deteriorate in sunlight and burst. 4.) In the
winter, the sewage would sometimes freeze and you would be stuck waiting for a thaw. The
incentive was certainly there to just let the sewage flow into the surrounding forest and
simply go about my life, but instead for nearly 30 long months I performed this dance.
The situation was further complicated during the two weeks when our septic line was being
extended into the foundation of our home and we could not empty into the septic port, as it
ran the risk of backflowing into the foundation. I had the bright idea of emptying the RV into
the construction porta potty. Quickly I realized the rim of the toilet seat in the porta potty
was HIGHER than the outlet port on the RV, and water doesn’t flow uphill. Ultimately, I
dragged the porta potty down into the foundation hole – problem solved. Or so I thought. It
turns out our 4 days of wastewater exceeded what our 50 gallon unit could hold (we failed to
account for what the construction crews had already contributed), and I overflowed it. Not
only was it a mess to shovel the contaminated soil into trash bags, but getting the now heavy
porta potty out of the foundation required 3 people. HoneyBucket was displeased.
Now, we were quite motivated to prevent and/or contain and clean up spills. Allow me to
describe what occurred on the sister lot – on the other end of our building envelope. Two
adults moved onto the parcel and set up multiple trailers, sheds, tents, and a retired WSDOT
o7ice trailer – each with attached lean-to’s and pallet walkways preventing them from being
hauled out for emptying the septic drains. They had no means of sewage disposal or trash
service for 12 months. We asked what they were doing for sanitation and were told they lined
their toilets with trash bags, filled with kitty litter, and disposed of the scoopings at
Starbucks. While we did witness them driving away with garbage bags in their Suburban, we
also witnessed them entering the wetland weekly with a wheelbarrow loaded with 5 gallon
buckets. They were connected via a hose to the non-potable spigot on our shared well, and
the controls showed significant water usage. When asked, they stated they watered their
garden with the wastewater.
When the 12-month mark ticked past and it became clear they had no intention of building
a permitted structure, we filed a code enforcement complaint to stop the sewage dumping
on our well head. We assumed they would be given a timeline for septic construction and
assumed they could a7ord to do so – after all, they had just paid $105k in cash for the
property and surely didn’t buy a property with no provision for installing basic sanitation.
Incorrect. Upon receiving the complaint, we were confronted by the neighbor – quite
agitated – that she had moved to Mason County because this County doesn’t enforce code.
She claimed to have received assurances from a County o7icial that she would be shielded
from enforcement and at most would be required to obtain a porta potty. She was correct
on all fronts. Environmental Health dismissed our complaint after making her obtain a porta
potty, and a subsequent public records act request produced an email thread in which an
Environmental Health employee coordinated with the neighbor to shield them from further
enforcement. We hired an attorney who refiled the complaint, reminding Environmental
Health that WAC 246-272A-0240 prevents the use of porta potties (which are defined by
Washington State as a type of holding tank sewage system) on residential lots except for
temporary emergencies or during repairs. The complaint was dismissed again. To remedy
the situation, we were required to file a nuisance lawsuit. Eleven months, $30,000+ in legal
fees, and $137,000 in real estate costs later, we owned the neighboring lot.
What did we discover? On the day of the neighbor’s departure (May 16, 2023), the exposed
clay on the lot was baked to hardpan from the unusual 90-deg temps with surface cracking
– but the clay underneath the trailers was wet and took over 3 weeks to dry out (serially
photographed). Photographs of the trailer set up previously sent to Environmental Health
showing a hose connected to the drain port of the main travel trailer and running away from
the porta potty and instead disappearing from view within the attached lean-to “Cat Patio,”
coupled with examination of the ground disturbance post departure, supported the
neighbors’ claim they were sending their greywater to their garden – with overflow into the
wetland just on the other side of the garden. Soil samples analyzed at Spectra Labs and
provided to Environmental Health revealed soil contamination.
It was a tale of two lots. On ours, we worked hard to adequately dispose of sewage, though
we were exhausted by the constant e7ort. The other lot is an example of what likely more
typically occurs – sewage dumping. Mason County would be wise to limit the proposed code
enforcement deferral to only in-ground holding tanks with a solid-piped, inspectable
connection and explicitly prohibit porta potty usage.
Roderic J. Dohleman
Taxpaying Citizens of Golden Pheasant
Ryan P. Finn, DO
Taxpaying Citizens of Golden Pheasant
September 19, 2025
Mason County Board of Health
411 N 5th St
Shelton, WA 98584
360-427-9670 x 274
Mason County Board of Health:
I represent the citizen’s group Taxpaying Citizens of Golden Pheasant. We have been
monitoring the BOH meeting minutes and recently noticed there is a “Draft OSS
Enforcement Referral Policy” being considered on Tuesday, September 23, 2025. The
changes go right to the core of why we exist as an organization. We would like to provide
some feedback on how the draft can be updated to avoid unintended consequences for
code-abiding neighboring property owners:
1.) Only Undersized Lots Should be Eligible:
The preamble and previous meeting minutes discuss the need for this change
being due to undersized lots platted prior to modern septic regulations (in WAC
246-272A) not being able to install septic systems. But status as an “undersized
lot” is not included as an actual requirement. As written, this exemption would
allow any owner of a vacant lot to set up an RV or tent encampment using solely
a porta-potty (defined under WAC 246-272A as a “Holding Tank Sewage System”).
2.) Eligibility Should be Limited to Situations Existing as of the Date of Adoption:
Living permanently in an RV (unless the RV is rendered non-mobile and set up as
a manufactured home) is illegal under County Code, State Code, the International
Building Code, and the National Electrical Code (see below). This has always
been the case with the IBC and state code, and the local code dates back to 1991.
However, we understand there is a unique situation with current residents
allowed to live in this fashion due to the County previously not enforcing code.
This exemption should only apply to those citizens induced into believing their
living situation was legal by the County’s inaction. We should not encourage
additional people to move out onto land in illegal fashion.
Lots that are too small to install a septic are intended for recreation only. Their
value is lowered accordingly. Under code, people may park their camper on them
for the summer (up to 180 days) but cannot live there permanently without buying
adjacent lots and recombining them into a lot suitable for septic installation.
Unfortunately, the lower price point makes these lots an easy access point for
people to come set up camps utilizing unpermitted living situations. The County
needs to be firm in enforcing its codes [alternatives listed below].
3.) The Exemption Should Sunset, Not be Life-Long:
As written, this exemption would allow people to live in illegal fashion for the
duration of their lives. It is unclear whether inheritance counts as a sale to a new
owner, meaning this may be a generational exemption.
Instead, the exemption should sunset after a period of time – our suggestion is 10
years. The resident would have 10 years to remedy whatever is preventing them
from building a permitted structure on the lot or return the lot to recreational use.
4.) We Strongly Urge Limiting the Exemption to Underground Tanks, not Porta
Potties:
Allowing permanent use of porta potties not only violates WAC 246-272A-0240,
but it is likely to lead to spilled sewage. RV’s have indoor plumbing which drains
to the outside. It is typically very difficult to connect that outlet to a porta potty,
and such connections will freeze. Under such challenging conditions, most
residents would simply let their grey water flow to the ground. We believe most
would still likely use the porta potty for black usages, but this is questionable in
cold weather. There will be instances where individuals simply direct a hose from
their RV outlet to the nearest wooded area or creek. One of our members
experienced this exact scenario directly with a neighbor who buried an outlet hose
in clay for 20’, then mulch for an additional 20’, to reach a small garden and the
wetland behind it.
Requiring an in-ground tank prevents these scenarios. A solid, inspectable
connection can be achieved and the resident is highly likely to remain in
compliance.
We note from Ian Tracy’s July 22, 2025 memo that the impetus for drafting this exemption
stems from Environmental Health receiving “a growing number of code enforcement cases
involving” these properties. In other words, a growing number of voting citizens are upset
with this situation (people living in illegal camps in violation of code) and have turned to their
County officials for help – by simply enforcing code as written. Instead, Mr. Tracy here
attempts to preempt those citizens by taking action to prevent them from ever addressing
their concerns. Mr. Tracy was made very aware of the illegality of these living situations, as
discussed below, during direct engagement in 2023-24. We question why he continues to
search for ways to back-door approve what simply is not allowed. Looking for solutions, we
provide alternative suggestions below.
Pertinent Code
MCC 16.22.050 – Definitions: [Mobile Homes and Trailer Parks]
“… provided further that recreational vehicles set up in a permanent fashion, as
defined by the building code, shall be permitted as residences.”
Relevance: this provision complies with the IBC, which requires that RV’s lived in
for more than 180 days must meet be installed in the same fashion as a mobile
home. Proper permits must be pulled and County inspections must occur in
order to receive a certificate of occupancy.
International Building Code, Sec G110:
“Recreational vehicles that are not fully licensed and ready for highway use, or
that are to be placed on a site for more than 180 consecutive days, shall meet the
requirements of Section G109 for manufactured homes.”
The IBC also more generally states that any structure, defined as “that which is
built or constructed,” placed into occupancy for more than 180 days must comply
with the IBC codes most applicable to it. [see Definitions and Sec 3103).
National Electrical Code, Section 90.2(C):
Subjects RV’s to the NEC for purposes of electrical inspection
Sets standards for how electrical service is supplied to permanent RV’s/mobile
homes and inspected (ie, underground or overhead feeders – no permanent
extension cord use)
WAC 246-272A-0240: Holding Tank Sewage Systems
Prevents permanent use of holding tank sewage systems (to include porta potties)
on residential lots except for temporary emergencies and repairs
This applies to all residential lots – undersized or otherwise
The purpose for the WAC is to prevent sewage spills. Holding tanks are prone to
misuse. Primarily, they are extremely expensive to maintain, requiring pumping
on a weekly to bi-weekly basis. When used as a solution for indigent citizens, the
incentive exists to keep as much waste out of the tanks as possible in order to
reduce pumping costs. The easiest means to achieve this is to allow greywater to
drain to ground or the nearest creek. One of our members experienced this exact
scenario in 2022-2023, despite EH’s direct oversight.
The Board’s letter to the BOH requesting changes to this provision is ill-
considered. To begin, the wording is incorrect. WAC 246-272A-0240 prohibits
holding tank usage for ALL residential property, not just undersized lots. The
reasons for this, listed above, are sound. Permanently living in an RV is illegal
under local, state, and international building codes, unless that RV is rendered
nonmobile and installed like a manufactured home – which in turn directly
requires a septic system. Therefore, the only purpose for amending WAC 246-
272A-0240 would be to cover the illegal living situations created by the County’s
prior nonenforcement of code and addressed in the subject “Draft OSS
Enforcement Referral Policy.” Because no more of these situations should be
allowed to develop and because the County should include a sunset provision on
the proposed exemption which would lead to resolution of these properties within
10 years, no change to WAC 246-272A-0240 is warranted. There are better
solutions to the housing crisis than allowing people to live in squalor, and we
provide suggestions below.
Alternative Solutions
Most municipalities do not allow citizens to live permanently in RV’s, without exception.
Those which do follow the IBC and require the RV to be set up in the same fashion as a mobile
home (secured to footings, permanent electrical connection, septic system, county
permitting and inspections, ultimately a certificate of occupancy). This is exactly how
Mason County Code reads, and the code should be followed.
If a person cannot afford to meet basic living conditions on a parcel, it is inhumane to turn a
blind eye and allow them to live in squalor, in turn robbing adjacent rural residents of the one
wealth-building tool generally available to them – property value. Property value is
something residents can borrow against (HELOC) in hard times to fund repairs or emergency
expenses. Reduced property values = reduced wealth with resultant financial
destabilization. Everyone involved suffers harm.
Instead, the County should consider alternative housing options for those who cannot afford
to establish basic living conditions on rural land. Most municipalities utilize RV parks and
Mobile Home parks for this purpose. Mason County should consider amending code to
allow citizens to set their RV’s up in permanent fashion at Mobile Home parks (again, by
removing the wheels, affixing to footings, and establishing a permanent electrical
connection), where the park is providing access to sewage disposal. Mason County should
incentivize Mobile Home parks and RV parks to expand to meet this growing housing need.
Bear in mind that RV parks are for temporary stays of up to 180 days; to stay permanently, a
person must be in a Mobile Home park and again set the unit up akin to a mobile home. [An
example of this type of code change is attached from the City of Republic in eastern
Washington].
That is likely the fastest approach which would yield results. More long-term, the County
should incentivize construction of multi-family living units, such as apartments, which tend
to have the lowest cost barrier to entrance. Incentivizing more small landlords to enter the
rental market may be yet another avenue. The key here is to incentivize, not penalize.
Property tax reductions may be a viable option here – perhaps reductions that increase the
longer tenants have lived on a property.
We do not need to invent new solutions which lower the standard of living; those who came
before us established viable solutions to these issues. We just need to follow their example.
Thank You for Your Time and Consideration,
Ryan P. Finn, DO
Taxpaying Citizens of Golden Pheasant
A Suggestion for Helping the Craft3 Couple
We noted in the BOH meeting minutes an issue involving a couple who purchased a home
with an advertised new septic tank which ultimately failed within 1 year. The couple is
ineligible for assistance from Craft3.
We believe there may be two options where the County could offer assistance:
1.) Put Pressure on the Installer:
o Mason County vets septic installers and only allows septic installation
from companies on the Approved Installers List
o This serves both a consumer protection and a public health function, as it
ensures only installers with a successful track record can be listed as an
approved installer
o A septic system failing within one year is a serious error – Mason County
should place pressure on the installer to assist the homeowner in
correcting the situation if they wish to remain approved as an installer in
this County
o Normally, a County exerting pressure on a company would be improper;
however, in this case it is exactly what the Approved Installers List is for –
to ensure only installers who provide a viable product are able to operate
in Mason County
2.) Alternatively, depending on the specific facts of the case, the new owners may
have a civil claim against the sellers. Government cannot solve all problems or
right all wrongs, but the Civil Litigation system exists for this purpose. The
financial barrier to access is VERY high. Mason County could have the
Prosecuting Attorney’s office reach out to various local firms and see if any would
accept the case as pro-bono work. There may be a young new-hire who needs the
experience.
A.
B.
C.
D.
1.
2.
3.
4.
5.
6.
7.
a.
b.
15.24.030 - Standards.
No recreational vehicle or tent shall be used as a permanent place of habitation or dwelling
within the city of Republic.
A recreational vehicle or tent may be used as a temporary place of habitation or dwelling outside
of a recreational vehicle park or campground for no more than thirty (30) days in any twelve-
month period. Provided, that a recreational vehicle may be used as a temporary place of
habitation or dwelling outside of a recreational vehicle park or campground for no more than one
hundred eighty (180) consecutive days when a person is constructing a permanent residence
upon a lot or property within the city of Republic.
Recreational vehicles may be used as a permanent place of habitation or dwelling within an
established recreational vehicle park or campground within the city of Republic.
All recreational vehicles used as a temporary place of habitation or dwelling outside of a
recreational vehicle park or campground, or recreational vehicles used as a permanent place of
habitation or dwelling within an established recreational vehicle park or campground within the
city of Republic shall have the following installation requirements:
All recreational vehicles shall be supplied with electrical power and shall connect to city sewer
and water utilities in accordance with the city of Republic standards. Use of a sewage holding
tank is not permitted. Power shall not be supplied by an extension cord from a main dwelling
or structure.
All recreational vehicles shall be installed on a pad no smaller than the entire footprint of the
unit. The pad shall be level concrete, asphalt, or three (3) inches minimum compacted gravel.
Drainage shall be directly away from the pad.
Tarps or other non-standard protection shall not be used on roofs, walls or windows of
recreational vehicles.
Recreational vehicles must be sheltered under a snow shed with a pitched roof before
occupancy. Snow sheds must be permitted structures.
All recreational vehicles shall comply with all requirements established by the city of Republic
and by the Washington Department of Labor and Industries (L & I). All recreational vehicles
shall display on the outside of the unit a L & I "green insignia" or "green seal," and shall
include facilities for living, cooking, bathing and sleeping.
Tent trailers may not be used as a temporary place of habitation or dwelling within the city of
Republic.
Each recreational vehicle must provide safe and functioning systems for:
Heating;
Cooling (which may include circulating fans);
9/19/25, 10:30 AM Republic, WA Code of Ordinances
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c.
d.
e.
f.
g.
h.
i.
8.
a.
b.
c.
9.
a.
b.
c.
10.
11.
12.
13.
14.
and cold water;
Electricity;
Plumbing;
Garbage disposal;
Sewage;
Artificial and natural light; and
Ventilation.
If the recreational vehicle is equipped with a separate bedroom, bedroom windows must not
be more than forty-four (44) inches above the floor, and one (1) bedroom window must have
the following:
Minimum opening area of 5.7 square feet; separate grade level floor window openings
may have a minimum clear opening of five (5) square feet;
A minimum opening height of twenty-four (24) inches and a minimum opening width of
twenty (20) inches; and
At least one (1) bedroom window must be able to be opened from the inside without keys
or tools.
All recreational vehicles must ensure approved automatic smoke detectors are:
Installed, at a minimum, in every bedroom used by an occupant;
Installed in a manner so that the fire warning is heard in all parts of the recreational
vehicle upon activation of a single detector; and
Kept in a working condition at all times.
The recreational vehicle must provide an approved five-pound 2A:108:C rated fire
extinguisher in the recreational vehicle, and ensure such fire extinguisher is installed
according to manufacturer recommendations, inspected and serviced annually, in proper
working order, and readily available for use at all times.
No oil, kerosene or electric portable space heaters may be used in the recreational vehicle,
except during a power outage when a portable heater is the only safe source of heat.
No recreational vehicle may be used as a temporary or permanent place of habitation or
dwelling until it has been inspected by the city of Republic building official.
The owner/occupant of the recreational vehicle shall give the city of Republic building official
notice when the unit is ready for inspection and shall not occupy the recreational vehicle until
approval has been given by the building official pursuant to each inspection. The inspection
shall ensure that all requirements of this code are met for each installation.
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15.
An inspection by the city of Republic building official may occur at any time, provided that the building
official shall provide the owner/occupant with seven-days' notice prior to inspection. Inspections without
notice may occur by the city of Republic building official in the event of an emergency or if the building
official determines that immediate action is necessary for the health, safety and welfare of the occupants or
the public.
Refusal to allow inspections by the owner/occupant as provided herein shall be deemed to be
a violation of this chapter. It is a violation of this chapter to use a recreational vehicle for
temporary or permanent place of habitation or dwelling unless such recreational vehicle has
been inspected and approved for occupancy by the city of Republic building official.
(Ord. No. 2023-4, § 1G, 10-16-2023)
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