WSR 99-01-089

PERMANENT RULES

DEPARTMENT OF COMMUNITY,

TRADE AND ECONOMIC DEVELOPMENT

[Filed December 16, 1998, 4:10 p.m.]



Date of Adoption: December 14, 1998.

Purpose: To adopt amendments of chapter 365-110 WAC that eliminate obsolete references and change the definition of "building permit" as it pertains to the state building code fee.

Citation of Existing Rules Affected by this Order: Amending WAC 365-110-010 and 365-110-035.

Statutory Authority for Adoption: RCW 43.330.040(2) and 19.27.070(3).

Adopted under notice filed as WSR 98-14-069 on June 30, 1998.

Changes Other than Editing from Proposed to Adopted Version: Testimony received on this rule was largely against including separate plumbing and mechanical permits as part of the building permit definition, so that portion of the proposed rule was not adopted and the reference to plumbing and mechanical permits was retained in the last sentence of WAC 365-110-035.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 2, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 2, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 2, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

December 16, 1998

Jean L. Ameluxen

Legislative Liaison

OTS-2305.2

AMENDATORY SECTION (Amending Order 85-10, filed 9/13/85)



WAC 365-110-010  Authority. These rules are adopted under the authority of RCW ((43.63A.060)) 43.330.040(2) which provides that the director shall make such rules and regulations and do all other things necessary and proper to carry out the purposes of chapter ((43.63A)) 43.330 RCW. ((RCW 43.63A.065(2) provides that among its functions and responsibilities the department shall administer state and federal grants and programs which are assigned to the department by the governor or the legislature.))



[Statutory 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), § 365-110-010, filed 9/13/85.]



AMENDATORY SECTION (Amending Order 90-01, filed 4/6/90, effective 5/7/90)



WAC 365-110-035  Definitions. 1. Department shall mean the department of community, trade, and economic development.

2. State Building Code fee shall mean a fee which is required to be collected by cities and counties pursuant to chapter 19.27 RCW. Funds collected shall be used exclusively to implement the provisions of chapters 19.27 and 19.27A RCW.

3. Building permit shall mean a permit issued by a city or a county to construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure regulated by the Uniform Building Code as set forth in the Uniform Building Code, section ((301)) 106.1. This definition shall be subject to the exemptions contained in section ((301)) 106.2 of the Uniform Building Code. ((Building permit shall include an installation permit or other permit issued by a city or county for a mobile/manufactured home, commercial coach, or factory built structure as defined and regulated by chapters 296-150A and 296-150B WAC.)) Building permits shall not include plumbing, electrical, mechanical permits, or permits issued pursuant to the Uniform Fire Code.



[Statutory Authority: Chapters 19.27 and 19.27A RCW. 90-09-008 (Order 90-01), § 365-110-035, filed 4/6/90, effective 5/7/90. Statutory 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 (Order 87-19), § 365-110-035, filed 9/18/87. Statutory 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), § 365-110-035, filed 9/13/85.]

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