WSR 05-13-142

EMERGENCY RULES

BUILDING CODE COUNCIL


[ Filed June 21, 2005, 10:16 a.m. , effective July 1, 2005 ]


Purpose: To amend the Washington State Energy Code to provide an exemption for residential cooling units 54,000 Btu/h and less from having to install an economizer.

Citation of Existing Rules Affected by this Order: Amending WAC 51-11-1423.

Statutory Authority for Adoption: RCW 19.27A.022, 19.27A.025, and 19.27A.045.

Other Authority: Chapters 19.27 and 34.05 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The state Building Code Council (council), based on the following good cause, finds that an emergency affecting the general welfare of the state of Washington exists. The council further finds that immediate amendment of a certain council rule is necessary for the public welfare and that observing the time requirements of notice and opportunity to comment would be contrary to the public interest.

The declaration of emergency affecting the general welfare of the state of Washington is based on the following findings:

The Washington State Energy Code amendment to Section 1423 contained herein as adopted by the council under emergency rule making pursuant to RCW 34.05.350, will provide economic relief to residential homeowners by reinstating the same economizer threshold as the previous code. To conserve energy and provide relief from rising energy costs, the state Building Code Council amended the economizer requirements under their authority in RCW 19.27A.045. The council lowered the threshold for cooling units installed outdoors or in a mechanical room adjacent to outdoors from 54,000 Btu/h to 20,000 Btu/h.

This change may have unanticipated consequences for residential buildings. This could ultimately result in undue expense for homeowners for equipment that may not be necessary in residential applications. The council finds this may be an economic burden and immediate adoption of this amendment is necessary so as to preempt the new regulation coming into place July 1, 2005. The council finds it should not impose the new standards on residential buildings. The amendment herein takes into consideration the general welfare of the public by reverting back to the previous economizer requirement for residential buildings. The council also has taken the necessary steps to adopt a permanent rule. The permanent rule will not be effective until the end of the 2006 legislative session as per RCW 19.27.074.

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 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, 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 0, Repealed 0.

Date Adopted: June 10, 2005.

John Neff

Council Chair

OTS-8152.1


AMENDATORY SECTION(Amending WSR 05-01-013, filed 12/2/04, effective 7/1/05)

WAC 51-11-1423   Economizers.   Economizers meeting the requirements of Section 1413 shall be installed on:

a. Cooling units installed outdoors or in a mechanical room adjacent to outdoors having a total cooling capacity greater than 20,000 Btu/h including those serving computer server rooms, electronic equipment, radio equipment, telephone switchgear; and

b. Other cooling units with a total cooling capacity greater than 54,000 Btu/h, including those serving computer server rooms, electronic equipment, radio equipment, and telephone switchgear.

Exception: For Group R Occupancy, economizers meeting the requirements of Section 1413 shall be installed on single package unitary fan-cooling units having a total cooling capacity greater than 54,000 Btu/h.
The total capacity of all units without economizers (i.e., those units with a total cooling capacity less than a. and b. above) shall not exceed 240,000 Btu/h per building, or 10% of its aggregate cooling (economizer) capacity, whichever is greater. That portion of the equipment serving Group R Occupancy is not included in determining the total capacity of all units without economizers in a building.

[Statutory Authority: RCW 19.27A.025, 19.27A.045 and chapters 19.27, 19.27A, and 34.05 RCW. 05-01-013, 51-11-1423, filed 12/2/04, effective 7/1/05. Statutory Authority: RCW 19.27A.025, 19.27A.045. 02-01-112, 51-11-1423, filed 12/18/01, effective 7/1/02; 01-03-010, 51-11-1423, filed 1/5/01, effective 7/1/01; 98-03-003, 51-11-1423, filed 1/8/98, effective 7/1/98. Statutory Authority: RCW 19.27A.025. 93-21-052, 51-11-1423, filed 10/18/93, effective 4/1/94.]

Washington State Code Reviser's Office