WSR 05-13-144

EMERGENCY RULES

BUILDING CODE COUNCIL


[ Filed June 21, 2005, 10:19 a.m. , effective July 1, 2005 ]


Purpose: To amend chapter 51-50 WAC, State Building Code adoption and amendment of the 2003 edition of the International Building Code, to eliminate the wired glass safety glazing exception in Section 2406.1.2.

Citation of Existing Rules Affected by this Order: Amending [new section] WAC 51-50-2406.

Statutory Authority for Adoption: RCW 19.27.031 and 19.27.074.

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 certain council rules 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 council's adoption of chapter 51-50 WAC, the state amended 2003 edition of the International Building Code (IBC), published by the International Code Council (ICC), took effect July 1, 2004. The membership of the ICC voted in 2004 to delete an exception in the IBC allowing wired glass installed in hazardous locations to meet a safety standard different than that of other types of glass. In reviewing the actions of the ICC, the council found compelling reason to adopt immediately the amended version of Section 2406.1 found in the 2004 supplement to the IBC.

The council finds that wired glass installed in hazardous locations where it may be subject to human impact poses a significant threat to the life safety of the citizens of the state of Washington. When broken, the exposed wire mesh pose a significant risk and can cause severe injury to entrapped limbs or impacting body parts. Wired glass manufactured to ANSI Z97.1 is more prone to breakage than other safety glazing products produced. Consumer Products Safety Commission surveillance data show over 2,500 glass door injuries per year in the United States. Experts estimate that 90% of these injuries involved wired glass. In light of these findings, the council determined that the exception allowing wired glass conforming to ANSI Z97.1 should be deleted from the Washington State Building Code.

The amendment herein takes into consideration the general welfare and safety of the public by requiring wired glass to meet Consumer Products Safety Commission 16 C.F.R. part 1201. In order to provide immediate relief, the council finds it necessary to adopt the amendment as an emergency rule. 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 [1], 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-8153.1


NEW SECTION
WAC 51-50-2406   Section 2406 -- Safety glazing.  


2406.1.2 Wired glass. This section is not adopted.

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Washington State Code Reviser's Office