WSR 07-09-102

PROPOSED RULES

BUILDING CODE COUNCIL


[ Filed April 18, 2007, 11:26 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-03-165.

Title of Rule and Other Identifying Information: Chapter 51-04 WAC, Policies and procedures for consideration of statewide and local amendments to the State Building Code.

Hearing Location(s): Spokane City Hall, Council Chambers, 808 West Spokane Falls Boulevard, Spokane, WA 99201, on June 8, 2007, at 10:00 a.m.

Date of Intended Adoption: June 8, 2007.

Submit Written Comments to: John Neff, Council Chair, P.O. Box 42525, Olympia, WA 98504-2525, e-mail sbcc@cted.wa.gov, fax (360) 586-9383, by June 7, 2007.

Assistance for Persons with Disabilities: Contact Sue Mathers by May 30, 2007, TTY (360) 753-7427 or (360) 725-2966.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule clarifies procedures for state and local amendment review; refines and clarifies the process for reconsideration; and amends the process for issuing opinions at the request of code officials.

Reasons Supporting Proposal: RCW 19.27.035, 19.27.060, and 19.27.074.

Statutory Authority for Adoption: RCW 19.27.074.

Statute Being Implemented: Chapters 19.27 and 34.05 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The council is seeking comments on the issue proposed in the rule shown below.

Name of Proponent: State building code council, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Tim Nogler, P.O. Box 42525, Olympia, WA 98504-2525, (360) 725-2969.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed changes do not have an economic impact on small business.

A cost-benefit analysis is not required under RCW 34.05.328. There is no cost associated with the policy amendments.

April 13, 2007

John P. Neff

Council Chair

OTS-9611.2


AMENDATORY SECTION(Amending WSR 90-02-108, filed 1/3/90, effective 2/3/90)

WAC 51-04-010   Declaration of purpose.   The Washington state building code council, hereinafter called the council, is required by chapter 266, Laws of 1988, to adopt and maintain the state building code, hereinafter referred to as the building code, as provided in chapters 19.27, 19.27A, and 70.92 RCW, and the state legislature.

The primary objective of the council is to encourage consistency in the building code throughout the state of Washington and to maintain the building code consistent with the state's interest as provided in RCW 19.27.020.

The building code shall be as defined in WAC 51-04-015(((6))) (8).

The council is also required by RCW 19.27.074 to approve or deny all city and county amendments to the building code that apply to single family or multifamily buildings as defined in RCW 19.27.015.

The purpose of this chapter is to establish policies and procedures for submittal and council review and consideration of proposed statewide and city and county amendments respectively, to the building code.

[Statutory Authority: Chapters 19.27 and 34.05 RCW and 1989 c 348. 90-02-108, 51-04-010, filed 1/3/90, effective 2/3/90; Order 76-02, 51-04-010, filed 9/1/76.]


AMENDATORY SECTION(Amending WSR 05-23-104, filed 11/17/05, effective 1/1/06)

WAC 51-04-020   Policies for the consideration of proposed statewide amendments.   Statewide and emergency statewide amendments to the state building code ((should)) shall be based on one of the following criteria:

(1) The amendment is needed to address a critical life/safety need.

(2) The amendment is needed to address a specific state policy or statute.

(3) The amendment is needed for consistency with state or federal regulations.

(4) The amendment is needed to address a unique character of the state.

(5) The amendment corrects errors and omissions.

Statewide and emergency statewide amendments to the state building code shall conform to the purposes, objectives, and standards prescribed in RCW 19.27.020.

The council will accept and consider petitions for emergency statewide amendments to the building code at any time, in accordance with RCW 19.27.074 and chapter 34.05 RCW.

The council will accept and consider all other petitions for statewide amendments in conjunction with the state building code update cycle, in accordance with RCW 19.27.074 and chapter 34.05 RCW, and WAC 51-04-015 and 51-04-020 as follows:

The state building code council shall publicize the state building code amendment process in January of each year. Proposed state amendments must be received by March 1 to be considered for adoption by December 1. The state building code council shall review all proposed statewide amendments and file for future rule making those proposals approved as submitted or as amended by the council. State amendments as approved by the council shall be submitted to the appropriate model code organization, at the direction of the council, except those adopted for consistency with state statutes or regulation and held for further review during the adoption period of those model codes by the council. The effective date of any statewide amendments shall be the same as the effective date of the new edition of the model codes, except for emergency amendments adopted in accordance with chapter 34.05 RCW and deemed appropriate by the council.

The adoption period of new model codes commences upon availability of the publication of the new edition of the model codes and concludes with formal adoption of the building code as amended by the council and final review by the state legislature. For the purposes of this section, the publication of supplements shall not be considered a new edition. The council will consider state amendments to:

The model codes provided that the proposed amendments shall be limited to address changes in the model codes since the previous edition; or, address existing statewide amendments to the model codes; or, address portions of the state building code other than the model codes.

The state building code council shall consider the action of the model code organizations in their consideration of these proposals.

Within sixty days of the receipt of the new edition of the model codes the council shall enter rule making to update the state building code.

[Statutory Authority: RCW 19.27.190, 19.27.020, and chapters 19.27 and 34.05 RCW. 05-23-104, 51-04-020, filed 11/17/05, effective 1/1/06. Statutory Authority: RCW 19.27.031 and 19.27.074. 04-01-107, 51-04-020, filed 12/17/03, effective 7/1/04. Statutory Authority: RCW 19.27.035 and chapter 34.05 RCW. 94-05-058, 51-04-020, filed 2/10/94, effective 3/13/94. Statutory Authority: Chapters 19.27 and 34.05 RCW and 1989 c 348. 90-02-108, 51-04-020, filed 1/3/90, effective 2/3/90; Order 76-02, 51-04-020, filed 9/1/76.]


AMENDATORY SECTION(Amending WSR 94-05-058, filed 2/10/94, effective 3/13/94)

WAC 51-04-025   Procedure for submittal ((or)) of proposed statewide amendments.   All proposed statewide amendments shall be submitted in writing to the council, on the form provided by the council.

Petitions for statewide amendments to the building code shall be submitted to the council during the submission period and the adoption period in accordance with WAC 51-04-020.

Petitions for emergency statewide amendments to the building code may be submitted at any time, in accordance with RCW 19.27.074 and chapter 34.05 RCW, and WAC 51-04-015 and 51-04-020.

The council may refer a proposed statewide amendment to one of the council standing committees for review and comment prior to council action in accordance with chapter 34.05 RCW.

The council shall deal with all proposed statewide amendments within the time frames required by chapter 19.27 RCW, RCW 34.05.330, and all other deadlines established by statute.

[Statutory Authority: RCW 19.27.035 and chapter 34.05 RCW. 94-05-058, 51-04-025, filed 2/10/94, effective 3/13/94. Statutory Authority: Chapters 19.27 and 34.05 RCW and 1989 c 348. 90-02-108, 51-04-025, filed 1/3/90, effective 2/3/90.]


AMENDATORY SECTION(Amending WSR 05-23-104, filed 11/17/05, effective 1/1/06)

WAC 51-04-030   Policies for consideration of proposed local government residential amendments.   All amendments to the building code, as adopted by cities and counties for implementation and enforcement in their respective jurisdictions, that apply to single and multifamily buildings as defined by RCW 19.27.015, shall be submitted to the council for approval.

The council shall consider and approve or deny all proposed local government residential amendments to the building code within ninety calendar days of receipt of a proposal, unless alternative scheduling is agreed to by the council and the proposing entity.

All local government residential amendments to the building code that require council approval shall be submitted in writing to the council, after the city or county legislative body has adopted the amendment and prior to implementation and enforcement of the amendment by the local jurisdiction. All local amendments submitted for review shall be accompanied by findings of fact adopted by the governing body of the local jurisdiction justifying the adoption of the local amendment in accordance with the five criteria noted below in this section.

It is the policy of the council to encourage joint proposals for local government residential amendments from more than one jurisdiction. Local government residential amendments submitted to the council for approval ((should)) shall be based on:

(1) Climatic conditions that are unique to the jurisdiction.

(2) Geologic or seismic conditions that are unique to the jurisdiction.

(3) Environmental impacts such as noise, dust, etc., that are unique to the jurisdiction.

(4) Life, health, or safety conditions that are unique to the local jurisdiction.

(5) Other special conditions that are unique to the jurisdiction.


EXCEPTION((S)): ((Appendices or portions thereof that have the effect of amending the uniform codes, that do not conflict with the building code for single and multifamily residential buildings as defined by RCW 19.27.015, may be adopted by local jurisdictions without council review or approval.))

Local government residential amendments to administrative provisions (departmental operational procedures) contained within the state building code need not be submitted to the council for review and approval provided that such amendments do not alter the construction requirements of those chapters.

Those portions of the supplement or accumulative supplements that affect single and multifamily residential buildings as defined by RCW 19.27.015 that are not adopted by the council shall be submitted to the council for consideration as local government residential amendments to the building code.

Local government residential amendments shall conform to the limitations provided in RCW 19.27.040.

[Statutory Authority: RCW 19.27.190, 19.27.020, and chapters 19.27 and 34.05 RCW. 05-23-104, 51-04-030, filed 11/17/05, effective 1/1/06. Statutory Authority: RCW 19.27.031 and 19.27.074. 04-07-193, 51-04-030, filed 3/24/04, effective 7/1/04. Statutory Authority: RCW 19.27.035 and 19.27.074. 98-24-077, 51-04-030, filed 12/1/98, effective 7/1/99. Statutory Authority: Chapter 19.27 RCW. 95-01-127, 51-04-030, filed 12/21/94, effective 6/30/95. Statutory Authority: Chapters 19.27 and 34.05 RCW and 1989 c 348. 90-02-108, 51-04-030, filed 1/3/90, effective 2/3/90.]


AMENDATORY SECTION(Amending WSR 05-23-104, filed 11/17/05, effective 1/1/06)

WAC 51-04-040   Reconsideration.   ((Any party proposing a statewide or local government amendment to the building code may, upon denial of the amendment by the council, file a petition for reconsideration.

Within ten days of a building code council vote to deny a statewide or local government amendment, any party may file a petition for reconsideration, stating the specific justification for rule adoption or local amendment. The petition shall be filed with the State Building Code Council, P.O. Box 42525, Olympia, Washington 98504-2525.

The council is deemed to have denied the petition for reconsideration if, within sixty days from the date the petition is filed, the council does not either:

(1) Dispose of the petition; or

(2) Serve the parties with a written notice specifying the date by which it will act on the petition.

Unless the petition is deemed denied, the petition shall be disposed of by the council with recommendations from the same committee or committees that considered the proposed rule or local amendment. The disposition shall be in the form of a written notice denying the petition, granting the petition and refiling the rule-making order or approving the local amendment, or granting the petition and setting the matter for further hearings.)) (1) When the council denies a statewide or local amendment to the building code, the party proposing the amendment may file a petition for reconsideration. The petition must be received by the State Building Code Council, P.O. Box 42525, Olympia, Washington 98504-2525, within ten calendar days of the date of the denial. The petition must give specific reasons for why the council should reconsider the amendment for approval or denial.

(2) Within sixty calendar days of receipt of a timely petition for reconsideration, the council shall in writing:

(a) Grant the petition for reconsideration and approve the amendment;

(b) Deny the petition for reconsideration, giving reasons for the denial; or

(c) Request additional information and extend the time period for not more than thirty calendar days to either grant or deny the petition for reconsideration.

(3) The council's denial of a proposed statewide or local government amendment, or the council denial of a petition for reconsideration under this section, is subject to judicial review under chapter 34.05 RCW.

[Statutory Authority: RCW 19.27.190, 19.27.020, and chapters 19.27 and 34.05 RCW. 05-23-104, 51-04-040, filed 11/17/05, effective 1/1/06. Statutory Authority: RCW 19.27.035 and chapters 19.27 and 34.05 RCW. 02-01-113, 51-04-040, filed 12/18/01, effective 7/1/02. Statutory Authority: Chapters 19.27 and 34.05 RCW and 1989 c 348. 90-02-108, 51-04-040, filed 1/3/90, effective 2/3/90.]


AMENDATORY SECTION(Amending WSR 04-01-107, filed 12/17/03, effective 7/1/04)

WAC 51-04-060   Opinions.   RCW 19.27.031 grants the council authority to render opinions relating to the building code at the request of a local ((building)) code official.

For the purposes of this section, the term "((building)) code official" means the local or state official, or their designee, responsible for implementation and enforcement of the specific code provision on which the opinion is requested.

At the request of a code official, the council ((building code related)) will issue opinions ((shall be limited to the state regulations for barrier-free facilities,)) relating to the codes adopted under chapters 19.27, 19.27A, and 70.92 RCW, including the state energy code, the state ventilation and indoor air quality code, and council amendments to the model codes. At the request of a local code official, the council may issue opinions on the applicability of WAC 51-04-030 to a local government ordinance regulating construction.

Council related opinions may be developed and approved by a standing committee of the council.

Opinions approved by a standing committee may be reviewed and modified by the council.

[Statutory Authority: RCW 19.27.031 and 19.27.074. 04-01-107, 51-04-060, filed 12/17/03, effective 7/1/04. Statutory Authority: RCW 19.27.035 and 19.27.074. 98-24-077, 51-04-060, filed 12/1/98, effective 7/1/99. Statutory Authority: RCW 19.27.035 and chapter 34.05 RCW. 94-05-058, 51-04-060, filed 2/10/94, effective 3/13/94. Statutory Authority: Chapters 19.27 and 34.05 RCW and 1989 c 348. 90-02-108, 51-04-060, filed 1/3/90, effective 2/3/90.]

Washington State Code Reviser's Office