WSR 07-16-029

PROPOSED RULES

BUILDING CODE COUNCIL


[ Filed July 23, 2007, 10:12 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-09-096.

Title of Rule and Other Identifying Information: Amendment of chapter 51-54 WAC, adoption and amendment of the 2006 Edition of the International Fire Code (IFC).

Hearing Location(s): Spokane City Council Chambers, West 808 Spokane Falls Boulevard, Spokane, WA, on September 14, 2007, at 10:00 a.m.; and at the Tukwila Community Center, 12424 42nd Avenue South, Tukwila, WA, on October 12, 2007, at 10:00 a.m.

Date of Intended Adoption: November 9, 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.

Assistance for Persons with Disabilities: Contact Sue Mathers by TTY (360) 586-0772 or (360) 725-2966.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules make changes to the state amendments to this code:

IFC 202 changes the definition of nightclubs.

IFC 903.2.1.6 is deleted and the requirements moved to 903.6.2.

IFC 903.6.2 changes the completion date for automatic sprinklers in nightclubs.

IFC 604.2.20 & 604.2.21 address emergency power systems.

Reasons Supporting Proposal: RCW 19.27.031 and 19.27.074.

Statutory Authority for Adoption: RCW 19.27.031 and 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 issues proposed in the rules shown below.

Name of Proponent: Washington state building code council, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Charles Heath, P.O. Box 42525, Olympia, WA 98504-2525, (360) 725-2970; and Enforcement: Local jurisdictions.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule will update the adoption of model codes to stay current with national standards for the benefit of industry and Washington state interests. New state amendments clarify and simplify the code. No disproportionate economic impact on small business was identified.

A cost-benefit analysis is not required under RCW 34.05.328. The state building code council is not listed in this section as one of the agencies required to comply with this statute.

June 8, 2007

John P. Neff

Council Chair

OTS-9746.5


AMENDATORY SECTION(Amending WSR 07-01-093, filed 12/19/06, effective 7/1/07)

WAC 51-54-0200   Chapter 2 -- Definitions.  


SECTION 202 GENERAL DEFINITIONS.


ADULT FAMILY HOME means a dwelling in which a person or persons provide personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services.


CHILD DAY CARE, shall, for the purposes of these regulations, mean the care of children during any period of a 24-hour day.


ELECTRICAL CODE is the National Electrical Code, promulgated by the National Fire Protection Association, as adopted in chapter 296-46 WAC, or the locally adopted Electrical Code.


FAMILY CHILD DAY CARE HOME is a child day care facility, licensed by the state, located in the dwelling of the person or persons under whose direct care and supervision the child is placed, for the care of twelve or fewer children, including children who reside at the home.


NIGHTCLUB. ((An establishment, other than a theater with fixed seating, which includes all of the following:

1. Provides live entertainment by paid performing artists or by way of recorded music conducted by a person employed or engaged to do so;

2. Has as its primary source of revenue the sale of beverages of any kind for consumption on the premises and/or cover charges;

3. Has an occupant load of 100 or more as determined by the fire code official; and

4. Includes assembly space without fixed seats considered concentrated or standing space per Table 1004.1.2.

Paid performing artists are those entertainers engaged to perform in a for-profit business establishment.)) An A-2 Occupancy use under the 2006 International Building Code in which the aggregate area of concentrated use of unfixed chairs and standing space that is specifically designated and primarily used for dancing or viewing performers exceeds three hundred fifty square feet, excluding adjacent lobby areas. "Nightclub" does not include theaters with fixed seating, banquet halls, or lodge halls.


EDUCATIONAL GROUP E. Educational Group E Occupancy includes, among others, the use of a building or structure, or a portion thereof, by six or more persons at any one time for educational purposes through the 12th grade. Religious educational rooms and religious auditoriums, which are accessory to churches in accordance with Section 302.2 of the IBC and have occupant loads of less than 100, shall be classified as Group A-3 Occupancies.

Day Care. The use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than five children older than 2 1/2 years of age, shall be classified as a Group E Occupancy.


EXCEPTION: Family child day care homes licensed by the Washington state department of social and health services for the care of twelve or fewer children shall be classified as Group R3.

INSTITUTIONAL GROUP I. Institutional Group I Occupancy includes, among others, the use of a building or structure, or a portion thereof, in which people, cared for or living in a supervised environment and having physical limitations because of health or age, are harbored for medical treatment or other care or treatment, or in which people are detained for penal or correctional purposes or in which the liberty of the occupants is restricted. Institutional occupancies shall be classified as Group I-1, I-2, I-3 or I-4.

Group I-1. This occupancy shall include buildings, structures or parts thereof housing more than 16 persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. This group shall include, but not be limited to, the following:

Residential board and care facilities

Assisted living facilities

Halfway houses

Group homes

Congregate care facilities

Social rehabilitation facilities

Alcohol and drug centers

Convalescent facilities

A facility such as the above with five or fewer persons and adult family homes licensed by the Washington state department of social and health services shall be classified as a Group R-3 or shall comply with the International Residential Code in accordance with Section 101.2.

A facility such as the above providing licensed care to clients in one of the categories listed in IBC Section 310.1 regulated by either the Washington department of health or the department of social and health services shall be classified as Group R-2.

Group I-2. This occupancy shall include buildings and structures used for medical, surgical, psychiatric, nursing or custodial care on a 24-hour basis of more than five persons who are not capable of self-preservation. This group shall include, but not be limited to, the following:

Hospitals

Nursing homes (both intermediate-care facilities and skilled nursing facilities)

Mental hospitals

Detoxification facilities

A facility such as the above with five or fewer persons shall be classified as Group R-3 or shall comply with the International Residential Code in accordance with Section 101.2.

A facility such as the above providing licensed care to clients in one of the categories listed in IBC Section 310.1 regulated by either the Washington department of health or the department of social and health services shall be classified as Group R-2.

Group I-3. (Remains as printed in the IFC.)

Group I-4. Day care facilities. This group shall include buildings and structures occupied by persons of any age who receive custodial care for less than 24 hours by individuals other than parents or guardians, relatives by blood marriage, or adoption, and in a place other than the home of the person cared for. A facility such as the above with five or fewer persons shall be classified as Group R-3 or shall comply with the International Residential Code. Places of worship during religious functions are not included.

Adult care facility. A facility that provides accommodations for less than 24 hours for more than five unrelated adults and provides supervision and personal care services shall be classified as Group I-4.


EXCEPTION: Where the occupants are capable of responding to an emergency situation without physical assistance from the staff, the facility shall be classified as Group A-3.

Child care facility. A facility that provides supervision and personal care on a less than 24-hour basis for more than five children 2 1/2 years of age or less shall be classified as Group I-4.


EXCEPTIONS: 1. A child day care facility that provides care for more than five but no more than 100 children 2 1/2 years or less of age, when the rooms where such children are cared for are located on the level of exit discharge and each of these child care rooms has an exit door directly to the exterior, shall be classified as Group E.
2. Family child day care homes licensed by the Washington state department of social and health services for the care of 12 or fewer children shall be classified as Group R3.

RESIDENTIAL GROUP R. Residential Group R includes, among others, the use of a building or structure, or a portion thereof, for sleeping purposes when not classified as an Institutional Group I or Licensed Care Group LC. Residential occupancies shall include the following:

R-1 Residential occupancies where the occupants are primarily transient in nature, including:

Boarding houses (transient)

Hotels (transient)

Motels (transient)

R-2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including:

Apartment houses

Boarding houses (not transient)

Boarding homes as licensed by the department of social and health services under chapter 388-78A WAC

Convents

Dormitories

Fraternities and sororities

Hotels (nontransient)

Motels (nontransient)

Monasteries

Residential treatment facilities as licensed by the department of health under chapter 246-337 WAC

Vacation timeshare properties

R-3 Residential occupancies where the occupants are primarily permanent in nature and not classified as R-1, R-2, R-4 or I and where buildings do not contain more than two dwelling units as applicable in Section 101.2, including adult family homes and family child day care homes for the care of 12 or fewer children, licensed by the Washington state department of social and health services, or adult and child care facilities that provide accommodations for five or fewer persons of any age for less than 24 hours. Adult family homes and family child day care homes, or adult and child care facilities that are within a single-family home are permitted to comply with the International Residential Code in accordance with Section 101.2.

Foster family care homes licensed by the Washington state department of social and health services shall be permitted, as an accessory use to a dwelling, for six or fewer children including those of the resident family.

R-4 classification is not adopted. Any reference in this code to R-4 does not apply.

[Statutory Authority: RCW 19.27.031, 19.27.074, and chapters 19.27 and 34.05 RCW. 07-01-093, 51-54-0200, filed 12/19/06, effective 7/1/07. Statutory Authority: RCW 19.27.020, 19.27.031, 19.27.074 and chapters 19.27 and 34.05 RCW. 05-24-071, 51-54-0200, filed 12/5/05, effective 7/1/06. Statutory Authority: RCW 19.27.031 and 19.27.074. 04-01-105, 51-54-0200, filed 12/17/03, effective 7/1/04.]


NEW SECTION
WAC 51-54-0604   Section 604 -- Emergency and standby power systems.  


604.2.20 Group I-1 and Group I-2 occupancies. Emergency power and lighting systems in Group I-1 and Group I-2 occupancies shall comply with the requirements of Sections 604.2.20.1 through 604.2.20.3.


604.2.20.1 Emergency power. An emergency power system shall be provided. Where the power system is a generator set inside a building, the system shall be located in a separate room enclosed with 1-hour fire barriers or horizontal assemblies constructed in accordance with the International Building Code, or both. System supervision with manual start and transfer features shall be provided at the fire command center, as applicable.


604.2.20.1.1 Fuel supply. An on-premises fuel supply, sufficient to operate the emergency power system at its rated load for a duration not less than as required for a class 48, Level 1 system, as specified by NFPA 110, shall be provided. Buildings located in areas with a seismic design category of C, D, or E, or in areas that have a demonstrated utility unreliability, shall have the ability to operate a minimum of 96 hours without refueling.


EXCEPTION: When approved, the system shall be allowed to be supplied by natural gas pipelines.

604.2.20.1.2 Capacity. The power system shall have a capacity and rating that supplies all equipment required to be operational at the same time. The generating capacity is not required to be sized to operate all of the connected electrical equipment simultaneously.


604.2.20.1.3 Connected facilities. Power and lighting facilities for the fire command center and elevators, as applicable and electrically powered fire pumps required to maintain pressure, shall be transferable to the emergency power source. The emergency power shall be provided for at least one elevator to serve all floors and be transferable to any elevator.


604.2.20.2 Separate circuits and luminaires. Separate lighting circuits and luminaires shall be required to provide sufficient light with an intensity of not less than 1 foot-candle (11 lux) measured at floor level in all means of egress corridors, stairways, smokeproof enclosures, elevator cars and lobbies, and other areas that are clearly a part of an escape or evacuation route.


604.2.20.2.1 Other circuits. Circuits supplying lighting for the fire command center and mechanical equipment rooms shall be transferable to the emergency power source.


604.2.20.3 Emergency systems. Exit signs, exit illumination as required by Chapter 10, and elevator car lighting are classified as emergency systems and shall operate within 10 seconds of failure of the normal power supply and shall be capable of being transferred to the emergency power source.


Motor vehicle-related occupancies.


604.2.21 Fuel dispensing stations.


604.2.21.1 Emergency power. Motor fuel-dispensing facilities shall comply with the requirements of Sections 604.2.21.1.1 through 604.2.21.1.4.


604.2.21.1.1 Emergency power generation. Emergency power generation systems shall be installed in accordance with this code and NFPA 110 and 11. An emergency power generation system shall be provided in order to allow the facility the ability to dispense motor fuels and liquefied gases.


EXCEPTION: At facilities that normally do not dispense liquefied gases.

604.2.21.1.2 Operational performance. Emergency power generation systems shall be sufficient to allow operation of the facility for a minimum of 96 hours.


604.2.21.1.3 Capacity. The power system shall have a capacity and rating that supplies all equipment required to be operational at the same time. The generating capacity is not required to be sized to operate all of the connected electrical equipment simultaneously.


604.2.21.1.4 Circuits and luminaires. Separate lighting circuits and luminaires shall be required to provide sufficient light with an intensity of not less than 1 foot-candle (11 lux) measured at floor level in all means of egress areas that are clearly a part of an escape route.

[]


AMENDATORY SECTION(Amending WSR 07-01-093, filed 12/19/06, effective 7/1/07)

WAC 51-54-0900   Chapter 9 -- Fire protection systems.  


902.1 Definitions.

PORTABLE SCHOOL CLASSROOM. A structure, transportable in one or more sections, which requires a chassis to be transported, and is designed to be used as an educational space with or without a permanent foundation. The structure shall be trailerable and capable of being demounted and relocated to other locations as needs arise.


((903.2.1.6 Nightclub. An automatic sprinkler system shall be provided throughout an occupancy with a nightclub. Existing nightclubs constructed prior to July 1, 2006, shall be provided with automatic sprinklers not later than December 1, 2007. The fire code official, for the application of this rule, may establish an occupant load based on the observed use of the occupancy in accordance with Table 1004.1.2.))


903.2.2 Group E. An automatic sprinkler system shall be provided for Group E Occupancies.


EXCEPTIONS: 1. Portable school classrooms, provided aggregate area of any cluster or portion of a cluster of portable school classrooms does not exceed 5,000 square feet (1465 m2); and clusters of portable school classrooms shall be separated as required in Chapter 5 of the building code.
2. Group E Occupancies with an occupant load of 50 or less.

903.2.7 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.


EXCEPTION: Group R-1 if all of the following conditions apply:
1. The Group R fire area is no more than 500 square feet and is used for recreational use only.
2. The Group R fire area is on only one story.
3. The Group R fire area does not include a basement.
4. The Group R fire area is no closer than 30 feet from another structure.
5. Cooking is not allowed within the Group R fire area.
6. The Group R fire area has an occupant load of no more than 8.
7. A hand held (portable) fire extinguisher is in every Group R fire area.

903.6.2 Nightclub. An automatic sprinkler system shall be provided throughout an occupancy with a nightclub. An existing nightclub constructed prior to July 1, 2006, shall be provided with automatic sprinklers not later than December 1, 2009.


909.6.3 Elevator shaft pressurization. Where elevator shaft pressurization is required to comply with Exception 6 of IBC Section 707.14.1, the pressurization system shall comply with and be maintained in accordance with IBC 707.14.2.


909.6.3.1 Activation. The elevator shaft pressurization system shall be activated by a fire alarm system which shall include smoke detectors or other approved detectors located near the elevator shaft on each floor as approved by the building official and fire code official. If the building has a fire alarm panel, detectors shall be connected to, with power supplied by, the fire alarm panel.


909.6.3.2 Power system. The power source for the fire alarm system and the elevator shaft pressurization system shall be in accordance with Section 909.11.

[Statutory Authority: RCW 19.27.031, 19.27.074, and chapters 19.27 and 34.05 RCW. 07-01-093, 51-54-0900, filed 12/19/06, effective 7/1/07. Statutory Authority: RCW 19.27.020, 19.27.031, 19.27.074 and chapters 19.27 and 34.05 RCW. 05-24-071, 51-54-0900, filed 12/5/05, effective 7/1/06. Statutory Authority: RCW 19.27.031 and 19.27.074. 04-01-105, 51-54-0900, filed 12/17/03, effective 7/1/04.]

Washington State Code Reviser's Office