WSR 97-16-112

PROPOSED RULES

BUILDING CODE COUNCIL

[Filed August 6, 1997, 10:30 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-05-064.

Title of Rule: Chapter 51-13 WAC, Washington State Ventilation and Indoor Air Quality Code.

Purpose: To consider amendments to the Washington State Ventilation and Indoor Air Quality Code.

Statutory Authority for Adoption: RCW 19.27.190, 19.27.020.

Statute Being Implemented: Chapters 19.27 and 34.05 RCW.

Summary: The proposed rules amend three sections of the Washington State Ventilation and Indoor Air Quality Code to correct references and provide greater compatibility with other codes.

Reasons Supporting Proposal: RCW 19.27.190, 19.27.020.

Name of Agency Personnel Responsible for Drafting and Implementation: Judith Darst, P.O. Box 48300, Olympia, WA 98504-8300, (360) 586-2251; and Enforcement: Local jurisdictions.

Name of Proponent: Washington State Building Code Council, governmental.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule amends chapter 51-13 WAC, Washington State Ventilation and Indoor Air Quality Code. Two of the proposed changes correct references to other code documents. A third proposal would add an exception regarding combustion air systems for fireplaces.

Regulatory Review: In compliance with Executive Order 97-02, Regulatory improvement, the following criteria for regulatory review will be considered at the time of final adoption of the rule.

1. Need. This rule is in conformance with RCW 19.27.190, Indoor air quality. The council regularly reviews existing state-wide building codes. The purpose and objective of this review, as given in RCW 19.27.020, is to promote the health, safety and welfare of the occupants or users of buildings; to require minimum construction standards for the state of Washington; to permit the use of modern technical methods; to eliminate restrictive, obsolete, conflicting, duplicating and unnecessary regulations; and to provide standards to make buildings accessible to and usable by persons with physical disabilities. The technical advisory groups appointed by the council have identified rules that are obsolete, duplicative or ambiguous, and have proposed amendments and revisions.

2. Effectiveness and Efficiency. The mission of the council is to adopt building codes for uniform application throughout the state. In the course of the regular rule review, the council examined regulatory alternatives and new technologies. The council has identified where alternatives can be used effectively and efficiently. The council efficiently achieves uniform state building codes by serving as the central administrative agency for state-wide adoption of building codes.

3. Clarity. The council is revising their filing procedure for state amendments to the national uniform codes. To enhance clarity, only those subsections with a state amendment will be filed under the main section number. The balance of the main section will remain as written in the national uniform code, as adopted by reference, unless otherwise noted. This reformatting change reorganizes and shortens the WACs, and necessitates new WAC number assignments.

4. Intent and Statutory Authority. The proposed rule is consistent with the legislative intent of the statute chapter 19.27 RCW. The statute gives the council sufficient authority to maintain the state building code, and to amend and adopt state-wide codes as deemed appropriate.

5. Coordination. The council rule-making process has included participation by national, state, and local building, fire, mechanical and plumbing officials, as well as state agency representatives for the Departments of Social and Health Services, Health, Labor and Industries, and the state Fire Marshal. The council actively seeks participation from other state agencies to assure that duplication and inconsistency is eliminated.

6. Cost. The council appointed technical advisory groups and an Economic and Regulatory Assessment Committee to examine the costs and benefits associated with the revisions to the building codes.

7. Fairness. The state amendments to the Ventilation and Indoor Air Quality Code proposed by the council are intended to mitigate disproportionate impact on the regulated community. The council is made up of representatives from the regulated community, as well as public and regulatory officials. In addition, the council enlisted the assistance of technical advisory groups, made up of the individuals, organizations and businesses impacted by the building codes, to review code changes and proposals.

Proposal Changes the Following Existing Rules: 1. Sections 106 and 502, these changes correct uniform code and WAC references that have changed over the last three years.

2. Section 402, an exception was added to this section that allows manufacturers to specify combustion air systems other than the minimum six square inch combustion air duct required by Section 402.3(b). To comply with the new exception, Washington certified fireplaces combustion air systems must provide safe and efficient combustion in accordance with the emission standards, UBC Standard 31-2 and UBC Section 3102.5.4.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The council appointed Technical Advisory Groups (TAGs) to do a comprehensive review and comparison of the proposed changes to the Ventilation and Indoor Air Quality Code. The TAGs held meetings over a three year period. The TAG findings were reviewed by the Council's Economic and Regulatory Assessment Committee. Based on this review, the council found that all changes proposed are editorial or provide clarification of existing rules and pose minimal economic impact. Therefore, no small business economic analysis was necessary.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The state Building Code Council is not listed in this section as one of the agencies required to comply with this regulation.

Hearing Location: On Friday, September 12, 1997, at 9:00 a.m., at the Radisson Hotel, Flight Lounge, 17001 Pacific Highway South, SeaTac, WA; and on Friday, October 10, 1997, at 9:00 a.m., at the Spokane City Hall, City Council Chambers, West 808 Spokane Falls Boulevard, Spokane, WA.

Assistance for Persons with Disabilities: Contact Krista Braaksma by September 1, 1997, TDD (360) 753-2200, or (360) 753-5927.

Submit Written Comments to: Mike McEnaney, Chair, State Building Code Council, P.O. Box 48300, Olympia, WA 98504-8300, FAX (360) 586-5880, by October 8, 1997.

Date of Intended Adoption: November 14, 1997.

August 6, 1997

Mike McEnaney

Chair

AMENDATORY SECTION (Amending WSR 95-01-128, filed 12/21/94, effective 6/30/95)

WAC 51-13-106 Conflicts with other codes.

106.1 Conflicts with Other Codes: In addition to the requirements of this Code, buildings must conform to the provisions of the State Building Code (Chapter 19.27 RCW and Chapters ((51-30, 51-32, 51-34 and 51-26)) 51-40, 51-42, 51-44 and 51-46 Washington Administrative Code). In case of conflicts between the Uniform Building, Uniform Plumbing, Uniform Mechanical, and Uniform Fire Codes as adopted and amended in Chapters ((51-30, 51-32, 51-34 and 51-26)) 51-40, 51-42, 51-44 and 51-46 Washington Administrative Code, the provisions of Chapter 51-13 shall govern. This Code is not intended to abridge any safety or health requirements under any other applicable codes or ordinances.

Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

Wherever in this Code reference is made to the appendix, the provisions of the appendix shall not apply unless specifically adopted.

106.2 Authority: Local legislative authorities are authorized and directed to enforce this Code. Local legislative authorities are authorized to promulgate, adopt, and issue those rules and regulations necessary for the effective and efficient administration of this Code.

[Statutory Authority: RCW 19.27.190. 95-01-128, 51-13-106, filed 12/21/94, effective 6/30/95; 91-01-102, 51-13-106, filed 12/18/90, effective 7/1/91.]

AMENDATORY SECTION (Amending WSR 95-01-128, filed 12/21/94, effective 6/30/95)

WAC 51-13-402 Solid fuel burning appliances and fireplaces.

402.1 General: Solid fuel burning appliances and fireplaces shall satisfy one of the following criteria.

402.2 Solid Fuel Burning Appliances: Solid fuel burning appliances shall be provided with the following:

a) Tight fitting metal or ceramic glass doors.

b) 1. A source from outside the structure of primary combustion air, connected to the appliance as per manufacturer's specification. The air inlet shall originate at a point below the fire box. The duct shall be 4 inches or greater in diameter, not exceed 20 feet in length, and be installed as per manufacturer's instructions;

2. The appliance and manufacturer's recommended combustion air supply, as an installed unit, shall be certified by an independent testing laboratory to have passed Test No. 11 - Negative Pressure Test, Section 12.3, of ULC S627-M1984 "Space Heaters for Use with Solid Fuels," modified as follows:

A) Negative pressure of 8 Pascal shall be initially established with the chamber sealed and the air supply, if not directly connected to the appliance, closed off.

B) The air supply, if not directly connected to the appliance, shall then be opened.

C) The maximum allowable air exchange rate from chamber leakage and intentional air supply for the unit (appliance with combustion air supply) in the test chamber is 3.5 air changes per hour, or 28 cfm (cubic feet of air per minute), whichever is less.

EXCEPTION: Combustion air may be supplied to the room in which the solid fuel burning appliance is located in lieu of direct ducting, provided that one of the following conditions is met:

1) The solid fuel burning appliance is part of a central heating plant and installed in an unconditioned space in conformance with the Uniform Mechanical Code; or

2) The solid fuel burning appliance is installed in existing construction directly on a concrete floor or surrounded by masonry materials as in a fireplace.

The combustion air terminus shall be located as close to the solid fuel burning appliance as possible and shall be provided with a barometric damper or equivalent. The combustion air source shall be specified by the manufacturer or no less than four (4) inches in diameter or the equivalent in area or as approved.

402.3 Fireplaces: Fireplaces shall be provided with each of the following:

a) Tightly fitting flue dampers, operated by a readily accessible manual or approved automatic control.

EXCEPTION: Fireplaces with gas logs shall be installed in accordance with the Uniform Mechanical Code section 901.

b) An outside source for combustion air ducted into the firebox. The duct shall be at least six (6) square inches, and shall be provided with an operable outside air duct damper.

EXCEPTION: Washington certified fireplaces shall be installed with the combustion air systems necessary for their safe and efficient combustion and specified by the manufacturer in accordance with the Washington state UBC Standard 31-2 (WAC 51-40-31200) and UBC section 3102.5.4 (WAC 51-40-3102).

c) Site built fireplaces shall have tight fitting glass or metal doors, or a flue draft induction fan, or as approved for minimizing back-drafting. Factory built fireplaces shall use doors listed for the installed appliance.

402.4 Masonry Heaters: Masonry heaters shall be approved by the department of ecology and shall contain both of the following:

a) Primary combustion air ducted from the outside of the structure to the appliance.

b) Tight fitting ceramic glass or metal doors. Flue damper, when provided, shall have an external control and when in the closed position shall have a net free area of not less than five percent of the flue cross sectional area.

[Statutory Authority: RCW 19.27.190. 95-01-128, 51-13-402, filed 12/21/94, effective 6/30/95. Statutory Authority: RCW 19.27.190(2) and 1992 c 132. 93-02-056, 51-13-402, filed 1/6/93, effective 7/1/93. Statutory Authority: RCW 19.27.190. 91-01-102, 51-13-402, filed 12/18/90, effective 7/1/91.]

AMENDATORY SECTION (Amending WSR 95-01-128, filed 12/21/94, effective 6/30/95)

WAC 51-13-502 State-wide radon requirements.

502.1 Crawlspaces:

502.1.1 General: All crawlspaces shall comply with the requirements of this section.

502.1.2 Ventilation: All crawlspaces shall be ventilated as specified in section ((2317.7)) 2306.7 of the Washington State Uniform Building Code (chapter ((51-30)) 51-40 WAC).

If the installed ventilation in a crawlspace is less than one square foot for each three hundred square feet of crawlspace area, or if the crawlspace vents are equipped with operable louvers, a radon vent shall be installed to originate from a point between the ground cover and soil. The radon vent shall be installed in accordance with sections 503.2.6 and 503.2.7.

502.1.3 Crawlspace Plenum Systems: In crawlspace plenum systems used for providing supply air for an HVAC system, aggregate, a permanently sealed soil gas retarder membrane and a radon vent pipe shall be installed in accordance with section 503.2. Crawlspaces shall not be used for return air plenums.

In addition, an operable radon vent fan shall be installed. The fan shall be located as specified in section 503.2.7. The fan shall be capable of providing at least one hundred cfm at one inch water column static pressure. The fan shall be controlled by a readily accessible manual switch. The switch shall be labeled "RADON VENT FAN."