Preproposal statement of inquiry was filed as WSR 98-09-096.

Title of Rule: Amendment of chapter 365-110 WAC, State Building Code--Building permit surcharges and fees.

Purpose: To consider amendment of chapter 365-110 WAC that would eliminate obsolete references contained in this section, and to change the definition of "building permit."

Statutory Authority for Adoption: RCW 43.330.040(2) and 19.27.070(3).

Statute Being Implemented: RCW 19.27.085.

Summary: The proposed rule includes the elimination of archaic references found in chapter 365-110 WAC and the amendment of the definition of building permit as found in this WAC. See Explanation of Rule below for further information.

Reasons Supporting Proposal: Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting and Implementation: Lori Graham, P.O. Box 48300, Olympia, WA 98504-8300, (360) 753-4308; and Enforcement: Local jurisdiction.

Name of Proponent: Department of Community, Trade and Economic Development, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The department is seeking comments on the issues proposed in this rule change.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This proposed rule changes chapter 365-110 WAC that addresses the definition of building permit for the purpose of collecting the building permit fee required by chapter 19.27 RCW. The proposed rule accomplishes three things. First, it corrects RCW references that are no longer valid. Second, it corrects references that are made to building code sections that no longer hold the referenced information. Third, it changes the definition of building permit to bring it into greater compliance with RCW 19.27.031 that defines state building code.

Proposal Changes the Following Existing Rules: WAC 365-110-010 Authority, reference to RCW 43.63A.060 has been changed to RCW 43.330.040(2). RCW 43.63A.060 has been deleted. Reference to chapter 43.63A RCW has been changed to chapter 43.330 RCW. Reference to chapter 43.63A RCW is obsolete. Also delete final sentence. Information in this sentence is not pertinent to this section.

WAC 365-110-035 Definitions.

1. Department, add the words "trade and economic" between "community" and "development." This reflects the department name change that took place in 1993.

2. Building permit -

Change reference from Section 301 to Section 106.1. The contents of Section 301 are now in Section 106.1.

Include separate plumbing and mechanical permits as part of the building permit definition.

In second sentence change reference from Section 301 to 106.2. Again permit exemptions are contained in the new section number.

Delete references to mobile/manufactured homes and commercial coaches. The Department of Labor and Industries regulates construction of these structures.

Remove references to plumbing and mechanical permits from the final sentence of definition. These permits are proposed as being part of the definition.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The building permit fee collected under RCW 19.27.085(3) is collected and monitored by cities and counties issuing building permits. This rule does not affect the administration of the fee collection and submittal to the state. This change is editorial in nature and only poses minimal economic impact.

RCW 34.05.328 does not apply to this rule adoption. The Department of Community, Trade and Economic Development is not listed in this section as one of the agencies required to comply with this legislation.

Hearing Location: Department of Community, Trade and Economic Development, 906 Columbia Street S.W., Room 1A, Olympia, WA, on Friday, August 14, 1998, at 9:00; and at the Spokane City Hall, City Council Chambers, West 808 Spokane Falls Boulevard, Spokane, WA, on Friday, September 18, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Lori Graham By August 1, 1998, TDD (360) 753-2200, or (360) 753-4308.

Submit Written Comments to: Lori Graham, P.O. Box 48300, Olympia, WA 98504-8300, fax (360) 586-5880, by September 16, 1998.

Date of Intended Adoption: October 19, 1998.

June 25, 1998

K. Kreiter

Deputy

for Tim Douglas

Director

AMENDATORY SECTION (Amending Order 85-10, filed 9/13/85)

WAC 365-110-010  Authority. These rules are adopted under the authority of RCW ((43.63A.060)) 43.330.040(2) which provides that the director shall make such rules and regulations and do all other things necessary and proper to carry out the purposes of chapter ((43.63A)) 43.330 RCW. ((RCW 43.63A.065(2) provides that among its functions and responsibilities the department shall administer state and federal grants and programs which are assigned to the department by the governor or the legislature.))

[Statutory Authority: 1985 c 144 and 360, 1985 1st ex.s. c 6, RCW 43.63A.060 and 43.63A.065. 85-19-042 (Order 85-10), § 365-110-010, filed 9/13/85.]

AMENDATORY SECTION (Amending Order 90-01, filed 4/6/90, effective 5/7/90)

WAC 365-110-035  Definitions. 1. Department shall mean the department of community, trade, and economic development.

2. State Building Code fee shall mean a fee which is required to be collected by cities and counties pursuant to chapter 19.27 RCW. Funds collected shall be used exclusively to implement the provisions of chapters 19.27 and 19.27A RCW.

3. Building permit shall mean a permit issued by a city or a county to construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure regulated by the Uniform Building Code as set forth in the Uniform Building Code, section ((301)) 106.1, including separate plumbing and mechanical permits. This definition shall be subject to the exemptions contained in section ((301)) 106.2 of the Uniform Building Code. ((Building permit shall include an installation permit or other permit issued by a city or county for a mobile/manufactured home, commercial coach, or factory built structure as defined and regulated by chapters 296-150A and 296-150B WAC.)) Building permits shall not include ((plumbing,)) electrical((, mechanical)) permits, or permits issued pursuant to the Uniform Fire Code.

[Statutory Authority: Chapters 19.27 and 19.27A RCW. 90-09-008 (Order 90-01), § 365-110-035, filed 4/6/90, effective 5/7/90. Statutory Authority: RCW 19.27.085, 19.27A.040, 43.63A.060, 43.63A.065 and 1987 1st ex.s. c 7 § 217(14). 87-19-110 (Order 87-19), § 365-110-035, filed 9/18/87. Statutory Authority: 1985 c 144 and 360, 1985 1st ex.s. c 6, RCW 43.63A.060 and 43.63A.065. 85-19-042 (Order 85-10), § 365-110-035, filed 9/13/85.]