WSR 03-18-074

PROPOSED RULES

BUILDING CODE COUNCIL


[ Filed August 29, 2003, 2:11 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-12-017.

Title of Rule: Amendment of chapter 51-04 WAC, Policies and procedures for consideration of statewide and local amendments to the State Building Code.

Purpose: To update code references in chapter 51-04 WAC, Policies and Procedures for Local and Statewide Amendments to the State Building Code, and clarify procedures for statewide amendments to the State Building Code.

Statutory Authority for Adoption: RCW 19.27.031 and 19.27.074.

Statute Being Implemented: Chapters 19.27 and 34.05 RCW.

Summary: The proposed rule includes updating references to the model codes listed in RCW 19.27.031 and clarifying the procedures for statewide amendment of the State Building Code.

Reasons Supporting Proposal: RCW 19.27.031 and 19.27.074.

Name of Agency Personnel Responsible for Drafting and Implementation: Tim Nogler, Olympia, Washington 98504-8350, (360) 725-2969; 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 issues proposed 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 model codes listed in RCW 19.27.031 was revised by the legislature this past session. The proposed rule corrects references to those model codes throughout the council's policies and procedures for state wide and local amendments to the State Building Code. The rule also attempts to clarify the process used to amend the State Building Code.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule only updates references and provides clarification and has no economic impact.

RCW 34.05.328 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: Spokane City Council Chambers, West 808 Spokane Falls Boulevard, Spokane, WA, on October 10, 2003, at 10:00 a.m.; and at the Holiday Inn Select/Renton, One Grady Way South, Renton, WA, on October 17, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact

Sue Mathers by September 26, 2003, TDD (360) 753-7427 or (360) 725-2967.

Submit Written Comments to: Stan Price, Chairman, State Building Code Council, P.O. Box 48350, Olympia, WA 98504-8350, fax (360) 586-9383, e-mail sbcc@cted.wa.gov, by October 17, 2003.

Date of Intended Adoption: November 21, 2003.

August 7, 2003

Tim Nogler

for Stan Price

Council Chair

OTS-6579.1


AMENDATORY SECTION(Amending WSR 98-24-077, filed 12/1/98, effective 7/1/99)

WAC 51-04-015   Definitions.   (1) "Supplements and accumulative supplements" mean the publications between editions of the ((uniform)) model codes and standards which include changes to the current edition of the ((uniform)) model codes and standards.

(2) "Council" means the Washington state building code council.

(3) "Emergency statewide amendment" means any proposed statewide amendment, the adoption of which is necessary immediately in order to protect life, safety or health of building occupants; preserve the structural integrity of buildings built to the state building code; to correct errors and omissions; or by the direction of the Washington state legislature or federal legislation. Emergency statewide amendments to the state building code must be adopted in accordance with the Administrative Procedure Act, chapter 34.05 RCW.

(4) "Local government amendment" means any amendment to the state building code, as adopted by cities or counties for implementation and enforcement in their respective jurisdictions.

(5) "Local government residential amendment" means any amendment to the state building code, as adopted by cities or counties for implementation and enforcement in their respective jurisdictions, that applies to single and multifamily buildings as defined by RCW 19.27.015.

(6) "State building code" means the ((Uniform)) International Building Code ((and Standards)) including regulations for accessibility; the International Residential Code; the ((Uniform)) International Mechanical Code except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code); the ((Uniform)) International Fire Code ((and Standards)) including those standards of the National Fire Protection Association specifically referenced in the International Fire Code; the Uniform Plumbing Code and Standards((; the state regulations for barrier-free facilities)), as designated in RCW 19.27.031; the state energy code; and any other codes so designated by the Washington state legislature as adopted and amended by the council.

(7) "Statewide amendment" means any amendment to the building code, initiated through council action or by petition to the council from any agency, city or county, or interested individual or organization, that would have the effect of amending the building code for the entire state of Washington. Statewide amendments to the state building code must be adopted in accordance with the Administrative Procedure Act, chapter 34.05 RCW.

(8) "State building code update cycle" means that period during which the ((uniform)) model code and standards referenced in chapter 19.27 RCW are updated and amended by the council in accordance with the Administrative Procedure Act, chapter 34.05 RCW hereinafter referred to as the "adoption period" and those additional periods when code changes are received for review as proposed amendments to the ((uniform)) model codes, hereinafter referred to as "submission periods."

(9) "((Uniform)) Model codes" means the ((Uniform)) International Building, Mechanical, ((Plumbing,)) and Fire Codes and the Uniform Plumbing Code as published by the International ((Conference of Building Officials,)) Code Council and the International Association of Plumbing and Mechanical Officials((, and Western Fire Chiefs)) respectively.

[Statutory Authority: RCW 19.27.035 and 19.27.074. 98-24-077, 51-04-015, filed 12/1/98, effective 7/1/99. Statutory Authority: RCW 19.27.074. 98-02-048, 51-04-015, filed 1/5/98, effective 7/1/98. Statutory Authority: RCW 19.27.035 and chapter 34.05 RCW. 94-05-058, 51-04-015, filed 2/10/94, effective 3/13/94. Statutory Authority: Chapters 19.27 and 34.05 RCW and 1989 c 348. 90-02-108, 51-04-015, filed 1/3/90, effective 2/3/90.]


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

WAC 51-04-020   Policies for the consideration of proposed statewide amendments.   Statewide and emergency statewide amendments to the state building code should 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:

((In every year excluding the year with the adoption period,)) The state building code council shall identify a submission period of at least thirty days when revisions to the ((uniform codes and the)) state building code ((which addresses portions of the state building code other than uniform codes)) may be submitted. The state building code council shall review all submissions and accept for future rule making those revisions favorably reviewed. Submissions must be received by March 1 to be considered for adoption by December 1 in any year. Revisions accepted shall be submitted to the International ((Conference of Building Officials,)) Code Council and the International Association of Plumbing and Mechanical Officials ((and the International Fire Code Institute)), respectively, as proposed revisions to the ((uniform)) model codes (unless recently considered as amendments) and held for further review during the adoption period.

The adoption period commences upon availability of the publication of the new edition of the ((uniform)) model codes by the International ((Conference of Building)) Code Council and the International Association of Plumbing and Mechanical Officials, and concludes with formal adoption of the revised building code 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. At the beginning of the adoption period, the state building code council shall identify a limited submission period of at least thirty days. During this period, the council will receive revisions proposed to:

The ((uniform)) model codes provided that the proposed revisions shall be limited to revisions which address changes in the ((uniform)) model codes since the previous edition.

The state building code which addresses existing statewide amendments to the ((uniform)) model codes.

The state building code which addresses portions of the state building code other than the ((uniform)) model codes.

In addition, the state building code council shall review for adoption those proposed revisions to the ((uniform)) model code accepted after preliminary review in those submission periods since the last adoption period. The state building code council shall consider the action of the International ((Conference of Building Officials,)) Code Council and the International Association of Plumbing and Mechanical Officials ((and the International Fire Code Institute)), respectively, in their consideration of these proposals.

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

[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 98-24-077, filed 12/1/98, effective 7/1/99)

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 official.

For the purposes of this section, the term "building 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.

Council building code related opinions shall be limited to the state regulations for barrier-free facilities, the state energy code, the state ventilation and indoor air quality code, and council amendments to the ((uniform)) model codes.

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 19.27.035 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.]

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