WSR 06-20-045

EMERGENCY RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed September 27, 2006, 9:22 a.m. , effective September 27, 2006 ]


     Effective Date of Rule: Immediately.

     Purpose: Chapter 296-46B WAC, Electrical safety standards, administration, and installation, the purpose of this emergency rule is to extend the emergency rule that was filed on May 31, 2006. The emergency rules is [are] needed because department adopted provisions from the 2005 National Electrical Code (NEC) regarding coordinated systems for new and existing buildings or structures. It was recently brought to the department's attention that upgrading existing buildings to a coordinated system is placing a significant economic burden on building owners and businesses. Also, due to the increased regulatory requirements associated with the coordinated systems, facilities such as hospitals and schools will have to be placed out-of-service for extended periods of time. The emergency rules will not require existing buildings to install a coordinated system. The emergency rule will provide building owners and businesses financial relief from having to upgrade the existing emergency systems without compromising public safety. The emergency adoption of these changes is necessary to address issues associated with general welfare and public safety.

     Citation of Existing Rules Affected by this Order: Amending WAC 296-46B-700 Special conditions -- Emergency systems.

     Statutory Authority for Adoption: Chapter 19.28 RCW, Electricians and electrical installations.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: The emergency adoption of these changes is necessary to address issues associated with general welfare and public safety. It would be detrimental [to] the general welfare and public safety if hospitals and schools has to be shut down while the upgrades are being made or if such public facilities could not open because the cost of the upgrades would be a significant economic burden.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.

     Date Adopted: September 27, 2006.

Gary Weeks

Director

OTS-8904.2


AMENDATORY SECTION(Amending WSR 05-10-024, filed 4/26/05, effective 6/30/05)

WAC 296-46B-700   ((Special conditions -- ))Emergency systems.  

     001 Emergency systems - general.

     (1) In all health or personal care facilities defined in this chapter, educational facilities, institutional facilities, hotels, motels, and places of assembly for one hundred or more persons, all exit and emergency lights must be installed in accordance with Article 700 NEC and located as required in standards adopted by the state building code council under chapter 19.27 RCW.

     009 Emergency systems - equipment identification.

     (2) All exit and emergency lights, whether or not required by the NEC, must be installed in accordance with Article 700 NEC.

     (3) All boxes and enclosures, for Article 700 NEC systems, larger than six inches by six inches, including transfer switches, generators, and power panels for emergency systems and circuits must be permanently identified with an identification plate that is substantially orange in color. All other device and junction boxes for emergency systems and circuits must be substantially orange in color, both inside and outside.

     027 Coordination.

     (4) The requirements for selective coordination described in NEC 700.27 are not required in existing buildings or structures. For new buildings or structures that are supplied from an existing building, structure, or system, the portion of the emergency system not within the existing building or structure must comply with NEC 700.27. The ground fault sensing function of overcurrent protective devices will only be required to selectively coordinate with the ground fault sensing functions of other overcurrent protective devices.

[Statutory Authority: RCW 19.28.006, 19.28.010, 19.28.031, 19.28.041, 19.28.061, 19.28.101, 19.28.131, 19.28.161, 19.28.171, 19.28.191, 19.28.201, 19.28.211, 19.28.241, 19.28.251, 19.28.281, 19.28.311, 19.28.321, 19.28.400, 19.28.420, 19.28.490, and 19.28.551. 05-10-024, § 296-46B-700, filed 4/26/05, effective 6/30/05. Statutory Authority: RCW 19.28.006, 19.28.010, 19.28.031, 19.28.041, 19.28.061, 19.28.101, 19.28.131, 19.28.161, 19.28.171, 19.28.191, 19.28.201, 19.28.211, 19.28.241, 19.28.251, 19.28.271, 19.28.311, 19.28.321, 19.28.400, 19.28.420, 19.28.490, 19.28.551, 2002 c 249, chapters 34.05 and 19.28 RCW. 03-09-111, § 296-46B-700, filed 4/22/03, effective 5/23/03.]


NEW SECTION
WAC 296-46B-701   Legally required standby systems.  

     018 Coordination.

     The requirements for selective coordination described in NEC 701.18 are not required in existing buildings or structures. For new buildings or structures that are supplied from an existing building, structure, or system, the portion of the legally required standby system not within the existing building or structure must comply with NEC 701.18. The ground fault sensing function of overcurrent protective devices will only be required to selectively coordinate with the ground fault sensing functions of other overcurrent protective devices.

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