Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-19-051.

     Title of Rule and Other Identifying Information: Fire marshal standards, chapter 212-12 WAC.

     Hearing Location(s): General Administration Building, Room G-3, 210 11th Avenue S.W., Olympia, WA 98504, (360) 570-3139, on February 6, 2008, at 8:00 a.m.

     Date of Intended Adoption: February 7, 2008.

     Submit Written Comments to: Brandon LeMay, 210 11th Avenue S.W., Olympia, WA 98504, e-mail Brandon.lemay@wsp.wa.gov, fax (360) 570-3136, by February 5, 2008.

     Assistance for Persons with Disabilities: Contact Brandon LeMay by February 5, 2008, (360) 570-3139.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This chapter has been updated to correspond with the 2006 building and fire codes and to most accurately reflect the state fire marshal's procedures.

     Statutory Authority for Adoption: RCW 18.20.130, 18.46.110, 18.51.140, 41.12.485, 48.48.030, 48.48.045, 70.62.290, 74.15.050.

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

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Brandon LeMay, General Administration Building, P.O. Box 42600, Olympia, WA 98504-2600, (360) 570-3139.

     No small business economic impact statement has been prepared under chapter 19.85 RCW.

     A cost-benefit analysis is not required under RCW 34.05.328.

December 28, 2007

Paul S. Beckley

for John R. Batiste

Chief

OTS-1075.3

AMENDATORY SECTION(Amending WSR 02-16-023, filed 7/29/02, effective 8/29/02)

WAC 212-12-001   ((Purpose.)) Statement of authority.   ((The purpose of this chapter is to prescribe regulations consistent with nationally recognized good practice for the safeguarding of life and property from the hazards of fire, explosion, and panic. The director of fire protection is authorized to administer and enforce this chapter.)) The state director of fire protection is authorized to administer and enforce the provisions of this chapter.

[Statutory Authority: Chapter 19.27 RCW. 02-16-023, § 212-12-001, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. 93-05-032 (Order 93-02), § 212-12-001, filed 2/16/93, effective 3/19/93.]

     (28) "Transient accommodation" means any facility licensed by the department of health under chapter 70.62 RCW and chapter 246-360 WAC and shall include bed and breakfast inns. Transient accommodations shall be classified as a Group R, Division 1 Occupancy when accommodating more than ten persons and a Group R, Division 3 Occupancy when accommodating ten or less persons.)) Unless otherwise provided in this section, definitions in the Washington State Building Code, chapter 19.27 RCW, and 42 CFR Ch. IV § 483.70, National Fire Protection Association, standard 101 "Life Safety Code" 2000 edition, as adopted by CMS (Center for Medicare/Medicaid Services) shall apply to this chapter. The following definitions shall also apply to this chapter:

     (1) "State director of fire protection" means the director of fire protection within the Washington state patrol, the state fire marshal or authorized deputy or designee.

     (2) "New facility" means any facility that is being occupied for the first time, vacated for more than thirty days and reoccupied, or for which the license has expired, shall be considered a new facility and shall meet the current codes and standards as adopted. Except for boarding homes which may be vacated for more than thirty days if approved by the director of fire protection and the department of social and health services.

[Statutory Authority: Chapter 19.27 RCW. 02-16-023, § 212-12-005, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. 93-05-032 (Order 93-02), § 212-12-005, filed 2/16/93, effective 3/19/93.]

     (d) Occupancies, operations or processes not specifically covered elsewhere, in which the director of fire protection has responsibilities for the removal of fire hazards, shall be conducted and/or maintained in accordance with the latest edition of the National Fire Protection Association Fire Codes which shall be deemed prima facie evidence of good practice.)) The following administrative codes and regulations are hereby adopted by reference as if set forth fully herein:

     (1) Chapter 51-50 WAC, State Building Code adoption and amendment of the International Building Code.

     (2) Chapter 51-51 WAC, State Building Code adoption and amendment of the International Residential Code.

     (3) Chapter 51-52 WAC, State Building Code adoption and amendment of the International Mechanical Code.

     (4) Chapter 51-54 WAC, State Building Code adoption and amendment of the International Fire Code.

     (5) Chapter 51-56 WAC, State Building Code adoption and amendment of the Uniform Plumbing Code.

     (6) Chapter 51-57 WAC, State Building Code adoption and amendment of Appendix A, B and Appendix I of the Uniform Plumbing Code.

     (7) 42 CFR Ch. IV § 483.70, National Fire Protection Association, standard 101, "Life Safety Code," 2000 edition adopted by CMS (Center for Medicare/Medicaid Services) for application in nursing homes and hospitals.

[Statutory Authority: Chapter 19.27 RCW. 02-16-023, § 212-12-010, filed 7/29/02, effective 8/29/02; Order FM-77-2, § 212-12-010, filed 11/17/77; Order F-72-1, § 212-12-010, filed 1/24/72; Order F-71-1, § 212-12-010, filed 8/10/71; Order FMR-68-1, § 212-12-010, filed 5/2/68, effective 6/1/68; filed 3/22/60.]

     (3) All occupancies, operations, or processes in which the director of fire protection has responsibility shall comply with the provisions of this chapter.)) The provisions of this chapter apply to all facilities for which the director of fire protection is responsible for fire protection and enforcement including:

     Adult rehabilitation center.

     Alcoholism hospital.

     Alcoholism intensive inpatient treatment services.

     Alcoholism treatment facility.

     Psychiatric hospital.

     Boarding home.

     Birthing center.

     Child care occupancies.

     Group care facility.

     Group care facilities for severely and multiply handicapped children.

     Hospital.

     Nursing home.

     Transient accommodation.

     Public buildings.

     Enhanced services facilities.

     Examination of premises.

     Standard of safety.

     Schools -- Standards for fire prevention and safety -- Plan review and construction inspection.

     Removal of fire hazards -- Appeal of order -- Penalty.

     Reports and investigations of fire -- Police powers.

     Statistical information and reports.

     Examination of witnesses.

     Criminal prosecution.

     Record of fires.

     Premises with guard animals -- Registration, posting -- Acts permitted fire fighters -- Liability for injury to fire fighters.

     Hazardous liquid and gas pipeline accidents -- Preparedness of local first responders.

[Statutory Authority: Chapter 19.27 RCW. 02-16-023, § 212-12-015, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. 93-05-032 (Order 93-02), § 212-12-015, filed 2/16/93, effective 3/19/93.]

     (2) The director of fire protection may designate another person or agency to conduct the inspection.)) (1) Boarding home resident evacuation capability levels.

     (a) Evacuation capability is the ability of the resident of a boarding home licensed by the department of social and health services under chapter 18.20 RCW to respond to an emergency situation and either evacuate the boarding home or move to a point of safety.

     (b) Residents shall be classified in one of the following evacuation levels:

     (i) Level I - persons physically and cognitively capable of walking or traversing a normal pathway to safety, including the ascent and descent of stairs, and capable of self-preservation, without the physical assistance of another person.

     (ii) Level II - persons physically and cognitively capable of traversing a normal path to safety with the use of mobility aids, but unable to ascend or descend stairs without the physical assistance of another person.

     (iii) Level III - persons physically or cognitively unable to walk or traverse a normal path to safety without the physical assistance of another person.

     (2) Residents with evacuation capabilities of Level II or Level III must reside on the grade level floor unless the boarding home receives written approval by the director of fire protection to house these residents on other floor levels.

     (3) The boarding home must not admit or retain more than two residents with evacuation capabilities of Level II or Level III unless:

     (a) The boarding home receives written approval by the director of fire protection to care for more than two residents with evacuation capabilities of Level II or Level III;

     (b) The boarding home is divided into at least two smoke barrier compartments on each floor; and

     (c) The boarding home has an operational automatic sprinkler system throughout the facility, unless the boarding home was initially licensed prior to July 1, 2007, and is licensed for six or fewer residents.

[Statutory Authority: Chapter 19.27 RCW. 02-16-023, § 212-12-020, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. 93-05-032 (Order 93-02), § 212-12-020, filed 2/16/93, effective 3/19/93.]

     (3) Should this process not satisfy the appellant, he or she may further appeal per chapter 34.05 RCW.)) Any facility licensed by the department of health or the department of social and health services, and inspected by the office of the state fire marshal, shall report within twenty-four hours to the office of the state fire marshal any accidental or unintentional fire, any deliberately set improper fire, any unusual incident that required implementation of the facility disaster plan, including any evacuation of all or part of the resident population to another area within the facility or to another address, and any circumstance which threatened or could have threatened the ability of the facility to ensure continuation of normal services to the residents.

[Statutory Authority: Chapter 19.27 RCW. 02-16-023, § 212-12-025, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. 93-05-032 (Order 93-02), § 212-12-025, filed 2/16/93, effective 3/19/93.]

     (4) Chapter 51-45 WAC, State Building Code adoption of the 1997 edition of the Uniform Fire Code Standards.)) The following procedure will apply to appeals of orders, decisions or citations made by the state fire marshal's office:

     (1) Administrative appeal (step 1) - A facility will have an opportunity to dispute cited deficiencies with a chief deputy state fire marshal. The purpose of this informal process is to give the facility an opportunity to refute cited deficiencies after an inspection. A written request with an explanation of the specific deficiencies that are being disputed shall be submitted within ten days of receipt of the correction notice. All submittals shall be sent to WSP-Fire Protection Bureau, P.O. Box 42600, Olympia, WA 98504-2600. If a facility is successful in demonstrating that a deficiency should not have been cited, the chief deputy state fire marshal will remove or make the appropriate corrections to the citation. If a facility is unsuccessful in demonstrating that a deficiency should not have been cited, the facility will be notified in writing that the citation will remain unchanged. The facility will then have the option to proceed to step #2 in the administrative appeal process.

     (2) Administrative appeal (step 2) - If a facility is not satisfied with the decision made during the administrative appeal (step 1), they may appeal the decision in writing within seven days of receipt of the written decision to the prevention division assistant state fire marshal. If a facility is successful in demonstrating that a deficiency should not have been cited, the assistant state fire marshal will remove or make the appropriate corrections to the citation. If a facility is unsuccessful in demonstrating that a deficiency should not have been cited, the facility will be notified in writing that the citation will remain unchanged. The facility will then have the option to proceed to step #3 in the administrative appeal process.

     (3) Administrative appeal (step 3) - If a facility is not satisfied with the decision made during the administrative appeal (step 2), they may appeal the decision in writing within seven days of receipt of the written decision to the director of fire protection. If a facility is successful in demonstrating that a deficiency should not have been cited, the director of fire protection will remove or make the appropriate corrections to the citation. If a facility is unsuccessful in demonstrating that a deficiency should not have been cited, the facility will be notified in writing that the citation will remain unchanged.

     (4) This is a final agency action.

[Statutory Authority: Chapter 19.27 RCW. 02-16-023, § 212-12-030, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. 93-05-032 (Order 93-02), § 212-12-030, filed 2/16/93, effective 3/19/93.]

     (1) Action to take by the person discovering a fire.

     (2) Method of sounding an alarm on the premises.

     (3) Actions to take for evacuation and assuring accountability of the occupants.

     (4) An evacuation floor plan identifying exits.

     (5) In Group R, Division 1 Occupancies and Group R, Division 3 Occupancies used as transient accommodations, a copy of the written evacuation plan shall be posted in each guest room.

[Statutory Authority: Chapter 19.27 RCW. 02-16-023, § 212-12-040, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. 93-05-032 (Order 93-02), § 212-12-040, filed 2/16/93, effective 3/19/93.]

[Statutory Authority: Chapter 19.27 RCW. 02-16-023, § 212-12-044, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. 93-05-032 (Order 93-02), § 212-12-044, filed 2/16/93, effective 3/19/93.]

     The following sections of the Washington Administrative Code are repealed:

WAC 212-12-011	Applicability.
WAC 212-12-200	Purpose.
WAC 212-12-210	Definitions.
WAC 212-12-220	Applicability.
WAC 212-12-230	Compliance.
WAC 212-12-240	Inspection.
WAC 212-12-250	Approval.
WAC 212-12-260	Right of appeal.
WAC 212-12-270	Local codes.
WAC 212-12-280	Standards.
WAC 212-12-290	Construction requirements.
WAC 212-12-300	Modernization or renovation.
WAC 212-12-310	Additions.
WAC 212-12-320	Design, operation.
WAC 212-12-330	Staffing requirements.
WAC 212-12-340	Fire extinguishers.
WAC 212-12-350	Lighting.
WAC 212-12-360	Protection from hazards.
WAC 212-12-370	Sprinkler systems.
WAC 212-12-380	Fire alarm.
WAC 212-12-390	Smoke detection.
WAC 212-12-400	Equipment, inspection, testing and maintenance.
WAC 212-12-410	Severability.

© Washington State Code Reviser's Office