WSR 09-04-023

PERMANENT RULES

BUILDING CODE COUNCIL


[ Filed January 27, 2009, 1:53 p.m. , effective July 1, 2009 ]


Effective Date of Rule: Amendments to WAC 51-51-0202 and 51-51-0302 take effect July 1, 2009; and amendments to WAC 51-51-0325 take effect July 1, 2010.

Purpose: To amend portions of chapter 51-51 WAC, the state amendments to the International Residential Code.

Citation of Existing Rules Affected by this Order: Amending WAC 51-51-0202, 51-51-0302, and 51-51-0325.

Statutory Authority for Adoption: RCW 19.27.190 and 19.27.020.

Other Authority: Chapters 19.27 and 34.05 RCW.

Adopted under notice filed as WSR 08-17-089 on August 19, 2008.

Changes Other than Editing from Proposed to Adopted Version: The definition for Air Impermeable Insulation was not adopted. Changes to WAC 51-51-0806 were not adopted. In WAC 51-51-0325, Option 1 for Section R325.8 was adopted.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 3, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

Date Adopted: November 14, 2008.

John P. Neff

Council Chair

OTS-1815.3


AMENDATORY SECTION(Amending WSR 08-01-102, filed 12/18/07, effective 4/1/08)

WAC 51-51-0202   Section R202 -- Definitions.  


ADULT FAMILY HOME means a dwelling in which a person or persons provide personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services.


BALCONY, EXTERIOR. Definition is not adopted.


CHILD DAY CARE, shall, for the purposes of these regulations, mean the care of children during any period of a 24 hour day.


CHILD DAY CARE HOME, FAMILY is a child day care facility, licensed by the state, located in the dwelling of the person or persons under whose direct care and supervision the child is placed, for the care of twelve or fewer children, including children who reside at the home.


DECK. Definition is not adopted.


DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling units may also include the following uses:

1. Adult family homes, foster family care homes and family day care homes licensed by the Washington state department of social and health services.

2. Offices, mercantile, food preparation for off-site consumption, personal care salons or similar uses which are conducted primarily by the occupants of the dwelling unit and are secondary to the use of the unit for dwelling purposes, and which do not exceed 500 square feet (46.4m2).


FIRE SEPARATION DISTANCE. The distance measured from the foundation wall or face of the wall framing, whichever is closer, to one of the following:

1. To the closest interior lot line; or

2. To the centerline of a street, an alley or public way; or

3. To an imaginary line between two buildings on the lot.

The distance shall be measured at a right angle from the wall.


SMALL BUSINESS. Any business entity (including a sole proprietorship, corporation, partnership or other legal entity) which is owned and operated independently from all other businesses, which has the purpose of making a profit, and which has fifty or fewer employees, or which has a million dollars or less per year in gross sales, of window products.


UNUSUALLY TIGHT CONSTRUCTION. Construction meeting the following requirements:

1. Walls exposed to the outside atmosphere having a continuous water vapor retarder with a rating of 1 perm (57 ng/smPa) or less with openings gasketed or sealed;

2. Openable windows and doors meeting the air leakage requirements of the International Energy Conservation Code, Section 502.1.4; and

3. Caulking or sealants are applied to areas such as joints around window and door frames, between sole plates and floors, between wall-ceiling joints, between wall panels, at penetrations for plumbing, electrical and gas lines, and at other openings; or

4. Buildings built in compliance with the 1986 or later editions of the Washington State Energy Code chapter 51-11 WAC, Northwest Energy Code, or Super Good Cents weatherization standards or equivalent.

[Statutory Authority: RCW 19.27.190, 19.27.020, and chapters 19.27 and 34.05 RCW. 08-01-102, 51-51-0202, filed 12/18/07, effective 4/1/08. Statutory Authority: RCW 19.27.074, 19.27.020, and chapters 19.27 and 34.05 RCW. 07-01-090, 51-51-0202, filed 12/19/06, effective 7/1/07. Statutory Authority: RCW 19.27.031 and 19.27.074. 04-01-109, 51-51-0202, filed 12/17/03, effective 7/1/04.]


AMENDATORY SECTION(Amending WSR 08-01-102, filed 12/18/07, effective 4/1/08)

WAC 51-51-0302   Section R302 -- Location on lot.  


R302.1 Exterior walls. Exterior walls with a fire separation distance ((less than)) of 3 feet (914 mm) or less shall have not less than a one-hour fire-resistive rating with exposure from both sides. Projections shall not extend to a point closer than 2 feet (610 mm) from the line used to determine the fire separation distance.


EXCEPTION: Detached garages accessory to a dwelling located within 2 feet of a lot line may have roof eave projections not exceeding 4 inches.

Projections extending into the fire separation distance shall have not less than one-hour fire-resistive construction on the underside. The above provisions shall not apply to walls which are perpendicular to the line used to determine the fire separation distance.


EXCEPTIONS: 1. Tool and storage sheds, playhouses and similar structures exempted from permits by Section R105.2 are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line.
2. Eave projections into the fire separation distance do not require one-hour fire-resistive construction where no openings are provided in the eaves, including openings for ventilation.

R302.2 Openings. Openings shall not be permitted in the exterior wall of a dwelling or accessory building with a fire separation distance ((less than)) of 3 feet (914 mm) or less. Openings, including openings for ventilation, shall be limited to 25% of the exterior wall area with a fire separation distance between 3 feet (914 mm) to less than 5 feet (1524 mm). This distance shall be measured perpendicular to the line used to determine the fire separation distance.


EXCEPTIONS: 1. Openings shall be permitted in walls that are perpendicular to the line used to determine the fire separation distance.
2. Foundation vents installed in compliance with this code are permitted.

R302.3 Penetrations. Penetrations located in the exterior wall of a dwelling with a fire separation distance ((less than)) of 3 feet (914 mm) or less shall be protected in accordance with Section R317.3.


EXCEPTION: Penetrations shall be permitted in walls that are perpendicular to the line used to determine the fire separation distance.

[Statutory Authority: RCW 19.27.190, 19.27.020, and chapters 19.27 and 34.05 RCW. 08-01-102, 51-51-0302, filed 12/18/07, effective 4/1/08.]


AMENDATORY SECTION(Amending WSR 07-01-090, filed 12/19/06, effective 7/1/07)

WAC 51-51-0325   Section R325 -- Adult family homes.  


SECTION R325

ADULT FAMILY HOMES



R325.1 General. This section shall apply to all newly constructed adult family homes and all existing single family homes being converted to adult family homes. This section shall not apply to those adult family homes licensed by the state of Washington department of social and health services prior to July 1, 2001.


R325.2 Submittal Standards. In addition to those requirements in Section 106.1, the submittal shall identify the project as a Group R-3 Adult Family Home Occupancy. A floor plan shall be submitted identifying the means of egress and the components in the means of egress such as stairs, ramps, platform lifts and elevators. The plans shall indicate the rooms used for clients and the sleeping room classification of each room.


R325.3 Sleeping Room Classification. Each sleeping room in an adult family home shall be classified as:

1. Type S - where the means of egress contains stairs, elevators or platform lifts.

2. Type NS1 - where one means of egress is at grade level or a ramp constructed in accordance with ((R311.6)) R325.9 is provided.

3. Type NS2 - where two means of egress are at grade level or ramps constructed in accordance with ((R311.6)) R325.9 are provided.


R325.4 Types of Locking Devices. All bedroom and bathroom doors shall be openable from the outside when locked.

Every closet shall be readily openable from the inside.

Operable parts of door handles, pulls, latches, locks and other devices installed in adult family homes shall be operable with one hand and shall not require tight grasping, pinching or twisting of the wrist. The force required to activate operable parts shall be 5.0 pounds (22.2 N) maximum. Exit doors shall have no additional locking devices.


R325.5 Smoke Alarm Requirements. All adult family homes shall be equipped with smoke alarms installed as required in Section R313. Alarms shall be installed in such a manner so that the fire warning may be audible in all parts of the dwelling upon activation of a single device.


R325.6 Escape Windows and Doors. Every sleeping room shall be provided with emergency escape and rescue windows as required by Section R310. No alternatives to the sill height such as steps, raised platforms or other devices placed by the openings will be approved as meeting this requirement.


R325.7 Fire Apparatus Access Roads and Water Supply for Fire Protection. Adult family homes shall be served by fire apparatus access roads and water supplies meeting the requirements of the local jurisdiction.


R325.8 Grab Bars. Grab bars shall be installed for all water closets and bathtubs and showers. The grab bars shall comply with ICC/ANSI A117.1 Sections 604.5 and 607.4 and 608.3.


EXCEPTION: Grab bars are not required for water closets and bathtubs and showers used exclusively by staff of the adult family home.

R325.9 Ramps. All interior and exterior ramps, when provided, shall be constructed in accordance with Section R311.6 with a maximum slope of 1 vertical to 12 horizontal. The exception to R311.6.1 is not allowed for adult family homes. Handrails shall be installed in accordance with R325.9.1.


R325.9.1 Handrails for Ramps. Handrails shall be installed on both sides of ramps between the slope of 1 vertical to 12 horizontal and 1 vertical and 20 horizontal in accordance with R311.6.3.1 through R311.6.3.3.


R325.10 Stair Treads and Risers. Stair treads and risers shall be constructed in accordance with R311.5.3.2. Handrails shall be installed in accordance with R325.10.1.


R325.10.1 Handrails for Treads and Risers. Handrails shall be installed on both sides of treads and risers numbering from one riser to multiple risers. Handrails shall be installed in accordance with R311.5.6.1 through R311.5.6.3.

[Statutory Authority: RCW 19.27.074, 19.27.020, and chapters 19.27 and 34.05 RCW. 07-01-090, 51-51-0325, filed 12/19/06, effective 7/1/07. Statutory Authority: RCW 19.27.031 and 19.27.074. 04-01-109, 51-51-0325, filed 12/17/03, effective 7/1/04.]

Washington State Code Reviser's Office