WSR 10-20-134

EXPEDITED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed October 5, 2010, 11:11 a.m. ]

Title of Rule and Other Identifying Information: Means of egress, chapter 296-307 WAC, Safety standards for agriculture and chapter 296-800 WAC, Safety and health core rules.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Naomi Goodman, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001 , AND RECEIVED BY December 7, 2010.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is updating its means of egress rule language to make it clear that the minimum ceiling height is seven feet six inches for an exit route. The language will also make it clear that no projection from the ceiling can be less than six feet eight inches from the floor.

Reasons Supporting Proposal: The department of labor and industries' division of occupational safety and health is required to have laws at-least-as-effective-as the federal Occupational Safety and Health Administration (OSHA).

Statutory Authority for Adoption: RCW 49.17.050.

Statute Being Implemented: Chapter 49.17 RCW.

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

Name of Proponent: Department of labor and industries, governmental.

Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael Silverstein, Tumwater, (360) 902-4805.

October 5, 2010

Judy Schurke

Director

OTS-3618.1


AMENDATORY SECTION(Amending WSR 97-09-013, filed 4/7/97, effective 4/7/97)

WAC 296-307-35009   What are the design requirements for exit routes?   You must ensure that each workplace meets each of the following requirements:

(1) Each exit is a permanent part of the workplace.

(2) Two exit routes, remote from one another, are available to provide alternate means for employees to safely leave the workplace during an emergency.

(a) A single exit route is permitted where the number of employees, the size of the building, its occupancy, or the arrangement of the workplace indicate that a single exit will allow all employees to exit safely during an emergency. Other means of escape, such as fire exits or accessible windows, should be available where fewer than two exit routes are provided.

(b) More than two exit routes are available to allow employees to safely leave the workplace during an emergency where the number of employees, the size of the building, its occupancy, or the arrangement of the workplace reasonably suggest that reliance on two exit routes could endanger employees.

(3) An exit has only those openings necessary to permit access to, or exit from, occupied areas of the workplace. An opening into an exit is protected by a self-closing fire door that remains closed. Each fire door, its frame, and hardware are listed or approved by a nationally recognized testing laboratory.

(4) Construction materials used to separate an exit have a 1-hour fire resistance rating if the exit connects three or fewer stories. Construction materials used to separate an exit have a 2-hour fire resistance rating if the exit connects 4 or more stories.

(5) Free and unobstructed access to each exit route is provided to ensure safe exit during an emergency.

(a) The exit route is free of material or equipment.

(b) Employees are not required to travel through a room that can be locked, such as a bathroom, or toward a dead end to reach an exit.

(c) Stairs or a ramp are used if the exit route is not substantially level.

(6) An exit leads directly outside or to a street, walkway, refuge area, or to an open space with access to the outside.

(a) The street, walkway, refuge area, or open space to which an exit leads is large enough to accommodate all building occupants likely to use that exit.

(b) A refuge area is:

(i) A space along an exit route protected from the effects of fire either by separation from other spaces within the building or by its location; or

(ii) A floor with at least two spaces separated by smoke-resistant partitions, in a building where each floor is protected by an automatic sprinkler system. An automatic sprinkler system complies with NFPA No. 13, Automatic Sprinkler Systems.

(c) Exit stairs that continue beyond the floor of exit discharge are interrupted by doors, partitions, or other effective means.

(7) Where a doorway or corner of a building is located near a railroad or trolley track so that an employee is liable to walk upon the track in front of an approaching engine or cars, a standard safeguard must be installed with a warning sign.

(8) An exit door can be readily opened from the inside without keys, tools, or special knowledge. A device, such as a panic bar, that locks only from the outside is permitted. An exit door is free of any device or alarm that, if it fails, can restrict emergency use of an exit.


Note: An exit door may be locked or blocked from the inside in a mental, penal, or correctional institution, if supervisory personnel are continually on duty and a plan exists to remove occupants during an emergency.


(9) The opening device on all doors of walk-in refrigerated or freezer rooms must be the type, when locked from the outside with a lock, can be opened from inside.

(10) A side-hinged exit door is used to connect any room to an exit route. A door that connects any room to an exit route swings out if the room may be occupied by more than 50 persons or highly flammable or explosive materials may be used inside.

(11) Each exit route supports the maximum-permitted occupant load for each floor served by the exit route. The capacity of an exit does not decrease with the direction of exit travel.

(12) Minimum height and width requirements:

(a) ((The ceiling for an exit route is at least 7 feet 6 inches high and the exit route is at least 6 feet 8 inches high at all points.

(b))) Make sure the exit route has a minimum ceiling height of 7 feet 6 inches and that no projection from the ceiling is less than 6 feet 8 inches from the floor.

(b) Objects that stick out into the exit route, such as fans hanging from the ceilings or cabinets on walls, must not reduce the minimum height of the exit route to less than 6 feet 8 inches from the floor.

(c) The width of an exit route is at least 28 inches wide at all points between handrails. An exit route is wider than 28 inches if necessary to accommodate the expected occupant load.

(((c))) (d) Objects that project into the exit route do not reduce the minimum height and width of an exit route.

(13) An outdoor exit route is permitted if it meets the requirements for an indoor exit route and the following additional requirements.

(a) The exit has guardrails to protect exposed sides.

(b) The exit route is covered if accumulation of snow or ice is likely and is not removed regularly.

(c) The exit route is reasonably straight with smooth, solid, substantially level floors.

(d) The exit route has no dead ends longer than 20 feet.

[97-09-013, recodified as 296-307-35009, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-22-048, 296-306A-35009, filed 10/31/96, effective 12/1/96.]

OTS-3619.1


AMENDATORY SECTION(Amending WSR 08-18-056, filed 9/2/08, effective 11/2/08)

WAC 296-800-31010   Make sure that exit routes are large enough.   You must:

Make sure each exit route is large enough to accommodate the maximum-permitted occupant load for each floor served by the route.

Make sure the capacity of an exit route does not decrease at any point.

((Make sure an exit route is at least 6 feet 8 inches high at all points.

Make sure projections from the ceiling do not reach a point less than 6 feet 8 inches from the floor.)) Make sure the exit route has a minimum ceiling height of 7 feet 6 inches and that no projection from the ceiling is less than 6 feet 8 inches from the floor.

Objects that stick out into the exit route, such as fans hanging from the ceilings or cabinets on walls, must not reduce the minimum height of the exit route to less than 6 feet 8 inches from the floor.

Make sure exit routes are at least 28 inches wide at all points between any handrails.

If necessary, routes must be wider than 28 inches to accommodate the expected occupant load.

Make sure objects that stick out into the exit route, such as cabinets on walls, do not reduce the minimum width of the exit route.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 08-18-056, 296-800-31010, filed 9/2/08, effective 11/2/08. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, 296-800-31010, filed 11/20/01, effective 12/1/01; 01-11-038, 296-800-31010, filed 5/9/01, effective 9/1/01.]

Washington State Code Reviser's Office