WSR 11-01-067

EMERGENCY RULES

BUILDING CODE COUNCIL


[ Filed December 9, 2010, 3:56 p.m. , effective January 1, 2011 ]


     Effective Date of Rule: January 1, 2011.

     Purpose: To provide additional time for consideration of stakeholder interests and technical assistance regarding the potential economic impacts of existing rules on specific industries.

     Citation of Existing Rules Affected by this Order: Amending WAC 51-50-0907, 51-51-0315, and 51-54-0900.

     Statutory Authority for Adoption: Chapter 19.27 RCW.

     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: Rules regarding installation of carbon monoxide (CO) alarms in residential settings are currently scheduled to go into effect on January 1, 2011 (statutory requirement), for new construction, and July 1, 2011, for existing units. The implementation date for existing units is not a statutory mandate, and may cause financial hardship on certain industries; additional time is needed to consider ways to mitigate or eliminate the economic impacts, without compromising public safety. Adoption of this emergency rule will eliminate the upcoming requirements for installation of CO alarms in existing dwelling units in 2011, and allow time for further consideration of stakeholder economic interests and alternative amendments.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

     Date Adopted: November 19, 2010.

John C. Cochran

Chair

OTS-3809.1


AMENDATORY SECTION(Amending WSR 10-03-097, filed 1/20/10, effective 7/1/10)

WAC 51-50-0907   Section 907 -- Fire alarm and detection systems.  


[F] 907.2.8 Group R-1. Fire alarm systems, smoke alarms and carbon monoxide alarms shall be installed in Group R-1 occupancies as required in Sections 907.2.8.1 through 907.2.8.4.


[F] 907.2.8.4. Carbon monoxide alarms. For new construction, an approved carbon monoxide alarm shall be installed ((by January 1, 2011,)) outside of each separate sleeping area in the immediate vicinity of the bedroom in sleeping units((. In a building where a tenancy exists, the tenant shall maintain the CO alarm as specified by the manufacturer including replacement of the batteries)) within which fuel-fired appliances are installed, and in sleeping units that have attached garages.


[F] 907.2.8.4.1 Existing sleeping units. Existing sleeping units within which fuel-fired appliances exist or that have attached garages shall be equipped with carbon monoxide alarms by ((July 1, 2011)) January 1, 2013.


[F] 907.2.8.4.2 Alarm requirements. Single station carbon monoxide alarms shall be listed as complying with UL 2034 and shall be installed in accordance with this code and the manufacturer's installation instructions.


[F] 907.2.9 Group R-2. Fire alarm systems, smoke alarms and carbon monoxide alarms shall be installed in Group R-2 occupancies as required in Sections 907.2.9.1 through 907.2.9.3.


[F] 907.2.9.3. Carbon monoxide alarms. For new construction, an approved carbon monoxide alarm shall be installed ((by January 1, 2011,)) outside of each separate sleeping area in the immediate vicinity of the bedroom in dwelling units((. In a building where a tenancy exists, the tenant shall maintain the CO alarm as specified by the manufacturer including replacement of the batteries)) within which fuel-fired appliances are installed and in dwelling units that have attached garages.


[F] 907.2.9.3.1 Existing dwelling units. Existing dwelling units within which fuel-fired appliances exist or that have attached garages shall be equipped with carbon monoxide alarms by ((July 1, 2011)) January 1, 2013.


907.2.9.3.2 Alarm requirements. Single station carbon monoxide alarms shall be listed as complying with UL 2034 and shall be installed in accordance with this code and the manufacturer's installation instructions.


[F]907.2.10 Group R-3. Carbon monoxide alarms shall be installed in Group R-3 occupancies as required in Sections 907.2.10.1 through 907.2.10.3.


[F]907.2.l0.1 Carbon monoxide alarms. For new construction, an approved carbon monoxide alarm shall be installed ((by January 1, 2011,)) outside of each separate sleeping area in the immediate vicinity of the bedroom in dwelling units((. In a building where a tenancy exists, the tenant shall maintain the CO alarm as specified by the manufacturer including replacement of the batteries)) within which fuel-fired appliances are installed and in dwelling units that have attached garages.


[F]907.2.10.2 Existing dwelling units. Existing dwelling units within which fuel-fired appliances exist or that have attached garages shall be equipped with carbon monoxide alarms by ((July 1, 2011)) January 1, 2013.


EXCEPTION: Owner-occupied Group R-3 residences legally occupied prior to July 1, 2010.

[F]907.2.10.3 Alarm requirements. Single station carbon monoxide alarms shall be listed as complying with UL 2034 and shall be installed in accordance with this code and the manufacturer's installation instructions.

[Statutory Authority: RCW 19.27.031 and 19.27.074. 10-03-097, § 51-50-0907, filed 1/20/10, effective 7/1/10.]

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

OTS-3808.1


AMENDATORY SECTION(Amending WSR 10-03-098, filed 1/20/10, effective 7/1/10)

WAC 51-51-0315   Section R315 -- Carbon monoxide alarms.  


R315.1 Carbon Monoxide Alarms. For new construction, an approved carbon monoxide alarm shall be installed ((by January 1, 2011,)) outside of each separate sleeping area in the immediate vicinity of the bedroom in dwelling units((. In a building where a tenancy exists, the tenant shall maintain the CO alarm as specified by the manufacturer including replacement of the batteries)) within which fuel-fired appliances are installed and in dwelling units that have attached garages.


R315.2 Existing Dwellings. Existing dwellings within which fuel-fired appliances exist or that have attached garages shall be equipped with carbon monoxide alarms by ((July 1, 2011)) January 1, 2013.


EXCEPTION: Owner-occupied detached one-family dwellings legally occupied prior to July 1, 2010.

R315.3 Alarm Requirements. Single station carbon monoxide alarms shall be listed as complying with UL 2034 and shall be installed in accordance with this code and the manufacturer's installation instructions.

[Statutory Authority: RCW 19.27.031 and 19.27.074. 10-03-098, § 51-51-0315, filed 1/20/10, effective 7/1/10.]

OTS-3810.2


AMENDATORY SECTION(Amending WSR 10-03-100, filed 1/20/10, effective 7/1/10)

WAC 51-54-0900   Chapter 9 -- Fire protection systems.  


902.1 Definitions.


ALERT SIGNAL. See Section 402.1.


ALERTING SYSTEM. See Section 402.1.


PORTABLE SCHOOL CLASSROOM. A structure, transportable in one or more sections, which requires a chassis to be transported, and is designed to be used as an educational space with or without a permanent foundation. The structure shall be trailerable and capable of being demounted and relocated to other locations as needs arise.


903.2.3 Group E. An automatic sprinkler system shall be provided for Group E Occupancies.


EXCEPTIONS: 1. Portable school classrooms, provided aggregate area of any cluster or portion of a cluster of portable school classrooms does not exceed 5,000 square feet (1465 m2); and clusters of portable school classrooms shall be separated as required by the building code.
2. Group E Occupancies with an occupant load of 50 or less, calculated in accordance with Table 1004.1.1.

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.


EXCEPTION: Group R-1 if all of the following conditions apply:
1. The Group R fire area is no more than 500 square feet and is used for recreational use only.
2. The Group R fire area is on only one story.
3. The Group R fire area does not include a basement.
4. The Group R fire area is no closer than 30 feet from another structure.
5. Cooking is not allowed within the Group R fire area.
6. The Group R fire area has an occupant load of no more than 8.
7. A hand held (portable) fire extinguisher is in every Group R fire area.

903.6.3 Nightclub. Existing nightclubs constructed prior to July 1, 2006, shall be provided with automatic sprinklers not later than December 1, 2009.


SECTION 906 -- PORTABLE FIRE EXTINGUISHERS


906.1 Where required. Portable fire extinguishers shall be installed in the following locations:

     1. In new and existing Group A, B, E, F, H, I, M, R-1, R-2, R-4 and S occupancies.

     2. Within 30 feet (9144 mm) of commercial cooking equipment.

     3. In areas where flammable or combustible liquids are stored, used or dispensed.

     4. On each floor of structures under construction, except Group R-3 occupancies, in accordance with Section 1415.1.

     5. Where required by the sections indicated in Table 906.l.

     6. Special-hazard areas, including, but not limited to, laboratories, computer rooms and generator rooms, where required by the fire code official.


SECTION 907 -- FIRE ALARM AND DETECTION SYSTEMS


[F] 907.2.8 Group R-1. Fire alarm systems, smoke alarms and carbon monoxide alarms shall be installed in Group R-1 occupancies as required in this section and Section 907.2.8.4.


[F] 907.2.8.4((.)) Carbon monoxide alarms. For new construction, an approved carbon monoxide alarm shall be installed ((by January 1, 2011,)) outside of each separate sleeping area in the immediate vicinity of the bedroom in sleeping units((. In a building where a tenancy exists, the tenant shall maintain the CO alarm as specified by the manufacturer including replacement of the batteries)) within which fuel-fired appliances are installed, and in sleeping units that have attached garages.


[F] 907.2.8.4.1 Existing sleeping units. Existing sleeping units shall be equipped with carbon monoxide alarms by ((July 1, 2011)) January 1, 2013.


[F] 907.2.8.4.2 Alarm requirements. Single station carbon monoxide alarms shall be listed as complying with UL 2034 and shall be installed in accordance with this code and the manufacturer's installation instructions.


[F] 907.2.9 Group R-2. Fire alarm systems, smoke alarms and carbon monoxide alarms shall be installed in Group R-2 occupancies as required in Sections 907.2.9.1 through 907.2.9.3.


((907.2.9.1)) [F] 907.2.9.1.1 Group R-2 boarding homes. A manual fire alarm system shall be installed in Group R-2 occupancies where the building contains a boarding home licensed by the state of Washington.


EXCEPTION: In boarding homes licensed by the state of Washington, manual fire alarm boxes in resident sleeping areas shall not be required at exits if located at all constantly attended staff locations, provided such staff locations are visible, continuously accessible, located on each floor, and positioned so no portion of the story exceeds a horizontal travel distance of 200 feet to a manual fire alarm box.

[F] 907.2.9.3 Carbon monoxide alarms. For new construction, an approved carbon monoxide alarm shall be installed ((by January 1, 2011,)) outside of each separate sleeping area in the immediate vicinity of the bedroom in dwelling units((. In a building where a tenancy exists, the tenant shall maintain the CO alarm as specified by the manufacturer including replacement of the batteries)) within which fuel-fired appliances are installed, and in dwelling units that have attached garages.


[F] 907.2.9.3.1 Existing dwelling units. Existing dwelling units within which fuel-fired appliances exist or that have attached garages shall be equipped with carbon monoxide alarms by ((July 1, 2011)) January 1, 2013.


[F] 907.2.9.3.2 Alarm requirements. Single station carbon monoxide alarms shall be listed as complying with UL 2034 and shall be installed in accordance with this code and the manufacturer's installation instructions.


[F] 907.2.10 Group R-3. Carbon monoxide alarms shall be installed in Group R-3 occupancies as required in Sections 907.2.10.1 through 907.2.10.3.


[F] 907.2.l0.1 Carbon monoxide alarms. For new construction, an approved carbon monoxide alarm shall be installed ((by January 1, 2011,)) outside of each separate sleeping area in the immediate vicinity of the bedroom in dwelling units((. In a building where a tenancy exists, the tenant shall maintain the CO alarm as specified by the manufacturer including replacement of the batteries)) within which fuel-fired appliances are installed, and in dwelling units that have attached garages.


[F] 907.2.10.2 Existing dwelling units. Existing dwelling units within which fuel-fired appliances exist or that have attached garages shall be equipped with carbon monoxide alarms by ((July 1, 2011)) January 1, 2013.


EXCEPTION: Owner-occupied Group R-3 residences legally occupied prior to July 1, 2010.

[F] 907.2.10.3 Alarm requirements. Single station carbon monoxide alarms shall be listed as complying with UL 2034 and shall be installed in accordance with this code and the manufacturer's installation instructions.


909.6.3 Elevator shaft pressurization. Where elevator shaft pressurization is required to comply with Exception 6 of IBC Section 708.14.1, the pressurization system shall comply with and be maintained in accordance with IBC 708.14.2.


909.6.3.1 Activation. The elevator shaft pressurization system shall be activated by a fire alarm system which shall include smoke detectors or other approved detectors located near the elevator shaft on each floor as approved by the building official and fire code official. If the building has a fire alarm panel, detectors shall be connected to, with power supplied by, the fire alarm panel.


909.6.3.2 Power system. The power source for the fire alarm system and the elevator shaft pressurization system shall be in accordance with Section 909.11.


SECTION 915 ALERTING SYSTEMS


915.1 General. An approved alerting system shall be provided in buildings and structures as required in chapter 4 and this section, unless other requirements are provided by another section of this code.


EXCEPTION: Approved alerting systems in existing buildings, structures or occupancies.

915.2 Power source. Alerting systems shall be provided with power supplies in accordance with Section 4.4.1 of NFPA 72 and circuit disconnecting means identified as "EMERGENCY ALERTING SYSTEM."


EXCEPTION: Systems which do not require electrical power to operate.

915.3 Duration of Operation. The alerting system shall be capable of operating under nonalarm condition (quiescent load) for a minimum of 24 hours and then shall be capable of operating during an emergency condition for a period of 15 minutes at maximum connected load.


915.4 Combination system. Alerting system components and equipment shall be allowed to be used for other purposes.


915.4.1 System priority. The alerting system use shall take precedence over any other use.


915.4.2 Fire alarm system. Fire alarm systems sharing components and equipment with alerting systems must be in accordance with Section 6.8.4 of NFPA 72.


915.4.2.1 Signal priority. Recorded or live alert signals generated by an alerting system that shares components with a fire alarm system shall, when actuated, take priority over fire alarm messages and signals.


915.4.2.2 Temporary deactivation. Should the fire alarm system be in the alarm mode when such an alerting system is actuated, it shall temporarily cause deactivation of all fire alarm-initiated audible messages or signals during the time period required to transmit the alert signal.


915.4.2.3 Supervisory signal. Deactivation of fire alarm audible and visual notification signals shall cause a supervisory signal for each notification zone affected in the fire alarm system.


915.5 Audibility. Audible characteristics of the alert signal shall be in accordance with Section 7.4.1 of NFPA 72 throughout the area served by the alerting system.


EXCEPTION: Areas served by approved visual or textual notification, where the visible notification appliances are not also used as a fire alarm signal, are not required to be provided with audibility complying with Section 915.6.

915.6 Visibility. Visible and textual notification appliances shall be permitted in addition to alert signal audibility.

[Statutory Authority: RCW 19.27.031 and 19.27.074. 10-03-100, § 51-54-0900, filed 1/20/10, effective 7/1/10. Statutory Authority: RCW 19.27.190, 19.27.020, and chapters 19.27 and 34.05 RCW. 09-04-027, § 51-54-0900, filed 1/28/09, effective 7/1/10; 08-01-101, § 51-54-0900, filed 12/18/07, effective 4/1/08. Statutory Authority: RCW 19.27.031, 19.27.074, and chapters 19.27 and 34.05 RCW. 07-01-093, § 51-54-0900, filed 12/19/06, effective 7/1/07. Statutory Authority: RCW 19.27.020, 19.27.031, 19.27.074 and chapters 19.27 and 34.05 RCW. 05-24-071, § 51-54-0900, filed 12/5/05, effective 7/1/06. Statutory Authority: RCW 19.27.031 and 19.27.074. 04-01-105, § 51-54-0900, filed 12/17/03, effective 7/1/04.]

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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