PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 10-09-067 and 10-09-065.
Title of Rule and Other Identifying Information: Amends chapters 51-50 and 51-54 WAC to modify rules regarding smoke alarm systems in I-4 child care centers.
Hearing Location(s): Jefferson Building, First Floor Conference Room, 1500 Jefferson Street, Olympia, WA 98507, on November 18, 2011, at 10:00 a.m.
Date of Intended Adoption: November 18, 2011.
Submit Written Comments to: Kristyn Clayton, Council Chair, State Building Code Council, P.O. Box 41449, Olympia, WA 98504-1449, e-mail SBCC@ga.wa.gov, fax (360) 586-5366, by November 18, 2011.
Assistance for Persons with Disabilities: Contact Peggy Bryden by November 4, 2011, TTY (360) 753-7427 or (360) 407-9280.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to provide additional safety measures for certain child care centers that serve children from birth to age thirty months, WAC 51-50-0907 and 51-54-0900 (Section 907).
Reasons Supporting Proposal: The office of the state fire marshal proposed amending the rules to increase safety for very young children in I-4 occupancy group child care settings, for consistency with licensing requirements.
Statutory Authority for Adoption: RCW 19.27.074.
Statute Being Implemented: Chapter 19.27 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Proposed rules will contribute to safer conditions in child care centers for very young children by requiring that the smoke alarm system be connected with the occupant notification system, thus allowing faster egress during a fire emergency.
Name of Proponent: State building code council and the office of the state fire marshal, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Joanne McCaughan, P.O. Box 41449, Olympia, WA 98504-1449, (360) 407-9279; and Enforcement: Office of the State Fire Marshal, P.O. Box 42600, Olympia, WA 98504-2600, (360) 596-3900.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
The 2009 Fire Code and Building Code, Section 907/Fire Alarm and Detection Systems establishes requirements for fire alarm systems and related components for new buildings and structures. For all Group I occupancies, the requirements include a manual fire alarm system that activates the occupant notification system. For Group I-1, I-2 and I-3, the requirements also include an automatic smoke detection system that activates the occupant notification system. Group I-4 child care centers is not currently covered under this section requiring automatic smoke detection components. The proposed rule would modify the existing requirement for automatic smoke detection components that activate the occupant notification system to include the I-4 child care centers.
Impact on Small Business: The proposed rules would result in some slight cost increases to child care businesses which build new buildings that are classified as I-4. Remodeling projects at existing facilities could also trigger the requirement, depending on the scope and nature of the project. The cost would depend on the size of the facility, the system design, and the number of alarms and other equipment needed. It is estimated that the additional smoke alarm requirements would add approximately $900 to the cost of the currently required manual fire alarm system of approximately $7500. These estimates are based on a hypothetical 1900 sq. ft. new facility.2 For existing I-4 centers there would be no cost, as the requirements would not be retroactive.
The impact on business would be neutral overall, with some positive benefits for alarm installation companies in instances where new or remodeled facilities are located. There would be no cost to current child care establishments, unless they choose to remodel or build new facilities.
Section I: Introduction/Compliance with the Proposed Rules.
How Will the Proposed Rules Compare to Current Rule Requirements? The proposed rules regarding installation of automatic smoke detection and full manual fire alarm systems in I-4 childcare settings will modify the Washington State Building Code and Fire Code.
Under the current rules, compliance with the Building Code (chapter 51-50 WAC) and Fire Code (chapter 51-54 WAC) Section 907 Fire Alarm and Detection Systems is required as follows:
| ♦ | According to Section 907.2 in both codes an approved fire alarm system "shall be provided in new buildings and structures..." |
| ♦ | Existing facilities would not be affected unless they choose to remodel those facilities or construct new buildings. |
Child Care Facility. Child care facilities that provide supervision and personal care on less than a twenty-four hour basis for more than five children 2 1/2 years of age or less shall be classified as Group I-4.
Exceptions:
1. A child day care facility that provides care for more than five but no more than one hundred children 2 1/2 years or less of age, where the rooms in which the children are cared for are located on a level of exit discharge serving such rooms and each of these child care rooms has an exit door directly to the exterior, shall be classified as Group E.
2. Family child day care homes licensed by Washington state for the care of twelve or fewer children shall be classified as Group R-3.
Similarly, in Chapter 3/Use and Occupancy Classification of the 2009 IBC, a Washington state amendment to Section 308.5/Group I-4 day care facilities, defines a child care facility as follows:
308.5.2 Child care facility. A facility that provides supervision and personal care on a less than twenty-four hour basis for more than five children 2 1/2 years of age or less shall be classified as Group I-4.
Exceptions:
1. A child day care facility that provides care for more than five but no more than 100 children 2 1/2 years or less of age, where the rooms in which the children are cared for are located on the level of exit discharge serving such rooms and each of these child care rooms has an exit door directly to the exterior, shall be classified as Group E.
2. Family child day care homes licensed by DEL for the care of twelve or fewer children shall be classified as Group R-3.
Who Is Required to Comply with the Proposed Rules? Under the current rules, if childcare facilities are located on a level of exit discharge, they are classified as Group E in both the Fire Code and the Building Code, and the proposed rules would not affect them. Similarly, if the childcare facilities are located in a private home they are classified as Group R-3. Thus, the I-4 classification is limited to those situations where care is provided on a level other than the level of exit discharge, and/or where care is provided in nonresidential settings.
Adherence with the proposed rules would only be required for new construction of I-4 facilities, or for remodeling of existing facilities that are classified as I-4. The effective date of the proposed rules for new I-4 classified facilities would be by July 1, 2012, after the next session of the Washington state legislature, pending the outcome of any modifications adopted during that session.
To comply with these rules, owners of new or remodeled I-4 childcare occupancies will need to:
| ♦ | Assess how many smoke alarms are needed; |
| ♦ | Determine installation methods and contract for appropriate services; |
| ♦ | Budget for the installation of the smoke alarm systems; |
| ♦ | Order and pay for smoke alarms, keep records, and ensure proper maintenance; |
| ♦ | Educate staff and hold necessary drills. |
Alarm System Cost: Alarm costs to meet the new requirements would be incremental costs based on the size of the system. For an entire system that includes all requirements of the current rules, plus the cost of the smoke alarms in the proposed rules the estimated total is $8,639, including the following components:
| 1 | Fire alarm panel |
| 1 | Lot of programming |
| 1 | Heat |
| 8 | Smokes (assuming that everything above the drop ceiling is properly sprinklered) |
| 4 | Sprinkler points (waterflow, tampers, etc.) |
| 3 | Pulls |
| 7 | Horn/strobes |
| 1 | Exterior bell/strobe |
| 1 | Remote annunciator |
| 1 | Lot of engineering (plans/submittals) |
| 1 | Lot of permits (fire and electrical) |
| 1 | Pretest |
| 1 | Final test |
| 1 | Lot of wire at about thirty cents a foot (expensive right now) |
Section III: Analysis of Proportionate Impact on Small
Businesses
| Small Businesses Impacted by Alarm Rules | ||
| TYPE OF BUSINESS |
NUMBER AFFECTED | ANTICIPATED IMPACTS |
| I-4 childcare centers | 0 to 303 | Slight to minor - additional cost for new smoke alarm requirements in new facilities. |
| Alarm systems - electric/installation | 0 to 304 | Neutral to positive - installation of smoke alarm systems in new construction or remodeling projects. |
| • | The impact on the childcare industry will be very slight, i.e., minor. |
| • | The impact on the alarm industry will be minor, but positive. |
Actions Taken to Reduce the Impact of the Rule on Small
Businesses: As written, the proposed rules would have minor
impacts on small businesses in the childcare and alarm
industries; no specific action was required to mitigate these
potential impacts.
Involvement of Small Business in the Development of the Proposed Rules: The Fire Code Technical Advisory Group members brought expertise in fire and emergency response; the alarm industry was consulted by the proponent to obtain estimated cost impacts.
Section V: Jobs Created or Lost as a Result of These Rules.
These rules are unlikely to impact job creation, as they
will not result in additional contracts for alarm
installation. They will simply gain a few hours of additional
work when a contract is signed for installation of a system in
new I-4 construction. For remodeling projects, there may be
only a need to add the smoke alarms required under the current
rules to an already existing system. This would not result in
additional jobs, but would require a short-term contract to
upgrade the system by a qualified alarm technician. These
proposed rules would not have a significant impact on the
alarm industry and would not affect employment rates in the
construction industry. For the childcare industry the impact
on jobs would be neutral, with no loss or gain anticipated as
a result of these proposed rules.
|
1 Washington department of early learning, 7/18/11, WA Childcare Centers data spreadsheet: Licensed and Exempt.
2 Per Pacific Fire & Security, Inc., Seattle, WA, 8/2/11 Estimate assumed total cost for the alarm system in a new facility to be $8,639 including $7,751 to meet current requirements and an additional $888 to meet the requirements under the proposed rules.
3 Dependent on the number of permit applications approved for new 1-4 facilities.
4 Dependent on the number of contracts established to install system components in new or remodeled 1-4 facilities.
A copy of the statement may be obtained by contacting Joanne McCaughan, P.O. Box 41449, Olympia, WA 98504-1449, phone (360) 407-9279, fax (360) 586-5366, e-mail joanne.mccaughan@ga.wa.gov.
A cost-benefit analysis is not required under RCW 34.05.328. The state building code council is not listed in this section as one of the agencies required to comply with this statute.
September 16, 2011
Kristyn Clayton
Chair
OTS-3809.2
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] 907.2.6 Group I. A manual fire alarm system that
activates the occupant notification system shall be installed
in Group I occupancies. An automatic smoke detection system
that notifies the occupant notification system shall be
provided in accordance with Sections 907.2.6.1, 907.2.6.2,
907.2.6.3.3 and 907.2.6.4.
| EXCEPTIONS: | 1. Manual fire alarm boxes in resident or patient sleeping areas of Group I-1 and I-2 occupancies shall not be required at exits if located at nurses' control stations or other constantly attended staff locations, provided such stations are visible and continually accessible and that travel distances required in Section 907.4.2 are not exceeded. |
| 2. Occupant notification systems are not required to be activated where private mode signaling installed in accordance with NFPA 72 is approved by the fire code official. |
[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. |
[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-4230.2
AMENDATORY SECTION(Amending WSR 10-24-059, filed 11/29/10,
effective 7/1/11)
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.
903.2.1.6 Nightclub. An automatic sprinkler system shall be
provided throughout Group A-2 nightclubs as defined in this
code.
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. |
1. A Group M fire area exceeds 12,000 square feet (1115 m2).
2. A Group M fire area is located more than three stories above grade plane.
3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2).
4. Where a Group M occupancy that is used for the display and sale of upholstered furniture or mattresses exceeds 5000 square feet (464 m2).
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. |
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
907.2.6 Group I. A manual fire alarm system that activates
the occupant notification system shall be installed in Group I
occupancies. An automatic smoke detection system that
notifies the occupant notification system shall be provided in
accordance with Sections 907.2.6.1 through 907.2.6.4.
| EXCEPTIONS: | 1. Manual fire alarm boxes in resident or patient sleeping areas of Group I-1 and I-2 occupancies shall not be required at exits if located at nurses' control stations or other constantly attended staff locations, provided such stations are visible and continually accessible and that travel distances required in Section 907.5.2 are not exceeded. |
| 2. Occupant notification systems are not required to be activated where private mode signaling installed in accordance with NFPA 72 is approved by the fire code official. |
(([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.
(([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])) 907.2.9.3.1 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 instruction.
(([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 sleeping
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. |
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. |
| EXCEPTION: | Systems which do not require electrical power to operate. |
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. |
[Statutory Authority: Chapter 19.27 RCW. 10-24-059, § 51-54-0900, filed 11/29/10, effective 7/1/11. 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.]