WSR 13-14-070

EMERGENCY RULES

[Filed June 28, 2013, 3:32 p.m., effective July 1, 2013]

Effective Date of Rule: July 1, 2013.

Purpose: Amendment of chapter 51-11C WAC, 2012 Washington State Energy Code, Section 402.3.1: Add a prescriptive path allowance for glazing over thirty percent of wall area with high performance glazing.

Citation of Existing Rules Affected by this Order: Amending 51-11C-40231, 51-11C-402131, 51-11C-402133, and 51-11C-402134.

Statutory Authority for Adoption: RCW 19.27A.025, 19.27A.045.

Other Authority: RCW 19.27.074.

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: The state building code council (council), based on the following good cause, finds that an emergency affecting the general welfare of the state of Washington exists. The council further finds that immediate amendment of a certain council rule is necessary for the public welfare and that observing the time requirements of notice and opportunity to comment would be contrary to the public interest.

The declaration of emergency affecting the general welfare of the state of Washington is based on the following findings:

The council adopted and amended the 2012 edition of the International Energy Efficiency Code (IECC) effective July 1, 2013. The IECC limits the amount of glazing permitted in commercial buildings using the prescriptive method of building to thirty percent of the gross above grade wall area. There is an allowance to increase to forty percent if at least half of the area is within the daylight zone, but this is difficult to achieve with high rise building projects that have floor layouts and sections of opaque walls that cannot be glazed due to shared property lines or other site constraints. This change represents a decrease of twenty-five percent of the glazing permitted under the 2009 energy code.

The council was petitioned to allow an alternative method of compliance to increase the glazing percentage if fenestration material of a lower U-factor is used. This would allow a continuation of current building practices modified slightly to achieve more energy savings than under the 2009 code while still remaining economically viable. Many land use zones require high glazing percentages or transparency requirements for retail and other street level amenities. This forces glazing down to the ground level and takes away glazing from the other floors of the building.

The council concluded that it is in the best interest of the general welfare of the state of Washington to create another compliance path within the Washington State Energy Code for commercial buildings.

The council initiated a permanent rule for this action, but the permanent rule will not become effective until April 1, 2014.

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 4, 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 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 0, Repealed 0.

Date Adopted: June 28, 2013.

C. Ray Allshouse

Council Chair

UAt    =		UradtAradt + UmrtAmrt + UratArat + Umwt(Amwt + Amwbgt) + Umbwt(Ambwt + Ambwbgt) + Usfwt(Asfwt + Asfwbgt) + Uwfwt(Awfwt + Awfwbgt) + UfmtAfmt + UfjtAfjt + FstPst +FsrtPsrt + UdstAdst + UdrtAdrt + UvgtAvgt + UvgmtAvgmt + UvgmotAvgmot + UvgdtAvgdt+ UogtAogt
	UA((a))t		=	The target combined specific heat transfer of the gross roof/ceiling assembly, exterior wall and floor area.
	Where:
	Uradt		=	The thermal transmittance value for roofs with the insulation entirely above deck found in Table C402.1.2.
	Umrt		=	The thermal transmittance value for metal building roofs found in Table C402.1.2.
	Urat		=	The thermal transmittance value for attic and other roofs found in Table C402.1.2.
	Umwt		=	The thermal transmittance value for opaque mass walls found in Table C402.1.2.
	Umbwt		=	The thermal transmittance value for opaque metal building walls found in Table C402.1.2.
	Usfwt		=	The thermal transmittance value for opaque steel-framed walls found in Table C402.1.2.
	Uwfwt		=	The thermal transmittance value for opaque wood framed and other walls found in Table C402.1.2.
	Ufmt		=	The thermal transmittance value for mass floors over unconditioned space found in Table C402.1.2.
	Ufjt		=	The thermal transmittance value for joist floors over unconditioned space found in Table C402.1.2.
	Fst		=	The F-factor for slab-on-grade floors found in Table C402.1.2.
	Fsrt		=	The F-factor for radiant slab floors found in Table C402.1.2.
	Udst		=	The thermal transmittance value for opaque swinging doors found in Table C402.2.
	Udrt		=	The thermal transmittance value for opaque roll-up or sliding doors found in Table C402.2.
	Uvgt		=	The thermal transmittance value for vertical fenestration with nonmetal framing found in Table C402.3 which corresponds to the proposed vertical fenestration area as a percent of gross exterior wall area. * Buildings utilizing Section C402.3.1.3 shall use the thermal transmittance value specified there.
	Uvgmt		=	The thermal transmittance value for vertical fenestration with fixed metal framing found in Table C402.3 which corresponds to the proposed vertical fenestration area as a percent of gross exterior wall area. * Buildings utilizing Section C402.3.1.3 shall use the thermal transmittance value specified there.
	Uvgmot		=	The thermal transmittance value for vertical fenestration with operable metal framing found in Table C402.3 which corresponds to the proposed vertical fenestration area as a percent of gross exterior wall area. * Buildings utilizing Section C402.3.1.3 shall use the thermal transmittance value specified there.
	Uvgdt		=	The thermal transmittance value for entrance doors found in Table C402.3 which corresponds to the proposed vertical fenestration area as a percent of gross exterior wall area. * Buildings utilizing Section C402.3.1.3 shall use the thermal transmittance value specified there.
	Uogt		=	The thermal transmittance for skylights found in Table C402.3 which corresponds to the proposed skylight area as a percent of gross exterior roof area.
	Afmt		=	The proposed mass floor over unconditioned space area, Afm.
	Afjt		=	The proposed joist floor over unconditioned space area, Afj.
	Pst		=	The proposed linear feet of slab-on-grade floor perimeter, Ps.
	Psrt		=	The proposed linear feet of radiant slab floor perimeter, Prs.
	Adst		=	The proposed opaque swinging door area, Ads.
	Adrt		=	The proposed opaque roll-up or sliding door area, Adr.
	and
If the vertical fenestration area as a percent of gross above-grade exterior wall area does not exceed the maximum allowed in Section C402.3.1.3:
	Amwt		=	The proposed opaque above grade mass wall area, Amw.
	Amwbgt		=	The proposed opaque above grade mass wall area, Amw.
	Ambwt		=	The proposed opaque above grade metal building wall area, Ambw.
	Ambwbgt		=	The proposed opaque above grade metal building wall area, Ambwbg.
	Asfwt		=	The proposed opaque above grade steel framed wall area, Amfw.
	Asfwbgt		=	The proposed opaque above grade steel framed wall area, Amfwbg.
	Awfwt		=	The proposed opaque above grade wall wood framed and other area, Awfwbg.
	Awfwbgt		=	The proposed opaque above grade wall wood framed and other area, Awfwbg.
	Avgt		=	The proposed vertical fenestration area with nonmetal framing, Avg.
	Avgmt		=	The proposed vertical fenestration area with fixed metal framing, Avgm.
	Avgmot		=	The proposed vertical fenestration area with operable metal framing, Avgmo.
	Avgdt		=	The proposed entrance door area, Avgd.
	or
For buildings utilizing Section C402.3.1.3, vertical fenestration area as a percent of gross exterior above-grade wall may not exceed the amount allowed by that section. For all other buildings, if the vertical fenestration area as a percent of gross above-grade exterior wall area exceeds the maximum allowed in Section C402.3.1, the area of each vertical fenestration element shall be reduced in the base envelope design by the same percentage and the net area of each above-grade wall type increased proportionately by the same percentage so that the total vertical fenestration area is exactly equal to the allowed percentage per Section C402.3.1 of the gross above-grade wall area. The target wall area of a given wall type shall be the sum of the proposed below grade area and the increased above-grade area.
	and
If the skylight area as a percent of gross exterior roof area does not exceed the maximum allowed in Section C402.3.1:
	Aradt		=	The proposed roof area with insulation entirely above the deck, Arad.
	Amrt		=	The proposed roof area for metal buildings, Amr.
	Arat		=	The proposed attic and other roof area, Aor.
	Aogat		=	The proposed skylight area, Aogor.
	or
If the skylight area as a percent of gross exterior roof area exceeds the maximum allowed in Section C402.3.1, the area of each skylight element shall be reduced in the base envelope design by the same percentage and the net area of each roof type increased proportionately by the same percentage so that the total skylight area is exactly equal to the allowed percentage per Section C402.3.1 of the gross roof area.

*NOTE:	The vertical fenestration area does not include opaque doors and opaque spandrel panels.

SHGCAt	=	SHGCogt(Aogort) + SHGCvgt(Aogt + Avgt + Avgmt + Avgmot + Avgdt)
Where:
SHGCAt	=	The target combined ((specific)) solar heat gain of the target fenestration area.
SHGCogt	=	The solar heat gain coefficient for skylight fenestration found in Table C402.3, and Aogt, as defined in Equation C402-1.
SHGCvgt	=	The solar heat gain coefficient for vertical fenestration found in Table C402.3 which corresponds to the proposed total fenestration area as a percent of gross exterior wall area, and ((Aogt,)) Avgt, Avgmt, Avgmot and Avgdt are defined under Equation C402-1. Buildings utilizing Section C402.3.1.3 shall use the SHGC value specified there. The SHGC may be adjusted for projection factors per the requirements of Section C402.3.3.

NOTE:	The vertical fenestration area does not include opaque doors and opaque spandrel panels.

SHGCAp	=	SHGCogAog + SHGCvgAvg
Where:
SHGCAt	=	The combined proposed ((specific)) solar heat gain of the proposed fenestration area.
SHGCog	=	The solar heat gain coefficient of the skylights.
Aog	=	The skylight area.
SHGCvg	=	The solar heat gain coefficient of the vertical fenestration.
Avg	=	The vertical fenestration area.

NOTE:	The vertical fenestration area does not include opaque doors and opaque spandrel panels.