WSR 13-15-164

PROPOSED RULES

[Filed July 23, 2013, 5:56 p.m.]

Preproposal statement of inquiry was filed as WSR 13-07-076.

Title of Rule and Other Identifying Information: Amendments to chapter 51-54A WAC, the Washington State Fire Code.

Hearing Location(s): Center Place Event Center, 2426 North Discovery Place, Spokane Valley, WA 99216, on September 20, 2013, at 10 a.m.; and at the DES Presentation Room, 1500 Jefferson S.E., Olympia, WA 98504, on October 18, 2013, at 10 a.m.

Date of Intended Adoption: November 8, 2013.

Submit Written Comments to: Ray Allshouse, P.O. Box 41449, Olympia, WA 98504-1449, e-mail sbcc@ga,wa,gov [sbcc@ga.wa.gov], fax (360) 586-9088, by October 25, 2013.

Assistance for Persons with Disabilities: Contact Peggy Bryden by September 9, 2013, (360) 407-9280.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Makes changes to chapter 51-54A WAC, by adoption of new Section 605.11, to specify certain regulations related to the installation of Solar PV panels in residential construction.

Reasons Supporting Proposal: During the adoption of the 2012 Fire Code, the state building code council (SBCC) declined to adopt model code requirements for the installation of Solar PV panels because of potentially harmful economic impacts on small business; those impacts were estimated to prohibit up to twenty-five percent of installed panels in certain instances. The council directed formation of a technical advisory group (TAG) to review the issues, and identify a solution. The TAG, made up of solar industry professionals and fire service representatives, developed alternative code language to minimize economic impact and ensure firefighter safety. This proposed code language would allow the industry to continue to install solar arrays in residential settings, while ensuring firefighter safety.

Adoption of this rule will allow installation of residential Solar PV systems to continue, while addressing firefighter safety concerns related to firefighting hazards.

Statutory Authority for Adoption: Chapter 19.27A RCW.

Statute Being Implemented: Chapters 19.27 and 34.05 RCW.

Name of Proponent: [SBCC,] governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Joanne T. McCaughan, P.O. Box 41011, Olympia, WA 98504-1449, (360) 407-9279; and Enforcement: Local jurisdictions.

Executive Summary: Impact on small business - During the SBCC process for adoption of the 2012 codes, a proposal was received to amend International Fire Code (IFC) Section 605.11 Solar Photovoltaic Power Systems. The proponent asserted that the 2012 IFC base code language would have severely limited the amount of space in which solar arrays could be installed on residential roofs. The proponent concluded that the base code language would create a significant financial burden for manufacturers and installers of these alternative energy systems and products. Up to this point, the IFC had been silent regarding installation of Solar PV systems.

The council forwarded the amendment proposal to the Fire Code TAG for consideration; the Fire TAG recommended that a special, issue specific TAG be established for review of the issues, and that Section 605.11 not be adopted within the 2012 IFC while the issues and impacts were analyzed. The amendment proposal was tabled.

The Solar PV TAG was created with representation from the fire safety community and the solar industry as well as other interested parties. The TAG met six times from January through May 2013, to review the relevant sections in the 2012 IFC, IBC and IRC regarding installation of Solar PV components in residential settings. Draft code language was developed for the IFC, and consensus was reached on most issues. One issue went to a vote; a minority report was submitted.

During the TAG process, information was shared about several recent projects which would not have been built at all, or the scope of which would have been severely limited, if the 2012 IFC base code language had been adopted as written. If adopted, this proposal may result in additional building permit costs for small businesses; it may also cause some modification of the design of certain solar arrays in some circumstances. However, as compared to the requirements of the 2012 IFC model code, this potential impact is much less significant.

Section I: Introduction/Compliance with the Proposed Rules - Who is required to comply with the rules?

Installation of Solar PV systems in residential settings in Washington state is voluntary, not mandatory. Currently, the 2012 Fire Code, as adopted by Washington state, does not have any specific requirements related to such installations. If the proposed rules are adopted, the Fire Code would contain requirements for voluntary installations.

Section 605.11: Solar Photovoltaic Power Systems.

Residential occupancy building owners who choose to install Solar PV systems in all new or existing residential occupancies may see an increase in the cost of the system installation or the power output in some cases.

Solar industry installation companies will need to configure solar array systems in compliance with the rules, allowing access for firefighting operations, as required by the local jurisdiction.

Section II: Compliance Costs for Washington Businesses - Impact on sales or revenue.

There will be a neutral impact on Solar PV installation companies as the rules would not increase or decrease the number of residential installations.

Section III: Analysis of Proportionate Impact on Small Businesses:

TABLE ONE: Small Businesses Impacted by Solar PV Rules

*The census does not specify/classify this type of solar installation/manufacturing at this time.

The impact on small businesses compared to the largest businesses in the state would not be disproportionate.

Section IV: Small Business Involvement and Impact Reduction Efforts.

Actions Taken to Reduce the Impact of the Rule on Small Businesses.

There is no anticipated negative impact on small businesses as a result of these proposed rules. There will be additional costs associated with obtaining required building permits; that cost will be absorbed by the contractors.

Involvement of Small Business in the Development of the Proposed Rules.

The Solar PV TAG was developed to address permanent rule-making issues related to PV Solar installation in residential settings. Seven TAG members represented the interests of solar installation and small business, as follows:

20/20 LED/Net Zero Energy (Perry Spring)

Clean Energy Technology Center (Mike Nelson)

Edmonds Community Solar Co-Op (Chris Herman)

Solar Installation end-users (Joerg Zender)

Power Trip Energy (Jeff Randall)

Solar Washington/non-profit (Dave Kozin)

South Sound Solar (Kirk Haffner)

Other TAG members represented the interests of the fire services community and brought expertise in fire safety (Dave Kokot/TAG Chair, Brenda Larsen, Grace Allen Steuart, Hank Teran, John Westfall, Mark Ossewaarde, and Tom Maloney). Also serving on the TAG was the Washington state chief electrical inspector (Rod Mutch).

Section V: Number of Affected Businesses in Washington:

Installers = 34 (50 ees or less).

Manufacturers = 5 (50 ees or less) or 4 (more than 50 ees).

Section VI: Jobs Created or Lost as a Result of These Rules:

These rules are likely to be job neutral overall, i.e., they will not result in any direct job gains or losses. However, the residential solar installation industry in Washington state continues to grow dramatically.

As of March 2013, there were one hundred sixty-eight known contractors on record that had worked on solar installations, twenty-six of which were solar-specific.

In FY 2006 the Washington state energy office saw an increase in the number of "renewable energy certifications" received grow from one hundred two in FY 2006 to nine hundred fifty-eight in FY 2013.

It is anticipated that the industry will continue to experience growth, and that these rules will be job neutral.

As there has been an increase in demand for solar installation, it is evident that public support for solar power continues to grow.

Public policy makers have created initiatives and programs at the local and state level to support energy efficiency in residential settings, and provided certain production and tax incentives in some areas. I-937 requires new renewable energy sources including solar.

Continued progress in the development of components for the solar industry have resulted in lower costs and increased consumer demand.

A copy of the statement may be obtained by contacting Tim Nogler, P.O. Box 41449, Olympia, WA 98504-1449, phone (360) 407-9280, fax (360) 586-9088, e-mail SBCC@ga.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. The SBCC is not a listed agency under RCW 34.05.328 (5)(a)(i). This rule is not considered to be substantive; its function is to provide economic relief in certain instances.

June 14, 2013

C. Ray Allshouse

Council Chair