WSR 13-22-018 EMERGENCY RULES BUILDING CODE COUNCIL [Filed October 28, 2013, 3:04 p.m., effective October 28, 2013, 3:04 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amendment of chapter 51-11R WAC, 2012 Washington State Energy Code, Section 301: To merge Ferry, Okanogan, Pend Oreille and Stevens counties into Climate Zone 5B rather than in 6B.
Citation of Existing Rules Affected by this Order: Amending WAC 51-11R-30100.
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: This is a continuation of this emergency rule, originally filed as WSR 13-14-069. The state building code council (council) is currently going through the process of adopting a permanent rule, but the permanent rule will not be effective until April 2014 at the earliest.
DECLARATION OF EMERGENCY AND FINDINGS TO SUPPORT EMERGENCY RULE MAKING
The 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 contains regulations based on climate zones developed by the United States Department of Energy, breaking the nation into eight zones. Washington state is predominately within Climate Zones 4 Marine and 5. There are four counties that fall within Climate Zone 6. Under the previous Washington State Energy Code, these four counties were included in the same zone as Spokane County, and shared training and other resources.
The council was petitioned by elected and appointed officials within these four counties to assign these counties to the same climate zone as Spokane County, to alleviate any negative economic impact on the people and businesses located in the four counties.
The council concluded that it is in the best interest of the general welfare of the state of Washington to move Ferry, Okanogan, Pend Oreille and Stevens counties into Climate Zone 5B.
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 0, 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 1, 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: October 28, 2013.
C. Ray Allshouse
Council Chair
AMENDATORY SECTION (Amending WSR 13-04-055, filed 2/1/13, effective 7/1/13)
WAC 51-11R-30100 Section R301—Climate zones.
R301.1 General. Climate zones from Table R301.1 shall be used in determining the applicable requirements from Chapter 4. Locations not in Table R301.1 (outside the United States) shall be assigned a climate zone based on Section R301.3. R301.2 Warm humid counties. Warm humid counties are identified in Table R301.1 by an asterisk. R301.3 International climate zones. The climate zone for any location outside the United States shall be determined by applying Table R301.3(1) and then Table R301.3(2). TABLE R301.1 CLIMATE ZONES, MOISTURE REGIMES, AND WARM-HUMID DESIGNATIONS BY STATE AND COUNTY
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