WSR 13-23-095

EMERGENCY RULES

[Filed November 20, 2013, 9:22 a.m., effective November 20, 2013, 9:22 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Amendment of chapter 51-11R WAC, 2012 Washington State Energy Code (Residential), Section R403: Changing insulation requirements for hot water piping.

Citation of Existing Rules Affected by this Order: Amending WAC 51-11R-40340.

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 determined that state amendments to three sections of the 2012 International Energy Conservation Code (Residential) regarding insulation of hot water piping within residential structures causes potential economic hardship on homeowners and builders. The economic and energy model used to establish the initial cost-benefit analysis and savings potential did not specifically look at the increases in insulation levels based on the assumptions that the levels were equivalent to those previously found in the 2009 Washington State Energy Code. However, there were exceptions provided in the previous code not found in the 2012 code. It was also determined that the availability of the required insulation from manufacturers and suppliers was limited.

In Section R403.4.2, Hot water piping insulation, it was determined not cost effective and could compromise the structural integrity of the building. The emergency rule replaces the require[d] R-4 insulation with R-3 insulation for hot water piping.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 1, 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: November 8, 2013.

C. Ray Allshouse

Council Chair