WSR 18-08-074
PROPOSED RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed April 3, 2018, 12:07 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-04-097.
Title of Rule and Other Identifying Information: Amendments to the electrical rules, WAC 296-46B-555 Special occupanciesMarinas, boatyards, and commercial and noncommercial docking facilities.
Hearing Location(s): On May 9, 2018, at 9:00 a.m., at the Department of Labor and Industries (L&I), 7273 Linderson Way S.W., Tumwater, WA 98501. For directions to the L&I office http://www.lni.wa.gov/Main/ContactInfo/OfficeLocations.
Date of Intended Adoption: May 22, 2018.
Submit Written Comments to: Alicia Curry, L&I, P.O. Box 44400, Olympia, WA 98504-4400, email Alicia.Curry@lni.wa.gov, fax 360-902-5292, by 5:00 p.m., on May 10, 2018.
Assistance for Persons with Disabilities: Contact Alicia Curry, phone 360-902-6244, fax 360-902-5292, email Alicia.Curry@lni.wa.gov, by 5:00 p.m., on April 25, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing changes to the electrical rules to amend the ground-fault protection requirements in marinas, specified by the 2017 National Electrical Code (NEC) 555.3. The proposed rule amends language to extend the 100 mA ground-fault level allowance for feeders and specifies a time frame for when 2020 NEC requirements will take effect. The department received a petition for rule making in October 2017, to extend the 100 mA ground-fault level allowance for feeders in the existing rule beyond July 1, 2018. The petition and the supporting materials challenged the appropriateness and feasibility of the 2017 NEC standard and the fact that needed experts were not involved in past NEC code development processes. The proposed rule allows the petitioner and other interested parties an opportunity to further engage in discussions at the national level as part of the 2020 code development process.
Reasons Supporting Proposal: The 100 mA ground-fault level allowance for feeders in the existing rule is set to expire on July 1, 2018, at which time the 2017 NEC 555.3 requirement for protection of all conductors at 30 mA will take effect. The department received a petition to adopt the ground-fault protection levels for marinas in the existing rule beyond July 1, 2018, as stated above.
Statutory Authority for Adoption: RCW 19.28.010 and 19.28.031.
Statute Being Implemented: RCW 19.28.010 and 19.28.031.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Petition received from Northwest Marine Trade Association, other organizations that supported the petition include the Recreational Boating Association of Washington, the Tacoma Waterfront Association, Association of Marine Industries, the Port of Poulsbo, and Roche Harbor Marina, private.
Name of Agency Personnel Responsible for Drafting: Stephen Thornton, Program Manager, Tumwater, Washington, 360-902-6234; Implementation and Enforcement: David Puente, Jr., Assistant Director, Tumwater, Washington, 360-902-6348.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. This rule is exempt from the cost-benefit analysis requirement under the Administrative Procedure Act, RCW 34.05.328 (5)(b)(iii), rules adopting or incorporating by reference without material change national consensus codes.
In addition, a cost-benefit analysis estimates impacts that only represent new costs of complying with the proposed rules for the affected parties, excluding realized or potential costs associated with or originated from the current practices, or "baseline" standards under existing laws, rules or national consensus standards.
The proposed rule only maintains the existing rule requirements until September 1, 2019, when the requirements of NEC requirements would apply.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
Explanation of exemptions: According to the Regulatory Fairness Act under RCW 19.85.030, an agency shall prepare a small business economic impact statement (SBEIS): (i) If the proposed rule will impose more than minor costs on businesses in an industry; or (ii) if requested to do so by a majority vote of the joint administrative rules review committee within forty-five days of receiving the notice of proposed rule making under RCW 34.05.320.
The proposed changes to electrical rules, WAC 296-46B-555 Ground-fault protection in marinas, maintains the existing rule requirements until September 1, 2019, when the requirements of NEC requirements would apply, hence it imposes no costs on businesses involved beyond the baseline. As such, the department is exempt from conducting an SBEIS for this rule making.
April 3, 2018
Joel Sacks
Director
AMENDATORY SECTION (Amending WSR 17-12-021, filed 5/30/17, effective 7/1/17)
WAC 296-46B-555 Special occupanciesMarinas, boatyards, and commercial and noncommercial docking facilities.
(1) Until ((July 1, 2018)) September 1, 2019, the ground-fault protection level specified in 2017 NEC 555.3 is amended to allow a maximum of: 100 mA for overcurrent devices supplying feeder conductors not supplying primary windings of transformers; and 30 mA for overcurrent devices supplying branch circuit conductors ((and)), outlets, and feeder conductors supplying primary windings of transformers. On September 1, 2019, ground-fault protection for marinas, boatyards, and commercial and noncommercial docking facilities will be as published in the 2020 NEC.
(2) For the purposes of NEC 555.5, transformer terminations must be located a minimum of 12 inches above the deck of a dock (datum plane requirements do not apply for this section).
(3) For the purposes of NEC 555.7, adjacent means within sight.
(4) For the purposes of NEC 555.9, all electrical connections must be installed a minimum of 12 inches above the deck of a pier unless the connections are approved for wet locations (datum plane requirements do not apply for this section).
(5) For the purposes of NEC 555.10, all enclosures must be corrosion resistant. All gasketed enclosures must be arranged with a weep hole to discharge condensation.
(6) For the purposes of NEC 555.11, gasketed enclosures are only required for wet locations.
(7) For the purposes of NEC 555.13, the following wiring methods are allowed:
(a) All wiring installed in a damp or wet location must be suitable for wet locations.
(b) Extra-hard usage portable power cables rated not less than 75°C, 600 volts, listed for wet locations and sunlight resistance and having an outer jacket rated for the environment are permitted. Portable power cables are permitted as a permanent wiring method under or within docks and piers or where provided with physical protection. The requirements of NEC 555.13 (B)(4)(b) do not apply.
(c) Overhead wiring must be installed at the perimeter of areas where boats are moored, stored, moved, or serviced to avoid possible contact with masts and other parts of boats.
(d) For the purposes of NEC 555.13 (B)(5), the wiring methods of Chapter 3 NEC will be permitted.
(8) For the purposes of NEC 555.19, receptacles must be mounted not less than 12 inches above the deck surface of the pier or dock (datum plane requirements do not apply for this section). Shore power receptacles that provide shore power for boats must be rated not less than 20 amperes and must be single outlet type and must be of the locking and grounding type or pin and sleeve type.