[Filed November 21, 2018, 8:48 a.m.]

Preproposal statement of inquiry was filed as WSR 18-19-042.

Title of Rule and Other Identifying Information: WAC 392-343-019 Definitions—Instructional space.

Hearing Location(s): On January 3, 2019, at 10:00 a.m., at the Office of Superintendent of Public Instruction (OSPI), Old Capitol Building, 600 South Washington Street, Olympia, WA 98501. Those planning to comment during the hearing should arrive by 10:00 a.m. The hearing will be held in the Wanamaker Room.

Date of Intended Adoption: January 8, 2019.

Submit Written Comments to: Scott Black, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, email schoolfacilitiesrules@k12.wa.us, fax 360-586-3946, by January 3, 2019.

Assistance for Persons with Disabilities: Contact Kristin Murphy, phone 360-725-6131, fax 360-753-4201, TTY 360-664-9631, email Kristin.murphy@k12.wa.us, by December 26, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 392-343-019 currently references the American Institute of Architects (AIA) Document D-101, "The Architectural Area and Volume of Buildings," as the standard for calculating gross square feet. However, D-101 does not clearly define how to address vertical shafts and stairwells. This proposed amendment to WAC 392-343-019 would clarify that stairwells and vertical shafts (mechanical shafts, elevator shafts, etc.) shall be counted at each level of a building, excluding unoccupied basements and attics, for the purpose of state funding assistance in the construction of school facilities. The proposed amendment would also clarify that all double or triple height spaces (gyms, commons, etc.) shall be counted only once, at the lowest level of such spaces.

Reasons Supporting Proposal: OSPI is considering the proposed changes to provide for a more consistent process for the gathering of square footage throughout the state.

Statutory Authority for Adoption: RCW 28A.525.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Agency Personnel Responsible for Drafting and Implementation: Scott Black, OSPI, Old Capitol Building, Olympia, WA 98501, 360-725-6268; and Enforcement: Justin Rogers, OSPI, Old Capitol Building, Olympia, WA 98501, 360-725-6265.

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 proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.030.

Explanation of exemptions: No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW 19.85.030 (1) or (2).

State Superintendent

of Public Instruction

AMENDATORY SECTION(Amending WSR 12-20-013, filed 9/24/12, effective 10/25/12)

WAC 392-343-019Definition—Instructional space.

(1) As used in this chapter, the term "instructional space" means the gross amount of square footage calculated in accordance with the American Institute of Architects, Document D101, The Architectural Area and Volume of Buildings, latest edition, for a school facility utilized by a school district for the purpose of instructing students((: Provided, That)).

(2) The instructional space for multiple-storied space (for example, commons, gymnasiums, cafeterias) shall be counted once at the lowest floor level.

(3) Stairwells, elevator shafts, mechanical shafts, and other vertical shafts shall be counted at one hundred percent at each occupied level.

(4) Open stairs (such as in commons) shall be counted once. Open usable space underneath open stairs shall be counted only where equal to or greater than seven feet in height.

(5) The following areas shall not be included in any calculation of instructional space:

(((1)))(a) Exterior covered walkways, cantilevered or supported.

(((2)))(b) Exterior porches including loading platforms.

(((3)))(c) Areas located above instructional ((spaces))floor levels which are either vacant or primarily housing mechanical and/or electrical equipment.

(((4)))(d) Space used by central administrative personnel.

(((5)))(e) Stadia and grandstands.

(((6) Bus garages.

(7)))(f) Central district support facilities such as bus garages, operations and maintenance facilities, and facilities dedicated to technology warehouse, repair, and support.

(g) Free-standing or attached district warehouse, food storage space specifically designed for that purpose.

(((8)))(h) Portable facilities.

(((9)))(i) Other square footage not otherwise available or related to direct instruction or instructional support of the education program in the district.

(((10)))(j) The portion(s) of any space(s) constructed from grants made as a gift to a school district by a private entity or a public entity which:

(((a)))(i) Is dedicated by the written terms of the grant to joint use by the school district for educational purposes and by the general public for community activities for the useful life of the space(s); and

(((b)))(ii) The school district board of directors has accepted the gift in accordance with the joint use terms of the grant: Provided, That this exception does not apply to space(s) jointly financed by two or more school districts.

(((11)))(k) Facilities that are shared or collocated between multiple school districts pursuant to a written, lawful agreement, and that are jointly used by and/or benefit those school districts.