BUILDING CODE COUNCIL

[Filed May 10, 2023, 8:47 a.m.]

Preproposal statement of inquiry was filed as WSR 23-05-019.

Title of Rule and Other Identifying Information: Chapter 51-50 WAC; amendments to the 2021 International Building Code to adopt R-4 occupancy group and modify code provisions related to licensed care facilities. This adoption will require coordination with chapter 51-54A WAC. The applicable sections in chapter 51-54A WAC will be amended with expedited rule making for consistency with chapter 51-50 WAC.

Hearing Location(s): On June 28, 2023, at 10:00 a.m., at 1500 Jefferson Street S.E., Olympia, WA 98504. Please access the meetings in person, via Zoom, or via conference call. The Zoom link and phone will be provided in the agenda at sbcc.wa.gov.

Date of Intended Adoption: June 30, 2023.

Submit Written Comments to: State Building Code Council, P.O. Box 41449, Olympia, WA 98504-1449, email sbcc@des.wa.gov, by June 28, 2023.

Assistance for Persons with Disabilities: Contact Annette Haworth, phone 360-407-9255, email sbcc@des.wa.gov, by June 18, 2023.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In 1993, the R-4 occupancy designation was replaced with licensed care occupancies in the adopted Washington state uniform codes. In the 2006 international version of the codes, Washington removed licensed care occupancies and distributed those facilities to the appropriate I and R occupancy classifications, while continuing to strike the unneeded R-4 occupancy classification. The International Code Council model codes have evolved to include an enhanced building science model for the R-4 designation that includes mitigations for both active and passive fire and life safety systems. There is no longer a reason for nonadoption of the R-4 occupancy group.

Reasons Supporting Proposal: RCW 19.27.031, 19.27.074.

Statutory Authority for Adoption: RCW 19.27.031, 19.27.074.

Statute Being Implemented: RCW 19.27.031, 19.27.074.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: None.

Name of Proponent: State building code council, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Stoyan Bumbalov, 1500 Jefferson Street S.E., Olympia, WA 98504, 360-407-9277; Enforcement: Local jurisdictions.

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. Exempt under RCW 34.05.328 (4)(b)(iii) and (iv).

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; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute.

Is exempt under RCW 19.85.025(4).

Explanation of exemptions: The proposed rule adopts sections from the 2021 International Building Code, which is adopted by reference pursuant to RCW 19.27.031. Several existing amendments are also deleted or modified to incorporate changes to the model codes or to clarify language.

Scope of exemption for rule proposal:

AMENDATORY SECTION(Amending WSR 22-13-094, filed 6/14/22, effective 7/1/23)

WAC 51-50-0200Chapter 2—Definitions.

SECTION 202—DEFINITIONS.

ADULT FAMILY HOME. A dwelling, licensed by the state of Washington department of social and health services, in which a person or persons provide personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. An existing adult family home may provide services to up to eight adults upon approval from the department of social and health services in accordance with RCW 70.128.066.

ASSISTED LIVING FACILITY. A home or other institution, licensed by the state of Washington, providing housing, basic services and assuming general responsibility for the safety and well-being of residents under chapters 18.20 RCW and 388-78A WAC. These facilities may provide care to residents with symptoms consistent with dementia requiring additional security measures.

AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A system designed to manage electrical load across one or more EV Ready parking spaces.

BOTTLE FILLING STATION. A plumbing fixture connected to the potable water distribution system and sanitary drainage system that is designed and intended for filling personal use drinking water bottles or containers not less than 10 inches (254 mm) in height. Such fixtures can be separate from or integral to a drinking fountain and can incorporate a water filter and a cooling system for chilling the drinking water.

CHILD CARE. The care of children during any period of a 24-hour day.

CHILD CARE, FAMILY HOME. A child care facility, licensed by Washington state, located in the dwelling of the person or persons under whose direct care and supervision the child is placed, for the care of 12 or fewer children, including children who reside at the home.

CLIMATE ZONE. A geographical region that has been assigned climatic criteria as specified in the Washington State Energy Code.

CLUSTER. Clusters are multiple portable school classrooms separated by less than the requirements of the building code for separate buildings.

COMPOST. Biodegradable solid wastes that are separated for composting such as food waste, food soiled paper, and yard waste.

CUSTODIAL CARE. Assistance with day-to-day living tasks; such as assistance with cooking, taking medication, bathing, using toilet facilities, and other tasks of daily living. Custodial care includes persons receiving care who have the ability to respond to emergency situations and may receive limited verbal or physical assistance. These care recipients may evacuate at a slower rate and/or who have mental and psychiatric complications.

EFFICIENCY DWELLING UNIT. A dwelling unit where all permanent provisions for living, sleeping, eating and cooking are contained in a single room.

ELECTRIC VEHICLE (EV) CAPABLE PARKING SPACE. A parking space provided with a conduit, electrical panel and load capacity to support future installation of EV charging equipment.

ELECTRIC VEHICLE (EV) CHARGER. Off-board charging equipment used to charge electric vehicles.

ELECTRIC VEHICLE (EV) CHARGING STATION. EV Ready parking space with installed EV charger.

ELECTRIC VEHICLE (EV) READY PARKING SPACE. A parking space provided with a receptacle outlet allowing charging of electric vehicles.

ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). The conductors, including the ungrounded, grounded, and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, personnel protection system, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

HIGH-RISE BUILDING. A building with an occupied floor, located more than 75 feet (22,860 mm) above the lowest level of fire department vehicle access. For the purposes of this definition, an occupied roof with an occupant load of 50 or more is considered to be an occupied floor.

HOSPICE CARE CENTER. A building or portion thereof used on a 24-hour basis for the provision of hospice services to terminally ill inpatients.

LIMITED VERBAL OR PHYSICAL ASSISTANCE. Persons who, because of age, physical limitations, cognitive limitations, treatment or chemical dependency, and may not independently recognize, respond, or evacuate without limited verbal or physical assistance during an emergency situation. Verbal assistance includes prompting, giving, and repeating instructions. Physical assistance includes assistance with transfers to walking aids or mobility devices and assistance with egress.

LOFT. A space on an intermediate level or levels between the floor and ceiling of a Group R occupancy dwelling or sleeping unit, open on one or more sides to the room in which the loft is located, and in accordance with Section 420.13.

NIGHTCLUB. An A-2 Occupancy in which the aggregate area of concentrated use of unfixed chairs and standing space that is specifically designated and primarily used for dancing or viewing performers exceeds 350 square feet, excluding adjacent lobby areas. "Nightclub" does not include theaters with fixed seating, banquet halls, or lodge halls.

PORTABLE SCHOOL CLASSROOM. A prefabricated structure consisting of one or more rooms with direct exterior egress from the classroom(s). The structure is transportable in one or more sections and is designed to be used as an educational space with or without a permanent foundation. The structure shall be capable of being demounted and relocated to other locations as needs arise.

RECYCLED MATERIALS. Those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass.

RESIDENTIAL SLEEPING SUITES. A unit that provides multiple rooms or spaces for up to five residents, includes provisions for sleeping and can include provisions for living, eating, sanitation, and kitchen facilities.

SMALL BUSINESS. Any business entity (including a sole proprietorship, corporation, partnership or other legal entity) which is owned and operated independently from all other businesses, which has the purpose of making a profit, and which has 50 or fewer employees.

STAGED EVACUATION. A method of emergency response, that engages building components and trained staff to provide occupant safety during an emergency. Emergency response involves moving or holding certain occupants at temporary locations for a brief period of time before evacuating the building. This response is used by ambulatory surgery facility and assisted living facilities to protect the health and safety of fragile occupants and residents.

AMENDATORY SECTION(Amending WSR 22-13-094, filed 6/14/22, effective 7/1/23)

WAC 51-50-0308Section 308—Institutional Group I.

308.2 Institutional Group I-1. Institutional Group I-1 occupancy shall include buildings, structures or portions thereof for more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised environment and receive custodial care. Buildings of Group I-1 shall be classified as one of the occupancy conditions specified in Section 308.2.1 or 308.2.2 and shall comply with Section 420. This group shall include, but not be limited to, the following:

Alcohol and drug centers;

Assisted living facilities as licensed by Washington state under chapter 388-78A WAC;

Congregate care facilities;

Group homes;

Halfway houses;

Residential board and care facilities;

Social rehabilitation facilities;

Residential treatment facilities as licensed by Washington state under chapter 246-337 WAC.

308.2.5 Adult family homes. Adult family homes licensed by Washington state shall be classified as Group R-3 or shall comply with the International Residential Code.

308.2.6 ((Licensed care))Assisted living facilities. Assisted living facilities as licensed by Washington state under chapter 388-78A WAC shall be classified as Group I-1, Condition 2.

((Residential treatment facilities licensed by Washington state under chapter 246-337 WAC shall be classified as one or more occupancy types in accordance with chapter 246-337 WAC. ))

308.3 Institutional Group I-2. Institutional Group I-2 occupancy shall include buildings and structures used for medical care on a 24-hour basis for more than five persons who are incapable of self-preservation. This group shall include, but not be limited to, the following:

Foster care facilities.

Detoxification facilities.

Hospice care centers.

Hospitals.

Nursing homes.

Psychiatric hospitals.

308.5.5 Family home child care. Family home child care licensed by Washington state for the care of 12 or fewer children shall be classified as Group R-3 or shall comply with the International Residential Code.

AMENDATORY SECTION(Amending WSR 22-13-094, filed 6/14/22, effective 7/1/23)

WAC 51-50-0310Section 310—Residential Group R.

310.3 Residential Group R-2. Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including:

Apartment houses

Congregate living facilities (nontransient) with more than 16 occupants

Boarding houses (nontransient)

Convents

Dormitories

Fraternities and sororities

Monasteries

Hotels (nontransient)

Live/work units

Motels (nontransient)

Vacation timeshare properties

310.4.3 Adult family homes, family home child care. Adult family homes and family home child care facilities that are within a single-family home are permitted to comply with the International Residential Code.

310.4.4 Foster family care homes. Foster family care homes licensed by Washington state are permitted to comply with the International Residential Code, as an accessory use to a dwelling, for six or fewer children including those of the resident family.

((310.5 Residential Group R-4. R-4 classification is not adopted. Any reference in this code to R-4 does not apply.))

AMENDATORY SECTION(Amending WSR 22-13-094, filed 6/14/22, effective 7/1/23)

WAC 51-50-0420Section 420—Groups I-1, R-1, R-2, R-3, and R-4.

420.2 Separation walls. Walls separating dwelling units in the same building, walls separating sleeping units in the same building and walls separating dwelling or sleeping units from other occupancies contiguous to them in the same building shall be constructed as fire partitions in accordance with Section 708. Buildings containing multiple sleeping units with common use or central kitchens shall not be classified as a single dwelling.

((EXCEPTIONS:	1. Where sleeping units include private bathrooms, walls between bedrooms and the associated private bathrooms are not required to be constructed as fire partitions.
	2. Where sleeping units are constructed as suites, walls between bedrooms within the sleeping unit and the walls between the bedrooms and associated living spaces are not required to be constructed as fire partitions.
	3. In Groups R-3 facilities, walls within the dwelling units or sleeping units are not required to be constructed as fire partitions.
	4. Groups R-2 and I-1 arranged into residential sleeping suites containing a maximum of five sleeping residents. Separation between bedrooms, living areas and toilet rooms within these residential sleeping suites shall not be required.
	5. Group I-1 sleeping areas arranged so that a dedicated staff member has direct observation over a multiple resident sleeping room, without intervening full height walls, shall not be required to provide fire partitions within the resident sleeping area.))

420.12 Adult family homes. This section shall apply to all newly constructed adult family homes and all existing single-family homes being converted to adult family homes. This section shall not apply to those adult family homes licensed by the state of Washington department of social and health services prior to July 1, 2001.

420.12.1 Sleeping room classification. Each sleeping room in an adult family home shall be classified as one of the following:

1. Type S - Where the means of egress contains stairs, elevators or platform lifts.

2. Type NS1 - Where one means of egress is at grade level or a ramp constructed in accordance with Section 1012 is provided.

3. Type NS2 - Where two means of egress are at grade level or ramps constructed in accordance with Section 1012 are provided.

420.12.2 Types of locking devices and door activation. All bedrooms and bathroom doors shall be openable from the outside when locked.

Every closet door shall be readily openable from the inside.

Operable parts of door handles, pulls, latches, locks and other devices installed in adult family homes shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. Pocket doors shall have graspable hardware available when in the closed or open position.

The force required to activate operable parts shall be 5.0 pounds (22.2 N) maximum. Required exit door(s) shall have no additional locking devices. Required exit door hardware shall unlock inside and outside mechanisms when exiting the building allowing reentry into the adult family home without the use of a key, tool or special knowledge.

420.12.3 Smoke and carbon monoxide alarm requirements. Alarms shall be installed in such a manner so that the detection device warning is audible from all areas of the dwelling upon activation of a single alarm.

420.12.4 Escape windows and doors. Every sleeping room shall be provided with emergency escape and rescue windows as required by Section 1030. No alternatives to the sill height such as steps, raised platforms or other devices placed by the openings will be approved as meeting this requirement.

420.12.5 Grab bar general requirements. Where facilities are designated for use by adult family home clients, grab bars for water closets, bathtubs and shower stalls shall be installed according to ICC A117.1.

420.12.6 Shower stalls. Where provided to meet the requirements for bathing facilities, the minimum size of shower stalls for an adult family home shall be 30 inches deep by 48 inches long.

420.13 Licensed care cooking facilities. In Group I-1, Condition 2 assisted living facilities licensed under chapter 388-78A WAC and residential treatment facilities licensed under chapter 246-337 WAC, rooms or spaces that contain a cooking facility with domestic cooking appliances shall be permitted to be open to the corridor where all of the following criteria are met:

1. The number of care recipients housed in the smoke compartment is not greater than 30.

2. The number of care recipients served by the cooking facility is not greater than 30.

3. Only one cooking facility area is permitted in a smoke compartment.

4. The types of domestic cooking appliances permitted are limited to ovens, cooktops, ranges, warmers and microwaves.

5. The corridor is a clearly identified space delineated by construction or floor pattern, material or color.

6. The space containing the domestic cooking facility shall be arranged so as not to obstruct access to the required exit.

7. A domestic cooking hood installed and constructed in accordance with Section 505 of the International Mechanical Code is provided over the cooktop or range.

8. The domestic cooking hood provided over the cooktop or range shall be equipped with an automatic fire-extinguishing system of a type recognized for protection of domestic cooking equipment. Preengineered automatic extinguishing systems shall be tested in accordance with UL 300A and listed and labeled for the intended application. The system shall be installed in accordance with this code, its listing and the manufacturer's instructions.

9. A manual actuation device for the hood suppression system shall be installed in accordance with Sections 904.13.1 and 904.13.2.

10. An interlock device shall be provided such that upon activation of the hood suppression system, the power or fuel supply to the cooktop or range will be turned off.

11. A shut-off for the fuel and electrical power supply to the cooking equipment shall be provided in a location that is accessible only to staff.

12. A timer shall be provided that automatically deactivates the cooking appliances within a period of not more than 120 minutes.

13. A portable fire extinguisher shall be installed in accordance with Section 906 of the International Fire Code.

420.14 Lofts. Where provided in Group R occupancies, lofts shall comply with this code as modified by Sections 420.14.1 through 420.14.5. Lofts constructed in compliance with this section shall be considered a portion of the story below. Such lofts shall not contribute to either the building area or number of stories as regulated by Section 503.1. The loft floor area shall be included in determining the fire area.

EXCEPTION:	Lofts need not comply with Section 420.13 where they meet any of the following conditions:
	1. The loft has a maximum depth of less than 3 feet (914 mm).
	2. The loft has a floor area of less than 35 square feet (3.3 m2).
	3. The loft is not provided with a permanent means of egress.

420.14.1 Loft limitations.Lofts shall comply with the following conditions:

1. The loft floor area shall be less than 70 square feet (6.5 m2).

2. The loft ceiling height shall not exceed 7 feet (2134 mm) for more than one-half of the loft floor area.

The provisions of Sections 420.14.2 through 420.14.5 shall not apply to lofts that do not comply with Items 1 and 2.

420.14.2 Loft ceiling height. The ceiling height below a loft shall not be less than 7 feet (2134 mm). The ceiling height above the finished floor of the loft shall not be less than 3 feet (914 mm). Portions of the loft with a sloped ceiling measuring less than 3 feet (914 mm) from the finished floor to the finished ceiling shall not contribute to the loft floor area.

420.14.3 Loft area. The aggregate area of all lofts and mezzanines within a room shall comply with Section 505.2.1.

EXCEPTION:

The area of a single loft shall not be greater than two-thirds of the area of the room in which it is located, provided that no other lofts or mezzanines are open to the room in which the loft is located.

420.14.4 Permanent egress for lofts. Where a permanent means of egress is provided for lofts, the means of egress shall comply with Chapter 10 as modified by Section 420.14.4.1.

420.14.4.1 Ceiling height at loft means of egress. A minimum ceiling height of 3 feet shall be provided for the entire width of the means of egress from the loft.

420.14.5 Smoke alarms. Single- or multiple-station smoke alarms shall be installed in all lofts in accordance with Section 907.2.11.1 or 907.2.11.2.

AMENDATORY SECTION(Amending WSR 22-13-094, filed 6/14/22, effective 7/1/23)

WAC 51-50-0706Section 706—Fire walls.

706.3 Materials.Fire walls that separate a building of Type I or II construction from a building of any construction type shall be of any approved noncombustible materials. Other fire walls shall be built of materials consistent with the types permitted for the type of construction of the building.

((706.4 Fire-resistance rating. Fire walls shall have a fire-resistance rating of not less than that required by Table 706.4.

Table 706.4

Fire Wall Fire-resistance Ratings

GROUP	FIRE-RESISTANCE RATING (hours)
A, B, E, H-4, I, R-1, R-2, U	3a
F-1, H-3b, H-5, M, S-1	3
H-1, H-2	4b
F-2, S-2, R-3	2

a	In Type II, III, IV, or V construction, walls shall be permitted to have a 2-hour fire-resistance rating.
b	For Group H-1, H-2, or H-3 buildings, also see Sections 415.7 and 415.8.))

AMENDATORY SECTION(Amending WSR 22-13-094, filed 6/14/22, effective 7/1/23)

WAC 51-50-10170Section 1017—Exit access travel distance.

Table 1017.2

Exit Access Travel Distancea

Occupancy	Without Sprinkler System (feet)	With Sprinkler System (feet)
A, E, F-1, M, R, S-1	200e	250b
I-1	Not Permitted	250b
B	200	300c
F-Z, S-Z, U	300	400c
H-1	Not Permitted	75d
H-Z	Not Permitted	100d
H-3	Not Permitted	150d
H-4	Not Permitted	175d
H-5	Not Permitted	200c
1-Z, 1-3	Not Permitted	200c
l-4	150	200c

For SI: 1 foot = 304.8 mm.
a	See the following sections for modifications to exit access travel distance requirements:
	• Section 402.8: For the distance limitation in malls.
	• Section 407.4: For the distance limitation in Group I-2.
	• Sections 408.6.1 and 408.8.1: For the distance limitations in Group I-3.
	• Section 411.2: For the distance limitation in special amusement areas.
	• Section 412.6: For the distance limitations in aircraft manufacturing facilities.
	• Section 1006.2.2.2: For the distance limitation in refrigeration machinery rooms.
	• Section 1006.2.2.3: For the distance limitation in refrigerated rooms and spaces.
	• Section 1006.3.4: For buildings with one exit.
	• Section 1017.2.2: For increased distance limitation in Groups F-1 and S-1.
	• Section 1030.7: For increased limitation in assembly seating.
	• Section 3103.4: For temporary structures.
	• Section 3104.9: For pedestrian walkways.
	• Section 3116: For fixed guideway and passenger rail stations.
b	Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2. See Section 903 for occupancies where automatic sprinkler systems are permitted in accordance with Section 903.3.1.2.
c	Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.
d	Group H occupancies equipped throughout with an automatic sprinkler system in accordance with Section 903.2.5.1.
e	Group R-3 and R-4 buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.3. See Section 903.2.8 for occupancies where automatic sprinkler systems are permitted in accordance with Section 903.3.1.3.

AMENDATORY SECTION(Amending WSR 22-13-094, filed 6/14/22, effective 7/1/23)

WAC 51-50-1019((Section 1019—Exit access stairways and ramps.))Reserved.

((1019.3 Occupancies other than Groups I-2 and I-3. In other than Groups I-2 and I-3 occupancies, floor openings containing exit access stairways or ramps shall be enclosed with a shaft enclosure constructed in accordance with Section 713.

EXCEPTIONS:	1. Exit access stairways and ramps that serve or atmospherically communicate between only two adjacent stories. Such interconnected stories shall not be open to other stories.
	2. In Group R-1, R-2 or R-3 occupancies, exit access stairways and ramps connecting four stories or less serving and contained within an individual dwelling unit or sleeping unit or live/work unit.
	3. Exit access stairways serving and contained within a Group R-3 congregate residence are not required to be enclosed.
	4. Exit access stairways and ramps in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1, where the area of the vertical opening between stories does not exceed twice the horizontal projected area of the stairway or ramp and the opening is protected by a draft curtain and closely spaced sprinklers in accordance with NFPA 13. In other than Group B and M occupancies, this provision is limited to openings that do not connect more than four stories.
	5. Exit access stairways and ramps within an atrium complying with the provisions of Section 404.
	6. Exit access stairways and ramps in open parking garages that serve only the parking garage.
	7. Exit access stairways and ramps serving smoke-protected or open-air assembly seating complying with the exit access travel distance requirements of Section 1030.7.
	8. Exit access stairways and ramps between the balcony, gallery or press box and the main assembly floor in occupancies such as theaters, places of religious worship, auditoriums, and sports facilities.
	9. Exterior exit access stairways or ramps between occupied roofs.))