WSR 04-03-034

EXPEDITED RULES

BUILDING CODE COUNCIL


[ Filed January 14, 2004, 8:41 a.m. ]

Title of Rule: Chapter 51-04 WAC, Policies and procedures for consideration of statewide and local amendments to the State Building Code.

Purpose: To amend WAC 51-04-030, to update referenced codes and standards.

Statutory Authority for Adoption: RCW 19.27.190 and 19.27.020.

Statute Being Implemented: Chapters 19.27 and 34.05 RCW.

Summary: Amendments are being made to update references to the new codes adopted per RCW 19.27.031.

Reasons Supporting Proposal: RCW 19.27.190 and 19.27.020.

Name of Agency Personnel Responsible for Drafting and Implementation: Tim Nogler, Olympia, Washington 98504-8350, (360) 725-2966; and Enforcement: Local jurisdictions.

Name of Proponent: Washington State Building Code Council, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 51-04-030 is amended to reference the International Building Code, International Mechanical Code, and the International Fire Code in lieu of the Uniform Building Code, Uniform Mechanical Code, and the Uniform Fire Code.

Proposal does not change existing rules.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Tim Nogler, Managing Director, Washington State Building Code Council, P.O. Box 48350, Olympia, WA 98504-8350 , AND RECEIVED BY March 22, 2004.


January 8, 2004

Stan Price

Council Chair

OTS-6915.1


AMENDATORY SECTION(Amending WSR 98-24-077, filed 12/1/98, effective 7/1/99)

WAC 51-04-030   Policies for consideration of proposed local government residential amendments.   All amendments to the building code, as adopted by cities and counties for implementation and enforcement in their respective jurisdictions, that apply to single and multifamily buildings as defined by RCW 19.27.015, shall be submitted to the council for approval.

The council shall consider and approve or deny all proposed local government residential amendments to the building code within ninety days of receipt of a proposal, unless alternative scheduling is agreed to by the council and the proposing entity.

All local government residential amendments to the building code that require council approval shall be submitted in writing to the council, after the city or county legislative body has adopted the amendment and prior to implementation and enforcement of the amendment by the local jurisdiction.

It is the policy of the council to encourage joint proposals for local government residential amendments from more than one jurisdiction. Local government residential amendments submitted to the council for approval should be based on:

(1) Climatic conditions that are unique to the jurisdiction.

(2) Geologic or seismic conditions that are unique to the jurisdiction.

(3) Environmental impacts such as noise, dust, etc., that are unique to the jurisdiction.

(4) Life, health, or safety conditions that are unique to the local jurisdiction.

(5) Other special conditions that are unique to the jurisdiction.


EXCEPTIONS: Appendices or portions thereof that have the effect of amending the uniform codes, that do not conflict with the building code for single and multifamily residential buildings as defined by RCW 19.27.015, may be adopted by local jurisdictions without council review or approval.

Local government residential amendments to:
(1) Chapter 1, 17, or 34 of the ((Uniform)) International Building Code;
(2) Chapter 1 of the ((Uniform)) International Mechanical Code;
(3) ((Article)) Chapter 1 of the ((Uniform)) International Fire Code;
(4) Chapter 1 of the Uniform Plumbing Code;
(5) Chapter 1 or 11 of the State Energy Code; or
(6) Chapter 1 of the Ventilation and Indoor Air Quality Code need not be submitted to the Council for review and approval provided that such amendments do not diminish the construction requirements of those chapters.

Those portions of the supplement or accumulative supplements that affect single and multifamily residential buildings as defined by RCW 19.27.015 that are not adopted by the council shall be submitted to the council for consideration as local government residential amendments to the building code.

Local government residential amendments shall conform to the limitations provided in RCW 19.27.040.

[Statutory Authority: RCW 19.27.035 and 19.27.074. 98-24-077, 51-04-030, filed 12/1/98, effective 7/1/99. Statutory Authority: Chapter 19.27 RCW. 95-01-127, 51-04-030, filed 12/21/94, effective 6/30/95. Statutory Authority: Chapters 19.27 and 34.05 RCW and 1989 c 348. 90-02-108, 51-04-030, filed 1/3/90, effective 2/3/90.]

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