WSR 15-09-049
EMERGENCY RULES
BUILDING CODE COUNCIL
[Filed April 10, 2015, 11:33 a.m., effective April 10, 2015, 11:33 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: This change will redefine "portable school classrooms" and add a definition of "clusters" of such classrooms, and will modify the requirements for fire sprinklers in clusters of portable school classrooms below six thousand square feet for the purpose of improving fire safety and egress for school occupants. The rule is being filed for consistency with the state Fire Code.
NOTE: The emergency rule was first filed on August 15, 2014, under WSR 14-17-065. The state building code council entered permanent rule making on this matter and filed the CR-103P on December 1, 2014, under WSR 14-24-089. The first renewal of this emergency rule was filed on December 12, 2014, as WSR 15-01-074 [15-01-071]. The permanent rule is scheduled to have an effective date of May 1, 2015.
Citation of Existing Rules Affected by this Order: Amending WAC 51-50-020 and 51-50-0903.
Statutory Authority for Adoption: RCW 19.27.031, 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 current WAC language has become obsolete, and does not reflect the needs of school districts regarding fire safety in portable school classrooms, and negatively impacts building plans for school districts throughout the state. This modification will provide immediate economic relief to school districts planning to add portable classrooms, and a safer environment for building occupants. This modification provides consistency between the Building and Fire codes. Permanent rule making was filed under WSR 14-24-089 on December 1, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.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: March 7, 2014.
Dave Kokot
Chair
AMENDATORY SECTION (Amending WSR 13-04-067, filed 2/1/13, effective 7/1/13)
WAC 51-50-0200 Chapter 2—Definitions.
SECTION 202—DEFINITIONS.
ADULT FAMILY HOME. A dwelling, licensed by Washington state, 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.
AIR-IMPERMEABLE INSULATION. An insulation having an air permeance equal to or less than 0.02 L/s-m2 at 75 Pa pressure differential tested in accordance with ASTM E2178 or ASTM E283.
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 twelve or fewer children, including children who reside at the home.
CLUSTER. Clusters are multiple portable school classrooms separated by less than the requirements of the building code for separate buildings.
HOSPICE CARE CENTER. A building or portion thereof used on a 24-hour basis for the provision of hospice services to terminally ill inpatients.
NIGHTCLUB. An A-2 Occupancy use under the 2006 International Building Code 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 three hundred fifty square feet, excluding adjacent lobby areas. "Nightclub" does not include theaters with fixed seating, banquet halls, or lodge halls.
NONSTRUCTURAL CONCRETE. Any element made of plain or reinforced concrete that is not part of a structural system required to transfer either gravity or lateral loads to the ground.
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((, which requires a chassis to be transported,)) and is designed to be used as an educational space with or without a permanent foundation. The structure shall be ((trailerable and)) capable of being demounted and relocated to other locations as needs arise.
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 fifty or fewer employees.
AMENDATORY SECTION (Amending WSR 13-04-067, filed 2/1/13, effective 7/1/13)
WAC 51-50-0903 Section 903—Automatic sprinkler systems.
903.2.1.6 Nightclub. An automatic sprinkler system shall be provided throughout Group A-2 nightclubs as defined in this code.
903.2.3 Group E. An automatic sprinkler system shall be provided for Group E Occupancies.
EXCEPTIONS:
1. Portable school classrooms with an occupant load of 50 or less calculated in accordance with Table 1004.1.2, provided that the aggregate area of any cluster ((or portion of a cluster)) of portable school classrooms does not exceed ((5,000)) 6,000 square feet (((1465 m2))) (557 m2); and clusters of portable school classrooms shall be separated as required by the building code((.)); or
 
2. Portable school classrooms with an occupant load from 51 through 98, calculated in accordance with Table 1004.1.2, and provided with two means of direct independent exterior egress from each classroom in accordance with Chapter 10, and one exit from each class room shall be accessible, provided that the aggregate area of any cluster of portable classrooms does not exceed 6,000 square feet (557 m2); and clusters of portable school classrooms shall be separated as required by the building code; or
 
3. Group E occupancies with an occupant load of 50 or less, calculated in accordance with Table 1004.1.2.
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy, where one of the following conditions exists:
1. A Group M fire area exceeds 12,000 square feet (1115 m2).
2. A Group M fire area is located more than three stories above grade plane.
3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2).
4. Where a Group M occupancy that is used for the display and sale of upholstered furniture or mattresses exceeds 5000 square feet (464 m2).
903.2.8 Group R. An automatic fire sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.
EXCEPTION:
Group R-1 if all of the following conditions apply:
 
1. The Group R fire area is no more than 500 square feet and is used for recreational use only.
 
2. The Group R fire area is only one story.
 
3. The Group R fire area does not include a basement.
 
4. The Group R fire area is no closer than 30 feet from another structure.
 
5. Cooking is not allowed within the Group R fire area.
 
6. The Group R fire area has an occupant load of no more than 8.
 
7. A hand held (portable) fire extinguisher is in every Group R fire area.