Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-10-108.

     Title of Rule and Other Identifying Information: Chapter 51-04 WAC, Policies and procedures for consideration of statewide and local amendments to the state building code.

     Hearing Location(s): Renton Holiday Inn Select, One South Grady Way, Renton, WA 98055-2500, on October 14, 2005, at 10:00 a.m.

     Date of Intended Adoption: November 4, 2005.

     Submit Written Comments to: John Neff, P.O. Box 42525, Olympia, WA 98504-2525, e-mail sbcc@cted.wa.gov, fax (360) 586-9383, by October 13, 2005.

     Assistance for Persons with Disabilities: Contact Sue Mathers by September 30, 2005, TTY (360) 753-7427 or (360) 725-2966.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule updates the definitions for model code, model code organization, and state building code; clarifies procedures for local amendment review in regard to documentation; established a schedule of adoption for statewide amendments; and updates contact information.

     Reasons Supporting Proposal: RCW 19.27.035, 19.27.060, and 19.27.074.

     Statutory Authority for Adoption: RCW 19.27.074, 19.27.035, 19.27.060.

     Statute Being Implemented: RCW 19.27.074 and chapter 34.05 RCW.

     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: The council is seeking comments on the issue proposed in the rule shown below.

     Name of Proponent: State Building Code Council, governmental.

     Name of Agency Personnel Responsible for Drafting and Implementation: Tim Nogler, P.O. Box 42525, Olympia, WA 98504-2525, (360) 725-2969; and Enforcement: Local jurisdictions.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a clarification of the council's policy for review of code amendments and does not impose any costs.

     A cost-benefit analysis is not required under RCW 34.05.328. The council is not one of the agencies required to comply with this statute.

August 3, 2005

John Neff

Council Chair

OTS-8216.1

AMENDATORY SECTION(Amending WSR 04-01-107, filed 12/17/03, effective 7/1/04)

WAC 51-04-015   Definitions.   (1) "Supplements and accumulative supplements" mean the publications between editions of the model codes and standards which include changes to the current edition of the model codes and standards.

     (2) "Council" means the Washington state building code council.

     (3) "Emergency statewide amendment" means any proposed statewide amendment, the adoption of which is necessary immediately in order to protect life, safety or health of building occupants; preserve the structural integrity of buildings built to the state building code; to correct errors and omissions; or by the direction of the Washington state legislature or federal legislation. Emergency statewide amendments to the state building code must be adopted in accordance with the Administrative Procedure Act, chapter 34.05 RCW.

     (4) "Local government amendment" means any amendment to the state building code, as adopted by cities or counties for implementation and enforcement in their respective jurisdictions.

     (5) "Local government residential amendment" means any amendment to the state building code, as adopted by cities or counties for implementation and enforcement in their respective jurisdictions, that applies to single and multifamily buildings as defined by RCW 19.27.015.

     (6) "Model codes" means the codes developed by the model code organizations and adopted by and referenced in chapter 19.27 RCW.

     (7) "Model code organization(s)" means the national code-promulgating organizations that develop the model codes (as defined herein), such as the International Code Council, International Association of Plumbing and Mechanical Officials, and National Fire Protection Association.

     (8) "State building code" means the ((International Building Code including regulations for accessibility; the International Residential Code; the International Mechanical Code except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code); the International Fire Code including those standards of the National Fire Protection Association specifically referenced in the International Fire Code; the Uniform Plumbing Code and Standards, as designated)) codes adopted by and referenced in chapter 19.27 RCW ((19.27.031)); the state energy code; and any other codes so designated by the Washington state legislature as adopted and amended by the council.

     (((7))) (9) "Statewide amendment" means any amendment to the building code, initiated through council action or by petition to the council from any agency, city or county, or interested individual or organization, that would have the effect of amending the building code for the entire state of Washington. Statewide amendments to the state building code must be adopted in accordance with the Administrative Procedure Act, chapter 34.05 RCW.

     (((8))) (10) "State building code update cycle" means that period during which the model code and standards referenced in chapter 19.27 RCW are updated and amended by the council in accordance with the Administrative Procedure Act, chapter 34.05 RCW hereinafter referred to as the "adoption period" and those additional periods when code changes are received for review as proposed amendments to the model codes, hereinafter referred to as "submission periods."

     (((9) "Model codes" means the International Building, Residential, Mechanical, and Fire Codes and the Uniform Plumbing Code as published by the International Code Council and the International Association of Plumbing and Mechanical Officials respectively.))

[Statutory Authority: RCW 19.27.031 and 19.27.074. 04-01-107, § 51-04-015, filed 12/17/03, effective 7/1/04. Statutory Authority: RCW 19.27.035 and 19.27.074. 98-24-077, § 51-04-015, filed 12/1/98, effective 7/1/99. Statutory Authority: RCW 19.27.074. 98-02-048, § 51-04-015, filed 1/5/98, effective 7/1/98. Statutory Authority: RCW 19.27.035 and chapter 34.05 RCW. 94-05-058, § 51-04-015, filed 2/10/94, effective 3/13/94. Statutory Authority: Chapters 19.27 and 34.05 RCW and 1989 c 348. 90-02-108, § 51-04-015, filed 1/3/90, effective 2/3/90.]

     (1) The amendment is needed to address a critical life/safety need.

     (2) The amendment is needed to address a specific state policy or statute.

     (3) The amendment is needed for consistency with state or federal regulations.

     (4) The amendment is needed to address a unique character of the state.

     (5) The amendment corrects errors and omissions.

     Statewide and emergency statewide amendments to the state building code shall conform to the purposes, objectives, and standards prescribed in RCW 19.27.020.

     The council will accept and consider petitions for emergency statewide amendments to the building code at any time, in accordance with RCW 19.27.074 and chapter 34.05 RCW.

     The council will accept and consider all other petitions for statewide amendments in conjunction with the state building code update cycle, in accordance with RCW 19.27.074 and chapter 34.05 RCW, and WAC 51-04-015 and 51-04-020 as follows:

     The state building code council shall ((identify a submission period of at least thirty days when revisions to the state building code may be submitted)) publicize the state building code amendment process in January of each year. Proposed state amendments must be received by March 1 to be considered for adoption by December 1. The state building code council shall review all ((submissions and accept)) proposed statewide amendments and file for future rule making those ((revisions favorably reviewed. Submissions must be received by March 1 to be considered for adoption by December 1 in any year. Revisions accepted)) proposals approved as submitted or as amended by the council. State amendments as approved by the council shall be submitted to the ((International Code Council and the International Association of Plumbing and Mechanical Officials, respectively, as proposed revisions to the model codes (unless recently considered as amendments))) appropriate model code organization, except those adopted for consistency with state statutes or regulation and held for further review during the adoption period of those model codes by the council. The effective date of any statewide amendments shall be the same as the effective date of the new edition of the model codes, except for emergency amendments adopted in accordance with chapter 34.05 RCW and deemed appropriate by the council.

     The adoption period of new model codes commences upon availability of the publication of the new edition of the model codes ((by the International Code Council and the International Association of Plumbing and Mechanical Officials,)) and concludes with formal adoption of the ((revised)) building code as amended by the council and final review by the state legislature. For the purposes of this section, the publication of supplements shall not be considered a new edition. ((At the beginning of the adoption period, the state building code council shall identify a limited submission period of at least thirty days. During this period,)) The council will ((receive revisions proposed)) consider state amendments to:

     The model codes provided that the proposed ((revisions)) amendments shall be limited to ((revisions which)) address changes in the model codes since the previous edition((.

     The state building code which)); or, address((es)) existing statewide amendments to the model codes((.

     The state building code which)); or, address((es)) portions of the state building code other than the model codes.

     ((In addition, the state building code council shall review for adoption those proposed revisions to the model code accepted after preliminary review in those submission periods since the last adoption period. The state building code council shall consider the action of the International Code Council and the International Association of Plumbing and Mechanical Officials, respectively, in their consideration of these proposals.)) The state building code council shall consider the action of the model code organizations in their consideration of these proposals.

     Within sixty days of the receipt of the new edition of the model codes the council shall enter rule making to update the state building code.

[Statutory Authority: RCW 19.27.031 and 19.27.074. 04-01-107, § 51-04-020, filed 12/17/03, effective 7/1/04. Statutory Authority: RCW 19.27.035 and chapter 34.05 RCW. 94-05-058, § 51-04-020, filed 2/10/94, effective 3/13/94. Statutory Authority: Chapters 19.27 and 34.05 RCW and 1989 c 348. 90-02-108, § 51-04-020, filed 1/3/90, effective 2/3/90; Order 76-02, § 51-04-020, filed 9/1/76.]

     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. All local amendments submitted for review shall be accompanied by findings of fact adopted by the governing body of the local jurisdiction justifying the adoption of the local amendment in accordance with the five criteria noted below in this section.

     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 International Building Code;
	(2) Chapter 1 of the International Residential Code;
	(3) Chapter 1 of the International Mechanical Code;
	(4) Chapter 1 of the International Fire Code;
	(5) Chapter 1 of the Uniform Plumbing Code;
	(6) Chapter 1 or 11 of the State Energy Code; or
	(7) Chapter 1 of the Ventilation and Indoor Air Quality Code)) administrative provisions (departmental operational procedures) contained within the state building code need not be submitted to the Council for review and approval provided that such amendments do not ((diminish)) affect 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 19.27.031 and 19.27.074. 04-07-193, § 51-04-030, filed 3/24/04, effective 7/1/04. 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.]