PROPOSED RULES
LABOR AND INDUSTRIES
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-20-098.
Title of Rule and Other Identifying Information: Chapter 296-150F WAC, Factory-built housing and commercial structures.
Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., S119, Tumwater, WA, on January 4, 2007, at 1:30 p.m.
Date of Intended Adoption: February 20, 2007.
Submit Written Comments to: Sally Elliott, Department of Labor and Industries, P.O. Box 44400, Olympia, WA 98504-4400, e-mail yous235@lni.wa.gov, fax (360) 902-5292, by January 4, 2006 [2007].
Assistance for Persons with Disabilities: Contact Sally Elliott by December 15, 2006, (360) 902-6411 or yous235@lni.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to amend the factory-built housing and commercial structure rules in order to be consistent with the statute.
The rule making will:
| • | Correct contradictions between the rule and statute. |
| • | Add definitions to be consistent with the state building code council. |
| • | Make housekeeping changes through the rule. For example, correct the inconsistency in number of plans that must be submitted to the department. |
Reasons Supporting Proposal: See Purpose above.
Statutory Authority for Adoption: Chapter 43.22 RCW.
Statute Being Implemented: Chapter 43.22 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of labor and industries, governmental.
Name of Agency Personnel Responsible for Drafting: Pete Schmidt, Tumwater, (360) 902-5571; Implementation and Enforcement: Patrick Woods, Tumwater, (360) 902-6348.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not require a small business economic impact statement because the proposed changes update the rule to be consistent with the statute and make housekeeping changes to clarify the rule (see RCW 19.85.025 referencing RCW 34.05.310 (4)(d) and (e)).
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules do not require a cost-benefit analysis because the proposed changes update the rule to be consistent with the statute and make housekeeping changes to clarify the rule (see RCW 19.85.025 referencing RCW 34.05.310 (4)(d) and (e)).
November 21, 2006
Judy Schurke
Acting Director
OTS-9391.1
AMENDATORY SECTION(Amending WSR 05-23-002, filed 11/3/05,
effective 12/4/05)
WAC 296-150F-0020
What definitions apply to this
chapter?
"Approved" is approved by the department of labor
and industries.
"Building site" is a tract, parcel, or subdivision of land on which a factory-built house or commercial structure will be installed.
(("Commercial structure" is a structure designed or used
for human habitation (such as a dormitory) or human occupancy
for industrial, educational, assembly, professional, or
commercial purposes. It may also include a component.))
"Component" is a ((discrete element that cannot be
inspected at the time of installation either in the factory or
in a site-built unit, but)) part or element of another system
as defined by the International Building Code, section 202,
and is:
• Designed to be installed in a structure;
• Manufactured as a unit; and
• Designed for a particular function or group of functions.
A component may be a ((floor, wall panel, roof panel,
plumbing wall, electrical service wall, or heating assembly.
It may also be a service core. A)) service core or other
assembly that is a factory assembled((, three-dimensional))
section of a building. It may include mechanical, electrical,
plumbing, and related systems. It may be a complete kitchen,
bathroom, or utility room. Service cores are referred to as
"wet boxes," "mechanical cores," or "utility cores."
| Note: | A roof truss is not considered a component. |
"Department" is the department of labor and industries. The department may also be referred to as "we" or "us" in this chapter. Note: You may contact us at: Department of Labor and Industries, Specialty Compliance, PO Box 44440, Olympia, WA 98504-4440.
"Design plan" is a plan for the construction of factory-built housing, commercial structures, or components that includes floor plans, elevation drawings, specifications, engineering data, or test results necessary for a complete evaluation of the design.
"Design option" is a design that a manufacturer may use as an option to its design plan.
"Educational facility" is a building or portion of a building used primarily for educational purposes by six or more persons at one time for twelve hours per week or four hours in any one day. Educational occupancy includes: Schools (preschool through grade twelve), colleges, academies, universities, and trade schools.
"Equipment" is all material, appliances, devices, fixtures, fittings, or accessories used in the manufacture, assembly, installation, or alteration of factory-built housing, commercial structures, and components.
"Factory assembled structure (FAS) advisory board" is a board authorized to advise the director of the department regarding the issues and adoption of rules relating to factory-built housing, commercial structures and components. (See RCW 43.22.420.)
(("Factory-built housing" is housing designed for human
occupancy such as a single-family dwelling. The structure of
any room is entirely or substantially prefabricated or
assembled at a place other than a building site. It may also
include a component. A factory-built house is also referred
to as a "modular" structure. Factory-built housing does not
include manufactured (mobile) housing. (See RCW 43.22.450(3).)))
"Health or personal care facilities" are buildings or parts of buildings that contain, but are not limited to, facilities that are required to be licensed by the department of social and health services or the department of health (e.g., hospitals, nursing homes, private alcoholism hospitals, private psychiatric hospitals, boarding homes, alcoholism treatment facilities, maternity homes, birth centers or childbirth centers, residential treatment facilities for psychiatrically impaired children and youths, and renal hemodialysis clinics) and medical, dental or chiropractic offices or clinics, outpatient or ambulatory surgical clinics, and such other health care occupancies where patients who may be unable to provide for their own needs and safety without the assistance of another person are treated. (Further defined in WAC 296-46B-010.)
"Insignia" is a label that we attach to a structure to verify that a factory-built house or commercial structure meets the requirements of this chapter. It could also be a stamp or label attached to a component to verify that it meets the requirements of this chapter.
"Install" is to erect or set in place a structure at a building site. It may also be the construction or assembly of a component as part of a factory-built house or commercial structure.
"Institutional facility" is a building or portion of a building used primarily for detention and correctional occupancies where some degree of restraint or security is required for a time period of twenty-four or more hours. Such occupancies include, but are not restricted to: Penal institutions, reformatories, jails, detention centers, correctional centers, and residential-restrained care.
(("Listed" is a piece of equipment, a component, or an
installation that appears in a list published by a testing or
listing agency and is suitable for use in a specified
manner.))
"Listing agency" is an organization whose business is approving equipment, components, or installations for publication.
"Local enforcement agency" is an agency of city or county government with power to enforce local regulations governing the installation of factory-built housing and commercial structures.
"Master design plan" is a design plan that expires when a new State Building Code has been adopted.
"Manufacturing" is making, fabricating, forming, or assembling a factory-built house, commercial structure, or component.
"One-year design plan" is a design plan that expires one year after approval or when a new State Building Code has been adopted.
"Repair" is the replacement, addition, modification, or removal of any construction, equipment, system, or installation to correct damage in transit or during on-site installation before occupancy.
"Unit" is a factory-built house, commercial structure, or component.
"Used structure" is a building as defined by section 202 of the International Building Code that has been given a certificate of occupancy by the local building department and has been occupied.
[Statutory Authority: Chapter 43.22 RCW. 05-23-002, § 296-150F-0020, filed 11/3/05, effective 12/4/05; 98-14-078, § 296-150F-0020, filed 6/30/98, effective 7/31/98. Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150F-0020, filed 10/23/96, effective 11/25/96.]
(1) A completed design-plan approval request form;
(2) ((One)) Two complete sets of design plans,
specifications, engineering analysis, test procedures and
results plus one additional set for each manufacturing
location where the design plan will be used (see WAC 296-150F-0340 and 296-150F-0350);
(3) At least one set of design plans must have an original wet stamp from a professional engineer or architect licensed in Washington state. All new, renewed, and resubmitted plans, specifications, reports and structural calculations prepared by or prepared under his or her direct supervision shall be signed, dated and stamped with their seal. Specifications, reports, and structural calculations may be stamped only on the first sheet, provided this first sheet identifies all of the sheets that follow are included and identified in the same manner. Plans that have not been prepared by or under the engineer's or architect's supervision shall be reviewed by them and they shall prepare a report concerning the plans reviewed. This report shall:
(a) Identify which drawings have been reviewed by drawing number and date;
(b) Include a statement that the plans are in compliance with current Washington state regulations; and
(c) The report shall be stamped and signed by the reviewer.
Any deficiencies shall be corrected on the drawings before submitting to the department or be included in the report and identify as to how they are to be corrected. This report shall be attached to the plan(s) that were reviewed. We will retain the set with the original wet stamp;
(4) A one-time initial filing fee and the design-plan fee (see WAC 296-150F-3000); and
(5) A "key drawing" to show the arrangement of modules if the plan covers three or more modules.
(6) Electrical plan review for educational, institutional or health care facilities and other buildings. Plan review is a part of the electrical inspection process; its primary purpose is to determine:
(a) That loads and service/feeder conductors are
calculated and sized according to the proper ((NCE)) NEC or
WAC article or section;
(b) The classification of hazardous locations; and
(c) The proper design of emergency and standby systems.
(7) All electrical plans for new or altered electrical installations in educational, institutional, and health or personal care occupancies classified or defined in this chapter must be reviewed and approved before the electrical installation or alteration is started. Approved plans must be available for use during the electrical installation or alteration and for use by the electrical inspector.
(8) All electrical plans for educational facilities, hospitals and nursing homes must be prepared by, or under the direction of, a consulting engineer registered under chapter 18.43 RCW in compliance with chapters 246-320, 180-29, and 388-97 WAC as applicable and stamped with the engineer's mark and signature.
(9) Plans to be reviewed by the department must be legible, identify the name and classification of the facility, clearly indicate the scope and nature of the installation and the person or firm responsible for the electrical plans. The plans must clearly show the electrical installation or alteration in floor plan view, include switchboard and/or panel board schedules and when a service or feeder is to be installed or altered, must include a riser diagram, load calculation, fault current calculation and interrupting rating of equipment. Where existing electrical systems are to supply additional loads, the plans must include documentation that proves adequate capacity and ratings. The plans must be submitted with a plan review submittal form available from the department.
[Statutory Authority: Chapter 43.22 RCW. 05-23-002, § 296-150F-0320, filed 11/3/05, effective 12/4/05. Statutory Authority: RCW 43.22.340 and 43.22.480. 99-13-010, § 296-150F-0320, filed 6/4/99, effective 7/5/99. Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150F-0320, filed 10/23/96, effective 11/25/96.]
[Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150F-0580, filed 10/23/96, effective 11/25/96.]
| INITIAL FILING FEE | $58.90 | |||||
| DESIGN PLAN FEES: | ||||||
| INITIAL FEE - MASTER DESIGN (CODE CYCLE) | $290.70 | |||||
| INITIAL FEE - ONE YEAR DESIGN | $170.30 | |||||
| RENEWAL FEE | $58.90 | |||||
| RESUBMIT FEE | $85.10 | |||||
| ADDENDUM (Approval expires on same date as original plan.) | $85.10 | |||||
| ELECTRONIC PLAN SUBMITTAL FEE $4.80 per page for the first set of plans and $0.30 per page for each additional set of plans. These fees are in addition to any applicable design plan fees required under this section. | ||||||
| ELECTRICAL PLAN REVIEW (Plan review for educational, | ||||||
| institutional or health care facilities and other buildings): | ||||||
| Electrical Plan submission fee | $64.80 | |||||
| Service/feeder Ampacity: | ||||||
| 0 | - | 100 | $28.70 | |||
| 101 | - | 200 | $35.80 | |||
| 201 | - | 400 | $67.10 | |||
| 401 | - | 600 | $79.20 | |||
| 601 | - | 800 | $102.10 | |||
| 801 | - | 1000 | $124.90 | |||
| Over | 1000 | $135.50 | ||||
| Over 600 volts surcharge | $21.40 | |||||
| Thermostats: | ||||||
| First | $12.70 | |||||
| Each additional | $3.00 | |||||
| Low voltage fire alarm and burglar alarm: | ||||||
| Each control panel and up to four circuits or zones | $11.60 | |||||
| Each additional circuit or zone | $2.00 | |||||
| Generators, refer to appropriate service/feeder ampacity fees | ||||||
| Note: Altered services or feeders shall be charged the above rate per the service/feeder ampacity fees. | ||||||
| Supplemental submissions of plans (resubmittals, addendums, renewals, code updates, etc.) will be charged per hour or fraction of an hour* | $76.70 | |||||
| ELECTRICAL COMMERCIAL/INDUSTRIAL | ||||||
| Electrical Service /feeders Ampacity | 212.80 plus | |||||
| Service/feeder | $195.10 | |||||
| Additional Feeder | $37.00 | |||||
| ELECTRICAL MULTIFAMILY RESIDENTIAL | ||||||
| Electrical Service/feeders | 212.80 plus | |||||
| Service/feeder | $103.50 | |||||
| Additional Feeder | $26.40 | |||||
| MEDICAL GAS PLAN REVIEW: | ||||||
| SUBMISSION FEE | $80.80 | |||||
| FIRST STATION | $80.80 | |||||
| EACH ADDITIONAL STATION | $29.40 | |||||
| RECIPROCAL PLAN REVIEW: | ||||||
| INITIAL FEE-MASTER DESIGN | $130.00 | |||||
| INITIAL FEE-ONE YEAR DESIGN | $78.60 | |||||
| RENEWAL FEE | $78.60 | |||||
| ADDENDUM | $78.60 | |||||
| PLANS APPROVED BY DESIGN PROFESSIONALS | $58.90 | |||||
| APPROVAL OF EACH SET OF DESIGN PLANS BEYOND FIRST (( |
$15.20 | |||||
| DEPARTMENT INSPECTION FEES | ||||||
| INSPECTION/REINSPECTION (Per hour* plus travel time* and mileage**) | $75.30 | |||||
| TRAVEL (Per hour*) | $75.30 | |||||
| PER DIEM** | ||||||
| HOTEL*** | ||||||
| MILEAGE** | ||||||
| RENTAL CAR*** | ||||||
| PARKING*** | ||||||
| AIRFARE*** | ||||||
| DEPARTMENT AUDIT FEES: | ||||||
| AUDIT (Per hour*) | $75.30 | |||||
| TRAVEL (Per hour*) | $75.30 | |||||
| PER DIEM** | ||||||
| HOTEL*** | ||||||
| MILEAGE** | ||||||
| RENTAL CAR*** | ||||||
| PARKING*** | ||||||
| AIRFARE*** | ||||||
| INSIGNIA FEES: | ||||||
| FIRST SECTION | $240.30 | |||||
| EACH ADDITIONAL SECTION | $21.70 | |||||
| REISSUED-LOST/DAMAGED | $58.90 | |||||
| OTHER FEES: | ||||||
| FIELD TECHNICAL SERVICE (Per hour* plus travel time* and mileage**) | $75.30 | |||||
| NOTIFICATION TO LOCAL ENFORCEMENT AGENCY (NLEA) | $32.60 | |||||
| PUBLICATION PRINTING AND DISTRIBUTION OF RCW'S AND WAC'S (One free copy per year upon request) | $12.20 | |||||
| * | Minimum charge of 1 hour; time spent greater than 1 hour is charged in 1/2 hour increments. | |||||
| ** | Per state guidelines. | |||||
| *** | Actual charges incurred. | |||||
[Statutory Authority: Chapters 18.106, 43.22, and 70.87 RCW. 06-10-066, § 296-150F-3000, filed 5/2/06, effective 6/30/06. Statutory Authority: Chapter 43.22 RCW. 05-23-002, § 296-150F-3000, filed 11/3/05, effective 12/4/05. Statutory Authority: Chapters 18.27, 43.22, and 70.87 RCW. 05-12-032, § 296-150F-3000, filed 5/24/05, effective 6/30/05. Statutory Authority: Chapter 43.22 RCW and 2003 c 291. 05-01-102, § 296-150F-3000, filed 12/14/04, effective 2/1/05. Statutory Authority: Chapters 18.27 and 43.22 RCW. 04-12-048, § 296-150F-3000, filed 5/28/04, effective 6/30/04. Statutory Authority: RCW 43.22.340, 43.22.400, 43.22.432, 43.22.433, 43.22.434, 43.22.480, and 43.22.485, 2002 c 268, and chapter 43.22 RCW. 03-12-044, § 296-150F-3000, filed 5/30/03, effective 5/30/03. Statutory Authority: RCW 43.22.350, 43.22.434, 43.22.480, 43.22.500, 18.27.070, 18.27.075, 70.87.030, 19.28.041, 19.28.051, 19.28.101, 19.28.121, 19.28.161, 19.28.201, 19.28.211, 19.28.341, 2001 c 159, and chapters 43.22, 19.28, 18.27, and 70.87 RCW. 01-12-035, § 296-150F-3000, filed 5/29/01, effective 6/29/01. Statutory Authority: Chapters 43.22, 18.27, 70.87 and 19.28 RCW. 99-12-080, § 296-150F-3000, filed 5/28/99, effective 6/28/99. Statutory Authority: Chapters 18.106, 18.27 and 43.22 RCW. 98-12-041, § 296-150F-3000, filed 5/29/98, effective 6/30/98. Statutory Authority: RCW 70.87.030, 18.27.070, [18.27.]075, 43.22.350, [43.22.]355, [43.22.]434 and [43.22.]480(2). 97-11-053, § 296-150F-3000, filed 5/20/97, effective 6/30/97. Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150F-3000, filed 10/23/96, effective 11/25/96.]