Effective Date of Rule: July 1, 2009.

     Purpose: To update the asbestos provisions for fire department training. This amendment requires that the asbestos survey and the agency notification be kept on-site during the training exercises rather than be submitted to the agency.

     Citation of Existing Rules Affected by this Order: Amending Regulation I, Section 8.08.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

      Adopted under notice filed as WSR 09-09-062 on April 13, 2009.

     Changes Other than Editing from Proposed to Adopted Version: In order to clarify the proposed amendment, "asbestos" was changed to "asbestos-containing material," and a reference to Regulation III, Section 4.04 was added.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 28, 2009.

Dennis J. McLerran

Executive Director

REGULATION I: SECTION 8.08 FIRE DEPARTMENT TRAINING EXERCISES

     (a) Applicability. This section applies to structural fires set by fire departments, fire marshals, vocational schools, or fire districts for training fire fighters under realistic conditions.

     (b) General Requirements. Fire departments, fire marshals, vocational schools, or fire districts may conduct structural fire training provided all of the following requirements are met:

     (1) The fire training shall not occur during any stage of an air pollution episode or period of impaired air quality;

     (2) ((Before the training begins, the fire department, fire marshal, vocational school, or fire district conducting the training fire must have submitted to the Agency a copy of the asbestos survey for the structure, and a completed Agency Asbestos/Demolition Notification form indicating all asbestos has been removed from the structure prior to training;)) All asbestos-containing material shall be removed from the structure prior to demolition/training in accordance with Regulation III, Section 4.04 and copies of the asbestos AHERA survey and Agency notification shall be kept on-site during the demolition/training exercise;

     (3) The fire department, fire marshal, vocational school, or fire district conducting the fire training must have a fire-training plan available to the Agency upon request, and the purpose of the structural fire must be to train fire fighters;

     (4) Composition roofing, asphalt roofing shingles, asphalt siding materials, miscellaneous debris from inside the structure, carpet, linoleum, and floor tile must not be burned. These materials must be lawfully removed from the structure and disposed of in a lawful manner prior to the training exercise;

     (5) Nuisance complaints or citizen inquiries relating to any training fire shall be resolved by the fire departments, fire marshals, vocational schools, or fire districts conducting the training fire; and

     (6) The fire departments, fire marshals, vocational schools, or fire districts conducting the training fire shall obtain any permits, licenses, or other approvals required by any entity for such training fires. All permits, licenses, and approvals must be kept on-site and available for inspection.

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