WSR 97-21-026

RULES REVIEW PLAN

BUILDING CODE COUNCIL

[Filed October 8, 1997, 8:32 a.m.]

Reviser's note: The following Rules Review Plan has been electronically generated directly from the agency and has not been through the usual editing and proofing processes.

I will serve as the State Building Code Council's (Council) contact for regulatory review with the Governor's office and the Office of Financial Management. In order to show compliance with Executive Order 97-02, Regulatory Improvement, I have summarized the status of the Council's rulemaking process. I have included a schedule for review of rules currently open for public input and a schedule for review of Council opinions, bylaws and procedures.

The Council consists of 15 Governor-appointed members. Council members are from recognized organizations representing entities or interests impacted by building codes. In developing the plan for review of rules, bylaws and procedures, and in the on-going review of the state building code, Council members will represent their constituent organizations. In addition, interest groups will be notified through targeted mailing. All Council meetings are open and public meetings.

For the current state building code cycle, the Council will publish notice of public hearing in WSR 97-16. Included in the notice is the list of criteria from Executive Order 97-02, as given below. The adoption of the amended rules is the culmination of three years of review.

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schedule for review of rules: State Building Code

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regulatory review

In compliance with Executive Order 97-02, Regulatory Improvement, the following criteria for regulatory review will be considered at the time of final adoption of the rule.

1. Need. The rule is necessary to comply with the requirements of RCW 19.27.074. The Council must regularly review updated versions of the codes cited in RCW 19.27.031, and amend and adopt those codes as deemed appropriate by the Council. Updated 1997 versions of the Uniform Codes have been published. The purpose and objective of this review, as given in RCW 19.27.020, is to promote the health, safety and welfare of the occupants or users of buildings; to require minimum construction standards for the state of Washington; to permit the use of modern technical methods; to eliminate restrictive, obsolete, conflicting, duplicating and unnecessary regulations; and to provide standards to make buildings accessible to and usable by persons with physical disabilities. The Council has identified rules that are obsolete, duplicative, or ambiguous, and has proposed amendments and revisions.

2. Effectiveness and Efficiency. The mission of the Council is to adopt building codes for uniform application throughout the state. In the course of the regular rule review, the Council examined regulatory alternatives and new technologies. The Council has identified where alternatives can be used effectively and efficiently. The Council efficiently achieves uniform state building codes by serving as the central administrative agency for statewide adoption of building codes.

3. Clarity. The Council is revising their filing procedure for state amendments to the national uniform codes. To enhance clarity, only those subsections with a state amendment will be filed under the main section number. The balance of the main section will remain as written in the national uniform code, as adopted by reference, unless otherwise noted. This reformatting change reorganizes and shortens the WACs, making statewide amendments more accessible and easier to understand, and necessitates new WAC number assignments.

4. Intent and Statutory Authority. The proposed rules are consistent with the legislative intent of RCW 19.27. This statute gives the Council sufficient authority to maintain the state building code and amend and adopt new editions of the Uniform Codes and Uniform Code Standards. The Uniform Codes are published every three years.

5. Coordination. The Council rulemaking process has included participation by national, state, and local building, fire, mechanical and plumbing officials, as well as state agency representatives for the departments of social and health services, health, labor and industries, and the state fire marshal. The Council actively seeks participation from other state agencies to assure that duplication and inconsistency is eliminated.

6. Cost. The Council appointed technical advisory groups and an Economic and Regulatory Assessment Committee to examine the costs and benefits associated with the revisions to the building code.

7. Fairness. The state amendments to the Uniform Codes proposed by the Council are intended to mitigate disproportionate impact on the regulated community. The Council consists of representatives from the regulated community, as well as public and regulatory officials. In addition, the Council enlisted the assistance of technical advisory groups made up of the individuals, organizations and businesses impacted by the building codes, to review code changes and proposals.

ongoing process

The rules given in the table above will be reviewed pursuant to RCW 19.27.074, beginning in January 1998. Because of changes in the national model building code organizations, the legislature should amend the referenced national model building codes under RCW 19.27.031. The Council will consult with major stakeholders and conduct a review of the bylaws, mission and purpose of the technical advisory groups. The Council will appoint technical advisory groups to begin detailed review of the national model building codes and proposed statewide amendments. The technical advisory groups will report findings to the appropriate Council committee for review. The next scheduled adoption of state building codes is December 2000.

schedule for review of procedural rules and opinions

The following page is a proposed schedule for review of Council procedural rules and opinions. This schedule will be presented to the full Council for review and approval. The review process will be publicized through the state register and targeted mailings. All Council meetings are open to the public and held in convenient locations.

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Proposed Schedule for Review of Procedural Rules and Opinions