Preproposal statement of inquiry was filed as WSR 98-13-052.

Title of Rule: Amendment to chapter 51-04 WAC, Policies and procedures for consideration of state-wide and local amendments to the State Building Code.

Purpose: To update definitions and references in chapter 51-04 WAC.

Statutory Authority for Adoption: RCW 19.27.035, 19.27.074.

Statute Being Implemented: RCW 19.27.074.

Summary: The proposed rule will update definitions and references in chapter 51-04 WAC.

Reasons Supporting Proposal: Definitions and references require updating to be consistent with the current editions of the uniform codes. Reference to the State Energy Office, which has been closed, is no longer needed.

Name of Agency Personnel Responsible for Drafting and Implementation: Tim Nogler, P.O. Box 48300, Olympia, WA 98504, (360) 586-0486; and Enforcement: Local jurisdictions.

Name of Proponent: State Building Code Council, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule will change the language of WAC 51-04-015, 51-04-030, and 51-04-060 by updating definitions and references, and eliminating reference to the Washington State Energy Office.

These definitions and references require updating to provide accurate language in chapter 51-04 WAC, and to be consistent with the current editions of the uniform codes.

Proposal Changes the Following Existing Rules: See below.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no small business economic impact.

RCW 34.05.328 does not apply to this rule adoption. The State Building Code Council is not identified by RCW 34.05.328 as an agency required to comply.

Hearing Location: Spokane City Council Chambers, West 808 Spokane Falls Boulevard, Spokane, WA, on September 18, 1998, at 10 a.m.

Assistance for Persons with Disabilities: Contact Krista Braaksma by September 1, 1998, TDD (360) 753-2200.

Submit Written Comments to: Mike McEnaney, Chair, State Building Code Council, P.O. Box 48300, Olympia, WA 98504, fax (360) 586-5880, by September 16, 1998.

Date of Intended Adoption: November 13, 1998.

July 10, 1998

Mike McEnaney

Council Chair

AMENDATORY SECTION (Amending WSR 98-02-048, filed 1/5/98, effective 7/1/98)

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

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

(3) "Emergency state-wide amendment" means any proposed state-wide 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 state-wide 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) "State building code" means the Uniform Building Code and Standards; the Uniform Mechanical Code ((including Fuel Gas Piping)); the Uniform Fire Code and Standards; the Uniform Plumbing Code and Standards; the state regulations for barrier-free facilities, as designated in 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) "State-wide 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. State-wide amendments to the state building code must be adopted in accordance with the Administrative Procedure Act, chapter 34.05 RCW.

(8) "State building code update cycle" means that period during which the uniform 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 uniform codes, hereinafter referred to as "submission periods."

(9) "Uniform codes" means the Uniform Building, Mechanical, Plumbing, and Fire Codes as published by the International Conference of Building Officials, International Association of Plumbing and Mechanical Officials, and Western Fire Chiefs respectively.

[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.]

AMENDATORY SECTION (Amending WSR 95-01-127, filed 12/21/94, effective 6/30/95)

WAC 51-04-030  Policies for consideration of proposed local government residential amendments. All amendments to the building code, as adopted by cities and counties for implementation and enforcement in their respective jurisdictions, that apply to single and multifamily buildings as defined by RCW 19.27.015, shall be submitted to the council for approval.

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.

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 Uniform Building Code;

(2) Chapter 1 of the Uniform Mechanical Code;

(3) Article 1((, 2, 3 or 4)) of the Uniform Fire Code;

(4) ((Part)) Chapter 1 of the Uniform Plumbing Code;

(5) Chapter 1 or 11 of the State Energy Code; or

(6) Chapter 1 of the Ventilation and Indoor Air Quality Code need not be submitted to the Council for review and approval provided that such amendments do not diminish 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: 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.]

AMENDATORY SECTION (Amending WSR 94-05-058, filed 2/10/94, effective 3/13/94)

WAC 51-04-060  Opinions. RCW 19.27.031 grants the council authority to render opinions relating to the building code at the request of a local building official.

For the purposes of this section, the term "building official" means the local or state official, or their designee, responsible for implementation and enforcement of the specific code provision on which the opinion is requested.

Council building code related opinions shall be limited to the state regulations for barrier-free facilities, the state energy code, the state ventilation and indoor air quality code, and council amendments to the uniform codes.

Council related opinions may be developed and approved by a standing committee of the council.

Opinions approved by a standing committee may be reviewed and modified by the council.

((Energy code related opinions shall be developed in consultation with the Washington state energy office.))

[Statutory Authority: RCW 19.27.035 and chapter 34.05 RCW. 94-05-058, § 51-04-060, filed 2/10/94, effective 3/13/94. Statutory Authority: Chapters 19.27 and 34.05 RCW and 1989 c 348. 90-02-108, § 51-04-060, filed 1/3/90, effective 2/3/90.]