WSR 98-20-051

EMERGENCY RULES

BUILDING CODE COUNCIL

[Filed October 1, 1998, 11:52 a.m.]



Date of Adoption: September 18, 1998.

Purpose: To repeal WAC 51-40-23110, the state amendment to the 1997 Uniform Building Code Footnote 3 to both Table 23-II-I-1 and Table 23-II-I-2, thus leaving the footnote for both of these allowable shear tables as published by the International Conference of Building Officials (ICBO) in the 1997 Edition of the UBC.

Citation of Existing Rules Affected by this Order: Repealing WAC 51-40-23110.

Statutory Authority for Adoption: RCW 19.27.074, 19.27.031.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The State Building Code Council (council), based on the following good cause, finds that an emergency affecting the general welfare of the state of Washington exists. The council further finds that immediate amendment of a certain council rule is necessary for the public welfare and that observing the time requirements of notice and opportunity to comment would be contrary to the public interest.

The declaration of emergency affecting the general welfare of the state of Washington is based on the following findings:

The council's adoption of chapter 51-40 WAC, the state amended 1997 edition of the Uniform Building Code (UBC), published by the International Conference of Building Officials (ICBO), took effect July 1, 1998. The repeal of WAC 51-40-23110 contained herein as adopted by the council under emergency rule making pursuant to RCW 34.05.350, will remove the state's amendment of UBC Table 23-II-I-1 and Table 23-II-I-2, allowable shear tables for wind and seismic forces. After the council's adoption of WAC 51-40-23110, ICBO published an errata for Footnote 3 of the UBC Table 23-II-I-1 and Table 23-II-I-2 which caused the state's amendment of Footnote 3 to be incomplete and inaccurate. This emergency rule will allow changes contained in the errata from ICBO for Footnote 3 in these two tables to take effect. Without these changes, the required shear wall resistance to seismic and wind forces will be inadequate for some building designs. Immediate adoption of this amendment is necessary so that structural engineers will have proper guidance from these two allowable shear tables for use in building design.

The amendment herein takes into consideration the general welfare and safety of the public by reverting to shear wall requirements published by ICBO. In order to provide immediate relief, the council finds it necessary to adopt the amendment as an emergency rule. The council also has taken the necessary steps to adopt a permanent rule. The permanent rule will not be effective until the end of the 1999 legislative session as per RCW 19.27.074.

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 1.

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 1.

Effective Date of Rule: Immediately.

September 18, 1998

Mike McEnaney

Council Chair

Legislature Code Reviser

Register

Washington State Code Reviser's Office