WSR 04-18-107

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed September 1, 2004, 9:33 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-12-111.

Title of Rule and Other Identifying Information: WAC 180-27-100 Special inspections and testing and 180-27-120 Costs to be financed entirely with school district funds.

Hearing Location(s): Northwest Educational Service District 189, 1601 R Avenue, Anacortes, WA 98221, on October 20, 2004, at 8:30 a.m.

Date of Intended Adoption: October 22, 2004.

Submit Written Comments to: Larry Davis, Executive Director, P.O. Box 47206, Olympia, WA 98504-7206, e-mail ldavis@ospi.wednet.edu, fax (360) 586-2357, by October 6, 2004.

Assistance for Persons with Disabilities: Contact Laura Moore, Executive Assistant, by October 6, 2004, TTY (360) 664-3631 or (360) 725-6025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 180-27-100 Special inspections and testing, various tests are required in the building code to verify the integrity of various structural elements of a building - concrete, steel, welding, anchor bolts, etc. From 1949 to 1997, the prevalent building code in the western United States has been the Uniform Building Code (UBC). In this state, the State Building Code Council (SBCC), a division of the Department of Community Development, developed the statement amendments, which together with the UBC, were adopted by the legislature as the State Building Code. The current rule refers to the Uniform Building Code.

The organization that drafted the Uniform Building Code joined other counterparts in producing the International Building Code (IBC) for consistency. 1997 was the last Uniform Building Code. The legislature has adopted the International Building Code and statement amendments as the State Building Code effective July 1, 2004. By changing the rule from "Uniform Building Code" to "State Building Code," the rule will include not only the IBC, but also any state amendments.

WAC 180-27-120 Costs to be financed entirely with school district funds, this rule lists costs to be borne entirely by the local district, such as site acquisition, central administration buildings, maintenance shops, stadiums, etc. Included in this list is project signs. The state board has expressed interest in having signs at project sites indicating state participating in the construction. This rule change will remove the local district from being responsible for the total cost of project signs.

Statutory Authority for Adoption: RCW 28A.525.020.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: See Purpose above.

Name of Proponent: State Board of Education, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, Washington, (360) 725-6025.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

August 31, 2004

Larry Davis

Executive Director

OTS-7530.1


AMENDATORY SECTION(Amending Order 11-83, filed 10/17/83)

WAC 180-27-100   Special inspections and testing.   All special inspections and testing to be performed by independent sources as specified in the construction documents shall be matched in addition to the construction costs subject to the approval of the superintendent of public instruction. For the purposes of this section, special inspections shall be those special inspections required under the ((Uniform)) State Building Code.

[Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), 180-27-100, filed 10/17/83.]

OTS-7277.1


AMENDATORY SECTION(Amending WSR 98-19-143, filed 9/23/98, effective 10/24/98)

WAC 180-27-120   Costs to be financed entirely with school district funds.   The cost of the following areas, facilities, and items shall not be eligible for the state matching purposes:

(1) The cost of area in excess of the space allocations as set forth in WAC 180-27-035;

(2) Acquisition cost of site;

(3) Maintenance and operation;

(4) Alterations, repair, and demolitions, except alterations necessary to connect new construction to an existing building;

(5) Central administration buildings;

(6) Stadia/grandstands;

(7) Costs incidental to advertising for bids, site surveys, soil testing for site purchase, and costs other than those connected directly with the construction of facilities;

(8) Bus garages, except interdistrict cooperatives;

(9) ((Project signs;

(10))) Sales and/or use taxes levied by local governmental agencies other than those sales and/or use taxes levied by the state of Washington;

(((11))) (10) All costs in excess of state support level factors established by the state board of education for state participation in financing school construction; and/or

(((12))) (11) All costs associated with the purchase, installation, and relocation of portable classrooms.

[Statutory Authority: RCW 28A.525.020. 98-19-143, 180-27-120, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), 180-27-120, filed 10/17/83.]

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