Original Notice.

     Preproposal statement of inquiry was filed as WSR 09-05-050.

     Title of Rule and Other Identifying Information: Amendment of chapter 51-52 WAC, adoption and amendment of the 2009 Edition of the International Mechanical Code (IMC) and International Fuel Gas Code (IFGC); 2009 Edition of the National Fuel Gas Code (NFPA 54); and the 2008 Edition of the Liquefied Petroleum Gas Code (NFPA 58).

     Hearing Location(s): Spokane City Council Chambers, West 808 Spokane Falls Boulevard, Spokane, WA, on September 10, 2010, at 10:00 a.m.; and at the Senate Hearing Room 2, Cherberg Building, Washington State Capitol Campus, Olympia, Washington, on September 24, 2010, at 10:00 a.m.

     Date of Intended Adoption: October 15, 2010.

     Submit Written Comments to: John Cochran, Council Chair, P.O. Box 41014, Olympia, WA 98504-1014, e-mail krista.braaksma@ga.wa.gov, fax (360) 586-9383, by September 24, 2010

     Assistance for Persons with Disabilities: Contact Peggy Bryden by August 26, 2010, TTY (360) 586-0772 or (360) 725-2966.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules amend the 2009 Edition of the IMC to state that exhaust from enclosed parking garages is considered environmental air and is required to meet the separation requirements for environmental air ducts.

     Reasons Supporting Proposal: RCW 19.27.031 and 19.27.074.

     Statutory Authority for Adoption: RCW 19.27.031 and 19.27.074.

     Statute Being Implemented: Chapters 19.27 and 34.05 RCW.

     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: The council is seeking comments on the issues proposed in the rules shown below.

     Name of Proponent: Washington state building code council, governmental.

     Name of Agency Personnel Responsible for Drafting and Implementation: Krista Braaksma, P.O. Box 41014, Olympia, WA 98504-1014, (360) 725-2964; and Enforcement: Local jurisdictions.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. During review of the proposed changes, the technical advisory group and the economic and regulator assessment committee did not identify any items with potential disproportionate cost impact to small business.

     A cost-benefit analysis is not required under RCW 34.05.328. The state building code council is not listed in this section as one of the agencies required to comply with this statute.

June 11, 2010

John C. Cochran

Council Chair

OTS-3494.1

AMENDATORY SECTION(Amending WSR 10-03-099, filed 1/20/10, effective 7/1/10)

WAC 51-52-0202   Section 202 -- General definitions.  

ENVIRONMENTAL AIR. Air that is conveyed to or from occupied areas through ducts which are not part of the heating or air-conditioning system, such as ventilation for human usage, domestic kitchen range exhaust, domestic clothes dryer exhaust, transformer vault exhaust and parking garage exhaust.

SOURCE SPECIFIC VENTILATION. A mechanical ventilation system including all fans, controls, and ducting, which is dedicated to exhausting contaminant-laden air to the exterior of the building from the room or space in which the contaminant is generated.

UNUSUALLY TIGHT CONSTRUCTION. Construction meeting the following requirements:

     1. Walls exposed to the outdoor atmosphere having a continuous water vapor retarder with a rating of 1 perm (57 ng/s·m²·Pa) or less with openings gasketed or sealed; and

     2. Operable windows and doors meeting the air leakage requirements of the International Energy Conservation Code, Section 502.1.4; and

     3. Caulking or sealants are applied to areas such as joints around window and door frames, between sole plates and floors, between wall-ceiling joints, between wall panels, at penetrations for plumbing, electrical and gas lines, and at other openings; or

     4. Buildings built in compliance with the 1986 or later editions of the Washington State Energy Code, chapter 51-11 WAC, Northwest Energy Code, or Super Good Cents weatherization standards or equivalent.

WHOLE HOUSE VENTILATION SYSTEM. A mechanical ventilation system, including fans, controls, and ducts, which replaces, by direct or indirect means, air from the habitable rooms with outdoor air.

[Statutory Authority: RCW 19.27.190, 19.27.074, 19.27.031 and chapters 19.27 and 34.05 RCW. 10-03-099, § 51-52-0202, filed 1/20/10, effective 7/1/10. Statutory Authority: RCW 19.27.190, 19.27.020, and chapters 19.27 and 34.05 RCW. 07-01-092, § 51-52-0202, filed 12/19/06, effective 7/1/07. Statutory Authority: RCW 19.27.031 and 19.27.074. 04-01-104, § 51-52-0202, filed 12/17/03, effective 7/1/04.]

501.2 Exhaust discharge. The air removed by every mechanical exhaust system shall be discharged outdoors at a point where it will not cause a nuisance and not less than the distances specified in Section 501.2.1. The air shall be discharged to a location from which it cannot again be readily drawn in by a ventilating system. Air shall not be exhausted into an attic or crawlspace.

EXCEPTIONS:	1. Whole-house cooling fans shall be permitted to discharge into the attic space of dwelling units having private attics.
	2. Commercial cooking recirculating systems.

501.2.1 Location of exhaust outlets. The termination point of exhaust outlets and ducts discharging to the outdoors shall be located with the following minimum distances:

     1. For ducts conveying explosive or flammable vapors, fumes or dusts: 30 feet (9144 mm) from the property line; 10 feet (3048 mm) from operable openings into the building; 6 feet (1829 mm) from exterior walls and roofs; 30 feet (9144 mm) from combustible walls and operable openings into the building which are in the direction of the exhaust discharge; 10 feet (3048 mm) above adjoining grade.

     2. For other product-conveying outlets: 10 feet (3048 mm) from property lines; 3 feet (914 mm) from exterior walls and roofs; 10 feet (3048 mm) from operable openings into the building; 10 feet (3048 mm) above adjoining grade.

     3. For all environmental air exhaust ((other than enclosed parking garage and transformer vault exhaust)): 3 feet (914 mm) from property lines, 3 feet (914 mm) from operable openings into buildings for all occupancies other that Group U, and 10 feet (3048 mm) from mechanical air intakes. Such exhaust shall not be considered hazardous or noxious.

EXCEPTIONS:	1. The separation between an air intake and exhaust outlet on a single listed package HVAC unit.
	2. Exhaust from environmental air systems other than garages may be discharged into an open parking garage.
	3. Except for Group I occupancies, where ventilation system design circumstances require building HVAC air to be relieved, such as during economizer operation, such air may be relieved into an open or enclosed parking garage within the same building.

     4. Exhaust outlets serving structures in flood hazard areas shall be installed at or above the design flood level.

     5. ((For enclosed parking garage exhaust system outlets and transformer vault exhaust system outlets: 10 feet (3048 mm) from property lines which separate one lot from another; 10 feet (3048 mm) from operable openings into buildings; 10 feet (3048 mm) above adjoining grade.

     6.)) 5. For elevator machinery rooms in enclosed or open parking garages: Exhaust outlets may discharge air directly into the parking garage.

     ((7.)) 6. For specific systems see the following sections:

     ((7.1)) 6.1 Clothes dryer exhaust, Section 504.4.

     ((7.2)) 6.2 Kitchen hoods and other kitchen exhaust equipment, Sections 506.3, 506.4 and 506.5.

     ((7.3)) 6.3 Dust stock and refuse conveying systems, Section 511.

     ((7.4)) 6.4 Subslab soil exhaust systems, Section 512.4.

     ((7.5)) 6.5 Smoke control systems, Section 513.10.3.

     ((7.6)) 6.6 Refrigerant discharge, Section 1105.7.

     ((7.7)) 6.7 Machinery room discharge, Section 1105.6.1.

[Statutory Authority: RCW 19.27.190, 19.27.074, 19.27.031 and chapters 19.27 and 34.05 RCW. 10-03-099, § 51-52-0501, filed 1/20/10, effective 7/1/10. Statutory Authority: RCW 19.27.190, 19.27.020, and chapters 19.27 and 34.05 RCW. 07-01-092, § 51-52-0501, filed 12/19/06, effective 7/1/07. Statutory Authority: RCW 19.27.020, 19.27.031, 19.27.074 and chapters 19.27 and 34.05 RCW. 05-01-015, § 51-52-0501, filed 12/2/04, effective 7/1/05.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

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