WSR 13-15-147 PROPOSED RULES WASHINGTON STATE PATROL [Filed July 23, 2013, 2:26 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-11-113.
Title of Rule and Other Identifying Information: Fire marshal standards.
Hearing Location(s): Washington State Patrol, General Administration Building, Room G-3, 210 11th Avenue S.W., Olympia, WA 98504-2600, on August 27, 2013, at 10:30 a.m.
Date of Intended Adoption: August 28, 2013.
Submit Written Comments to: Chief Deputy State Fire Marshal Barbara McMullen, P.O. Box 42600, Olympia, WA 98504-2600, e-mail Barbara.mcmullen@wsp.wa.gov, fax (360) 596-3936, by August 23, 2013.
Assistance for Persons with Disabilities: Contact Melissa Van Gorkom by August 23, 2013, (360) 596-4017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updates to chapter 212-12 WAC are necessary due to the recent passage of ESHB 1968 in the 2013 regular legislative session. Rule-making changes may also include other cleanup to existing language.
Reasons Supporting Proposal: Updates to chapter 212-12 WAC are necessary due to the recent passage of ESHB 1968 in the 2013 regular legislative session.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Federal Motor Carrier Administration, Washington utilities and transportation commission, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Chief Deputy State Fire Marshal Barbara McMullen, P.O. Box 42600, Olympia, WA 98504-2600, (360) 596-3911; and Enforcement: State Fire Marshal, P.O. Box 42600, Olympia, WA 98504-2600, (360) 596-3900.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required for this proposal.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504-2600, phone (360) 596-4017, fax (360) 596-4015, e-mail WSPRules@wsp.wa.gov.
July 23, 2013
John R. Batiste
Chief
AMENDATORY SECTION (Amending WSR 08-06-050, filed 2/28/08, effective 3/30/08)
WAC 212-12-005 Definitions.
Unless otherwise provided in this section, definitions in the Washington State Building Code, chapter 19.27 RCW, and 42 C.F.R. Ch. IV § 483.70, National Fire Protection Association, standard 101 "Life Safety Code" 2000 edition, as adopted by CMS (Center for Medicare/Medicaid Services) shall apply to this chapter. The following definitions ((shall)) will also apply to this chapter: (1) "State director of fire protection" means the director of fire protection within the Washington state patrol, the state fire marshal or authorized deputy or designee. (2) "New facility" means any facility that is being occupied for the first time, vacated for more than ((thirty)) one hundred eighty days and reoccupied, closed for more than one hundred eighty days and reopened, or for which the license has expired, ((shall)) will be considered a new facility and ((shall)) must meet the current codes and standards as adopted. Except for boarding homes which may be vacated for more than ((thirty)) one hundred eighty days if approved by the director of fire protection and the department of social and health services. (3) "Before and after school program" means a program licensed by the department of early learning that provides early learning experiences for children five years of age through twelve years of age who are attending kindergarten or elementary school.
AMENDATORY SECTION (Amending WSR 08-06-050, filed 2/28/08, effective 3/30/08)
WAC 212-12-015 Applicability.
The provisions of this chapter apply to all facilities for which the director of fire protection is responsible for fire protection and enforcement including: Adult rehabilitation center. Alcoholism hospital. Alcoholism intensive inpatient treatment services. Alcoholism treatment facility. Psychiatric hospital. Before and after school programs. Boarding home. Birthing center. Child care occupancies. Group care facility. Group care facilities for severely and multiply handicapped children. Hospital. Nursing home. Transient accommodation. Public buildings. Enhanced services facilities. Examination of premises. Standard of safety. Schools—Standards for fire prevention and safety—Plan review and construction inspection. Removal of fire hazards—Appeal of order—Penalty. Reports and investigations of fire—Police powers. Statistical information and reports. Examination of witnesses. Criminal prosecution. Record of fires. Premises with guard animals—Registration, posting—Acts permitted firefighters—Liability for injury to firefighters. Hazardous liquid and gas pipeline accidents—Preparedness of local first responders.
NEW SECTION
WAC 212-12-022 Additional before and after school program requirements.
(1) Before and after school programs located in an existing, operational, public school or private school will be deemed as meeting code requirements at the time of their construction. Except that locations that are not equipped with an automatic fire sprinkler will be deemed as meeting code requirements only when the location of the program meets the following: (a) Program must be located on the ground floor with direct exiting in the area the program is being provided; (b) The building has an installed fire detection and alarm system; and (c) The building has accessible fire extinguishers installed within the area the program is being provided. (2) Before and after school programs that are not located in an existing, operational, public or private school must be inspected as a new facility and must be required to meet the code requirements outlined in chapter 19.27 RCW.
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