WSR 14-06-027 EXPEDITED RULES BUILDING CODE COUNCIL [Filed February 25, 2014, 1:21 p.m.]
Title of Rule and Other Identifying Information: Recodifying chapter 365-110 WAC, State Building Code—Building permit surcharge and fees, to chapter 51-05 WAC and updating references.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Ray Allshouse, Chair, State Building Code Council, P.O. Box 41449, Olympia, WA 98504-1449, AND RECEIVED BY May 6, 2014.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Makes editorial changes to the WAC and recodify to a new WAC number.
The state building code council was previously housed within the department of commerce, and the definition of "building permit" for the purposes of collecting the surcharge under RCW 19.27.085 was originally adopted into commerce's chapter of the WAC, Title 365 WAC. Upon subsequent relocations of the building code council, it was determined that this definition should fall under the council's chapter [title] of the WAC, Title 51 WAC. In addition, the model codes referenced in the WAC are obsolete and needed to be updated.
Reasons Supporting Proposal: Chapter 271, Laws of 2010, moved the state building code council from the department of commerce to the department of general administration. Subsequent chapter 43, Laws of 2011, moved the program to the department of enterprise services. Rules necessary for the operation of the state building code council are no longer appropriate to be adopted under the authority of the department of commerce in chapter 365-110 WAC.
Statutory Authority for Adoption: RCW 19.27A.025, 19.27A.045.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: State building code council, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Krista Braaksma, P.O. Box 41449, Olympia, WA 98504-1449, (360) 407-9278; and Enforcement: Local jurisdictions.
February 25, 2014
C. Ray Allshouse
Council Chair
AMENDATORY SECTION (Amending WSR 99-01-089, filed 12/16/98, effective 1/16/99)
WAC 365-110-035 Definitions.
1. ((Department shall mean the department of community, trade, and economic development.
2.)) State Building Code fee shall mean a fee which is required to be collected by cities and counties pursuant to chapter 19.27 RCW. Funds collected shall be used exclusively to implement the provisions of chapters 19.27 and 19.27A RCW.
((3.)) 2. Building permit shall mean a permit issued by a city or a county to construct, enlarge, alter, repair, move, ((improve, remove, convert or)) demolish, or change the occupancy of any building or structure regulated by the ((Uniform)) International Building Code as set forth in the ((Uniform)) International Building Code, section ((106.1)) 105.1 or by the International Residential Code as set forth in the International Residential Code, section R105.1. This definition shall be subject to the exemptions contained in section ((106.2)) 105.2 of the ((Uniform)) International Building Code and section R105.2 of the International Residential Code. Building permits shall not include plumbing, electrical, mechanical permits, or permits issued pursuant to the ((Uniform)) International Fire Code.
NEW SECTION
The following sections of the Washington Administrative Code are decodified and recodified as follows:
REPEALER
The following section of the Washington Administrative Code is repealed:
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