WSR 22-02-041

PROPOSED RULES

BUILDING CODE COUNCIL

[Filed December 30, 2021, 10:08 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 21-07-137.

Title of Rule and Other Identifying Information: Chapter 51-54A WAC, Adoption and amendments of the 2021 International Fire Code (IFC).

Hearing Location(s): On February 11, 2022, at 10:00 a.m., and March 11, 2022, at 10:00 a.m., virtual meeting - Zoom. In response to the governor's emergency proclamation there will not be a physical location. Please access the meeting via Zoom or Conference Phone provided in the agenda.

Date of Intended Adoption: April 15, 2022.

Submit Written Comments to: State Building Code Council (SBCC), 1500 Jefferson Street S.E., Olympia, WA 98504, email SBCC@des.wa.gov, by March 4, 2022.

Assistance for Persons with Disabilities: Contact Annette Haworth, phone 360-407-9255, email SBCC@des.wa.gov, by February 4, 2022.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules adopt the 2021 edition of IFC, published by the International Code Council (ICC), with state amendments to incorporate proposed changes as adopted by SBCC. The rules will provide increased clarity and life safety measures for building construction in Washington state.

SUMMARY OF PROPOSED CHANGES:

2021 IFC

Amendments to Chapter 51-54A WAC

Reasons Supporting Proposal: RCW 19.27.031 and 19.27.074.

Statutory Authority for Adoption: RCW 19.27.031, 19.27.074.

Statute Being Implemented: RCW 19.27.031, 19.27.074.

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

Name of Proponent: SBCC, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Ray Shipman, 1500 Jefferson Street S.E., Olympia, WA 98504, 360-407-8047; Enforcement: Local jurisdictions having authority.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Stoyan Bumbalov, 1500 Jefferson Street S.E., Olympia, WA 98504, phone 360-407-9277, email SBCC@des.wa.gov.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and rule content is explicitly and specifically dictated by statute.

The proposed rule does impose more-than-minor costs on businesses. There are costs imposed by the proposed rules, but the costs do not fall disproportionately on small businesses. These rules will not affect the distribution of impacted work, whether by small businesses or not, doing the work. The rules do not affect employment, reporting, or recordkeeping.

Description: SBCC is filing a proposed rule to adopt the updated 2021 edition of IFC (chapter 51-54A WAC). Since 1985, SBCC has been responsible to update to new editions of the building code per RCW 19.27.074. IFC is updated every three years by ICC. The code development process conducted by the model code organization is open to all interest groups within the design and construction industry and from governmental organizations. See ICC website for more information about the model code development process.

The administrative compliance requirements are under the authority of the local government, RCW 19.27.050. Compliance activities including permit issuance, plan review and approval, and inspections occur at the local level. Requirements for construction document submittal and other reporting requirements are determined by the local jurisdiction and are consistent with previously established policies. The proposed amendments to chapter 51-54A WAC include specific technical requirements for building construction to be consistent with national standards.

Professional Services: Washington has had a statewide building code in effect since 1974. The local enforcement authority having jurisdiction administers the codes through the building and/or fire departments. Administrative procedures for state building code compliance are established and will not be changed by the adoption of the update to the current building codes. Small businesses will employ the same types of professional services for the design and construction of buildings and systems to comply with the state building code.

The proposed rule updates the state building code and does not require additional equipment, supplies, labor, or other services. Services needed to comply with the building code are existing within the construction industry as required by the local authority having jurisdiction.

Costs of Compliance for Businesses: SBCC is required to adopt and maintain the state building code, as provided in chapters 19.27, 19.27A, and 70.92 RCW, and the state legislature. The primary objective of SBCC is to encourage consistency in the building code throughout the state of Washington and to maintain the building code consistent with the state's interest as provided in RCW 19.27.020. An objective of statewide adoption is to minimize state amendments to the model codes. SBCC accepts statewide code amendment proposals from stakeholders to amend IFC to meet the legislative goals. The statewide code adoption process is defined in chapter 51-04 WAC and SBCC bylaws. All proposals must be submitted in writing on the appropriate form with the indicated supporting documentation. Each proponent must identify where a proposed amendment has an economic impact and estimate the costs and savings of the proposal on construction practices, users and/or the public, the enforcement community, and operation and maintenance.

The cost of compliance incurred by Washington businesses includes training and educational materials. IFC 2021 model codes cost $111 + tax, shipping, and handling. This publication is also available on ICC website. ICC offers training for continuing education credits to architects, engineers, and building inspectors.

For the 2021 code adoption cycle, SBCC received 51 proposals. IFC technical advisory group (TAG) recommended approval of 50 proposals as submitted or as modified. One proposal was recommended not for approval. Eight proposals were withdrawn by the proponent. Eight proposals were identified by the TAG as having a cost (increase or decrease) for compliance on businesses. SBCC recommended filing the proposed rule to allow input through the public hearing process.

1. Section IFC 3303.5 (21-GP1-019): This proposal adds an exception to Section 3303.5 Fire safety requirements for buildings of Types IV-A, IV-B and IV-C construction. The added Exception 2 will eliminate the need for noncombustible protection on the top surface of mass timber floor assemblies before erecting additional floor levels. Oral testimony from a fire protection engineer in support of the proposal at the committee action hearings also stated that protecting the top surface of floors is not necessary, from a fire standpoint. Heat travels upward, so the floor surface does not have the same exposure as vertical surfaces or ceilings above. This proposal will decrease the cost of construction for taller mass timber buildings by increased efficiency of construction sequencing and reduced construction time.

2. Section 903.3.1.2 (21-GP1-020): Undoes a change that was made to 2021 IFC and IBC (FS117-18), returning the language in the section to the 2018 text, and aligns the code with the scoping provisions of NFPA 13R. The 2021 change unnecessarily limits the applicability of NFPA 13R systems, particularly for podium buildings, triggering a requirement for a full NFPA 13 system in more buildings. If adopted by SBCC, the 2021 IFC/IBC requirement would decrease affordability for residential construction, since a full NFPA 13 system would be required in shorter buildings. The new proposal will decrease construction cost.

According to a November 2020 article on the National Fire Sprinkler Association website:

• The National Multifamily Housing Council members estimate a NFPA 13 system costs "an average of $1 to $2 more per square foot than NFPA 13R."

• "NFPA Journal notes that installing an NFPA 13 system can cost four to six times more than an NFPA 13R system and include a four to six times greater construction turnaround time."

3. Section 105 and 301.2 and new 321322.1 through 321322.4.3.3, 403.10.6 and revision to table 903.2.11.6. Lithium batteries (21-GP1-023): There currently are no specific requirements in IFC that regulate the storage of lithium-ion and lithium metal batteries. Lithium-ion and lithium metal batteries can create challenging fire hazards. This proposal includes requirements that regulate the collection and storage of these batteries so as to reduce the probability of an event and mitigate any adverse impact on the affected facility and public safety. The requirements are intended to cover all types of lithium-ion and lithium metal batteries (e.g., new, used, waste, refurbished), used batteries being collected for recycling or disposal, and batteries at recycling and disposal facilities. The proposal has the potential to increase the costs associated with the collection and storage of these batteries. One hour of plan review and one hour of inspection time is estimated per permit application.

4.Chapter 80, Reference Standards (21-GP1-035): The requirement for fire sprinklers in elevator pits produces a cost of approximately $10,000-$15,000 as well as maintenance of the system and associated devices. The removal of this requirement will result in a decreased construction cost for a system that has a marginal effect on the life safety improvement in the building. The cost for the shunt trip is approximately $6,000-$10,000. Relays are about $350 each, and monitoring modules are about $500 each. Including wiring, label and markup, the cost is approximately $10,000-$15,000 to install an elevator shunt trip. There are additional costs to install heat detection for operating the shunt trip at the top of shaft and elevator equipment room of around $2,000-$3,000 depending upon the building. Fire sprinklers would also need to be provided to meet NFPA 13 at a cost of $2,000-$5,000 depending upon the building. This is a conservative projection of the cost, and it could be more or less depending upon the particular building.

5.Chapter 2 Definitions, Sections: 902, 904.1.1, 904.1.1.1, 904.1.1.2, 904.1.1.3 (21-GP1-050): This proposal is an existing Washington state amendment with proposed changes to align certifications for not only service personnel, but designers and installers as well. The proposed amendment utilizes nationally recognized NICET certifications for Special Hazards Suppression Systems which encompasses NFPA 11, 12, 12A, 13, 16, 17, 17A, 25, 70, 72, 68, 69, 750, and 2001. This proposed amendment also aligns with NICET certifications for Section 903 "Automatic Sprinkler Systems" and Section 907 "Fire Alarm and Detection Systems." The exception allows current ICC/NAFED certification holders to continue to provide installation and service to Kitchen Fire Suppression systems which was originally the intent of this Washington state amendment. The proposal also includes a new definition for Special Hazards Suppression Systems. This code clarification would bring consistency across all jurisdictions and will result in an increased cost. Level 1 application cost: $230.00, 140 minute exam time limit. Level 2 application cost: $300.00, 170 minute exam time limit. Total labor to achieve level 2 = 5.2 hours, Our average technician wage is $38.00 per hour. The total would be approximately $727.60 per employee needing certification.

6.Sections IFC 1207.1.4 Hazard Mitigation Analysis (21-GP1-071): This proposal adds a condition #4 to 1207.1.4. (Where flammable gases can be produced under abnormal conditions.) Recent editions and revisions to IFC and NFPA 855 are adding a situation that would trigger an hazard mitigation analysis (HMA) in addition to the three currently listed. Specifically, an HMA shall be required when an energy story systems battery technology emits flammable gases during abnormal conditions. This provision will require system designers to carefully consider the hazards specific to lithium-ion battery technology. The economic impact will be increased due to the cost of services for the analysis and will scale with the complexity and size of the system. This mitigation analysis for lithium batteries is new and an accurate cost is impossible at this time to formulate.

7.Sections IFC 903.2.1.3 and 4901.1, Chapter 10 (various sections) (21-GP1-068), (21-GP1-075): The code proposals are addressing fixed guideway and passenger rail systems. Proposal 21-GP1-068 is intended to correlate IBC/IFC requirements for fire protection to NFPA 130 requirements. The primary purpose is to clarify the requirements for fire protection at open stations. IFC Chapter 9 requires fire protection in Group A3 occupancies and levels from the Group A3 occupancy to the level of exit discharge. However, for open stations, NFPA 130 only requires fire protection in areas with combustible loading. The code and standard are in conflict, but pursuant to Chapter 1 of IFC, the code language prevails. Some jurisdictions have required fire protection at the platform level and at the plaza level while others have not. This code clarification would bring consistency across all jurisdictions and will result in significant decrease in building cost. For justification, the proponent uses an estimate for elevated station in design in North Seattle, which shows a significant decrease in building costs of $225,348. Proposal 21-GP1-075 is drawn from NFPA 130 amendments by the City of Bellevue and the City of Seattle for means of egress for light rail stations. The intent is to provide clarity for more consistent application of IFC and NFPA 130 in the future as light rail service expands and extends into new jurisdictions. The proposal clarifies conflicts between IFC and NFPA 130; there is no associated cost with the adoption.

Loss of Sales or Revenue: The proposed rules make the state code for building construction consistent with national standards. Businesses with new products or updated test or design standards are recognized in the updated building code.

The update will result in some cost outlay for some small businesses for specific building projects for a transition period. Other small businesses would see an increase in revenue. The amendments to the fire code affect over 25,000 small businesses in the state where construction activity occurs. The primary intent of the amendments is to improve the safety features in buildings and provide consistency and fairness across the state for a predictable business environment. The amendments should result in enhanced safety and value in buildings.

Cost of Compliance for Small Businesses: Determine whether the proposed rule will have a disproportionate cost impact on small businesses, compare the cost of compliance for small business with the cost of compliance for the 10 percent of businesses that are the largest businesses.

The majority of businesses affected by the updates to the fire code are small businesses; over 95 percent of those listed in the construction and related industries have under 50 employees. The costs per employee are comparable between the largest businesses and the majority of small businesses. The cost to comply with the updated codes is not a disproportionate impact on small business.

Reducing the Costs of the Rule on Small Businesses: SBCC conducted a detailed review process, including participation at the national code development hearings, to document significant economic impacts of the proposed code amendments.

Small Businesses Involved in the Development of the Rule: For IFC, SBCC conducted five open public meetings of the building code technical advisory group, available via telephone conference bridge and over the internet, and allowed comment on every item on every agenda. For IFC, SBCC appointed 11 representatives of all segments of the business and construction community to serve on the technical advisory groups.

List of Industries: Below is a list of industries required to comply with the building code:

Note: Data is blank in some fields to protect data source.

Data Source: Economic Census of the United States.

Estimate of the Number of Jobs That Will Be Created or Lost: The adoption of the latest code edition is not expected to significantly impact the number of jobs in the construction industry. These rules are likely to be job-neutral overall, i.e., they will not result in any job gains or losses. The scheduled effective date of the new edition is July 1, 2023. Building permits issued prior to that date will be vested under the 2018 building code. Permits issued for projects under the 2018 code edition will generally start with the 2021 construction season.

The public may obtain a copy of the small business economic impact statement or the detailed cost calculations by contacting Stoyan Bumbalov, 1500 Jefferson Street S.E., Olympia, WA 98504, phone 360-407-9277, email Stoyan.Bumbalov@des.wa.gov.

December 30, 2021

Andrew S. Klein

Council Chair

OTS-3491.3

Chapter 51-54A WAC