WSR 23-14-094

EMERGENCY RULES

BUILDING CODE COUNCIL

[Filed June 30, 2023, 1:18 p.m., effective July 1, 2023]

Effective Date of Rule: July 1, 2023.

Purpose: To add a new standard in WAC 51-54A-8000 and provide additional guidance on the installation of energy storage systems by adding a new amendment to WAC 51-54A-1201. An additional emergency filing is required to extend the effectiveness of the emergency rule while the building code council (council) continues work on a permanent rule filing.

Citation of Rules Affected by this Order: New WAC 51-54A-1201; and amending WAC 51-54A-8000.

Statutory Authority for Adoption: RCW 19.27.031.

Other Authority: RCW 19.27.074.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Energy storage systems is an industry that is emerging very quickly and there are many associated life and safety hazards to the installation of these systems. The 2018 International Fire Code (IFC) does not have enough language to address these hazards. This proposal permits the authority having jurisdictions to use NFPA 855 as a referenced document, per Section 102.7. The standard will be part of the IFC as a state amendment until the appropriate code sections are updated in future editions. The council is currently in the process of adopting the permanent rules for these systems, with public hearings tentatively set for late August/September. The 2021 IFC was originally scheduled to go into effect July 1, 2023, but was recently delayed until October 29, 2023; thus the emergency rule needs to be extended to be effective until the new code is in effect.

Date Adopted: June 30, 2023.

Tony Doan

Council Chair

OTS-3419.4