WSR 23-20-035

EMERGENCY RULES

BUILDING CODE COUNCIL

[Filed September 26, 2023, 2:49 p.m., effective October 29, 2023]

Effective Date of Rule: October 29, 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 state building code council (SBCC) 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 2028 IFC as a state amendment until the newly adopted appropriate code sections in the 2021 IFC become effective.

SBCC adopted the permanent rules for these systems at SBCC meeting on September 15, 2023. The 2021 IFC was originally scheduled to go into effect July 1, 2023, but was delayed until October 29, 2023. On September 15, 2023, SBCC agreed on another delay; the new effective date for all building codes is March 15, 2024. The emergency rule was extended once to align with the October 29 effective date, and now it needs to be extended again two more times to be effective until March 15, 2024.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 15, 2023.

Tony Doan

Council Chair

OTS-3419.4