PDFWAC 51-04-020
Rules for the consideration of proposed statewide amendments.
(1) All petitions for statewide amendments to the building code must be compliant with the requirements set forth in WAC 51-04-025.
(2) The council will accept and consider compliant petitions for emergency statewide amendments to the building code at any time, in accordance with RCW 19.27.074 and chapter 34.05 RCW.
(3) The council will accept and consider compliant petitions for statewide amendments that are submitted within the time periods the council posts for petitions relating to Group 1 and Group 2 amendments to be made in conjunction with the state building code update cycle.
(a) For the purpose of review and adoption of new model code editions and statewide amendment submission, the state building code shall be divided into two groups as follows, unless otherwise directed by the council:
(i) Group 1: International Building Code (IBC); International Existing Building Code (IEBC); International Fire Code (IFC) Washington state energy code-commercial (WSEC-C) and Wildland Urban Interface Code (WUI).
(ii) Group 2: International Residential Code (IRC); International Mechanical Code (IMC); International Fuel Gas Code (IFGC); standards liquefied petroleum gas are National Fire Protection Association (NFPA) standards 58 and 54; Uniform Plumbing Code (UPC); Washington state energy code-residential (WSEC-R).
(b) During August of the year before the year of the model code edition, the council will post a timeline for Group 1 and Group 2 code update processes, including providing separate periods of at least sixty days for the submission of petitions for statewide amendments for each group the council reserves the right to modify its timeline as it determines necessary and appropriate.
(c) The timeline shall include deadlines for committee transmittal to council of separate reports for Group 1 and Group 2 that identify:
(i) The significant changes contained in the new model codes from the prior model codes;
(ii) The existing state amendments to prior model codes that are proposed to be modified or eliminated; and
(iii) All committee proposed amendments to the new model codes. The reports shall be posted on the council website.
(d) The council shall direct council staff to submit a CR-102 to the code reviser's office containing any proposed rules that the council has approved and shall conduct at least two public hearings for each group (one in western Washington and one in eastern Washington) following the filing of the proposed rules with the code reviser's office.
(e) Upon completion of the council's review of Group 1 amendments (not including Group 1 amendments the council directs be kept open for consideration during the Group 2 period), the council will commence review of Group 2 amendments following the timeline.
(4) The council will accept and consider compliant petitions for all other statewide amendments to the state building code if one or more of the following criteria are met:
(a) The amendment is directed by the legislature;
(b) The amendment is necessary for code correlation, correction of errors, language clarification, or section update; or
(c) The council determines that the amendment would serve a critical public interest and requires immediate/accelerated action.
(5) The council shall review proposed new statewide amendments, and approve those meeting the appropriate criteria to file as proposed rules in accordance with chapter 34.05 RCW. The proposed rules filing shall include a small business economic impact statement in accordance with chapter 19.85 RCW.
(6) The code development period shall conclude with formal adoption of the state building code as amended by the council. As required by RCW 19.27.074, all decisions to adopt or amend the state building code shall be made prior to December 1st and shall not take effect before the end of the regular legislative session in the next year.
Provided, the December 1st deadline shall not apply to emergency rules or expedited adoption of rules under the Administrative Procedure Act, chapter 34.05 RCW.
(7) State amendments as approved by the council shall be submitted to the appropriate model code organization, at the direction of the council, except those adopted for consistency with state statutes or regulation and held for further review during the adoption period of those model codes by the council.
[Statutory Authority: RCW 19.27.035 and 19.27.074. WSR 21-01-049, § 51-04-020, filed 12/8/20, effective 1/8/21. Statutory Authority: RCW 19.27.031 and 19.27.074. WSR 19-24-078, § 51-04-020, filed 12/2/19, effective 1/2/20. Statutory Authority: RCW 19.27.031, 19.27.074 and 19.27.035. WSR 17-03-123, § 51-04-020, filed 1/18/17, effective 2/18/17. Statutory Authority: RCW 19.27.035, 19.27.074 and chapters 19.27 and 34.05 RCW. WSR 07-15-043, § 51-04-020, filed 7/13/07, effective 8/13/07. Statutory Authority: RCW 19.27.190, 19.27.020, and chapters 19.27 and 34.05 RCW. WSR 05-23-104, § 51-04-020, filed 11/17/05, effective 1/1/06. Statutory Authority: RCW 19.27.031 and 19.27.074. WSR 04-01-107, § 51-04-020, filed 12/17/03, effective 7/1/04. Statutory Authority: RCW 19.27.035 and chapter 34.05 RCW. WSR 94-05-058, § 51-04-020, filed 2/10/94, effective 3/13/94. Statutory Authority: Chapters 19.27 and 34.05 RCW and 1989 c 348. WSR 90-02-108, § 51-04-020, filed 1/3/90, effective 2/3/90; Order 76-02, § 51-04-020, filed 9/1/76.]