PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-11-072.
Title of Rule: Amendment of chapter 51-04 WAC, Policies and procedures for consideration of statewide and local amendments to the state building code.
Purpose: To consider amendment to the process of reconsideration of code change and local government amendment proposals (WAC 51-04-040).
Statutory Authority for Adoption: RCW 19.27.035.
Statute Being Implemented: Chapters 19.27 and 34.05 RCW.
Summary: The proposed rule amends the procedure for reconsideration of rules and amendments by the state Building Code Council.
Reasons Supporting Proposal: RCW 19.27.035.
Name of Agency Personnel Responsible for Drafting and Implementation: Tim Nogler, P.O. Box 48350, Olympia, WA 98504-8350, (360) 586-8999; and Enforcement: Local jurisdictions.
Name of Proponent: Washington State Building Code Council, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The council is seeking comments on the issues proposed in the rules shown below.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Proposed rule provides specific guidance for the reconsideration process, including deadlines and optional dispositions. The proposed rule will provide clear notice of State Building Code Council procedure for the benefit of the interested public and the council members.
Proposal Changes the Following Existing Rules: The proposed rule adds specific language describing the procedure for reconsideration of building code amendment decisions.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposed rule does not have an economic impact.
RCW 34.05.328 does not apply to this rule adoption. The State Building Code Council is not listed in this section as one of the agencies required to comply with this regulation.
Hearing Location: Spokane City Council Chambers, West 808 Spokane Falls Boulevard, Spokane, WA, on September 14, 2001, at 9:00 a.m.; and at the Auburn City Hall, 25 West Main Street, Auburn, WA, on October 12, 2001, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Patti Thorn by September 1, 2001, at (360) 725-2966, TDD (360) 753-2200.
Submit Written Comments to: Jim Lewis, Chairman, State Building Code Council, P.O. Box 48350, Olympia, WA 98504-8350, fax (360) 586-5880, by October 12, 2001.
Date of Intended Adoption: November 9, 2001.
July 13, 2001
Tim Nogler
for James M. Lewis
Council Chair
OTS-4958.1
AMENDATORY SECTION(Amending WSR 90-02-108, filed 1/3/90,
effective 2/3/90)
WAC 51-04-040
Reconsideration.
Any party proposing a
statewide or local government amendment to the building code may,
upon denial of the amendment by the council, file a petition for
reconsideration ((in accordance with RCW 34.05.470)).
Within ten days of a building code council vote to deny a statewide or local government amendment, any party may file a petition for reconsideration, stating the specific justification for rule adoption or local amendment. The petition shall be filed with the State Building Code Council, P.O. Box 48300, Olympia, Washington 98504.
The council is deemed to have denied the petition for reconsideration if, within twenty days from the date the petition is filed, the council does not either:
(1) Dispose of the petition; or
(2) Serve the parties with a written notice specifying the date by which it will act on the petition.
Unless the petition is deemed denied, the petition shall be disposed of by the council with recommendations from the same committee or committees that considered the proposed rule or local amendment. The disposition shall be in the form of a written notice denying the petition, granting the petition and refiling the rule-making order or approving the local amendment, or granting the petition and setting the matter for further hearings.
[Statutory Authority: Chapters 19.27 and 34.05 RCW and 1989 c 348. 90-02-108, § 51-04-040, filed 1/3/90, effective 2/3/90.]