PERMANENT RULES
Date of Adoption: November 9, 2001.
Purpose: To clarify the State Building Code Council procedure for requesting a reconsideration of rules.
Citation of Existing Rules Affected by this Order: Amending WAC 51-04-040.
Statutory Authority for Adoption: RCW 19.27.035.
Other Authority: Chapters 19.27 and 34.05 RCW.
Adopted under notice filed as WSR 01-16-121 on July 31, 2001.
Changes Other than Editing from Proposed to Adopted Version: The amount of time elapsed before the petition is deemed denied was changed from twenty to sixty days.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.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Repealed 0;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Repealed 0;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 1,
Repealed 0.
Effective Date of Rule:
July 1, 2002.
December 18, 2001
Tim Nogler
for Jim Lewis
Council Chair
OTS-4958.2
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 sixty 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.]