WSR 10-13-114

EMERGENCY RULES

BUILDING CODE COUNCIL


[ Filed June 21, 2010, 9:15 a.m. , effective June 21, 2010, 9:15 a.m. ]


Effective Date of Rule: Immediately.

Purpose: To delay the effective date of the permanent order filed as WSR 10-03-115 on January 20, 2010 (2009 edition of the Washington State Energy Code, chapter 51-11 WAC). Effective date is delayed from July 1, 2010, to October 29, 2010.

Citation of Existing Rules Affected by this Order: Amending WAC 51-11-0101, 51-11-0105, 51-11-0201, 51-11-0302, 51-11-0303, 51-11-00401, 51-11-0402, 51-11-0501, 51-11-0502, 51-11-0503, 51-11-0504, 51-11-0505, 51-11-0525, 51-11-0527, 51-11-0530, 51-11-0540, 51-11-0541, 51-11-0601, 51-11-0602, 51-11-0603, 51-11-0604, 51-11-0625, 51-11-0701, 51-11-0800, 51-11-0900, 51-11-1001, 51-11-1004, 51-11-1005, 51-11-1006, 51-11-1007, 51-11-1008, 51-11-1009, 51-11-1120, 51-11-1131, 51-11-1132, 51-11-1133, 51-11-1141, 51-11-1310, 51-11-1311, 51-11-1312, 51-11-1313, 51-11-1314, 51-11-1322, 51-11-1323, 51-11-1331, 51-11-1332, 51-11-1334, 51-11-1402, 51-11-1410, 51-11-1411, 51-11-1412, 51-11-1413, 51-11-1414, 51-11-1416, 51-11-1421, 51-11-1423, 51-11-1431, 51-11-1432, 51-11-1433, 51-11-1435, 51-11-1436, 51-11-1437, 51-11-1438, 51-11-1439, 51-11-1440, 51-11-1454, 51-11-1510, 51-11-1512, 51-11-1513, 51-11-1521, 51-11-1530, 51-11-1531, 51-11-1532, 51-11-99901, 51-11-99902, 51-11-99903[, and 51-11-99904]; and new sections WAC 15-11-1135, 51-11-1200, 51-11-1444, 51-11-1445, 51-11-1446, and 15-11-1460.

Statutory Authority for Adoption: RCW 19.27A.020, 19.27A.025, and 19.27A.045.

Other Authority: Chapters 19.27 and 34.05 RCW.

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: The recovery of the construction industry is central to the continuing recovery of the Washington state economy from the recent unprecedented recession.

Temporary delay in the effective date of the 2009 Washington State Energy Code is necessary to allow the construction industry to stabilize.

The state building code council (council), based on the following good cause, finds that an emergency affecting the general welfare of the state of Washington exists. The council further finds that immediate delay in implementation of the 2009 edition of the Washington State Energy Code, revised chapter 51-11 WAC, is necessary for the public welfare and that observing the time requirements of notice and opportunity to comment would be contrary to the public interest.

The declaration of emergency affecting the general welfare of the citizens of the state of Washington is based on the following findings:

The Washington State Energy Code 2009 edition (2009 Energy Code) as adopted by the council pursuant to chapter 34.05 RCW was originally set to become effective on July 1, 2010.

The amendment to the 2009 Energy Code contained herein as adopted by the council under emergency rule making pursuant to RCW 34.05.350, extending the effective date, will avoid unintended consequences, and will provide economic relief to the state's construction industry and property owners from rising costs at a time when the state's economy is suffering. Recovery of the construction industry is central to the recovery of the state's economy. This amendment to the effective date of the 2009 Energy Code is consistent with the legislature's direction to the council in RCW 19.27A.045 to "maintain the state energy code for residential structures in a status which is consistent with the state's interest." This amendment results in temporarily extending the 2006 edition of the Washington State Energy Code. As this amendment reflects, the council has directed that the effective date of the 2009 Energy Code be delayed for one hundred twenty days after filing of the emergency rule, temporarily extending the 2006 edition of the Washington State Energy Code.

The original effective date of the 2009 Energy Code may have unanticipated consequences for the construction industry. This could ultimately result in undue expense for residential and commercial construction under the 2009 Energy Code. The council finds this may be an economic burden that may jeopardize the state's economic recovery, and immediate adoption of this amendment is necessary so as to delay the new regulations coming into place July 1, 2010. The council finds it should not impose the new standards until the economy and the construction industry has had further opportunity to stabilize. The amendment herein takes into consideration the general welfare of the public by temporarily extending the 2006 edition of the Washington State Energy Code. The council also has directed staff to pursue rule making to adopt a permanent rule establishing an effective date for the 2009 Energy Code.

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 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: June 11, 2010.

John C. Cochran

Council Chair

Washington State Code Reviser's Office