Effective Date of Rule: Immediately.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The rule only delays the effective date of another rule that is not yet effective.

     Purpose: Amendment of chapter 51-11 WAC, the Washington State Energy Code.

     This filing delays the effective date from July 1, 2010, to October 29, 2010, for the 2009 edition of the Washington State Energy Code, chapter 51-11 WAC.

     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, 51-11-0401, 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]; new sections WAC 51-11-1135, 51-11-1200, 51-11-1444, 51-11-1445, 51-11-1446, and 51-11-1460; and suspending to October 29, 2010.

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

      Adopted under notice filed as WSR 09-17-136 on August 19, 2009.

     Changes Other than Editing from Proposed to Adopted Version:

     •     The requirement in Section 503.4.1 for variable speed motors was not adopted.

     •     The lighting requirements in Section 505.1 were changed to require fifty percent high efficacy luminaires rather than fifty percent high efficiency lamps.

     •     Table 6-2 was added back to the code for Climate Zone 2 and envelope requirements were adjusted in stringency for that climate zone.

     •     Chapter 9 was retained, requiring single family buildings to achieve additional savings above and beyond the requirements in Chapters 4 through 6, but the number of credits required for approval was lowered from 2 to 1.

     •     The requirement in Section 1132.3 that would lower the threshold for replacing all lighting in commercial tenant improvements from sixty percent to twenty percent was not adopted.

     •     Section 1201 was modified to eliminate the exceptions and require all buildings to have a totalizing meter for each energy source.

     •     The requirement in Section 1314.6 for mandatory vestibules was not adopted.

     •     The new exception 2 to Section 1322 allowing for a decrease in perimeter insulation was not adopted.

     •     The increase in U-factors to mass walls in Tables 13-1 and 13-2 were not adopted, and the revisions to default Table 10-5(B) 1 were not adopted.

     •     Equations 13-1 and 13-2 were modified to reflect the additional component assemblies added to Tables 13-1 and 13-2.

     •     The requirement for stepped control of egress lighting in Section 1515 was not adopted.

     •     The added Table 15-1B was not adopted; and modifications were made to Table 15-1A, which goes back to being Table 15-1. Most modifications were to levels between the existing code and the proposed code.

     •     The requirement for automatic control of walkways and escalators in Sections 1550-1552 were not adopted.

     FILING NOTE: Amendments to chapter 51-11 WAC, the Washington State Energy Code, were originally adopted by the state building code council on November 20, 2009, and filed under WSR 10-03-115 with an effective date of July 1, 2010. On June 11, 2010, the state building code council voted to file an amended rule-making order to change the effective date of the new rules to October 29, 2010, stating that 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.

     A final cost-benefit analysis is available by contacting Tim Nogler, P.O. Box 42525, Olympia, WA 98504-2525, phone (360) 725-2969, fax (360) 586-9383, e-mail sbcc@commerce.wa.gov.

     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 7, Amended 13, 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 7, Amended 13, Repealed 0.

     Date Adopted: June 11, 2010.

John C. Cochran

Council Chair

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