WSR 17-13-054

EXPEDITED RULES

BUILDING CODE COUNCIL

[Filed June 15, 2017, 9:57 a.m.]

Title of Rule and Other Identifying Information: Clarifying changes to chapter 51-11C WAC, the 2015 Washington State Energy Code—Commercial provisions.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Steve Simpson, Chair, State Building Code Council, P.O. Box 41449, Olympia, WA 98504-1449, AND RECEIVED BY August 21, 2017.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Clarifies the intent of the 2015 International Mechanical Code. With the 2015 edition, the previous LC occupancy classification was moved from the Group R category into the Group I-1, Condition 2 category. The intent is that these occupancies still be treated as residential occupancies within the requirements of the mechanical code and the energy code, but it was never specified within the scope of the rules. This rule clarifies and codifies that intent.

Reasons Supporting Proposal: Many questions have arisen regarding the requirements for Group I-1, Condition 2 facilities. This rule seeks to make the intent of the code clear and to assure appropriate systems are allowed to be installed in these facilities.

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

Statute Being Implemented: Chapters 19.27, 19.27A, and 34.05 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: State building code council, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Krista Braaksma, P.O. Box 41449, Olympia, WA 98504-1449, (360) 407-9278; and Enforcement: Local jurisdictions.

June 9, 2017

Steve K. Simpson

Council Chair

AMENDATORY SECTION (Amending WSR 16-03-072, filed 1/19/16, effective 7/1/16)

WAC 51-11C-10100 Section C101—Scope and general requirements.

C101.1 Title. This code shall be known as the Washington State Energy Code, and shall be cited as such. It is referred to herein as "this code."

C101.2 Scope. This code applies to commercial buildings and the buildings sites and associated systems and equipment. References in this code to Group R shall include Group I-1, Condition 2 assisted living facilities licensed by Washington state under chapter 388-78A WAC and Group I-1, Condition 2 residential treatment facilities licensed by Washington state under chapter 246-337 WAC.

EXCEPTION:

The provisions of this code do not apply to temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits. A temporary growing structure is not considered a building for the purposes of this code. However, the installation of other than listed, portable mechanical equipment or listed, portable lighting fixtures is not allowed.

C101.3 Intent. This code shall regulate the design and construction of buildings for the use and conservation of energy over the life of each building. This code is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve this objective. This code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances.