reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › EXEMPTIONS › Section 44-14-060 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The Public Records Act provides that a number of types of
				  documents are exempt from public inspection and copying. In addition, documents
				  are exempt from disclosure if any "other statute" exempts or prohibits
				  disclosure. Requestors should be aware of the following exemptions, outside the
				  Public Records Act, that restrict the availability of some documents held by
				  (name of agency) for inspection and copying:
(List other laws)
(2) The (agency) is prohibited by statute from disclosing
				  lists of individuals for commercial purposes.
Statutory Authority: 2005 c 483 § 4, RCW 42.17.348.
					 06-04-079, §
											44-14-060, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-060 › Section 44-14-06001 - Agency must publish list of applicable exemptions

Current through Register Vol. 24-14, July 15, 2024
An agency must publish and maintain a list of the "other
				  statute" exemptions from disclosure (that is, those exemptions found outside the
				  Public Records Act) that it believes potentially exempt records it holds from
				  disclosure.
				  RCW
				    42.56.070(2). The list is "for
				  informational purposes" only and an agency's failure to list an exemption "shall
				  not affect the efficacy of any exemption."RCW
				    42.56.070(2). A list of
				  possible "other statute" exemptions is posted on the attorney general's office
				  web site. See WAC
				  44-14-06002.
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-06001, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-060 › Section 44-14-06002 - Summary of exemptions

Current through Register Vol. 24-14, July 15, 2024
The act and other statutes contain hundreds of exemptions from
				  disclosure and dozens of court cases interpret them. A full treatment of all
				  exemptions is beyond the scope of the model rules.
For a discussion of several commonly used exemptions, see these
				  documents on the attorney general's office web site:
Open Government
				  Resource Manual
at
http://www.atg.wa.gov/open-government-resource-manual
(the manual contains a discussion and summaries of many exemptions, links to
				  statutes, and links to many court decisions and several attorney general
				  opinions); and, the code reviser's annual list of exemptions in the state code,
				  available at
http://www.atg.wa.gov/sunshine-committee
.
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-06002, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-070 › Section 44-14-07003 - Charges for electronic records (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: 2005 c 483 § 4, amending
					 RCW   42.56.570. 07-13-058, §
											44-14-07003,
					 filed 6/15/07, effective 7/16/07. Statutory Authority: 2005 c 483 § 4, RCW   42.17.348. 06-04-079, §
											44-14-07003, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-070 › Section 44-14-07004 - Other statutes govern copying of particular records

Current through Register Vol. 24-14, July 15, 2024
The act generally governs copying charges for public records,
				  but several specific statutes govern charges for particular kinds of records.
				  RCW
				    42.56.130. The following nonexhaustive list
				  provides some examples:
				  RCW
				    46.52.085 (charges for traffic accident
				  reports),
				  RCW   10.97.100 (copies of
				  criminal histories),
				  RCW
				    3.62.060 and
				  3.62.065 (charges for certain records of municipal courts), and
				  RCW
				    70.58.107 (charges for birth
				  certificates).
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-07004, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-070 › Section 44-14-07005 - Waiver of copying charges; other fee arrangements

Current through Register Vol. 24-14, July 15, 2024
(1) An agency may waive charges pursuant to its
				rules and regulations.
				RCW
				  42.56.120(4).
(2) An agency may enter into a contract,
				memorandum of understanding or other agreement with a requestor that provides an
				alternative fee arrangement to the charges, or in response to a voluminous or
				frequently occurring request.
				RCW
				  42.56.120(4).
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-07005, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-070 › Section 44-14-07006 - Requiring partial payment

Current through Register Vol. 24-14, July 15, 2024
(1)
Copying deposit.
An agency may charge a deposit of up to ten percent
				of the estimated copying costs of an entire request, including a customized
				service charge, before beginning to copy the records. RCW 42.56.-120(4). The
				estimate must be reasonable. An agency can require the payment of the deposit
				before copying an installment of the records or the entire request. The deposit
				applies to the records selected for copying by the requestor, not all the records
				made available for inspection. An agency is not required to charge a deposit. An
				agency might find a deposit burdensome for small requests where the deposit might
				be only a few dollars. Any unused deposit must be refunded to the requestor.
When copying is completed, the agency can require the payment
				  of the remainder of the copying charges before providing the records. For
				  example, a requestor makes a request for records that comprise one box of paper
				  documents. The requestor selects the entire box for copying. The agency estimates
				  that the box contains three thousand pages of records. The agency charges fifteen
				  cents per page so the cost would be three hundred fifty dollars. The agency
				  obtains a ten percent deposit of thirty-five dollars and then begins to copy the
				  records. The total number of pages turns out to be two thousand nine hundred so
				  the total cost is two hundred ninety dollars. The thirty-five dollar deposit is
				  credited to the two hundred ninety dollars. The agency requires payment of the
				  remaining amount before providing the records to the requestor.
(2)
Copying charges for each
				installment.
If an agency provides records in installments, the agency may
				charge and collect all applicable copying fees (not just the ten percent deposit)
				for each installment, unless the agency is assessing a two-dollar flat fee.
				RCW   42.56.120.
				The agency may agree to provide an installment without first receiving payment
				for that installment.
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-07006, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › REVIEW OF DENIALS OF PUBLIC RECORDS › Section 44-14-080 - Review of denials of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Petition for internal administrative review of denial of access.
Any
				person who objects to the initial denial or partial denial of a records request
				may petition in writing (including email) to the public records officer for a
				review of that decision. The petition shall include a copy of or reasonably
				identify the written statement by the public records officer or designee denying
				the request.
(2)
Consideration
				of petition for review.
The public records officer shall promptly provide
				the petition and any other relevant information to (public records officer's
				supervisor or other agency official designated by the agency to conduct the
				review). That person will immediately consider the petition and either affirm or
				reverse the denial within two business days following the (agency's) receipt of
				the petition, or within such other time as (name of agency) and the requestor
				mutually agree to.
(3)
(Applicable to state agencies only.) Review by the attorney general's
				office.
Pursuant to
				RCW
				  42.56.530, if the (name of state agency) denies
				a requestor access to public records because it claims the record is exempt in
				whole or in part from disclosure, the requestor may request the attorney
				general's office to review the matter. The attorney general has adopted rules on
				such requests in WAC
				44-06-160.
(4)
Judicial review.
Any person
				may obtain court review of denials of public records requests pursuant to
				RCW
				  42.56.550 at the conclusion of two business
				days after the initial denial regardless of any internal administrative
				appeal.
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-080, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-080 › Section 44-14-08001 - Agency internal procedure for review of denials of requests

Current through Register Vol. 24-14, July 15, 2024
The act requires an agency to "establish mechanisms for the
				  most prompt possible review of decisions denying" records requests.
				  RCW
				    42.56.520. An agency internal review of a
				  denial need not be elaborate. It could be reviewed by the public records
				  officer's supervisor, or other person designated by the agency. The act deems
				  agency review to be complete two business days after the initial denial, after
				  which the requestor may obtain judicial review. Large requests or requests
				  involving many redactions may take longer than two business days for the agency
				  to review. In such a case, the requestor could agree to a longer internal review
				  period.
Requestors are encouraged to use such internal review
				  procedures. The procedures give the requestor an opportunity to communicate
				  his/her issues with respect to the request, give the agency a chance to do a
				  "second look," and may result in release of additional records or other favorable
				  outcomes at no cost to the requestor.
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-08001, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-080 › Section 44-14-08002 - Attorney general's office review of denials by state agencies

Current through Register Vol. 24-14, July 15, 2024
The attorney general's office is authorized to review a state
				  agency's claim of exemption and provide a written opinion.
				  RCW
				    42.56.530. This only applies to state agencies
				  and a claim of exemption. See WAC
				  44-06-160. A
				  requestor may initiate such a review by sending a request for review to Public
				  Records Review, Office of the Attorney General, P.O. Box 40100, Olympia,
				  Washington 98504-0100 or publicrecords@atg.wa.gov.
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-08002, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-080 › Section 44-14-08003 - Alternative dispute resolution

Current through Register Vol. 24-14, July 15, 2024
Requestors and agencies are encouraged to resolve public
				  records disputes through alternative dispute resolution mechanisms such as
				  mediation and arbitration. No mechanisms for formal alternative dispute
				  resolution currently exist in the act but parties are encouraged to resolve
				  their disputes without litigation.
Statutory Authority: 2005 c 483 § 4, RCW 42.17.348.
					 06-04-079, §
											44-14-08003, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-080 › Section 44-14-08004 - Judicial review

Current through Register Vol. 24-14, July 15, 2024
A full discussion of judicial review is not provided in these
				  comments.
				  RCW
				    42.56.550 provides for judicial review,
				  including possible penalty awards, and awards of attorneys' fees and costs.
				  RCW
				    42.56.540 provides for court actions for
				  injunctions from disclosure. For a brief discussion about judicial review, see
http://www.atg.wa.gov/open-government-resource-manual
.
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-08004, filed 1/31/06, effective
					 3/3/06.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-13 - Access to public records › Section 48-13-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The state
			 auditor's office has the constitutional responsibility for auditing state
			 government and all municipal corporations in Washington state. The
			 administrative office of the state auditor's office and its staff are located
			 at 302 Sid Snyder Ave. S.E., Room 200, Olympia, WA.
(2) The purpose of these rules is to
			 establish the procedures the state auditor's office will follow in order to
			 provide full access to public records. These rules provide information to
			 persons wishing to request access to public records of the state auditor's
			 office and establish processes for both requestors and state auditor's office
			 staff that are designed to best assist members of the public in obtaining such
			 access.
Statutory Authority: RCW   42.56.070, 43.21C.120, and 43.09.281. 10-22-022, §
										48-13-010, filed 10/22/10, effective 11/22/10.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-13 - Access to public records › Section 48-13-020 - Contact information - Public records officer

Current through Register Vol. 24-14, July 15, 2024
The public records officer for the state auditor's office
				shall be responsible for responses to requests for public records. Any person
				wishing to request access to public records of the state auditor's office, or
				seeking assistance in making such a request should contact the public records
				officer of the state auditor's office:
Public Records Officer
State Auditor's Office
P.O. Box 40031
Olympia, WA 98504
fax: 360-586-3105
email: publicrecords@sao.wa.gov
Information and public records are also available at the state
				auditor's office web site at
http://www.sao.wa.gov
. Requestors are
				encouraged to view the information and records available on the web site prior
				to contacting the records officer.
Statutory Authority: RCW   42.56.070, 43.21C.120, and 43.09.281. 10-22-022, §
										48-13-020, filed 10/22/10, effective 11/22/10.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-13 - Access to public records › Section 48-13-030 - Availability of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Hours
			 for inspection of records.
Public records are available for inspection
			 and copying by appointment during normal business hours of the state auditor's
			 office, Monday through Friday, 9:00 a.m. to 4:00 p.m., excluding legal
			 holidays. Original records must be inspected at the offices of the state
			 auditor's office. A requestor shall not take state auditor's office records
			 from state auditor's offices without the permission of the public records
			 officer or designee.
(2)
Records index and records available online.
An index of public
			 records is available for use by members of the public. The index may be
			 accessed online at
http://www.sao.wa.gov
. A variety of records
			 is also available on the state auditor's office web site.
(3)
Making a request for public
			 records.
(a) Any person wishing to
			 inspect or obtain copies of public records of the state auditor's office should
			 make the request in writing by letter, fax, or email addressed to the public
			 records officer or using the office's web site form located at:
http://www.sao.wa.gov
. Records requests
			 should include the following information:
* Name of requestor;
* Address of requestor;
* Other contact information, including telephone number and
				email address;
* Identification of the public records adequate for the public
				records officer or designee to locate the records; and
* The date and time of day of the request.
(b) If the requestor wishes to retain
			 photocopies or electronic versions of nonelectronic records instead of simply
			 inspecting them, he or she should so indicate and make arrangements to pay for
			 copies of the records. A deposit may be required prior to the office's
			 collection of the records requested. Pursuant to WAC 48-13-070.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-13 - Access to public records › Section 48-13-040 - Processing of public records requests - General

Current through Register Vol. 24-14, July 15, 2024
(1)
Order of response.
The public records officer or designee will
			 process requests in the order allowing the most requests to be processed in the
			 most efficient manner.
(2)
Acknowledging receipt of request.
Within five business days of
			 receipt of the request, the public records officer will do one or more of the
			 following:
(a) Make the records available for
			 inspection or copying; or
(b) If
			 copies or scanned records are requested and terms of payment are met, send the
			 copies to the requestor;
(c)
			 Provide a reasonable estimate of when records will be available; or
(d) If the request is unclear or does not
			 sufficiently identify the requested records, request clarification from the
			 requestor. Such clarification may be requested and provided by telephone. The
			 public records officer or designee may revise the estimate of when records will
			 be available; or
(e) Deny the
			 request.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-13 - Access to public records › Section 48-13-050 - Processing of public records requests - Electronic records

Current through Register Vol. 24-14, July 15, 2024
(1)
Requesting electronic records.
The process for requesting electronic public records is the same as for requesting paper public records.
(2)
Providing electronic records.
When a requestor requests records in an electronic format, the public records officer will provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the agency and is generally commercially available, or in a format that is reasonably translatable from the format in which the agency keeps the record.
Statutory Authority: RCW 42.56.070, 43.21C.120, and 43.09.281. 10-22-022, §
										48-13-050, filed 10/22/10, effective 11/22/10.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-13 - Access to public records › Section 48-13-060 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The Public Records Act provides that a
			 number of types of records are exempt from public inspection and copying. In
			 addition, records are exempt from disclosure if any "other statute" exempts or
			 prohibits disclosure. Requestors should be aware of the following exemptions,
			 outside the Public Records Act, that restrict the availability of some records
			 held by state auditor's office for inspection and copying:
RCW    42.40.030, state employee whistle blower protection.
RCW    42.41.030, local government whistle blower
				protection.
RCW    43.09.186, toll-free efficiency hotline.
(2) The state auditor's office is prohibited
			 by statute from disclosing lists of individuals for commercial
			 purposes.
Statutory Authority: RCW   42.56.070, 43.21C.120, and 43.09.281. 10-22-022, §
										48-13-060, filed 10/22/10, effective 11/22/10.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-13 - Access to public records › Section 48-13-070 - Costs of providing copies of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Copying fees - Payments.
The
			 following copy fees and payment procedures apply to requests to the office
			 under chapter 42.56 RCW and received on or after July 23, 2017.
(2) Pursuant to RCW    42.56.120(2)(b), the
			 office is not calculating all actual costs for copying records because to do so
			 would be unduly burdensome for the following reasons:
(a) The office does not have the resources to
			 conduct a study to determine all its actual copying costs;
(b) To conduct such a study would interfere
			 with other essential agency functions; and
(c) Through the 2017 legislative process, the
			 public and requestors have commented on and been informed of authorized fees
			 and costs, including for electronic records, provided in RCW    42.56.120(2)(b)
			 and (c), (3) and (4).
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-13 - Access to public records › Section 48-13-080 - Review of denials of public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Petition for internal administrative review of denial of access.
Any person who objects to the initial denial or partial denial of a records request may petition in writing (including e-mail) to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.
(2)
Consideration of petition for review.
The public records officer shall promptly provide the petition and any other relevant information to the director of legal affairs. The petition will be affirmed or reversed within five business days following the state auditor's office receipt of the petition, or within such other time as the state auditor's office and the requestor mutually agree.
(3)
Review by the attorney general's office.
Pursuant to RCW   42.56.530, if the state auditor's office denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.
(4)
Judicial review.
Any person may obtain court review of denials of public records requests pursuant to RCW   42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.
Statutory Authority: RCW 42.56.070, 43.21C.120, and 43.09.281. 10-22-022, §
										48-13-080, filed 10/22/10, effective 11/22/10.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-16 - State Environmental Policy Act guidelines › Section 48-16-010 - Agency activities exempt

Current through Register Vol. 24-14, July 15, 2024
The state auditor's office has reviewed its authorized activities and found them all to be exempt pursuant to Title 197 WAC. This section is adopted for compliance with the State Environmental Policy Act, chapter 43.21C RCW.
Statutory Authority: RCW 42.56.070, 43.21C.120, and 43.09.281. 10-22-022, §
										48-16-010, filed 10/22/10, effective 11/22/10; Order 76-3, §
										48-16-010, filed 10/1/76.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-21 - Local audit costs appeal › Section 48-21-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
"Local government" includes any municipal corporation, taxing district, or other governmental unit subject to audit by the state auditor's office, acting through its legally constituted legislative body or its designee.
"Local government association" means any generally recognized association or organization whose membership consists exclusively or principally of local government units or their officers.
"Officers of a local government association" includes any person serving as an elected officer of a local government association or any person employed by a local government association as its executive director or any person with duties equivalent to those of an executive director.
"Writing" means handwriting, typewriting, printing, and every other means of commonly understood written recording, including letters, facsimiles or electronic mail.
Statutory Authority: RCW 42.56.070, 43.21C.120, and 43.09.281. 10-22-022, §
										48-21-010, filed 10/22/10, effective 11/22/10.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-21 - Local audit costs appeal › Section 48-21-020 - Notification to director of audit

Current through Register Vol. 24-14, July 15, 2024
A local government which disagrees with a bill for services issued to it shall notify the director of audit in writing within fourteen days after receipt of the bill. The writing shall include the local government's reasons for challenging the bill and any other information the local government deems pertinent.
Statutory Authority: RCW 42.56.070, 43.21C.120, and 43.09.281. 10-22-022, §
										48-21-020, filed 10/22/10, effective 11/22/10.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-21 - Local audit costs appeal › Section 48-21-030 - Response of director of audit

Current through Register Vol. 24-14, July 15, 2024
The director of audit shall review any bill challenged by a local government, together with the reasons for the challenge. Within ten days of receipt of notification from the local government, the director of audit shall respond in writing to the local government, either reaffirming the bill or modifying it, and stating the reasons for his action.
Statutory Authority: RCW 42.56.070, 43.21C.120, and 43.09.281. 10-22-022, §
										48-21-030, filed 10/22/10, effective 11/22/10.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-21 - Local audit costs appeal › Section 48-21-040 - Appeal to internal appeals board

Current through Register Vol. 24-14, July 15, 2024
Within ten days after receiving the director of audit's written response, the local government may appeal the matter to the internal appeals board by writing directed to the director of audit. The internal appeals board shall consist of the chief of staff and two deputy state auditors designated by the state auditor, neither of whom shall have direct responsibility for the conduct of audits. The internal appeals board shall review the matter and may reaffirm or modify the disputed bill. Within ten days of the appeal, the internal appeals board shall issue written findings and mail them to the local government.
Statutory Authority: RCW 42.56.070, 43.21C.120, and 43.09.281. 10-22-022, §
										48-21-040, filed 10/22/10, effective 11/22/10.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-21 - Local audit costs appeal › Section 48-21-050 - Appeal to external appeals board

Current through Register Vol. 24-14, July 15, 2024
Within ten days of receipt of the written findings of the internal appeals board, a local government not satisfied with the findings may appeal to an external appeals board by addressing a written notice to the director of audit. The written notice shall specify the grounds for appeal and shall designate the person selected by the local government to serve on the external appeals board.
Statutory Authority: RCW 42.56.070, 43.21C.120, and 43.09.281. 10-22-022, §
										48-21-050, filed 10/22/10, effective 11/22/10.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-21 - Local audit costs appeal › Section 48-21-060 - External appeals board - Membership

Current through Register Vol. 24-14, July 15, 2024
The external appeals board shall consist of three officers of local government associations, one selected by the local government at the time of its appeal, one selected by the director of audit after receipt of the notice of appeal, and the third to be selected by the other two members.
Statutory Authority: RCW 42.56.070, 43.21C.120, and 43.09.281. 10-22-022, §
										48-21-060, filed 10/22/10, effective 11/22/10.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-21 - Local audit costs appeal › Section 48-21-070 - External appeals board review

Current through Register Vol. 24-14, July 15, 2024
The external appeals board shall review the challenged bill, together with any other pertinent material furnished by the local government and the state auditor's office. Within ten days after its selection, the external appeals board shall submit written findings and recommendations to the state auditor and to the local government.
Statutory Authority: RCW 42.56.070, 43.21C.120, and 43.09.281. 10-22-022, §
										48-21-070, filed 10/22/10, effective 11/22/10.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-21 - Local audit costs appeal › Section 48-21-080 - Review and final decision by state auditor

Current through Register Vol. 24-14, July 15, 2024
Within ten days after receipt of the findings and recommendation of the external appeals board, the state auditor shall issue a final written decision accepting, rejecting, or modifying the recommendation of the appeals board. The final decision shall be delivered to the local government, which shall promptly pay any charges rendered in the final decision.
Statutory Authority: RCW 42.56.070, 43.21C.120, and 43.09.281. 10-22-022, §
										48-21-080, filed 10/22/10, effective 11/22/10.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-21 - Local audit costs appeal › Section 48-21-090 - Failure to follow procedure - Waiver

Current through Register Vol. 24-14, July 15, 2024
Any local government which fails to follow the appeal procedures outlined in this chapter will be deemed to have waived its appeal, and shall promptly pay any bill submitted by the state auditor.
Statutory Authority: RCW 42.56.070, 43.21C.120, and 43.09.281. 10-22-022, §
										48-21-090, filed 10/22/10, effective 11/22/10.
Washington Administrative Code › Title 48 - Auditor, Office of State › Chapter 48-21 - Local audit costs appeal › Section 48-21-100 - Appeal board administrative costs

Current through Register Vol. 24-14, July 15, 2024
The office of the state auditor will provide facilities, clerical staff, and necessary expenses for appeals boards selected pursuant to this chapter.
Statutory Authority: RCW 42.56.070, 43.21C.120, and 43.09.281. 10-22-022, §
										48-21-100, filed 10/22/10, effective 11/22/10.
Washington Administrative Code › Title 51 - Enterprise Services, Department of (Building Code Council) › Chapter 51-04 - Policies and procedures for consideration of statewide and local amendments to the State Building Code › Section 51-04-010 - Declaration of purpose

Current through Register Vol. 24-14, July 15, 2024
The Washington state building code council, hereinafter called
				the council, is required by chapter 266, Laws of 1988, to adopt and maintain
				the state building code, hereinafter referred to as the building code, as
				provided in chapters 19.27, 19.27A, and 70.92 RCW, and the state
				legislature.
(1) The primary objective
			 of the council is to encourage consistency in the building code throughout the
			 state of Washington and to maintain the building code consistent with the
			 state's interest as provided in
			 RCW
			   19.27.020. An objective of statewide adoption
			 is to minimize state amendments to the model codes.
The building code shall be as defined in WAC
				51-04-015(8).
(2) The council is also required by
			 RCW
			   19.27.074 to approve or deny all city and
			 county amendments to the building code that apply to single family or
			 multifamily buildings as defined in
			 RCW
			   19.27.015.
(3) The council may issue opinions relating
			 to the codes at the request of a local official charged with the duty to
			 enforce the enumerated codes as specified in
			 RCW
			   19.27.031 and
			 19.27A.015.
(4) The purpose of this chapter is to
			 establish policies and procedures for:
(a)
			 Submittal and council review and consideration of proposed statewide amendments
			 to the building code;
(b) Submittal
			 and council review and consideration of proposed city and county amendments to
			 the building code that apply to single family or multifamily buildings as
			 defined in
			 RCW
			   19.27.074;
(c) Reconsideration of council actions;
			 and
(d) Issuing opinions to local
			 officials.
Washington Administrative Code › Title 51 - Enterprise Services, Department of (Building Code Council) › Chapter 51-04 - Policies and procedures for consideration of statewide and local amendments to the State Building Code › Section 51-04-018 - Petition for preliminary review

Current through Register Vol. 24-14, July 15, 2024
An agency, city or county, wishing to submit local government
				residential amendments to the building code for council consideration, may file
				with the council a petition for preliminary review of the local government
				residential amendment, in order to solicit comments from council members and
				interested parties, prior to council action.
The council may refer a petition for preliminary review to one
				of the council standing committees for review and comment.
Statutory Authority:
				  RCW
				    19.27.035 and
				  chapter
				  34.05 RCW. 94-05-058,
				  § 51-04-018, filed 2/10/94, effective 3/13/94. Statutory Authority:
				  Chapters
				  19.27 and
				  34.05 RCW and 1989 c 348.
				  90-02-108, § 51-04-018, filed 1/3/90, effective
				  2/3/90.
Washington Administrative Code › Title 51 - Enterprise Services, Department of (Building Code Council) › Chapter 51-04 - Policies and procedures for consideration of statewide and local amendments to the State Building Code › Section 51-04-020 - Rules for the consideration of proposed statewide amendments

Current through Register Vol. 24-14, July 15, 2024
(1) All petitions for
			 statewide amendments to the building code must be compliant with the
			 requirements set forth in WAC
			 51-04-025.
(2) The council will accept and consider
			 compliant petitions for emergency statewide amendments to the building code at
			 any time, in accordance with
			 RCW
			   19.27.074 and chapter 34.05 RCW.
(3) The council will accept and consider
			 compliant petitions for statewide amendments that are submitted within the time
			 periods the council posts for petitions relating to Group 1 and Group 2
			 amendments to be made in conjunction with the state building code update cycle.
(a) For the purpose of review and adoption of
			 new model code editions and statewide amendment submission, the state building
			 code shall be divided into two groups as follows, unless otherwise directed by
			 the council:
(i) Group 1: International
			 Building Code (IBC); International Existing Building Code (IEBC); International
			 Fire Code (IFC) Washington state energy code-commercial (WSEC-C) and Wildland
			 Urban Interface Code (WUI).
(ii)
			 Group 2: International Residential Code (IRC); International Mechanical Code
			 (IMC); International Fuel Gas Code (IFGC); standards liquefied petroleum gas
			 are National Fire Protection Association (NFPA) standards 58 and 54; Uniform
			 Plumbing Code (UPC); Washington state energy code-residential
			 (WSEC-R).
Washington Administrative Code › Title 51 - Enterprise Services, Department of (Building Code Council) › Chapter 51-04 - Policies and procedures for consideration of statewide and local amendments to the State Building Code › Section 51-04-025 - Procedure for submittal of proposed statewide amendments

Current through Register Vol. 24-14, July 15, 2024
(1) Statewide and emergency statewide
			 amendments to the state building code shall conform to the purposes,
			 objectives, and standards prescribed in
			 RCW
			   19.27.020.
Applications for proposed statewide amendments shall be
				complete, include a detailed economic analysis of impacts of the proposed
				statewide amendment and be submitted in writing to the council, on the form
				provided by the council. The amendment must address existing model code
				language; a change in the model codes since a previous edition; or an existing
				state or local amendment to the model code; or a portion of the state code
				other than the model code. The state building code council shall consider the
				action of the model code organizations in their consideration of these
				proposals.
Statewide and emergency statewide amendments to the state
				building code shall be based on one of the following criteria:
(a) The amendment is needed to address a
			 critical life/safety need.
(b) The
			 amendment clarifies the intent or application of the code.
(c) The amendment is necessary for
			 consistency with state or federal laws and regulations.
(d) The amendment corrects errors and
			 omissions.
(e) The amendment
			 eliminates an obsolete, conflicting, duplicating or unnecessary
			 regulation.
Washington Administrative Code › Title 51 - Enterprise Services, Department of (Building Code Council) › Chapter 51-04 - Policies and procedures for consideration of statewide and local amendments to the State Building Code › Section 51-04-030 - Policies for consideration of proposed local government residential amendments

Current through Register Vol. 24-14, July 15, 2024
(1) All
			 amendments to the building code, as adopted by cities and counties for
			 implementation and enforcement in their respective jurisdictions, that apply to
			 single and multifamily buildings as defined by
			 RCW
			   19.27.015, shall be submitted to the council
			 for approval.
(2) The council shall
			 consider and approve or deny all proposed local government residential
			 amendments to the state building code as presented to the council within ninety
			 calendar days of receipt of a proposal, unless alternative scheduling is agreed
			 to by the council and the proposing entity. Where a proposed local government
			 residential amendment is modified upon adoption by the city or county
			 legislative body, it shall be resubmitted to the council. Local government
			 residential amendments shall not be effective until approved by the council and
			 the local governing authority.
(3)
			 All local government residential amendments to the building code that require
			 council approval shall be submitted in writing to the council, by the
			 authorized local code or elected official, prior to implementation and
			 enforcement of the amendment by the local jurisdiction. All local amendments
			 submitted for review shall be accompanied by findings of fact justifying the
			 adoption of the local amendment in accordance with the five criteria noted
			 below in this section.
(4) It is
			 the policy of the council to encourage joint proposals for local government
			 residential amendments from more than one jurisdiction. Local government
			 residential amendments submitted to the council for approval shall be based on:
(a) Climatic conditions that are unique to
			 the jurisdiction.
(b) Geologic or
			 seismic conditions that are unique to the jurisdiction.
(c) Environmental impacts such as noise,
			 dust, etc., that are unique to the jurisdiction.
(d) Life, health, or safety conditions that
			 are unique to the local jurisdiction.
(e) Other special conditions that are unique
			 to the jurisdiction.
EXCEPTION: Local government residential amendments to
				administrative provisions (departmental operational procedures) contained
				within the state building code need not be submitted to the council for review
				and approval provided that such amendments do not alter the construction
				requirements of those chapters.
Washington Administrative Code › Title 51 - Enterprise Services, Department of (Building Code Council) › Chapter 51-04 - Policies and procedures for consideration of statewide and local amendments to the State Building Code › Section 51-04-035 - Procedure for submittal of proposed local government residential amendments

Current through Register Vol. 24-14, July 15, 2024
All proposed local government residential amendments to the
				state building code shall be submitted in writing to the council, on a form
				provided by the council, along with findings of fact as required in WAC
				51-04-030 for the proposed
				amendment. Local government residential amendments to administrative provisions
				(departmental operational procedures) contained within the state building code
				need not be submitted to the council for review and approval provided that such
				amendment does not affect the construction requirements of those
				chapters.
The council shall accept and consider all applications for
				review of local government residential amendments submitted to the council in a
				proper manner.
The council may refer a proposed local government residential
				amendment to one of the council standing committees for review and comment
				prior to council action in accordance with
				RCW
				  19.27.074.
Statutory Authority:
				  RCW
				  19.27.190,
				  19.27.020, and
				  chapters
				  19.27 and
				  34.05 RCW. 05-23-104, §
				  51-04-035, filed 11/17/05, effective 1/1/06. Statutory Authority:
				  Chapters
				  19.27 and
				  34.05 RCW and 1989 c 348.
				  90-02-108, § 51-04-035, filed 1/3/90, effective
				  2/3/90.
Washington Administrative Code › Title 51 - Enterprise Services, Department of (Building Code Council) › Chapter 51-04 - Policies and procedures for consideration of statewide and local amendments to the State Building Code › Section 51-04-037 - Preapproved local government residential amendments

Current through Register Vol. 24-14, July 15, 2024
Any local government residential amendment, that the council
				determines to be appropriate for adoption by other local governments, may be
				designated as a preapproved local government residential amendment.
A preapproved local government residential amendment may be
				adopted by any local government upon notification of the
				council.
Statutory Authority:
				  Chapters
				  19.27 and
				  34.05 RCW and 1989 c 348.
				  90-02-108, § 51-04-037, filed 1/3/90, effective
				  2/3/90.
Washington Administrative Code › Title 51 - Enterprise Services, Department of (Building Code Council) › Chapter 51-04 - Policies and procedures for consideration of statewide and local amendments to the State Building Code › Section 51-04-040 - Reconsideration

Current through Register Vol. 24-14, July 15, 2024
(1) When the council
			 approves, denies or modifies a local amendment to the building code, any party
			 with written or oral testimony to the council related to the amendment on the
			 record may file a petition for reconsideration. The petition must be received
			 by the Washington State Building Code Council, 1500 Jefferson Avenue S.E., P.O.
			 Box 41449, Olympia, Washington 98504-1449, within twenty calendar days of the
			 council action on the amendment. The petition must give specific reasons for
			 why the council should reconsider the amendment for approval or denial.
(2) Within sixty calendar days of
			 receipt of a timely petition for reconsideration, the council shall in writing:
(a) Grant the petition for
			 reconsideration;
(b) Deny the
			 petition for reconsideration, giving reasons for the denial; or
(c) Request additional information and extend
			 the time period for not more than thirty calendar days to either grant or deny
			 the petition for reconsideration.
Washington Administrative Code › Title 51 - Enterprise Services, Department of (Building Code Council) › Chapter 51-04 - Policies and procedures for consideration of statewide and local amendments to the State Building Code › Section 51-04-050 - Ex parte communications

Current through Register Vol. 24-14, July 15, 2024
All written communications related to council business received
				by council members shall be forwarded to staff for inclusion in the public
				record.
Statutory Authority:
				  Chapters
				  19.27 and
				  34.05 RCW and 1989 c 348.
				  90-02-108, § 51-04-050, filed 1/3/90, effective
				  2/3/90.
Washington Administrative Code › Title 51 - Enterprise Services, Department of (Building Code Council) › Chapter 51-04 - Policies and procedures for consideration of statewide and local amendments to the State Building Code › Section 51-04-060 - Opinions

Current through Register Vol. 24-14, July 15, 2024
RCW
				  19.27.031 grants the council authority to
				render opinions relating to the building code at the request of a local code
				official.
For the purposes of this section, the term "code official"
				means the local or state official, or their designee, responsible for
				implementation and enforcement of the specific code provision on which the
				opinion is requested.
At the request of a code official, the council will issue
				opinions relating to the codes adopted under chapters 19.27, 19.27A, and 70.92
				RCW, and council amendments to the model codes. At the request of a local code
				official, the council may issue opinions on the applicability of WAC
				51-04-030
				to a local government ordinance regulating construction.
Council related opinions may be developed and approved by a
				standing committee of the council.
Opinions approved by a standing committee may be reviewed and
				modified by the council.
Statutory Authority:
				  RCW
				    19.27.035,
				  19.27.074 and
				  chapters
				  19.27 and
				  34.05 RCW. 07-15-043, §
				  51-04-060, filed 7/13/07, effective 8/13/07. Statutory Authority:
				  RCW
				    19.27.031 and
				  19.27.074. 04-01-107, §
				  51-04-060, filed 12/17/03, effective 7/1/04. Statutory Authority:
				  RCW
				    19.27.035 and
				  19.27.074. 98-24-077, §
				  51-04-060, filed 12/1/98, effective 7/1/99. Statutory Authority:
				  RCW
				    19.27.035 and
				  chapter
				  34.05 RCW. 94-05-058,
				  § 51-04-060, filed 2/10/94, effective 3/13/94. Statutory Authority:
				  Chapters
				  19.27 and
				  34.05 RCW and 1989 c 348.
				  90-02-108, § 51-04-060, filed 1/3/90, effective
				  2/3/90.
Washington Administrative Code › Title 51 - Enterprise Services, Department of (Building Code Council) › Chapter 51-04 - Policies and procedures for consideration of statewide and local amendments to the State Building Code › Section 51-04-070 - Council mailing address

Current through Register Vol. 24-14, July 15, 2024
All requests for information, documentation, etc., should be
				submitted to:
Washington State Building Code Council
1500 Jefferson Avenue S.E.
P.O. Box 41449
Olympia, Washington 98504-1449
Phone: 360-407-9255
www.sbcc.wa.gov
Statutory Authority:
				  RCW
				    19.27.190,
				  19.27.020, and
				  chapters
				  19.27 and
				  34.05 RCW. 05-23-104, §
				  51-04-070, filed 11/17/05, effective 1/1/06. Statutory Authority:
				  RCW
				    19.27.074. 98-02-048, § 51-04-070, filed
				  1/5/98, effective 7/1/98. Statutory Authority:
				  Chapters
				  19.27 and
				  34.05 RCW and 1989 c 348.
				  90-02-108, § 51-04-070, filed 1/3/90, effective
				  2/3/90.