S-0809.1/91       _______________________________________________

 

                                 SENATE BILL 5322

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Senators Conner, Rasmussen, Snyder, Pelz and McCaslin.

 

Read first time January 28, 1991.  Referred to Committee on Commerce & Labor.

Permitting emergency exemptions from building codes.


     AN ACT Relating to emergency exemptions from building codes and construction standards for housing for indigent persons; adding new sections to chapter 19.27 RCW; adding new sections to chapter 43.22 RCW; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     NEW SECTION.  Sec. 1.  A new section is added to chapter 19.27 RCW to read as follows:

     Whenever the county executive or chairman of the county legislative authority declares that an emergency exists with respect to housing availability for indigent persons within any portion of that county, the county executive or chairman of the county legislative authority may seek an exemption from the requirements of the state building code by requesting an exemption from the director of community development.

 

     NEW SECTION.  Sec. 2.  A new section is added to chapter 19.27 RCW to read as follows:

     (1) Whenever a request for an exemption is made to the director of community development under section 1 of this act, the director shall authorize the requested exemption when all of the following conditions are met:

     (a) The exemption is limited to existing housing stock located in this state;

     (b) The code deficiencies to be exempted pose no threat to human safety;

     (c) The housing exempted under this section is owned or administered by a public agency or nonprofit corporation;

     (d) When the public agency or nonprofit corporation purchases exempted housing, the purchase price of the exempted housing must be no greater than market price less the cost of meeting all building code requirements;

     (e) The exemption is authorized for no more than five years on any building;

     (f) The use of the exempted housing must include a guarantee that a prospective tenant will be informed in writing of the code deficiencies and must require a signed acknowledgement from the tenant of receipt of that information.

     (2) No building exempted under this section may be sold by the public agency or nonprofit corporation to private parties as housing until it is brought into compliance with all existing building codes at the time of sale.

 

     NEW SECTION.  Sec. 3.  A new section is added to chapter 43.22 RCW to read as follows:

     Whenever the county executive or chairman of the county legislative authority declares that an emergency exists with respect to housing availability for indigent persons within any portion of that county, the county executive or chairman of the county legislative authority may seek an exemption from the requirements of the factory-built housing construction standards by requesting an exemption from the director of labor and industries.

 

     NEW SECTION.  Sec. 4.  A new section is added to chapter 43.22 RCW to read as follows:

     (1) Whenever a request for an exemption is made to the director of labor and industries under section 3 of this act, the director shall authorize the requested exemption when all of the following conditions are met:

     (a) The exemption is limited to existing housing stock;

     (b) The standards deficiencies to be exempted pose no threat to human safety;

     (c) The housing exempted under this section is owned or administered by a public agency or nonprofit corporation;

     (d) When the public agency or nonprofit corporation purchases exempted housing, the purchase price of the exempted housing must be no greater than market price less the cost of meeting all factory-built housing construction standards;

     (e) The exemption is authorized for no more than five years on any building;

     (f) The use of the exempted housing must include a guarantee that a prospective tenant will be informed in writing of the deficiencies and must require a signed acknowledgement from the tenant of receipt of that information.

     (2) No building exempted under this section may be sold by the public agency or nonprofit corporation to private parties as housing until it is brought into compliance with all existing factory-built housing construction standards at the time of sale.

 

     NEW SECTION.  Sec. 5.      This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.