AN ACT Relating to energy-related building standards; amending RCW 19.27.030, 19.27.070, and 19.27.075; adding new sections to chapter 19.27 RCW; repealing RCW 19.27.200, 19.27.210, 19.27.220, 19.27.230, 19.27.240, 19.27.250, 19.27.260, 19.27.270, 19.27.280, 19.27.290, 19.27.300, 19.27.310, and 19.27.905; providing effective dates; and declaring an emergency.

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

Sec. 1. Section 3, chapter 96, Laws of 1974 ex. sess. as last amended by section 1, chapter 101, Laws of 1984 and RCW 19.27.030 are each amended to read as follows:

There shall be in effect in all cities, towns, and counties of the state a state building code which shall consist of the following codes which are hereby adopted by reference:

(1) Uniform Building Code and Uniform Building Code Standards, 1982 edition, published by the International Conference of Building Officials;

(2) Uniform Mechanical Code, 1982 edition, including Chapter 22, Fuel Gas Piping, Appendix B, published by the International Conference of Building Officials;

(3) The Uniform Fire Code and Uniform Fire Code Standards, 1982 edition, published by the International Conference of Building Officials and the Western Fire Chiefs Association: PROVIDED, That, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying hand-held candles;

(4) The Uniform Plumbing Code and Uniform Plumbing Code Standards, 1982 edition, published by the International Association of Plumbing and Mechanical Officials: PROVIDED, That chapters 11 and 12 of such code are not adopted;

(5) The rules and regulations adopted by the council establishing standards for making buildings and facilities accessible to and usable by the physically handicapped or elderly persons as provided for in RCW 70.92.100 through 70.92.160; and

(6) ((The thermal performance and design standards for dwellings as set forth in RCW 19.27.210 through 19.27.290. This subsection shall be of no further force and effect when RCW 19.27.200 through 19.27.290 expire as provided in RCW 19.27.300)) The Washington state energy code, June 30, 1980, edition adopted by the state building code advisory council and amendments to the code, and subsequent updates adopted by the council under chapter 34.04 RCW, unless a city, town, or county receives an exemption from updates adopted by the council under chapter 34.04 RCW pursuant to section 4 of this 1985 act.

In case of conflict among the codes enumerated in subsections (1), (2), (3), and (4) of this section, the first named code shall govern over those following.

Sec. 2. Section 7, chapter 96, Laws of 1974 ex. sess. as last amended by section 55, chapter 287, Laws of 1984 and RCW 19.27.070 are each amended to read as follows:

There is hereby established a state building code advisory council to be appointed by the governor.

(1) The state building code advisory council shall consist of the director of the department of labor and industries, or his designee, and the insurance commissioner, or his designee, and thirteen additional members who shall be broadly representative of the general public, local government, and of the industries and professions concerned with building design and construction. The council shall include as nonvoting members two members of the senate, one from each of the two largest caucuses, appointed by the president of the senate and two members of the house of representatives, one from each of the two largest caucuses, appointed by the speaker of the house of representatives. The council may include state officials as ex officio, nonvoting members. The board shall report annually to the governor and the legislature on the operation and administration of this chapter.

(2) Members shall be compensated in accordance with RCW 43.03.240 and shall receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed pursuant to RCW 44.04.120.

Sec. 3. Section 3, chapter 76, Laws of 1979 ex. sess. and RCW 19.27.075 are each amended to read as follows:

((The state building code advisory council shall have authority to promulgate rules, pursuant to chapter 34.04 RCW, for the purpose of adopting a state-wide thermal efficiency and lighting code to the extent necessary to comply with Title 10, Code of Federal Regulations, section 420.35. Such code shall take into account regional climatic conditions; shall take effect prior to June 30, 1980; and shall be presented to the senate and house committees on energy and utilities at the time it is proposed as a draft rule.)) (1) The state building code advisory council shall promulgate rules pursuant to chapter 34.04 RCW and subsections (2) and (3) of this section adopting an update to the state energy code, June 30, 1980, edition. The update shall, to the extent possible, incorporate the model conservation standards for lighting and new electrically space-conditioned buildings adopted by the pacific northwest electric power and conservation planning council pursuant to public law 96-501 for all new space-conditioned buildings in the state.

(2) The council, in adopting the update, shall:

(a) Consider variations in climatic conditions within the state; (b) consider the cost-effectiveness of the standards relative to new energy resources for which Washington consumers would otherwise have to pay; (c) consider the possible impact of the standards on the health and safety of building occupants; (d) consider information regarding the cost and thermal performance of building energy efficiency measures developed from the Bonneville power administration's residential standards demonstration program and other relevant sources; and (e) report its progress and findings to the committees on energy and utilities of the senate and the house of representatives on a bimonthly basis until the update is adopted.

(3) The council shall publish the update as draft rules pursuant to chapter 34.04 RCW and submit copies of the draft rules to the committees on energy and utilities of the senate and the house of representatives for review and comment no later than September 30, 1985. The council shall provide for the rules to become effective January 1, 1986.

(4) The council, as necessary, shall propose and adopt amendments under chapter 34.04 RCW to the update.

NEW SECTION. Sec. 4. A new section is added to chapter 19.27 RCW to read as follows:

(1) Any city, town, or county may petition the council for an exemption from the application of any update to the Washington state energy code, June 30, 1980, edition and amendments to the code adopted by the state building code advisory council.

(2) The petition shall be filed as an amendment to a rule as provided in chapter 34.04 RCW. The petition shall state the reasons why any update to the code adopted pursuant to RCW 19.27.030(6) is not economically feasible for the consumer within the petitioners' service area, and set forth the relief requested.

(3) The council shall issue findings on the petition in accordance with the procedures of chapter 34.04 RCW for an amendment of a rule. The council may grant or deny the relief requested in whole or in part, or may condition an exemption using such factors as cost of energy in the petitioners' service area, the adoption by the petitioner of a functional equivalent to the update, or any other factor which the council deems appropriate.

(4) The council may utilize an administrative law judge under chapter 34.12 RCW to take evidence, and to issue proposed findings and decision on the petition. If a majority of the voting members of the council do not object to the proposed finding and decision within ten days from the date the proposed finding and decision is issued, the finding and decision shall become final.

NEW SECTION. Sec. 5. A new section is added to chapter 19.27 RCW to read as follows:

The state energy office shall provide the state building code advisory council, or its successor, with such technical and other staff support as is necessary for the development and adoption of the revision to the state energy code.

NEW SECTION. Sec. 6. A new section is added to chapter 19.27 RCW to read as follows:

As used in this chapter, references to the state building code advisory council shall be construed to include any successor agency.

NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 14, Laws of 1977 ex. sess. and RCW 19.27.200;

(2) Section 2, chapter 14, Laws of 1977 ex. sess. and RCW 19.27.210;

(3) Section 3, chapter 14, Laws of 1977 ex. sess. and RCW 19.27.220;

(4) Section 4, chapter 14, Laws of 1977 ex. sess. and RCW 19.27.230;

(5) Section 5, chapter 14, Laws of 1977 ex. sess. and RCW 19.27.240;

(6) Section 6, chapter 14, Laws of 1977 ex. sess. and RCW 19.27.250;

(7) Section 7, chapter 14, Laws of 1977 ex. sess. and RCW 19.27.260;

(8) Section 8, chapter 14, Laws of 1977 ex. sess. and RCW 19.27.270;

(9) Section 9, chapter 14, Laws of 1977 ex. sess. and RCW 19.27.280;

(10) Section 10, chapter 14, Laws of 1977 ex. sess. and RCW 19.27.290;

(11) Section 14, chapter 14, Laws of 1977 ex. sess. and RCW 19.27.300;

(12) Section 16, chapter 14, Laws of 1977 ex. sess. and RCW 19.27.310; and

(13) Section 17, chapter 14, Laws of 1977 ex. sess. and RCW 19.27.905.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and sections 1 and 3 through 8 of this act shall take effect immediately and section 2 of this act shall take effect July 1, 1985.