AN ACT Relating to energy-related building standards; amending RCW 19.27.030 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; 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, the revision to the state energy code adopted pursuant to RCW 19.27.075, and subsequent amendments adopted by the council under chapter 34.04 RCW.

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

(1) 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~~)) revised state code ((~~to the extent necessary to comply with Title 10, Code of Federal Regulations, section 420.35. Such~~)). The revised code shall be designed to achieve reductions in energy consumption relative to buildings constructed to comply with the state energy code, June 30, 1980 edition, as amended. The council shall follow the legislature's guidelines set forth in this section to design a revised code which requires new buildings to meet a certain level of energy efficiency, but allows flexibility in building design and construction within that framework. The revised 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~~)) and shall be designed according to the following guidelines:

(a) For new electrically space-heated residential buildings, the code shall be designed to achieve energy savings equivalent to savings achieved in typical buildings constructed with:

(i) Ceilings insulated to a level of R-38 (R value includes insulation only);

(ii) Walls insulated to a level of R-19 (R value includes insulation only);

(iii) Floors over unheated spaces insulated to a level of R-19 for areas with less than six thousand annual heating degree days and to a level of R-25 for areas with six thousand or more annual heating degree days (R value includes insulation only);

(iv) Double glazed windows with tested R values not less than 1.85 when tested according to the procedures of the American architectural manufacturers association; and

(v) A maximum of seventeen percent of the floor area in glazing.

(b) For new residential buildings which are space heated with other fuels, the code shall be designed to be cost-effective to consumers.

(c) For new nonresidential buildings, the code shall be designed to achieve a ten percent reduction in energy consumption relative to buildings constructed to comply with the state energy code, June 30, 1980 edition, as amended.

(2) The council shall publish the revision as proposed rules pursuant to chapter 34.04 RCW and submit copies of the proposed rules to the committees on energy and utilities of the senate and the house of representatives for review and comment no later than September 15, 1985. The council shall provide for the rules to become effective January 1, 1986. All cities, towns, and counties of the state shall adopt the revised state energy code not later than April 1, 1986.

NEW SECTION. Sec. 3. A new section is added to chapter 19.27 RCW to read as follows:

(1) The revised state energy code adopted pursuant to RCW 19.27.075 shall be in effect in all cities, towns, and counties of the state. The governing body of a city, town, or county is authorized to amend the code, as it applies to their respective jurisdictions, based on the finding that an amendment is more cost-effective to consumers.

(2) The finding by the governing body of a city, town, or county of the state pursuant to this section may be appealed to the state building code advisory council. The council shall adopt rules necessary to establish an appeals procedure in accordance with chapter 34.04 RCW.

(3) The revised state energy code shall not preempt energy codes adopted by a city, town, or county of the state prior to the effective date of this act that are designed to achieve reductions in energy consumption relative to the revised state energy code.

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

(1) The state energy office shall administer a program to test in place the thermal performance of individual conservation measures. The office shall contract with the University of Washington to conduct such testing.

(2) The testing program shall be funded by a surcharge on building permit fees imposed by all cities, towns, and counties of the state.

NEW SECTION. Sec. 5. 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. 6. 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. 7. 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. 8. 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 shall take effect immediately.