SENATE BILL REPORT

SHB 2775

As Reported by Senate Committee On:

Government Operations & Elections, February 25, 2010

Title: An act relating to membership on the state building code council.

Brief Description: Regarding membership on the state building code council.

Sponsors: House Committee on Local Government & Housing (originally sponsored by Representatives Dammeier, Hasegawa, Hunt, Armstrong, Short, Kristiansen, Springer, Kelley, Morrell, Pearson, Chase and Kretz).

Brief History: Passed House: 2/10/10, 97-0.

Committee Activity: Government Operations & Elections: 2/23/10, 2/25/10 [DPA].

Majority Report: Do pass as amended.

Signed by Senators Fairley, Chair; Oemig, Vice Chair; Roach, Ranking Minority Member; McDermott, Pridemore and Swecker.

Staff: Sharon Swanson (786-7447)

Background: The State Building Code Council (Council) is responsible for the adoption and maintenance of the various building, residential, fire, and other model codes that comprise the State Building Code.

The Council is comprised of 15 members, who are appointed by the Governor. At least six of the 15 Council members must reside east of the Cascade Mountains.

In addition, the Council must consist of:

• two members who are elected county legislators or executives;

• two members who are elected city legislators or mayors;

• one member who is a local government building code enforcement official;

• one member who is a local government fire service official;

• one member who represents the commercial and industrial building construction industry;

• one member who represents the residential and multifamily building construction industry;

• one member who represents the architectural design profession;

• one member who represents the structural engineering profession;

• one member who represents the mechanical engineering profession;

• one member who represents the construction building trades;

• one member who represents manufacturers, installers, or suppliers of building materials and components;

• one member who represents the community of persons with disabilities; and

• one member who represents the general public.

The Council also includes the following ex officio, nonvoting members:

• two members of the House of Representatives, one from each caucus, who are appointed by the Speaker of the House;

• two members of the Senate, one from each caucus, who are appointed by the President of the Senate; and

• one employee of the electrical division of the Department of Labor and Industries.

Before making any appointment to the Council, the Governor must seek nominations from recognized organizations with an interest in the building construction trade or industry. Members serve three-year terms on the Council.

Summary of Bill (Recommended Amendments): Terms of office on the Council are for three years or for so long as the member remains qualified for the appointment.

Any Council member who is appointed to represent a specific private sector industry must maintain sufficiently similar employment or circumstances throughout the term of office to remain qualified to represent the specific industry. If a councilmember enters into employment outside of the industry the person has been appointed to represent, then the councilmember is removed from the council.

Retirement or unemployment is not cause for termination.

EFFECT OF CHANGES MADE BY GOVERNMENT OPERATIONS & ELECTIONS COMMITTEE (Recommended Amendments): The amendment removes language that would void any vote taken by the council if a member remained on the council after employment outside the industry they are appointed to represent. Language is added to allow a member to remain on the council as an ex officio, non-voting member until a replacement member is appointed. A member must notify the Governor within 30 days of the date the member no longer qualifies for appointment on the council.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony on Substitute House bill: PRO: The current economic situation has resulted in many people changing employment and even professions. This resulting change in employment can cause disruption to the members of the State Building Code Council. If a member is appointed to represent a specialized interest and then changes employment and no one is employed by the organization they are to represent, an inequitable situation may arise. This bill corrects that concern.

Persons Testifying: PRO: Stan Bowman, American Institute of Architects Washington Council; Eric Lohnes, BIAW.