BP BHEAD INT S

AN ACT Relating to the building code council; amending RCW 19.27.040, 19.27.042, 19.27.113, 19.27.120, 19.27.170, 19.27.180, 19.27.190, 19.27.192, 19.27.470, 19.27.480, 19.27A.020, 19.27A.025, 19.27A.045, 29.57.030, 35.68.076, 43.22.480, 70.92.130, 70.92.140, 70.92.150, 70.94.455, 70.94.457, and 90.76.020; reenacting and amending RCW 19.27.031 and 19.27.060; and repealing RCW 19.27.035, 19.27.070, 19.27.074, 19.27.078, 19.27.085, 19.27.160, 19.27.175, 19.27A.050, and 70.162.030.

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

Sec. 1. RCW 19.27.031 and 1989 c 348 s 9 and 1989 c 266 s 1 are each reenacted and amended to read as follows:

Except as otherwise provided in this chapter, there shall be in effect in all counties and cities the 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, published by the International Conference of Building Officials;

(2) Uniform Mechanical Code, 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, 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) Except as provided in RCW 19.27.150, the Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials: PROVIDED, That chapters 11 and 12 of such code are not adopted; and

(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 in RCW 70.92.100 through 70.92.160.

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.

((~~The codes enumerated in this section shall be adopted by the council as provided in RCW 19.27.074.~~

~~The council may issue opinions relating to the codes at the request of a local building official.~~))

Sec. 2. RCW 19.27.040 and 1990 c 2 s 11 are each amended to read as follows:

The governing body of each county or city is authorized to amend the state building code as it applies within the jurisdiction of the county or city. The ((~~minimum~~)) maximum performance standards of the codes and the objectives enumerated in RCW 19.27.020 shall not be ((~~diminished~~)) increased by any county or city amendments.

Nothing in this chapter shall authorize any modifications of the requirements of chapter 70.92 RCW.

Sec. 3. RCW 19.27.042 and 1991 c 139 s 1 are each amended to read as follows:

(1) Effective January 1, 1992, the legislative authorities of cities and counties may adopt an ordinance or resolution to exempt from state building code requirements buildings whose character of use or occupancy has been changed in order to provide housing for indigent persons. The ordinance or resolution allowing the exemption shall include the following conditions:

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

(b) Any code deficiencies to be exempted pose no threat to human life, health, or safety;

(c) The building or buildings exempted under this section are owned or administered by a public agency or nonprofit corporation; and

(d) The exemption is authorized for no more than five years on any given building. An exemption for a building may be renewed if the requirements of this section are met for each renewal.

(2) By January 1, 1992, the ((~~state building code council~~)) department of community development shall adopt by rule, guidelines for cities and counties exempting buildings under subsection (1) of this section.

Sec. 4. RCW 19.27.060 and 1989 c 266 s 2 and 1989 c 246 s 1 are each reenacted and amended to read as follows:

(1) The governing bodies of counties and cities may amend the codes enumerated in RCW 19.27.031 ((~~as amended and adopted by the state building code council~~)) as they apply within their respective jurisdictions, but the amendments shall not result in a code that is ((~~less~~)) more than the minimum performance standards and objectives contained in the state building code.

(((a) No amendment to a code enumerated in RCW 19.27.031 as amended and adopted by the state building code council that affects single family or multifamily residential buildings shall be effective unless the amendment is approved by the building code council under RCW 19.27.074(1)(b).

(b) Any county or city amendment to a code enumerated in RCW 19.27.031 which is approved under RCW 19.27.074(1)(b) shall continue to be effective after any action is taken under RCW 19.27.074(1)(a) without necessity of reapproval under RCW 19.27.074(1)(b) unless the amendment is declared null and void by the council at the time any action is taken under RCW 19.27.074(1)(a) because such action in any way altered the impact of the amendment.))

(2) Except as permitted or provided otherwise under this section, the state building code shall be applicable to all buildings and structures including those owned by the state or by any governmental subdivision or unit of local government.

(3) The governing body of each county or city may limit the application of any portion of the state building code to exclude specified classes or types of buildings or structures according to use other than single family or multifamily residential buildings: PROVIDED, That in no event shall fruits or vegetables of the tree or vine stored in buildings or warehouses constitute combustible stock for the purposes of application of the uniform fire code.

(4) The provisions of this chapter shall not apply to any building four or more stories high with a B occupancy as defined by the uniform building code, 1982 edition, and with a city fire insurance rating of 1, 2, or 3 as defined by a recognized fire rating bureau or organization.

(5) No provision of the uniform fire code concerning roadways shall be part of the state building code: PROVIDED, That this subsection shall not limit the authority of a county or city to adopt street, road, or access standards.

(6) The provisions of the state building code may be preempted by any city or county to the extent that the code provisions relating to the installation or use of sprinklers in jail cells conflict with the secure and humane operation of jails.

(7)((~~(a)~~)) Effective one year after July 23, 1989, the governing bodies of counties and cities may adopt an ordinance or resolution to exempt from permit requirements certain construction or alteration of either group R, division 3, or group M, division 1 occupancies, or both, as defined in the uniform building code, 1988 edition, for which the total cost of fair market value of the construction or alteration does not exceed fifteen hundred dollars. The permit exemption shall not otherwise exempt the construction or alteration from the substantive standards of the codes enumerated in RCW 19.27.031((~~, as amended and maintained by the state building code council under RCW 19.27.070.~~

(b) Prior to July 23, 1989, the state building code council shall adopt by rule, guidelines exempting from permit requirements certain construction and alteration activities under (a) of this subsection)).

Sec. 5. RCW 19.27.113 and 1991 c 170 s 1 are each amended to read as follows:

The department of community development shall be responsible for administration of rules adopted by the building code council ((~~shall adopt rules by December 1, 1991,~~)) requiring that all buildings classed as E‑1 occupancies, as defined in the state building code, except portable school classrooms, constructed after July 28, 1991, be provided with an automatic fire-extinguishing system. The rules ((~~adopted by the council~~)) shall consider applicable nationally recognized fire and building code standards and local conditions.

((By December 15, 1991, the council shall transmit to the superintendent of public instruction, the state board of education, and the fire protection policy board copies of the rules as adopted. The superintendent of public instruction, the state board of education, and the fire protection policy board shall respond to the council by February 15, 1992, with any recommended changes to the rule. If changes are recommended the council shall immediately consider those changes to the rules through its rule-making procedures. The rules shall be effective on July 1, 1992.))

Sec. 6. RCW 19.27.120 and 1985 c 360 s 13 are each amended to read as follows:

((~~(1)~~)) Repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, strengthening, or continued use of a building or structure may be made without conformance to all of the requirements of the codes adopted under RCW 19.27.031, when authorized by the appropriate building official ((~~under the rules adopted under subsection (2) of this section~~)), provided:

((~~(a)~~)) (1) The building or structure: ((~~(i)~~)) (a) Has been designated by official action of a legislative body as having special historical or architectural significance, or ((~~(ii)~~)) (b) is an unreinforced masonry building or structure on the state or the national register of historic places, or is potentially eligible for placement on such registers; and

((~~(b)~~)) (2) The restored building or structure will be less hazardous, based on life and fire risk, than the existing building.

(((2) The state building code council shall adopt rules, where appropriate, to provide alternative methods to those otherwise required under this chapter for repairs, alterations, and additions necessary for preservation, restoration, rehabilitation, strengthening, or continued use of buildings and structures identified under subsection (1) of this section.))

Sec. 7. RCW 19.27.170 and 1991 c 347 s 16 are each amended to read as follows:

(1) The department of community development shall be responsible for administration of rules adopted by the state building code council ((~~shall adopt rules under chapter 34.05 RCW~~)) that implement and incorporate the water conservation performance standards in subsections (4) and (5) of this section. These standards shall apply to all new construction and all remodeling involving replacement of plumbing fixtures in all residential, hotel, motel, school, industrial, commercial use, or other occupancies determined by the ((~~council~~)) department to use significant quantities of water.

(2) The legislature recognizes that a phasing-in approach to these new standards is appropriate. Therefore, standards in subsection (4) of this section shall take effect on July 1, 1990. The standards in subsection (5) of this section shall take effect July 1, 1993.

(3) No individual, public or private corporation, firm, political subdivision, government agency, or other legal entity may, for purposes of use in this state, distribute, sell, offer for sale, import, install, or approve for installation any plumbing fixtures unless the fixtures meet the standards as provided for in this section.

(4) Standards for water use efficiency effective July 1, 1990.

(a) Standards for waterclosets. The guideline for maximum water use allowed in gallons per flush (gpf) for any of the following waterclosets is the following:

Tank-type toilets.................................................................................................................................................................... 3.5 gpf.

Flushometer-valve toilets..................................................................................................................................................... 3.5 gpf.

Flushometer-tank toilets...................................................................................................................................................... 3.5 gpf.

Electromechanical hydraulic toilets................................................................................................................................... 3.5 gpf.

(b) Standard for urinals. The guideline for maximum water use allowed for any urinal is 3.0 gallons per flush.

(d) Standard for faucets. The guideline for maximum water use allowed in gallons per minute (gpm) for any of the following faucets and replacement aerators is the following:

Bathroom faucets................................................................................................................................................................. 3.0 gpm.

Lavatory faucets.................................................................................................................................................................. 3.0 gpm.

Kitchen faucets.................................................................................................................................................................... 3.0 gpm.

Replacement aerators........................................................................................................................................................... 3.0 gpm.

(e) Except where designed and installed for use by the physically handicapped, lavatory faucets located in restrooms intended for use by the general public must be equipped with a metering valve designed to close by spring or water pressure when left unattended (self-closing).

(f) No urinal or watercloset that operates on a continuous flow or continuous flush basis shall be permitted.

(5) Standards for water use efficiency effective July 1, 1993.

(a) Standards for waterclosets. The guideline for maximum water use allowed in gallons per flush (gpf) for any of the following waterclosets is the following:

Tank-type toilets.................................................................................................................................................................... 1.6 gpf.

Flushometer-tank toilets...................................................................................................................................................... 1.6 gpf.

Electromechanical hydraulic toilets................................................................................................................................... 1.6 gpf.

(b) Standards for urinals. The guideline for maximum water use allowed for any urinal is 1.0 gallons per flush.

(d) Standards for faucets. The guideline for maximum water use allowed in gallons per minute for any of the following faucets and replacement aerators is the following:

Bathroom faucets................................................................................................................................................................. 2.5 gpm.

Lavatory faucets.................................................................................................................................................................. 2.5 gpm.

Kitchen faucets.................................................................................................................................................................... 2.5 gpm.

Replacement aerators........................................................................................................................................................... 2.5 gpm.

(f) No urinal or watercloset that operates on a continuous flow or continuous basis shall be permitted.

(6) The ((~~building code council~~)) department shall establish methods and procedures for testing and identifying fixtures that meet the standards established in subsection (5) of this section. The ((~~council~~)) department shall use the testing standards designated as American national standards, written under American national standards institute procedures or other widely recognized national testing standards. The ((~~council~~)) department shall either review test results from independent testing laboratories that are submitted by manufacturers of plumbing fixtures or accept data submitted to and evaluated by the international association of plumbing and mechanical officials. The ((~~council~~)) department shall publish and widely distribute a current list of fixtures that meet the standards established in subsection (5) of this section.

(7) The ((~~building code council~~)) department shall adopt rules for marking and labeling fixtures meeting the standards established in subsection (5) of this section.

(8) This section shall not apply to fixtures installed before July 28, 1991, that are removed and relocated to another room or area of the same building after July 28, 1991, nor shall it apply to fixtures, as determined by the ((~~council~~)) department, that in order to perform a specialized function, cannot meet the standards specified in this section.

(9) The water conservation performance standards shall supersede all local government codes. After July 1, 1990, cities, towns, and counties shall not amend the code revisions and standards established under subsection (4) or (5) of this section.

Sec. 8. RCW 19.27.180 and 1992 c 79 s 1 are each amended to read as follows:

(1) Residential buildings or structures moved into or within a county or city are not required to comply with all of the requirements of the codes enumerated in chapters 19.27 ((~~and~~)), 19.27A ((~~RCW, as amended and maintained by the state building code council~~)), and ((~~chapter~~)) 19.28 RCW, if the original occupancy classification of the building or structure is not changed as a result of the move.

(2) This section shall not apply to residential structures or buildings that are substantially remodeled or rehabilitated, nor to any work performed on a new or existing foundation.

(3) For the purposes of determining whether a moved building or structure has been substantially remodeled or rebuilt, any cost relating to preparation, construction, or renovation of the foundation shall not be considered.

Sec. 9. RCW 19.27.190 and 1990 c 2 s 7 are each amended to read as follows:

(((1)(a) Not later than January 1, 1991, the state building code council, in consultation with the state energy office, shall establish interim requirements for the maintenance of indoor air quality in newly constructed residential buildings. In establishing the interim requirements, the council shall take into consideration differences in heating fuels and heating system types. These requirements shall be in effect July 1, 1991, through June 30, 1993.

(b) The interim requirements for new electrically space heated residential buildings shall include ventilation standards which provide for mechanical ventilation in areas of the residence where water vapor or cooking odors are produced. The ventilation shall be exhausted to the outside of the structure. The ventilation standards shall further provide for the capacity to supply outside air to each bedroom and the main living area through dedicated supply air inlet locations in walls, or in an equivalent manner. At least one exhaust fan in the home shall be controlled by a dehumidistat or clock timer to ensure that sufficient whole house ventilation is regularly provided as needed.

(c)(i) For new single family residences with electric space heating systems, zero lot line homes, each unit in a duplex, and each attached housing unit in a planned unit development, the ventilation standards shall include fifty cubic feet per minute of effective installed ventilation capacity in each bathroom and one hundred cubic feet per minute of effective installed ventilation capacity in each kitchen.

(ii) For other new residential units with electric space heating systems the ventilation standards may be satisfied by the installation of two exhaust fans with a combined effective installed ventilation capacity of two hundred cubic feet per minute.

(iii) Effective installed ventilation capacity means the capability to deliver the specified ventilation rates for the actual design of the ventilation system. Natural ventilation and infiltration shall not be considered acceptable substitutes for mechanical ventilation.

(d) For new residential buildings that are space heated with other than electric space heating systems, the interim standards shall be designed to result in indoor air quality equivalent to that achieved with the interim ventilation standards for electric space heated homes.

(e) The interim requirements for all newly constructed residential buildings shall include standards for indoor air quality pollutant source control, including the following requirements: All structural panel components of the residence shall comply with appropriate standards for the emission of formaldehyde; the back-drafting of combustion by-products from combustion appliances shall be minimized through the use of dampers, vents, outside combustion air sources, or other appropriate technologies; and, in areas of the state where monitored data indicate action is necessary to inhibit indoor radon gas concentrations from exceeding appropriate health standards, entry of radon gas into homes shall be minimized through appropriate foundation construction measures.

~~(2) No later than January 1, 1993,~~)) The department of community development shall be responsible for administration of rules adopted by the state building code council, in consultation with the state energy office, ((~~shall establish final requirements~~)) for the maintenance of indoor air quality in newly constructed residences ((~~to be in effect beginning July 1, 1993~~)). For new electrically space heated residential buildings, these requirements shall maintain indoor air quality equivalent to that provided by the mechanical ventilation and indoor air pollutant source control requirements included in the February 7, 1989, Bonneville power administration record of decision for the environmental impact statement on new energy efficient homes programs (DOE/EIS-0127F) built with electric space heating. In residential units other than single family, zero lot line, duplexes, and attached housing units in planned unit developments, ventilation requirements may be satisfied by the installation of two exhaust fans with a combined effective installed ventilation capacity of two hundred cubic feet per minute. For new residential buildings that are space heated with other than electric space heating systems, the standards shall be designed to result in indoor air quality equivalent to that achieved with the ventilation and source control standards for electric space heated homes. ((~~In establishing the final requirements, the council shall take into consideration differences in heating fuels and heating system types.~~))

Sec. 10. RCW 19.27.192 and 1992 c 132 s 1 are each amended to read as follows:

(1) Beginning July 1, 1992, at the time of final inspection of a new single-family residence or each ground floor unit in a multifamily residential building, the building inspector shall deliver to each residence and each ground floor unit a three-month etched track radon measurement device that is listed on a current federal environmental protection agency radon measurement proficiency list. Postage to the testing facility and the cost of testing and notification to the homeowner shall be included with the device. The device, the instructions included with the device, and the instructions provided by the state building code council ((~~pursuant to subsection (2) of this section~~)) shall be placed in a conspicuous location. The device shall be provided to the building inspector by the local government.

(2) ((~~Not later than June 15, 1992, in consultation with the department of health and the Washington state association of building code officials, the state building code council shall:~~

(a) Develop instructions for use by the owner or occupant on the proper means of installation, maintenance and removal of the radon measurement device provided for in subsection (1) of this section and distribute the instructions to all affected county and city building departments; and

~~(b) Distribute to all affected county and city building departments the current federal environmental protection agency radon measurement proficiency list and known sources for the devices.~~

~~(3)~~)) The owner of a new single-family residence or of a multifamily residential building shall be responsible for returning the radon measurement device left by a building inspector pursuant to this section to the appropriate testing laboratory in accordance with the instructions left with the device by the building inspector.

((~~(4)~~)) (3) The building inspector's approval of the final inspection on the final inspection record card shall be prima facie evidence that the building inspector left the radon measurement device and instructions as required by this section.

((~~(5)~~)) (4) The building inspector responsible for the final inspection, the building inspector's employer, and the county or city within which a single-family residence or multifamily residential building is located shall not be liable for injuries caused by:

(a) The failure of the occupant or owner of the residence or building to properly install, monitor, or send a radon measurement device to the testing laboratory; or

(b) Radon entering into any single-family residence or multifamily residential building.

((~~(6)~~)) (5) This section shall expire June 30, 1995.

Sec. 11. RCW 19.27.470 and 1991 c 298 s 5 are each amended to read as follows:

((~~By July 1, 1992,~~)) The department of community development shall be responsible for administration of rules adopted by the state building code council ((~~shall adopt rules~~)) to ensure that new multifamily residences have adequate and conveniently located space to store and dispose of recyclable materials and solid waste.

Sec. 12. RCW 19.27.480 and 1991 c 298 s 6 are each amended to read as follows:

((~~By July 1, 1992,~~)) The department of community development shall be responsible for administration of rules adopted by the state building code council ((~~shall adopt rules~~)) to ensure that new commercial facilities have adequate and conveniently located space to store and dispose of recyclable materials and solid waste.

Sec. 13. RCW 19.27A.020 and 1990 c 2 s 3 are each amended to read as follows:

(1) ((~~No later than January 1, 1991,~~)) The department of community development shall be responsible for administration of rules adopted by the state building code council ((~~shall promulgate rules to be~~)) known as the Washington state energy code as part of the state building code.

(2) The ((~~council~~)) department shall follow the legislature's standards set forth in this section ((~~to promulgate rules to be known as the Washington state energy code~~)). The Washington state energy code shall be designed to require new buildings to meet a certain level of energy efficiency, but allow flexibility in building design, construction, and heating equipment efficiencies within that framework. The Washington state energy code shall be designed to allow space heating equipment efficiency to offset or substitute for building envelope thermal performance.

(3) The Washington state energy code shall take into account regional climatic conditions. Climate zone 1 shall include all counties not included in climate zone 2. Climate zone 2 includes: Adams, Chelan, Douglas, Ferry, Grant, Kittitas, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman counties.

(4) The Washington state energy code for residential buildings shall require:

(a) New residential buildings that are space heated with electric resistance heating systems to achieve energy use equivalent to that used in typical buildings constructed with:

(i) Ceilings insulated to a level of R‑38. The code shall contain an exception which permits single rafter or joist vaulted ceilings insulated to a level of R‑30 (R value includes insulation only);

(ii) In zone 1, walls insulated to a level of R‑19 (R value includes insulation only), or constructed with two by four members, R‑13 insulation batts, R‑3.2 insulated sheathing, and other normal assembly components; in zone 2 walls insulated to a level of R‑24 (R value includes insulation only), or constructed with two by six members, R‑22 insulation batts, R‑3.2 insulated sheathing, and other normal construction assembly components; for the purpose of determining equivalent thermal performance, the wall U-value shall be 0.058 in zone 1 and 0.044 in zone 2;

(iii) Below grade walls, insulated on the interior side, to a level of R‑19 or, if insulated on the exterior side, to a level of R‑10 in zone 1 and R‑12 in zone 2 (R value includes insulation only);

(iv) Floors over unheated spaces insulated to a level of R‑30 (R value includes insulation only);

(v) Slab on grade floors insulated to a level of R‑10 at the perimeter;

(vi) Double glazed windows with values not more than U‑0.4;

(vii) In zone 1 the glazing area may be up to twenty-one percent of floor area and in zone 2 the glazing area may be up to seventeen percent of floor area where consideration of the thermal resistance values for other building components and solar heat gains through the glazing result in thermal performance equivalent to that achieved with thermal resistance values for other components determined in accordance with the equivalent thermal performance criteria of (a) of this subsection and glazing area equal to fifteen percent of the floor area. Throughout the state for the purposes of determining equivalent thermal performance, the maximum glazing area shall be fifteen percent of the floor area; and

(viii) Exterior doors insulated to a level of R‑5; or an exterior wood door with a thermal resistance value of less than R‑5 and values for other components determined in accordance with the equivalent thermal performance criteria of (a) of this subsection.

(b) New residential buildings which are space-heated with all other forms of space heating to achieve energy use equivalent to that used in typical buildings constructed with:

(i) Ceilings insulated to a level of R‑30 in zone 1 and R‑38 in zone 2 the code shall contain an exception which permits single rafter or joist vaulted ceilings insulated to a level of R‑30 (R value includes insulation only);

(ii) Walls insulated to a level of R‑19 (R value includes insulation only), or constructed with two by four members, R‑13 insulation batts, R‑3.2 insulated sheathing, and other normal assembly components;

(iv) Floors over unheated spaces insulated to a level of R‑19 in zone 1 and R‑30 in zone 2 (R value includes insulation only);

(v) Slab on grade floors insulated to a level of R‑10 at the perimeter;

(vi) Heat pumps with a minimum heating season performance factor (HSPF) of 6.8 or with all other energy sources with a minimum annual fuel utilization efficiency (AFUE) of seventy-eight percent;

(vii) Double glazed windows with values not more than U‑0.65 in zone 1 and U‑0.60 in zone 2. The ((~~state building code council~~)) department of community development, in consultation with the state energy office, shall review these U-values, and, if economically justified for consumers, shall amend the Washington state energy code to improve the U-values by December 1, 1993. The amendment shall not take effect until July 1, 1994; and

(viii) In zone 1, the maximum glazing area shall be twenty-one percent of the floor area. In zone 2 the maximum glazing area shall be seventeen percent of the floor area. Throughout the state for the purposes of determining equivalent thermal performance, the maximum glazing area shall be fifteen percent of the floor area.

(c) For log built homes with space heat other than electric resistance, the ((~~building code council~~)) department of community development shall establish equivalent thermal performance standards consistent with the standards and maximum glazing areas of (b) of this subsection.

(d) The ((~~state building code council~~)) department of community development may approve an energy code for pilot projects of residential construction that use innovative energy efficiency technologies intended to result in savings that are greater than those realized in the levels specified in this section.

(5) U-values for glazing shall be determined using the area weighted average of all glazing in the building. U-values for glazing are the tested values for thermal transmittance due to conduction resulting from either the American architectural manufacturers' association (AAMA) 1503.1 test procedure or the American society for testing materials (ASTM) C236 or C976 test procedures. Testing shall be conducted under established winter horizontal heat flow test conditions using the fifteen miles per hour wind speed perpendicular to the exterior surface of the glazing as specified under AAMA 1503.1 and product sample sizes specified under AAMA 1503.1. The AAMA 1503.1 testing must be conducted by an AAMA certified testing laboratory. The ASTM C236 or C976 testing U-values include any tested values resulting from a future revised AAMA 1503.1 test procedure. Sealed insulation glass, where used, shall conform to ASTM E‑774‑81 level A or better. The ((~~state building code council~~)) department of community development shall maintain a list of the tested U-values for glazing products available in the state.

(6) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code, 1986 edition, as amended.

(7)(a) Except as provided in (b) of this subsection, the Washington state energy code for residential structures shall preempt the residential energy code of each city, town, and county in the state of Washington.

(b) The state energy code for residential structures does not preempt a city, town, or county's energy code for residential structures which exceeds the requirements of the state energy code and which was adopted by the city, town, or county prior to March 1, 1990. Such cities, towns, or counties may not subsequently amend their energy code for residential structures to exceed the requirements adopted prior to March 1, 1990.

(8) The ((~~state building code council~~)) department of community development shall consult with the state energy office as provided in RCW 34.05.310 prior to publication of proposed rules. The state energy office shall review the proposed rules for consistency with the guidelines adopted in subsection (4) of this section. The director of the state energy office shall recommend to the ((~~state building code council~~)) department any changes necessary to conform the proposed rules to the requirements of this section.

(9) ((The state building code council shall conduct a study of county and city enforcement of energy codes in the state. In conducting the study, the council shall conduct public hearings at designated council meetings to seek input from interested individuals and organizations, and to the extent possible, hold these meetings in conjunction with adopting rules under this section. The study shall include recommendations as to how code enforcement may be improved. The findings of the study shall be submitted in a report to the legislature no later than January 1, 1991.

~~(10)~~)) If any electric utility providing electric service to customers in the state of Washington purchases at least one percent of its firm energy load from a federal agency, pursuant to section 5.(b)(1) of the Pacific Northwest electric power planning and conservation act (P.L. 96‑501), and such utility is unable to obtain from that agency at least fifty percent of the funds for payments required by RCW 19.27A.035, the amendments to this section by chapter 2, Laws of 1990 shall be null and void, and the 1986 state energy code shall be in effect, except that a city, town, or county may enforce a local energy code with more stringent energy requirements adopted prior to March 1, 1990. This subsection shall expire June 30, 1995.

Sec. 14. RCW 19.27A.025 and 1991 c 122 s 3 are each amended to read as follows:

(1) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code, 1986 edition, as amended. The ((~~state building code council~~)) department of community development may, by rule adopted pursuant to chapter 34.05 RCW, amend that code's requirements for new nonresidential buildings provided that:

(a) Such amendments increase the energy efficiency of typical newly constructed nonresidential buildings; and

(b) Any new measures, standards, or requirements adopted must be technically feasible, commercially available, and cost-effective to building owners and tenants.

(2) In considering amendments to the state energy code for nonresidential buildings, the ((~~state building code council~~)) department of community development shall establish and consult with a technical advisory committee including representatives of appropriate state agencies, local governments, general contractors, building owners and managers, design professionals, utilities, and other interested and affected parties.

(3) Decisions to amend the Washington state energy code for new nonresidential buildings shall be made prior to December 15th of any year and shall not take effect before the end of the regular legislative session in the next year. Any disputed provisions within an amendment presented to the legislature shall be approved by the legislature before going into effect. A disputed provision is one which was adopted by the ((~~state building code council~~)) department of community development with less than a two-thirds majority vote. Substantial amendments to the code shall be adopted no more frequently than every three years.

Sec. 15. RCW 19.27A.045 and 1990 c 2 s 5 are each amended to read as follows:

The ((~~state building code council~~)) department of community development shall maintain the state energy code for residential structures in a status which is consistent with the state's interest as set forth in section 1, chapter 2, Laws of 1990. In maintaining the Washington state energy code for residential structures, beginning in 1996 the ((~~council~~)) department shall review the Washington state energy code every three years. After January 1, 1996, by rule adopted pursuant to chapter 34.05 RCW, the ((~~council~~)) department may amend any provisions of the Washington state energy code to increase the energy efficiency of newly constructed residential buildings. Decisions to amend the Washington state energy code for residential structures shall be made prior to December 1 of any year and shall not take effect before the end of the regular legislative session in the next year.

Sec. 16. RCW 29.57.030 and 1985 c 205 s 2 are each amended to read as follows:

The secretary of state, in consultation with ((~~the state building code advisory council and~~)) local election officials, shall determine standards for accessible polling places as required by this chapter and provide county auditors with these standards by July 1, 1985. These standards shall be revised whenever there are significant amendments to the applicable rules of the ((~~state building code advisory council~~)) department of community development.

Sec. 17. RCW 35.68.076 and 1989 c 175 s 84 are each amended to read as follows:

The department of general administration shall, pursuant to chapter 34.05 RCW, the Administrative Procedure Act, adopt several suggested model design, construction, or location standards to aid counties, cities, and towns in constructing curb ramps to allow reasonable access to the crosswalk for physically handicapped persons without uniquely endangering blind persons. The department of general administration shall consult with handicapped persons, blind persons, counties, and cities((~~, and the state building code council~~)) in adopting the suggested standards.

Sec. 18. RCW 43.22.480 and 1989 c 134 s 1 are each amended to read as follows:

The department shall adopt and enforce rules that protect the health, safety, and property of the people of this state by assuring that all factory built housing or factory built commercial structures are structurally sound and that the plumbing, heating, electrical, and other components thereof are reasonably safe. The rules shall be reasonably consistent with recognized and accepted principles of safety and structural soundness, and in adopting the rules the department shall consider, so far as practicable, the standards and specifications contained in the uniform building, plumbing, and mechanical codes, including the barrier free code and the Washington energy code ((~~as adopted by the state building code council~~)) pursuant to chapter 19.27A RCW, and the national electrical code, including the state rules as adopted pursuant to chapter 19.28 RCW and published by the national fire protection association.

The department shall set a schedule of fees which will cover the costs incurred by the department in the administration and enforcement of RCW 43.22.450 through 43.22.490.

Sec. 19. RCW 70.92.130 and 1975 1st ex.s. c 110 s 4 are each amended to read as follows:

As used in this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

(1) "Administrative authority" means the building department of each county, city, or town of this state;

(2) "Substantially remodeled or substantially rehabilitated" means any alteration or restoration of a building or structure within any twelve-month period, the cost of which exceeds sixty percent of the currently appraised value of the particular building or structure((;

~~(3) "Council" means the state building code advisory council~~)).

Sec. 20. RCW 70.92.140 and 1975 1st ex.s. c 110 s 5 are each amended to read as follows:

The ((~~state building code advisory council~~)) department of community development shall adopt minimum standards by rule and regulation for the provision of facilities in buildings and structures to accommodate the elderly, as well as physically disabled persons, which shall include but not be limited to standards for:

(1) Ramps;

(2) Doors and doorways;

(3) Stairs;

(4) Floors;

(5) Entrances;

(6) Toilet rooms and paraphernalia therein;

(7) Water fountains;

(8) Public telephones;

(9) Elevators;

(10) Switches and levers for the control of light, ventilation, windows, mirrors, etc.;

(11) Plaques identifying such facilities;

(12) Turnstiles and revolving doors;

(13) Kitchen facilities, where appropriate;

(14) Grading of approaches to entrances;

(15) Parking facilities;

(16) Seating facilities, where appropriate, in buildings where people normally assemble.

Sec. 21. RCW 70.92.150 and 1975 1st ex.s. c 110 s 6 are each amended to read as follows:

The ((~~council~~)) department of community development in adopting these minimum standards shall consider minimum standards adopted by both law and rule and regulation in other states((~~: PROVIDED, That no standards adopted by the council pursuant to RCW 70.92.100 through 70.92.160 shall take effect until July 1, 1976~~)). The ((~~council~~)) department shall adopt such standards by majority vote pursuant to the provisions of chapter 34.05 RCW.

Sec. 22. RCW 70.94.455 and 1991 c 199 s 503 are each amended to read as follows:

After January 1, 1992, no used solid fuel burning device shall be installed in new or existing buildings unless such device is either Oregon department of environmental quality phase II or United States environmental protection agency certified or a pellet stove either certified or exempt from certification by the United States environmental protection agency.

(1) ((~~By July 1, 1992, the state~~)) The department of community development shall be responsible for administration of rules adopted by the building code council ((~~shall adopt rules~~)) requiring an adequate source of heat other than wood stoves in all new and substantially remodeled residential and commercial construction. This rule shall apply (a) to areas designated by a county to be an urban growth area under chapter 36.70A RCW; and (b) to areas designated by the environmental protection agency as being in nonattainment for particulate matter.

(2) For purposes of this section, "substantially remodeled" means any alteration or restoration of a building exceeding sixty percent of the appraised value of such building within a twelve-month period.

Sec. 23. RCW 70.94.457 and 1991 c 199 s 501 are each amended to read as follows:

The department of ecology shall establish by rule under chapter 34.05 RCW:

(1) State-wide emission performance standards for new solid fuel burning devices. Notwithstanding any other provision of this chapter which allows an authority to adopt more stringent emission standards, no authority shall adopt any emission standard for new solid fuel burning devices other than the state-wide standard adopted by the department under this section.

(a) After January 1, 1995, no solid fuel burning device shall be offered for sale that does not meet the following particulate air contaminant emission standards under the test methodology of the United States environmental protection agency in effect on January 1, 1991, or an equivalent standard under any test methodology adopted by the United States environmental protection agency subsequent to such date: (i) Two and one-half grams per hour for catalytic wood stoves; and (ii) four and one-half grams per hour for all other solid fuel burning devices. For purposes of this subsection, "equivalent" shall mean the emissions limits specified in this subsection multiplied by a statistically reliable conversion factor determined by the department that compares the difference between the emission test methodology established by the United States environmental protection agency prior to May 15, 1991, with the test methodology adopted subsequently by the agency. Subsection (a) of this subsection does not apply to fireplaces.

(b) After January 1, 1997, no fireplace, except masonry fireplaces, shall be offered for sale unless such fireplace meets the 1990 United States environmental protection agency standards for wood stoves or equivalent standard that may be established by the ((~~state building code council~~)) department of community of development by rule. Prior to January 1, 1997, the ((~~state building code council~~)) department of community development shall establish by rule a methodology for the testing of factory-built fireplaces. The methodology shall be designed to achieve a particulate air emission standard equivalent to the 1990 United States environmental protection agency standard for wood stoves. In developing the rules, the ((~~council~~)) department shall include on the technical advisory committee at least one representative from the masonry fireplace builders and at least one representative of the factory-built fireplace manufacturers.

(c) Prior to January 1, 1997, the ((~~state building code council~~)) department of community development shall establish by rule design standards for the construction of new masonry fireplaces in Washington state. In developing the rules, the ((~~council~~)) department shall include on the technical advisory committee at least one representative from the masonry fireplace builders and at least one representative of the factory-built fireplace manufacturers. It shall be the goal of the ((~~council~~)) department to develop design standards that generally achieve reductions in particulate air contaminant emissions commensurate with the reductions being achieved by factory-built fireplaces at the time the standard is established.

(d) Actions of the department and local air pollution control authorities under this section shall preempt actions of other state agencies and local governments for the purposes of controlling air pollution from solid fuel burning devices, except where authorized by this act.

(e) Subsection (1)(a) of this section shall not apply to fireplaces.

(f) Notwithstanding (a) of this subsection, the department is authorized to adopt, by rule, emission standards adopted by the United States environmental protection agency for new wood stoves sold at retail. For solid fuel burning devices for which the United States environmental protection agency has not established emission standards, the department may exempt or establish, by rule, state-wide standards including emission levels and test procedures for such devices and such emission levels and test procedures shall be equivalent to emission levels per pound per hour burned for other new wood stoves and fireplaces regulated under this subsection.

(2) A program to:

(a) Determine whether a new solid fuel burning device complies with the state-wide emission performance standards established in subsection (1) of this section; and

(b) Approve the sale of devices that comply with the state-wide emission performance standards.

Sec. 24. RCW 90.76.020 and 1989 c 346 s 3 are each amended to read as follows:

(1) By July 1, 1990, the department shall adopt rules establishing requirements for all underground storage tanks that are regulated under the federal act, taking into account the various classes or categories of tanks to be regulated. The rules must be consistent with and no less stringent than the federal regulations and consist of requirements for the following:

(a) New underground storage tank system design, construction, installation, and notification;

(b) Upgrading existing underground storage tank systems;

(d) Release detection;

(e) Release reporting;

(f) Out-of-service underground storage tank systems and closure; and

(g) Financial responsibility for underground storage tanks containing regulated substances.

(2) By July 1, 1990, the department shall adopt rules:

(a) Establishing physical site criteria to be used in designating local environmentally sensitive areas;

(b) Establishing procedures for local government application for this designation; and

(c) Establishing procedures for local government adoption and department approval of rules more stringent than the state-wide standards in these designated areas.

(3) By July 1, 1990, the department shall establish by rule an administrative and enforcement program that is consistent with and no less stringent than the program required under the federal regulations in the areas of:

(a) Compliance monitoring, including procedures for recordkeeping and a program for systematic inspections;

(b) Enforcement;

(d) Information sharing.

(4) By July 1, 1990, the department shall establish a program that provides for the tagging of underground storage tanks. Tanks are not eligible for tagging unless the owner or operator is in compliance with the requirements of this chapter and annual state and local tank fees have been remitted. The tank tagging program shall be designed to ensure that tags will be clearly identifiable to persons delivering regulated substances to underground storage tanks.

(5) The department may establish programs to certify persons who conduct inspections, testing, closure, cathodic protection, interior tank lining, corrective action, or other activities required under this chapter. Certification programs shall be designed to ensure that each certification will be effective in all jurisdictions of the state.

((~~(6) When adopting rules under this chapter, the department shall consult with the state building code council to ensure coordination with the building and fire codes adopted under chapter 19.27 RCW.~~))

NEW SECTION. Sec. 25. The following acts or parts of acts are each repealed:

(1) RCW 19.27.035 and 1989 c 266 s 6;

(2) RCW 19.27.070 and 1989 c 246 s 2, 1987 c 505 s 7, 1985 c 360 s 11, 1984 c 287 s 55, 1975-76 2nd ex.s. c 34 s 59, & 1974 ex.s. c 96 s 7;

(3) RCW 19.27.074 and 1989 c 266 s 3 & 1985 c 360 s 2;

(4) RCW 19.27.078 and 1989 c 266 s 4 & 1985 c 360 s 3;

(5) RCW 19.27.085 and 1989 c 256 s 1 & 1985 c 360 s 4;

(6) RCW 19.27.160 and 1991 c 363 s 16 & 1989 c 246 s 7;

(7) RCW 19.27.175 and 1991 c 297 s 15;

(8) RCW 19.27A.050 and 1985 c 144 s 5; and

(9) RCW 70.162.030 and 1989 c 315 s 4.