BP BHEAD INT H

AN ACT Relating to clarification of building code and structure requirements; amending RCW 19.27A.080, 70.92.110, 70.92.120, 70.92.130, 70.92.150, and 70.92.160; reenacting and amending RCW 19.27.031; and repealing RCW 70.89.005, 70.89.010, 70.89.021, 70.89.031, 70.89.040, 70.89.050, 70.89.060, 70.89.070, 70.89.900, and 70.89.910.

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)) 13, 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~~)) Fire Code Institute: 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 charged with the duty to enforce the enumerated codes.

Sec. 2. RCW 19.27A.080 and 1985 c 360 s 15 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 19.27A.080 through 19.27A.120.

(1) "Portable oil-fueled heater" means any nonflue-connected, self-contained, self-supporting, oil-fueled, heating appliance equipped with an integral reservoir, designed to be carried from one location to another.

(2) "Oil" means any liquid fuel with a flash point of greater than one hundred degrees Fahrenheit, including but not limited to kerosene.

(3) "Listed" means any portable oil-fueled heater which has been evaluated in accordance with the Underwriters Laboratories, Inc. standard for portable oil-fueled heaters or an equivalent standard and with respect to reasonably foreseeable hazards to life and property by a nationally recognized testing or inspection agency, such as Underwriters Laboratories, Inc., and which has been authorized as being reasonably safe for its specific purpose and shown in a list published by such agency and/or bears the mark, name, and/or symbol of such agency as indication that it has been so authorized. Such evaluation shall include but not be limited to evaluation of the requirements hereinafter set forth.

(4) "Approved" means any listed portable oil-fueled heater which is deemed approved if it satisfies the requirements set forth herein or adopted under RCW 19.27A.080 through 19.27A.120 and if the supplier certifies to the authority having jurisdiction over the sale and use of the heater that it is listed and in compliance with RCW 19.27A.080 through 19.27A.120.

(5) "Structure" means any building or completed construction of any kind included in state building code groups M, R-1, R-3, ((~~B-4 and B-2~~)) B, F, S-1, S-2, and U occupancies, except sleeping rooms and bathrooms: PROVIDED, HOWEVER, That in ((~~B-2~~)) B, M, and S-1 occupancies, approved portable oil-fueled heaters shall only be used under permit of the fire chief.

(6) "Supplier" means any party offering to sell to retailers or to the general public approved portable oil-fueled heaters.

Sec. 3. RCW 70.92.110 and 1989 c 14 s 9 are each amended to read as follows:

The standards and specifications adopted under this chapter shall, as provided in this section, apply to buildings, structures, or portions thereof used primarily for group A-1 through group ((~~R-1~~)) U-1 occupancies, except for group ((M)) R-3 occupancies, as defined in the Uniform Building Code, ((~~1988~~)) 1994 edition, published by the International Conference of Building Officials. All such buildings, structures, or portions thereof, which are constructed, substantially remodeled, or substantially rehabilitated after July 1, 1976, shall conform to the standards and specifications adopted under this chapter: PROVIDED, That the following buildings, structures, or portions thereof shall be exempt from this chapter:

(1) Buildings, structures, or portions thereof for which construction contracts have been awarded prior to July 1, 1976;

(2) Any building, structure, or portion thereof in respect to which the administrative authority deems, after considering all circumstances applying thereto, that full compliance is impracticable: PROVIDED, That, such a determination shall be made no later than at the time of issuance of the building permit for the construction, remodeling, or rehabilitation: PROVIDED FURTHER, That the board of appeals provided for in ((~~section 204~~)) chapter 1 of the Uniform Building Code shall have jurisdiction to hear and decide appeals from any decision by the administrative authority regarding a waiver or failure to grant a waiver from compliance with the standards adopted pursuant to RCW 70.92.100 through 70.92.160. The provisions of the Uniform Building Code regarding the appeals process shall govern the appeals herein;

(3) Any building or structure used solely for dwelling purposes and which contains not more than two dwelling units;

(4) Any building or structure not used primarily for group A-1 through group ((~~R-1~~)) U-1 occupancies, except for group ((M)) R-3 occupancies, as set forth in the Uniform Building Code, ((~~1988~~)) 1994 edition, published by the International Conference of Building Officials; or

(5) Apartment houses located on individual properties with ((~~ten~~)) three or fewer dwelling units.

Sec. 4. RCW 70.92.120 and 1975 1st ex.s. c 110 s 3 are each amended to read as follows:

All buildings built in accordance with the standards and specifications provided for in this chapter, and containing facilities that are in compliance therewith, shall display the following symbol which is known as the International Symbol of Access.

(Illustration: Handicap symbol)

Such symbol shall be white on a blue background and shall indicate the location of facilities designed for the physically disabled or elderly. When a building contains an entrance other than the main entrance which is ramped or level for use by physically disabled or elderly persons, a sign with the symbol showing its location shall be posted at or near the main entrance which shall be visible from the adjacent public sidewalk or way.

Sec. 5. 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. 6. RCW 70.92.150 and 1975 1st ex.s. c 110 s 6 are each amended to read as follows:

The council in adopting these minimum standards shall consider minimum standards adopted by both law and rule and regulation in other states and the government of the United 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 shall adopt such standards by majority vote pursuant to the provisions of chapter 34.05 RCW.

Sec. 7. RCW 70.92.160 and 1975 1st ex.s. c 110 s 7 are each amended to read as follows:

The administrative authority of any jurisdiction may grant a waiver from compliance with any standard adopted hereunder for a particular building or structure if it determines that compliance with the particular standard is impractical: PROVIDED, That such a determination shall be made no later than at the time of issuance of the building permit for the construction, remodeling, or rehabilitation: PROVIDED FURTHER, That the board of appeals provided for in ((~~section 204~~)) chapter 1 of the Uniform Building Code shall have jurisdiction to hear and decide appeals from any decision by the administrative authority regarding a waiver or failure to grant a waiver from compliance with the standards adopted pursuant to RCW 70.92.100 through 70.92.160. The provisions of the Uniform Building Code regarding the appeals process shall govern the appeals herein.

NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

(1) RCW 70.89.005 and 1973 1st ex.s. c 2 s 1;

(2) RCW 70.89.010 and 1973 1st ex.s. c 2 s 2 & 1963 c 128 s 1;

(3) RCW 70.89.021 and 1973 1st ex.s. c 2 s 3;

(4) RCW 70.89.031 and 1973 1st ex.s. c 2 s 4;

(5) RCW 70.89.040 and 1973 1st ex.s. c 2 s 8 & 1963 c 128 s 4;

(6) RCW 70.89.050 and 1989 c 12 s 19 & 1973 1st ex.s. c 2 s 5;

(7) RCW 70.89.060 and 1973 1st ex.s. c 2 s 6;

(8) RCW 70.89.070 and 1973 1st ex.s. c 2 s 7;

(9) RCW 70.89.900 and 1963 c 128 s 5; and

(10) RCW 70.89.910 and 1973 1st ex.s. c 2 s 10.