BP BHEAD INT S

AN ACT Relating to enforcement of the state building code; amending RCW 19.27.015, 19.25.020, and 19.27.040; reenacting and amending RCW 19.27.060; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that:

(1) An abundant supply of affordable housing is crucial for ensuring the well-being of all citizens of Washington state;

(2) Increasing the supply of affordable housing is critical to the citizens of Washington state for creating jobs and supporting economic development;

(3) For low and moderate-income families, farm workers, young families, and first-time buyers, the supply of affordable housing is in chronic short supply and, in many cases, lack of affordable housing increases the incidence of homelessness in these groups of people;

(4) Building codes are an integral component of affordable housing, and a reasonable building code regulatory system can improve the affordability of housing; and

(5) Reforming and streamlining the regulatory process will significantly reduce barriers to affordable housing.

The legislature agrees with the United States advisory committee on regulatory barriers to affordable housing that increasing the supply of affordable housing can be accomplished through a program of regulatory reform of the building code enforcement systems in order to place more reliance on the national model code system and state-wide codes to encourage consistent enforcement of the building code from jurisdiction to jurisdiction.

Sec. 2. RCW 19.27.015 and 1985 c 360 s 1 are each amended to read as follows:

((~~As used in~~)) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter((:)).

(1) "City" means a city or town((~~; and~~)).

(2) "Multifamily residential building" means a common wall residential building((s)) that ((~~consist of four or fewer units, that do not exceed two~~)) is less than three stories in height, ((~~that are~~)) is less than ((~~five thousand square feet in area~~)) fifteen units, and ((~~that have~~)) has a one-hour fire-resistive occupancy separation between units.

(3) "Single family residential building" means any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, as required by the state building code, for not more than one family, or a congregate residence for ten or fewer persons.

Sec. 3. RCW 19.27.020 and 1985 c 360 s 6 are each amended to read as follows:

The purpose of this chapter is to promote the health, safety, and welfare of the occupants or users of buildings and structures and the general public by the provision of building codes throughout the state. Accordingly, this chapter is designed to effectuate the following purposes, objectives, and standards:

(1) To require ((~~minimum~~)) performance standards and requirements for construction and construction materials, consistent with accepted standards of engineering, fire, and life safety.

(2) To require standards and requirements in terms of performance and nationally accepted standards.

(3) To permit the use of modern technical methods, devices, and improvements.

(4) To eliminate restrictive, obsolete, conflicting, duplicating, and unnecessary regulations and requirements which could unnecessarily increase construction costs or retard the use of new materials and methods of installation or provide unwarranted preferential treatment to types or classes of materials or products or methods of construction.

(5) To provide for standards and specifications for making buildings and facilities accessible to and usable by physically disabled persons.

(6) To consolidate within each authorized enforcement jurisdiction, the administration and enforcement of building codes.

Sec. 4. 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~~)) 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 for single family residential buildings or multifamily residential buildings.

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

Sec. 5. 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~~)) greater 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.