H-4160.1  _______________________________________________

                          HOUSE BILL 2827

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Representatives Cairnes, Cooper, Thompson, Mulliken, Mielke and Bush

Read first time 01/21/98.  Referred to Committee on Commerce & Labor.

Authorizing adoption of building codes published by any nationally recognized code organization.

    AN ACT Relating to adoption by reference of codes by the state building code council that constitute the state building code; and amending RCW 19.27.031 and 19.27.074.

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

    Sec. 1.  RCW 19.27.031 and 1995 c 343 s 1 are each 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)) A building code ((and Uniform Building Code Standards)), published by ((the International Conference of Building Officials)) a nationally recognized code organization;

    (2) ((Uniform)) A mechanical code, including ((Chapter 13,)) fuel gas piping, ((Appendix B,)) published by ((the International Conference of Building Officials)) a nationally recognized code organization;

    (3) ((The Uniform)) A fire code ((and Uniform Fire Code Standards)), published by ((the International Fire Code Institute)) a nationally recognized code organization:  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 19.27.170, ((the Uniform)) a plumbing code ((and Uniform Plumbing Code Standards)), published by ((the International Association of Plumbing and Mechanical Officials)) a nationally recognized code organization:  PROVIDED, That ((chapters 11 and 12)) any provisions of such code affecting sewers or fuel gas piping 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 official charged with the duty to enforce the enumerated codes.

    Sec. 2.  RCW 19.27.074 and 1989 c 266 s 3 are each amended to read as follows:

    (1) The state building code council shall:

    (a) Adopt and maintain the codes to which reference is made in RCW 19.27.031, and appropriate standards, in a status which is consistent with the state's interest as set forth in RCW 19.27.020.  In maintaining these codes, the council shall regularly and publicly review updated versions of ((the codes referred to in RCW 19.27.031)) nationally recognized code publications and other pertinent information and shall amend the codes as deemed appropriate by the council;

    (b) Approve or deny all county or city amendments to any code referred to in RCW 19.27.031 to the degree the amendments apply to single family or multifamily residential buildings;

    (c) As required by the legislature, develop and adopt any codes relating to buildings; and

    (d) Propose a budget for the operation of the state building code council to be submitted to the office of financial management pursuant to RCW 43.88.090.

    (2) The state building code council may:

    (a) Appoint technical advisory committees which may include members of the council;

    (b) Employ permanent and temporary staff and contract for services; and

    (c) Conduct research into matters relating to any code or codes referred to in RCW 19.27.031 or any related matter.

    All meetings of the state building code council shall be open to the public under the open public meetings act, chapter 42.30 RCW.  All actions of the state building code council which adopt or amend any code of state-wide applicability shall be pursuant to the administrative procedure act, chapter 34.05 RCW.

    All council decisions relating to the codes enumerated in RCW 19.27.031 shall require approval by at least a majority of the members of the council.

    All decisions to adopt or amend codes of state-wide application 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.

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