BILL REQ. #:  H-0574.1 

Read first time 01/22/2003.   Referred to Committee on Local Government.

     AN ACT Relating to state building codes; and amending RCW 19.27.015, 19.27.031, 19.27.040, 19.27.060, and 19.27.074.

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

Sec. 1   RCW 19.27.015 and 1996 c 157 s 1 are each amended to read as follows:
     As used in this chapter:
     (1) "City" means a city or town;
     (2) "Multifamily residential building" means common wall residential buildings that ((consist of four or fewer units, that do not exceed two)) are less than three stories in height, as defined by the International Building Code, that are less than ((five)) ten thousand square feet in area and consist of ten units or less, and ((that)) have a one-hour fire-resistive occupancy separation between units; and
     (3) "Temporary growing structure" means a structure that has the sides and roof covered with polyethylene, polyvinyl, or similar flexible synthetic material and is used to provide plants with either frost protection or increased heat retention.

Sec. 2   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)) The International Building Code and ((Uniform Building Code Standards)) the International Residential Code, published by the International ((Conference of Building Officials)) Code Council, Inc.;
     (2) ((Uniform)) The International Mechanical Code and International Fuel Gas Code, ((including Chapter 13, Fuel Gas Piping, Appendix B,)) published by the International ((Conference of Building Officials)) Code Council, Inc.;
     (3) The ((Uniform)) International Fire Code ((and Uniform Fire Code Standards)), published by the International ((Fire Code Institute)) Code Council, Inc.: 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 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 and the objectives enumerated in RCW 19.27.020 and this section affecting single-family and multifamily residences may not be increased by any state, county, or city amendments without adoption by the International Code Council, Inc.
     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. 3   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 affecting single-family and multifamily residences shall not be ((diminished)) increased by any county or city amendments without adoption by the International Code Council, Inc.
     Nothing in this chapter shall authorize any modifications of the requirements of chapter 70.92 RCW.

Sec. 4   RCW 19.27.060 and 2002 c 135 s 1 are each 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 than the minimum performance standards and objectives contained in the state building code.)) subject to the following:
     (a) No amendment increasing performance and prescriptive codes and standards 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)) adopted by the ((building)) International Code Council, Inc. under ((RCW 19.27.074(1))) (b) of this subsection.
     (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.)) After the effective date of this section, all local amendments of a county or city and all state amendments that increase the performance and prescriptive codes and standards for single-family or multifamily residential buildings beyond those contained in the state building code must be adopted by the International Code Council, Inc. If the local amendment or state amendment affecting single-family and multifamily residences is not adopted by the International Code Council, Inc. the proposed amendment is null and void as against public policy.
     (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. However, 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. A governing body of a county or city may inspect facilities used for temporary storage and processing of agricultural commodities.
     (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 19.27.074 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 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 review updated versions of the codes referred to in RCW 19.27.031 and other pertinent information and shall amend the codes ((as deemed appropriate by the council)) consistent with the provisions of RCW 19.27.060;
     (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))) (c) 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 statewide 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 statewide application shall be made prior to December 1st of any year and shall not take effect before the end of the regular legislative session in the next year.