AN ACT Relating to authorizing cities and counties to approve the use of alternatives that meet the purposes, objectives, and standards of the state building code to promote innovative housing and the use of modern technical methods, materials, and devices; amending RCW 19.27.060; adding a new section to chapter 19.27 RCW; and creating a new section.

NEW SECTION. Sec. 1. The legislature finds that the use of local resources and labor in building construction adds to the economic vitality of Washington communities, particularly in rural areas. The legislature also finds that the use of innovative technologies, devices, materials, and techniques can create environmentally sustainable housing that benefits the health and well-being of the people of Washington, and helps protect the state's natural resources. It is the legislature's intent to encourage the use of innovative materials, technologies, devices, and methods of design and construction. The legislature recognizes some counties, cities, and towns in the state desire to create a more flexible environment to comply with building code regulations, and thus the counties, cities, and towns have the desire to be authorized to approve alternatives through equivalent performance methodologies for alternative materials, design, and methods of construction that meet the intent of the state building code's prescriptive requirements.

(1) The legislative authority of a city or county may by ordinance adopt requirements for alternative materials, alternative nationally recognized standards, or innovative designs and methods of construction and allow for their approval as a recognized alternative in compliance with the requirements of this chapter and the state building code, as adopted and amended by the state building code council under RCW 19.27.031. The ordinance may not result in a code that does not meet the minimum performance standards and objectives of RCW 19.27.020, and the ordinance must be in accordance with the spirit and intent of RCW 19.27.020.

(2) At a minimum, any ordinance adopted under this section must establish the scope and application of the ordinance to include the specified classes or types of occupancies of buildings or structures governed by the ordinance.

(3) The provisions of the ordinance may not preclude the approval of the installation of any material or prohibit any design or method of installation or construction not specifically prescribed in the ordinance. If an alternative material, alternative nationally recognized standard, or design or method of construction is not specified in the ordinance, an alternative may be proposed and approved if it can be shown to satisfactorily comply with the intent of the provisions of this section. For any alternative material, design, or method of construction that is not approved, the building official must respond in writing, stating the reasons why the proposed alternative was not approved.

(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.

(((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) Except as provided otherwise in section 2 of this act, 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) 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.

(5) 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.

(6)(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.


State of Washington	64th Legislature	2016 Regular Session