The legislature finds the codes adopted under the state building code act in chapters 19.27 and 19.27A RCW are developed by multiple building code developers, which has resulted in conflicts, inconsistencies, and delays impacting the application of regulations and processes for approving alternate methods of construction, equipment, and devices. The legislature further finds that providing flexibility in building construction methods and uniformity in approval processes can result in efficient, resilient, and sustainable buildings, help local communities achieve their goals of increasing affordable housing, and ease code administration and enforcement, all of which benefits the safety and welfare of building owners, occupants, and the general public. Providing options for citizens to benefit from efficiencies provided by the approval of modern technical methods, devices, improvements, and innovations are in line with the governor's results Washington goal of improving nonelectrical energy efficiency of buildings and industrial processes to reduce greenhouse gas.
As used in this chapter:
(1) "Agricultural structure" means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure may not be a place of human habitation or a place of employment where agricultural products are processed, treated, or packaged, nor may it be a place used by the public.
(2) "City" means a city or town.
(3)
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
(6) To consolidate within each authorized enforcement jurisdiction, the administration and enforcement of building codes.
If a code official issues an inspection correction order of noncompliance or other similar order, the code official must, upon the request of a building permit applicant or applicant's agent, provide a citation to the specific section and subsection of the law, code, or standard on which the order was based.
(1) Nothing in this chapter prohibits the code official of the local jurisdiction from approving a material, product, method of construction, design, or system if the code official of the jurisdiction finds that:
(a) The proposed design is satisfactory and complies with the intent of the provisions of the code or standard; and
(b) The material or method of construction offered is, for the purpose intended, not less than the equivalent of that prescribed in the adopted code or standard.
(2) All data submitted to validate and substantiate compliance are subject to final approval by the code official. Final decisions under this section must be based on objective findings of fact. The code official must provide a permit applicant written notification of final decisions under this section within the timelines in RCW 36.70B.070. If not approved, the written notification must clearly explain the reasons why the data submitted to validate and substantiate compliance was found insufficient for approval. A final order, decision, or determination by the code official may be appealed using the process created by the local jurisdiction such as an appointed board of appeals or appointed hearing officer.
(3) Nothing in this section prohibits the code official of the local jurisdiction from approving a material, product, method of construction, design, or system for an individual permitted project or the approval for use on future or subsequent projects.
(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
(a) Except as provided in subsection (2) of this section, 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) The legislative body of a county or city, in exercising the authority provided under subsection (1) of this section to amend the code enumerated in RCW 19.27.031(1)(b), may adopt amendments that eliminate any minimum gross floor area requirement for single-family detached dwellings or that provide a minimum gross floor area requirement below the minimum performance standards and objectives contained in the state building code.
(3) 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.
(4) 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.
(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.
Except as provided in RCW 19.27A.020
(1) The state building code council in the department of enterprise services shall adopt rules to be known as the Washington state energy code as part of the state building code.
(2) The council shall follow the legislature's standards set forth in this section to adopt rules to be known as the Washington state energy code. The Washington state energy code shall be designed to:
(a) Construct increasingly energy efficient homes and buildings that help achieve the broader goal of building zero fossil-fuel greenhouse gas emission homes and buildings by the year 2031;
(b) Require new buildings to meet a certain level of energy efficiency, but allow flexibility in building design, construction, and heating equipment efficiencies within that framework; and
(c) Allow space heating equipment efficiency to offset or substitute for building envelope thermal performance.
(3) The Washington state energy code shall take into account regional climatic conditions. One climate zone includes: Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Skamania, Spokane, Stevens, Walla Walla, Whitman, and Yakima counties. The other climate zone includes all other counties not listed in this subsection (3). The assignment of a county to a climate zone may not be changed by adoption of a model code or rule. Nothing in this section prohibits the council from adopting the same rules or standards for each climate zone.
(4) The Washington state energy code for residential buildings shall be the 2006 edition of the Washington state energy code, or as amended by rule by the council.
(5)
(6)(a) Except as provided in (b) of this subsection
(b) The state energy code for residential structures does not preempt a city, town, or county's energy code for residential structures which exceeds the requirements of the state energy code and which was adopted by the city, town, or county prior to March 1, 1990. Such cities, towns, or counties may not subsequently amend their energy code for residential structures to exceed the requirements adopted prior to March 1, 1990.
(7) The state building code council shall consult with the department of enterprise services as provided in RCW 34.05.310 prior to publication of proposed rules. The director of the department of enterprise services shall recommend to the state building code council any changes necessary to conform the proposed rules to the requirements of this section.
(8) The state building code council shall evaluate and consider adoption of the international energy conservation code in Washington state in place of the existing state energy code.
(9) The definitions in RCW 19.27A.140 apply throughout this section.
If a code official issues an inspection correction order of noncompliance or other similar order, the code official must, upon the request of a building permit applicant or applicant's agent, provide a citation to the specific section and subsection of the law, code, or standard on which the order was based.
(1) Nothing in this chapter prohibits the code official of the local jurisdiction from approving a material, product, method of construction, design, or system if the code official of the jurisdiction finds that:
(a) The proposed design is satisfactory and complies with the intent of the provisions of the state energy code; and
(b) The material or method of construction offered is, for the purpose intended, not less than the equivalent of that prescribed in the state energy code.
(2) All data submitted to validate and substantiate compliance are subject to final approval by the code official. Final decisions under this section must be based on objective findings of fact. The code official must provide a permit applicant written notification of final decisions under this section within the timelines in RCW 36.70B.070. If not approved, the written notification must clearly explain the reasons why the data submitted to validate and substantiate compliance was found insufficient for approval. A final order, decision, or determination by the code official may be appealed using the process created by the local jurisdiction such as an appointed board of appeals or appointed hearing officer.
(3) Nothing in this section prohibits the code official of the local jurisdiction from approving a material, product, method of construction, design, or system for an individual permitted project or the approval for use on future or subsequent projects.
(4) For the purposes of this chapter, "code official" has the same meaning as in RCW 19.27.015.