AN ACT Relating to building codes; amending RCW 19.27.020, 19.27.030, 19.27.050, 19.27.060, 19.27.070, 19.27.075, 19.27.120, 19.27.300, 19.27.420, 19.27.450, and 19.27.460; adding new sections to chapter 19.27 RCW; recodifying RCW 19.27.030, 19.27.075, 19.27.130, 19.27.200, 19.27.210, 19.27.220, 19.27.230, 19.27.240, 19.27.250, 19.27.260, 19.27.270, 19.27.280, 19.27.290, 19.27.300, 19.27.310, 19.27.320, 19.27.410, 19.27.420, 19.27.430, 19.27.440, 19.27.450, 19.27.460, and 19.27.905; and repealing RCW 19.27.040.

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

NEW SECTION. Sec. 1. A new section is added to chapter 19.27 RCW to read as follows:

The state building code council shall:

(1) Adopt all updated versions of the codes to which reference is made in section 5 of this act, after receiving the recommendation of the technical advisory committee: PROVIDED, That after receiving such recommendations, the council may alter and adopt an updated version of the codes without receiving specific recommendations on the alterations;

(2) Adopt amendments to the codes to which reference is made in section 5 of this act, after receiving the advice of the technical advisory committee;

(3) Approve or deny all county or city amendments to any code to which reference is made in section 5 of this act to the degree the amendments apply to single family or duplex residential buildings, after receiving the advice of the technical advisory committee, as provided in RCW 19.27.060;

(4) Develop and adopt any codes relating to buildings as authorized by the legislature after receiving recommendations by the technical advisory committee: PROVIDED, That after receiving such recommendations, the council may alter a proposed code without receiving specific recommendations on the alterations;

(5) Conduct research, utilizing the technical advisory committee, into matters relating to any code or codes to which reference is made in section 5 of this act or any related matter; and

(6) Prepare a proposed biennial 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.

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 34.04 RCW.

NEW SECTION. Sec. 2. A new section is added to chapter 19.27 RCW to read as follows:

There is hereby created a technical advisory committee to the state building code council. The committee shall consist of ten members, eight of whom are appointed by the state building code council. Two of the members, one representing local government building code enforcement professionals and one representing local government fire service officials, shall serve by virtue of being appointed to the state building code council by the governor as provided in RCW 19.27.070. Five of the initial appointees shall serve terms of one and one-half years. Three of the initial appointees and all subsequent appointees shall serve three-year terms. The two members who serve by virtue of being on the state building code council shall only serve while remaining on the council. Members shall represent the following interests or groups:

(1) Local government building code enforcement professionals;

(2) Local government fire service officials;

(3) Design and engineering professions;

(4) Contractors;

(5) Trades;

(6) Manufacturers and installers of materials and components; and

(7) The physically handicapped.

No group shall have more than two members on the technical advisory committee. The technical advisory committee shall select a chairperson to serve a one-year term.

The technical advisory committee shall review all matters identified in section 1 (1) through (5) of this act and shall provide a recommendation to the council on any such matters in a timely fashion. The technical advisory committee shall hear and decide appeals from the local appeals boards relating to interpretations of the state building code.

The department of community development shall provide administrative and clerical assistance to the technical advisory committee.

NEW SECTION. Sec. 3. A new section is added to chapter 19.27 RCW to read as follows:

The building code council account is hereby established in the general fund. On July 1, 1985, and on the first day of each biennium thereafter, the state treasurer shall transfer ..... dollars from the general fund to the building code council account. At the end of each biennium any unexpended money in the building code council account shall be transferred to the general fund. Moneys in the building code council account may be spent only after appropriation by the legislature. Moneys in the building code council account are subject to the allotment procedure provided in chapter 43.88 RCW.

NEW SECTION. Sec. 4. A new section is added to chapter 19.27 RCW to read as follows:

As used in this chapter, the term "city" shall include all cities and towns.

NEW SECTION. Sec. 5. A new section is added to chapter 19.27 RCW 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 Building Code and Uniform Building Code Standards, 1982 edition, published by the International Conference of Building Officials;

(2) Uniform Mechanical Code, 1982 edition, including Chapter 22, Fuel Gas Piping, Appendix B, published by the International Conference of Building Officials;

(3) The Uniform Fire Code and Uniform Fire Code Standards, 1982 edition, published by the International Conference of Building Officials and the Western Fire Chiefs Association: PROVIDED, That, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying hand-held candles;

(4) The Uniform Plumbing Code and Uniform Plumbing Code Standards, 1982 edition, 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.

Sec. 6. Section 2, chapter 96, Laws of 1974 ex. sess. and RCW 19.27.020 are each amended to read as follows:

The purpose of this chapter is to ((~~provide building codes throughout the state. This chapter is designed to effectuate the following purposes, objectives and standards:~~

~~(1) 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:

((~~(2)~~)) (1) To require minimum performance standards and requirements for construction and construction materials, consistent with accepted standards of engineering, fire and life safety.

((~~(3)~~)) (2) To require standards and requirements in terms of performance and nationally accepted standards.

((~~(4)~~)) (3) To permit the use of modern technical methods, devices and improvements.

((~~(5)~~)) (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.

((~~(6)~~)) (5) To provide for standards and specifications for making buildings and facilities accessible to and usable by physically handicapped persons.

((~~(7)~~)) (6) To consolidate within each authorized enforcement jurisdiction, the administration and enforcement of building codes.

Sec. 7. Section 3, chapter 96, Laws of 1974 ex. sess. as last amended by section 1, chapter 101, Laws of 1984 and RCW 19.27.030 are each amended to read as follows:

There shall be in effect in all counties and cities((~~, towns, and counties~~)) of the state ((~~a state building code which shall consist of the following codes which are hereby adopted by reference:~~

~~(1) Uniform Building Code and Uniform Building Code Standards, 1982 edition, published by the International Conference of Building Officials;~~

~~(2) Uniform Mechanical Code, 1982 edition, including Chapter 22, Fuel Gas Piping, Appendix B, published by the International Conference of Building Officials;~~

~~(6)~~)) the thermal performance and design standards for dwellings as set forth in RCW 19.27A.--- through 19.27A.--- (RCW 19.27.210 through 19.27.290 as recodified). This ((~~subsection~~)) section shall be of no further force and effect when RCW 19.27A.--- through 19.27A.--- (RCW 19.27.200 through 19.27.290 as recodified) expire as provided in RCW 19.27A.--- (RCW 19.27.300 as recodified).

((~~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.~~))

Sec. 8. Section 5, chapter 96, Laws of 1974 ex. sess. and RCW 19.27.050 are each amended to read as follows:

The state building code ((~~provided for in~~)) required by this chapter shall be ((~~administered and~~)) enforced by the ((~~respective governmental authorities~~)) counties and cities. Any ((~~governmental subdivision~~)) county or city not having a ((~~local~~)) building department ((~~may~~)) shall contract with another ((~~governmental subdivision~~)) county, city, or inspection agency approved by the ((~~local governmental body~~)) county or city for ((~~administration and~~)) enforcement of the state building code within its jurisdictional boundaries. Any such contract shall be in accordance with chapter 39.34 RCW, the interlocal cooperation act.

Sec. 9. Section 6, chapter 96, Laws of 1974 ex. sess. as last amended by section 5, chapter 12, Laws of 1981 2nd ex. sess. and RCW 19.27.060 are each amended to read as follows:

(1) ((Except as permitted or provided otherwise under the provisions of RCW 19.27.040 and subsections (3), (4), (5), and (6) of this section, the state building code supersedes all county, city or town building regulations containing)) The governing bodies of counties and cities may amend the codes enumerated in section 5 of this 1985 act 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. No amendment to a code enumerated in section 5 of this 1985 act that affects single family or duplex residential buildings shall be effective unless the amendment is approved by the building code council as provided in section 1 of this 1985 act.

(2) Except as permitted or provided otherwise under ((~~the provisions of RCW 19.27.040 and subsections (3), (4), (5), and (6) of~~)) this section, the state building code shall be applicable to all buildings and structures including those owned by the state or by any ((~~other~~)) governmental subdivision or unit of local government.

(3) The governing body of each county or city((~~, town or county~~)) may limit the application of any ((~~rule or regulation or~~)) portion of the state building code to ((~~include or~~)) exclude specified classes or types of buildings or structures((,)) according to use((~~, occupancy, or such other distinctions as may make differentiation or separate classification or regulation necessary, proper, or desirable~~)) other than single family or duplex 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 ((~~an F~~)) a B occupancy as defined by the uniform building code, ((~~chapter 6, 1973~~)) 1982 edition, and with a city fire insurance ((~~classification~~)) rating of 1, 2, or 3 as defined by a recognized fire rating bureau or organization.

(5) ((~~The~~)) No provision((s)) of the uniform fire code concerning ((~~access~~)) roadways ((~~for fire department apparatus applying to dwellings which are classified as group R, division 3 occupancies or group M occupancies in the 1976 edition of the uniform building code,~~)) shall be ((~~applied at the discretion of the governing body of each city, town or county~~)) 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 are preempted by any physical standards adopted by the state jail commission under RCW 70.48.050 when the code provisions relating to the installation or use of sprinklers in the cells conflict with the standards and the secure and humane operation of jails.

Sec. 10. Section 7, chapter 96, Laws of 1974 ex. sess. as last amended by section 55, chapter 287, Laws of 1984 and RCW 19.27.070 are each amended to read as follows:

There is hereby established a state building code ((~~advisory~~)) council to be appointed by the governor.

(1) The state building code ((~~advisory~~)) council shall consist of ((~~the director of the department of labor and industries, or his designee, and the insurance commissioner, or his designee, and~~)) thirteen ((~~additional~~)) members ((~~who shall be broadly representative of the general public, local government, and of the industries and professions concerned with building design and construction~~)), seven of whom shall be county or city elected legislative body members or elected executives. No more than four of the elected officials on the council shall be elected city officials, and no more than four of the elected officials shall be elected county officials. One of the members shall be a local government building code enforcement professional and one of the members shall be a local government fire service official, which members shall also serve on the technical advisory committee as provided in section 2 of this 1985 act. The other four members shall be representative of industries and professions concerned with building design and construction. At least five of these thirteen members shall reside east of the crest of the Cascade mountains. The council shall include an employee of the office of the insurance commissioner and an employee of the department of labor and industries, as ex officio, nonvoting members. The council may include other state officials as ex officio, nonvoting members. The board shall report annually to the governor and the legislature on the operation and administration of this chapter. The governor shall designate a member to serve as chair of the council for one-year terms of office. Any member who is appointed by virtue of being an elected official or holding public employment shall be removed from the council if he or she ceases being such an elected official or holding such public employment.

(2) Members shall be compensated in accordance with RCW 43.03.240 and shall receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

(3) The department of community development shall provide administrative and clerical assistance to the building code council.

Sec. 11. Section 3, chapter 76, Laws of 1979 ex. sess. and RCW 19.27.075 are each amended to read as follows:

The state building code ((~~advisory~~)) council shall have authority to promulgate rules, pursuant to chapter 34.04 RCW, for the purpose of adopting a state-wide thermal efficiency and lighting code to the extent necessary to comply with Title 10, Code of Federal Regulations, section 420.35. Such code shall take into account regional climatic conditions; shall take effect prior to June 30, 1980; and shall be presented to the senate and house committees on energy and utilities at the time it is proposed as a draft rule.

Sec. 12. Section 1, chapter 11, Laws of 1975-'76 2nd ex. sess. and RCW 19.27.120 are each amended to read as follows:

Repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, or continued use of a building or structure may be made without conformance to all of the requirements of the codes adopted under ((~~RCW 19.27.030~~)) section 5 of this 1985 act, when authorized by the appropriate building official, provided:

(1) The building or structure has been designated by official action of a legislative body as having special historical or architectural significance; and

(2) The restored building or structure will be less hazardous, based on life and fire risk, than the existing building.

Sec. 13. Section 14, chapter 14, Laws of 1977 ex. sess. and RCW 19.27.300 are each amended to read as follows:

RCW 19.27A.--- through 19.27A.--- (RCW 19.27.200 through 19.27.290 as recodified), as now or hereafter amended, shall expire at such time as the thermal performance standards are incorporated in the uniform building code and related standards as published by the international conference of building officials, and adopted by the legislature of the state of Washington.

Sec. 14. Section 2, chapter 134, Laws of 1983 and RCW 19.27.420 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 19.27A.--- through 19.27A.--- (RCW 19.27.420 through 19.27.460 as recodified).

(1) "Portable oil-fueled heater" means any nonflue-connected, self-contained, self-supporting, oil-fueled, heating appliance equipped with an integral reservoir, designed to be carried from one location to another.

(2) "Oil" means any liquid fuel with a flash point of greater than one hundred degrees Farenheit, including but not limited to kerosene.

(3) "Listed" means any portable oil-fueled heater which has been evaluated in accordance with the Underwriters Laboratories, Inc. standard for portable oil-fueled heaters or an equivalent standard and with respect to reasonably foreseeable hazards to life and property by a nationally recognized testing or inspection agency, such as Underwriters Laboratories, Inc., and which has been authorized as being reasonably safe for its specific purpose and shown in a list published by such agency and/or bears the mark, name, and/or symbol of such agency as indication that it has been so authorized. Such evaluation shall include but not be limited to evaluation of the requirements hereinafter set forth.

(4) "Approved" means any listed portable oil-fueled heater which is deemed approved if it satisfies the requirements set forth herein or adopted under RCW 19.27A.--- through 19.27A.--- (RCW 19.27.420 through 19.27.460 as recodified) and if the supplier certifies to the authority having jurisdiction over the sale and use of the heater that it is listed and in compliance with RCW 19.27A.--- through 19.27A.--- (RCW 19.27.420 through 19.27.460 as recodified).

(5) "Structure" means any building or completed construction of any kind included in state building code groups M, R-1, R-3, B-4 and B-2 occupancies, except sleeping rooms and bathrooms: PROVIDED, HOWEVER, That in B-2 occupancies, approved portable oil-fueled heaters shall only be used under permit of the fire chief.

(6) "Supplier" means any party offering to sell to retailers or to the general public approved portable oil-fueled heaters.

Sec. 15. Section 5, chapter 134, Laws of 1983 and RCW 19.27.450 are each amended to read as follows:

The state fire marshal is the only authority having jurisdiction over the approval of portable oil-fueled heaters. The sale and use of portable oil-fueled heaters is governed exclusively by RCW 19.27A.--- through 19.27A.--- (RCW 19.27.420 through 19.27.460 as recodified): PROVIDED, That cities and counties may adopt local standards as provided in RCW 19.27A.--- (RCW 19.27.040 as recodified).

Sec. 16. Section 6, chapter 134, Laws of 1983 and RCW 19.27.460 are each amended to read as follows:

The penalty for failure to comply with RCW 19.27A.--- through 19.27A.--- (RCW 19.27.420 through 19.27.460 as recodified) is a misdemeanor.

NEW SECTION. Sec. 17. RCW 19.27.030, 19.27.075, 19.27.130, 19.27.200, 19.27.210, 19.27.220, 19.27.230, 19.27.240, 19.27.250, 19.27.260, 19.27.270, 19.27.280, 19.27.290, 19.27.300, 19.27.310, 19.27.320, 19.27.410, 19.27.420, 19.27.430, 19.27.440, 19.27.450, 19.27.460, and 19.27.905 are each recodified as a new chapter in Title 19 to be designated chapter 19.27A RCW.

NEW SECTION. Sec. 18. Section 4, chapter 96, Laws of 1974 ex. sess., section 12, chapter 14, Laws of 1977 ex. sess. and RCW 19.27.040 are each repealed.