HOUSE BILL REPORT

SB 5466

As Amended by the House

BYSenators McCaslin, DeJarnatt and Thorsness; by request of Insurance Commissioner

Removing an employee of the insurance commissioner from the building code council.

House Committe on Housing

Majority Report:  Do pass with amendments.  (7)

      Signed by Representatives Nutley, Chair; Leonard, Vice Chair; Winsley, Ranking Republican Member; Anderson, Padden, Rector and Todd.

House Staff:Kenny Pittman (786-7392)

AS PASSED HOUSE APRIL 12, 1989

BACKGROUND:

Legislation was enacted in 1955 requiring counties to issue building permits for the construction or alteration of any building where the value of the materials exceed $500.  A copy of the building permit was required to be forwarded to the county assessor who was authorized to make a physical appraisal of the work and place any new valuation on the property tax rolls. The building permits issued by counties were not subject to building standards or requirements.

In 1975, the Legislature enacted the State Building Code Act. A State Building Code was adopted that included the then recent editions of the Uniform Building Code, Uniform Mechanical Code, and Uniform Fire Code. These uniform codes are comprehensive sets of technical standards that guide the construction of residential, commercial, and industrial buildings and structures in the state.

As part of the State Building Code Act, the State Building Code Council was created to develop and maintain the various codes that comprise the State Building Code.  The State Building Code Council was originally created by the Legislature in 1975, as an advisory body. In 1985, legislation was passed that changed the State Building Code Council's responsibilities from advisory to rule making.

The duties of the State Fire Marshal were performed by the Insurance Commissioner.  In 1985 the Legislature transferred the duties of the State Fire Marshal to a newly created State Fire Protection Board.  As part of the State Building Code Council's change from an advisory to rule making body, the State Fire Protection Board was incorporated into the Department of Community Development.

Prior to 1985, several counties had adopted ordinances or resolutions that guided the construction of residential structures by the owner.  These ordinances or resolutions usually established administrative and construction requirements for single family dwelling units that were built and occupied by the owner.  In response to several legal opinions, some counties repealed their ordinances or resolutions that established construction requirements for single family dwelling units built and occupied by the owner.

SUMMARY:

The 1955 statutes requiring counties to issue building permits is repealed.  Counties, cities, and towns are required to transmit a copy of any permit issued under the State Building Code Act, where the cost of fair market value of the construction or alteration exceeds $500, to the county assessor of the county in which the property subject is located.  The building permit must contain the county assessor's parcel number.

After June 30, 1990, counties, cities, and towns are authorized to exempt from the requirement to obtain a building permit, certain construction or alteration work on either single family residential or agricultural buildings or both.  The permit exemption must be approved by a resolution or ordinance of the county, city, or town.  The exemption is limited to activity where the total cost or fair market value of the construction or alteration work does not exceed $1,500.  The construction or alteration work must still meet the standards of the State Building Code.

The State Building Code Council is directed to adopt guidelines, by rule, establishing the type of construction or alteration work on single family residential or agricultural buildings that can be exempted from the permit requirements of counties, cities, and towns.

Counties, cities, and towns are required to submit, every month, a copy of the U.S. Department of Commerce, Bureau of the Census' Report of Building or Zoning Permit Issued and Local Public Construction to the Department of Community Development.

The State Building Code Council's ex-officio, nonvoting membership is revised.  The representative from the Insurance Commissioner's Office is removed from the State Building Code Council. In addition, two members of the House of Representatives, one from each caucus and two members from the Senate, one from each caucus, are appointed to the State Building Code Council as ex-officio, nonvoting members.

Counties of the seventh class that had in effect on July 1, 1985, an adopted ordinance or resolution that guided the construction of residential structures by the owner may reenact such an ordinance or resolution.  Counties have until September 30, 1989, to reenact the ordinance or resolution.  Copies of the reenacted ordinance or resolution shall be transmitted by the county to the State Building Code Council for their records.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Otto Jensen, Washington State Association of Fire Chiefs (with concern).

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The original purpose was to allow the State Fire Marshal to sit on the State Building Code Council.  The position was moved from the Insurance Commissioner's Office and renamed the Director of Fire Protection.  The current State Fire Marshal (Director of Fire Protection) should sit on the State Building Code Council as an ex-officio nonvoting member.

House Committee - Testimony Against:      None Presented.