HOUSE BILL REPORT

ESSB 5905

As Amended by the House

BYSenate Committee on Energy & Utilities (originally sponsored by Senators Benitz, Bender, Amondson, Smitherman, Owen and Anderson)

Modifying building code council authority.

House Committe on Housing

Majority Report:  Do pass with amendments.  (8)

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

House Staff:Kenny Pittman (786-7392)

Rereferred House Committee on Appropriations

Majority Report:  Do pass as amended by Committee on Housing as such amendments are amended by Committee on Appropriations.  (22)

      Signed by Representatives Locke, Chair; H. Sommers, Vice Chair; Youngsman, Assistant Ranking Republican Member; Appelwick, Belcher, Bowman, Brekke, Bristow, Dorn, Ferguson, Hine, May, McLean, Nealey, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

House Staff:      Susan Nakagawa (786-7136)

AS PASSED HOUSE APRIL 13, 1989

BACKGROUND:

The State Building Code as adopted by the 1985 Legislature includes the 1982 editions of the Uniform Building Code and Standards, the Uniform Mechanical Code, the Uniform Fire Code and Standards, and the Uniform Plumbing Code and Standards. These uniform codes are comprehensive sets of technical standards published by the International Conference of Building Officials, the International Association of Plumbing and Mechanical Officials, and the Western Fire Chiefs Association. Amendments to these codes are published annually and new editions are published every three years.

Counties and cities are authorized to amend the uniform codes that comprise the State Building Code. Local code amendments proposed by counties and cities cannot diminish the minimum performance standards of the uniform codes. Proposed local code amendments that affect single family and multifamily residential buildings must be submitted to the State Building Code Council for approval.

Presently, counties and cities can effectively add or alter construction requirements to buildings and structures through the use of a "Stand alone Ordinance." The existing language in the State Building Code Act does not require counties and cities to be submitted to the State Building Code Council for approval. The use of stand alone ordinances to add or alter construction requirements to buildings and structures has been cited as a major hindrance in achieving uniformity in State Building Code.

SUMMARY:

The State Building Code Act is amended to provide for automatic adoption, subject to revision by the State Building Code Council of the current editions of the Uniform Building Code and Standards, the Uniform Mechanical Code, the Uniform Plumbing Code and Standards, and the Uniform Fire Code and Standards.

The State Building Code Council is required to adopt a process for the review of proposed state-wide amendments, and local code amendments that adds or alters the construction requirements to buildings and structures contained in the uniform codes that comprise the State Building Code.

The State Building Code Council is required to conduct a study to identify and define stand alone ordinances adopted by counties and cities that add or alter construction requirements to the uniform codes that comprise the State Building Code.  To aid in data collection for the study, counties and cities are required to submit copies of fire suppression ordinances in effect on March 31, 1989, to the State Building Code Council.  The State Building Code Council is to prepare a report on the extent and impact of fire suppression ordinances in the state.  The report is to be submitted to the House of Representatives' Committee on Housing and Senate Governmental Operations Committee by November 1, 1989.

Fiscal Note:      Requested March 31 1989.

House Committee ‑ Testified For:    (Housing)  Claudia Elwell, Danah Feldman, Rod Morgan, Ron Norman, Sandy Bishop, Rhea Miller, Oscar Smaalders, and Alie Smaalders (All from Shelter, exclusively for the owner-built ordinance); Larry Sundquist, Building Industry Association of Washington; and Dennis Riebe, Building Industry Association of Washington.

(Appropriations)  None Presented.

House Committee - Testified Against:      (Housing)  Kermit Robinson, City of Seattle; Reed Ockey, Spokane County; Robert Goodhue, Thurston County; Karen Vialle, Councilmember, City of Tacoma; Greg Nickels, Councilmember, King County; Doug Bohlke, Sheetmetal Contractor's Association; Blair Patrick, Washington Association of Building Officials; David Williams, Association of Cities; Tom Fieldstead, City of Kirkland; Larry Glen, City of Port Angeles; Otto Jensen, Washington State Association of Fire Chiefs; Michael Gale, King County Fire District  36; Jim O'Dell, King County Fire District  36; and Gary Lowe, Washington State Association of Counties.

(Appropriations)  None Presented.

House Committee - Testimony For:    (Housing)  The construction of a single family dwelling unit by the owner should be encouraged and not discouraged. Counties were able to pass ordinances to allow this. Now everything must be built to the state codes and this limits the ability of the owner-builder to build at lower costs.  The laws as presently written drive up the costs and do not allow the use of used materials by the owner.

Counties and cities are exceeding the State Building Code standards by passed ordinances that add additional construction requirements to the development process.  By using the ordinance or resolution approach the State Building Code Council does not review the actions for consistency or uniformity with the State Building Code.  The need for consistency and uniformity of the codes would be addressed if ordinances were submitted to the State Building Code Council for review and approval.

(Appropriations)  None Presented.

House Committee - Testimony Against:      (Housing)  The State Building Code allows an owner to build their own home.  The only requirement is that the work meet the requirements of the State Building Code. Local building officials have existing authority to allow alternative materials in construction.

The bill would limit the local governments ability to address with fire, life, and safety issues that are unique to the area.  The State Building Code is a bare minimum set of construction standards.  The definition of a stand alone ordinance provided in the bill would have a major financial impact on local governments.  The research required to review zoning, subdivision, SEPA, grading, and other regulations would involve an extensive amount of time.  The impact on the State Building Code Council's workload and process is unknown.

(Appropriations)  None Presented.