AN ACT Relating to the building code council; amending RCW 19.27.015, 19.27.031, 19.27.060, 19.27.074, and 19.27.090; and creating a new section.

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

Sec. 1. Section 1, chapter 360, Laws of 1985 and RCW 19.27.015 are each amended to read as follows:

As used in this chapter:

(1) "City" means a city or town; ((~~and~~))

(2) "Multifamily residential building" means common wall residential buildings ((~~that consist of four or fewer units,~~)) that ((~~do not exceed two~~)) are less than three stories in height((~~, that are less than five thousand square feet in area, and that have a one-hour fire-resistive occupancy separation between units~~)); and

(3) "Stand-alone ordinance" means an ordinance or resolution adopted by local government, under any of the powers generally granted by the state Constitution, which effectively amends the codes enumerated in RCW 19.27.031 as adopted and amended by the state building code council as they apply to single-family or multifamily residences.

Sec. 2. Section 5, chapter 360, Laws of 1985 and RCW 19.27.031 are each amended 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.

The codes enumerated in this section shall be adopted by the council as provided in RCW 19.27.074.

The council may issue opinions relating to the codes at the request of a local building official.

Sec. 3. Section 6, chapter 96, Laws of 1974 ex. sess. as last amended by section 12, chapter 462, Laws of 1987 and RCW 19.27.060 are each amended to read as follows:

(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)(i) No proposed or enacted 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 or stand-alone ordinance adopted after December 31, 1979, shall be effective unless the amendment is approved by the building code council under RCW 19.27.074(1)(b).

(ii) Effective one year after the effective date of this act, the applicable articles, chapters, or sections of any existing, proposed, or revised stand-alone ordinance adopted by a county or city after December 31, 1979, shall be submitted to the building code council for approval. If the applicable articles, chapters, or sections of any existing, proposed, or revised stand-alone ordinance are denied by the building code council after being considered under the criteria and process developed pursuant to section 6 of this act, the ordinance shall no longer be effective. New or revised ordinances may be submitted at any time and shall be effective upon approval.

(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.

(c)(i) Any county or city may adopt an ordinance which allows the construction of owner-built residences in rural areas within their boundaries. For the purposes of this subsection, "owner-built residence" means a residence built by the owner to be occupied as the principal residence of that person or that person's family; and "rural" means a residential or agricultural area zoned for a minimum lot size of one-half of one acre or larger.

(ii) An owner-built residence ordinance must contain the following minimum requirements:

(A) No more than one building permit for an owner-built residence may be issued to a person or that person's spouse or minor children in any ten-year period;

(B) Each person applying for a building permit for an owner-built residence must provide a written statement, as part of his or her building permit application, indicating the applicant's intention to build his or her residence in accordance with the owner-builder ordinance, and stating that the structure constructed under the permit may not be sold, leased, or rented within a period of five years. The statement shall be signed and contain a provision exempting the county from any liability and the statement shall be recorded with the officer required by law to record deeds in the county once the building permit is approved;

(C) No work may be performed by general or specialty contractors, except for foundation work, and except that the owner-builder may employ licensed electricians or plumbers, whose work must comply with the state building code;

(D) Occupancy of the owner-built home shall be allowed only after successful completion of the life-safety inspection;

(E) The owner-builder is required to obtain a state electrical permit, and a sewage disposal permit and a plumbing permit if otherwise required. Permits shall be valid, without renewal, for a maximum period of three years; and

(F) Prior to any contract or agreement to sell, lease, or rent an owner-built dwelling, the seller, lessor or landlord, or his or her agent, shall give the prospective purchaser, tenant, or renter a written notice that the dwelling has been constructed under the provisions of an owner-builder ordinance and may not meet all state building code standards. The notice is required at the first sale, lease, or rental and all subsequent sales, leases, or rentals of the dwelling. Failure to provide notice shall render the contract or agreement void.

(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) 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: 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 a B occupancy as defined by the uniform building code, 1982 edition, and with a city fire insurance rating of 1, 2, or 3 as defined by a recognized fire rating bureau or organization.

(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.

Sec. 4. Section 2, chapter 360, Laws of 1985 and RCW 19.27.074 are each amended to read as follows:

(1) The state building code council shall:

(a) Adopt and maintain the codes to which reference is made in RCW 19.27.031 in a status which is consistent with the state's interest as set forth in RCW 19.27.020. In maintaining these codes, the council shall regularly review updated versions of the codes referred to in RCW 19.27.031 and other pertinent information and shall amend the codes as deemed appropriate by the council;

(b) Approve or deny ((~~all~~)) proposed or enacted county or city amendments ((~~to any code referred to in RCW 19.27.031 to the degree the amendments~~)) or stand-alone ordinances that apply to single family or multifamily residential buildings as provided in RCW 19.27.060;

(d) Propose a 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.

(2) The state building code council may:

(a) Appoint technical advisory committees which may include members of the council;

(b) Employ permanent and temporary staff and contract for services; and

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~~)) 34.05 RCW.

All council decisions relating to the codes enumerated in RCW 19.27.031 shall require approval by at least a majority of the members of the council.

All decisions to adopt or amend codes of state-wide application shall be made prior to December 1 of any year and shall not take effect before the end of the regular legislative session in the next year.

Sec. 5. Section 9, chapter 96, Laws of 1974 ex. sess. and RCW 19.27.090 are each amended to read as follows:

Local land use and zoning requirements, building setbacks, side and rear-yard requirements, site development, property line requirements, subdivision requirements, snow load requirements, wind load requirements, and local fire zones are specifically reserved to local jurisdictions notwithstanding any other provision of this ((~~1974 act~~)) chapter.

NEW SECTION. Sec. 6. The building code council shall, within one year of the effective date of this act, adopt clear criteria and develop a process for the review of proposed state-wide amendments to the codes enumerated in RCW 19.27.031, proposed or enacted local amendments to the codes enumerated in RCW 19.27.031 as amended and adopted by the state building code council, and applicable articles, chapters, or sections of any existing, proposed or revised stand-alone ordinances.

The criteria shall include, but not be limited to, the standards enumerated in RCW 19.27.020 and standards to achieve uniformity of residential codes, consideration of economic impact on the building industry and the consumer, and special consideration of amendments unique to specific jurisdictions. In developing criteria and process for the review of proposed or enacted amendments to the codes enumerated in RCW 19.27.031 as amended and adopted by the state building code council and applicable articles, chapters, or sections of any existing, proposed, or revised stand-alone ordinances, the building code council shall consult with representatives from affected parties including, but not limited to home builders, architects, governmental bodies, cities, towns, counties, building officials, and fire officials.