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                                                   SENATE BILL NO. 5466

                        _______________________________________________

                                                            AS AMENDED BY THE HOUSE

 

                                                                            C 246 L 89

 

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By Senators McCaslin, DeJarnatt and Thorsness; by request of Insurance Commissioner

 

 

Read first time 1/25/89 and referred to Committee on   Governmental Operations.

 

 


AN ACT Relating to the state building code council; amending RCW 19.27.060, 19.27.070, 36.21.070, and 36.21.080; adding new sections to chapter 19.27 RCW; and repealing RCW 36.21.040, 36.21.050, and 36.21.060.

 

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

 

        Sec. 1.  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 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 RCW 19.27.031 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).  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) 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.

          (7) (a) Effective one year after the effective date of this section, 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 the effective date of this section, the state building code council shall adopt by rule, guidelines exempting from permit requirements certain construction and alteration activities under (a) of this subsection.

 

        Sec. 2.  Section 7, chapter 96, Laws of 1974 ex. sess. as last amended by section 7, chapter 505, Laws of 1987 and RCW 19.27.070 are each amended to read as follows:

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

          (1) The state building code council shall consist of fifteen members, two of whom shall be county elected legislative body members or elected executives and two of whom shall be city elected legislative body members or mayors.  One of the members shall be a local government building code enforcement official and one of the members shall be a local government fire service official.  Of the remaining nine members, one member shall represent general construction, specializing in commercial and industrial building construction; one member shall represent general construction, specializing in residential and multifamily building construction; one member shall represent the architectural design profession; one member shall represent the structural engineering profession; one member shall represent the mechanical engineering profession; one member shall represent the construction building trades; one member shall represent manufacturers, installers, or suppliers of building materials and components; one member shall be a person with a physical disability and shall represent the disability community; and one member shall represent the general public.  At least six of these fifteen members shall reside east of the crest of the Cascade mountains.  The council shall include ((an employee of the office of the insurance commissioner)): Two members of the house of representatives appointed by the speaker of the house, one from each caucus; two members of the senate appointed by the president of the senate, one from each caucus; and an employee of the electrical division of the department of labor and industries, as ex officio, nonvoting members with all other privileges and rights of membership.  Terms of office shall be for three years.  The council shall elect 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.  Before making any appointments to the building code council, the governor shall seek nominations from recognized organizations which represent the entities or interests listed in this subsection.  Members serving on the council on July 28, 1985, may complete their terms of office.  Any vacancy shall be filled by alternating appointments from governmental and nongovernmental entities or interests until the council is constituted as required by this subsection.

          (2) Members shall not be compensated but 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. 3.  Section 36.21.070, chapter 4, Laws of 1963 as amended by section 1, chapter 134, Laws of 1987 and RCW 36.21.070 are each amended to read as follows:

          Upon receipt of ((such)) a copy of a building permit, the county assessor shall, within twelve months of the date of issue of such permit, proceed to make a physical appraisal of the building or buildings covered by the permit.

 

        Sec. 4.  Section 36.21.080, chapter 4, Laws of 1963 as last amended by section 5, chapter 319, Laws of 1987 and RCW 36.21.080 are each amended to read as follows:

          The county assessor is authorized to place any property ((under the provisions of RCW 36.21.040 through 36.21.080)) that is increased in value due to construction or alteration for which a building permit was issued, or should have been issued, under chapter 19.27, 19.27A, or 19.28 RCW or other laws providing for building permits on the assessment rolls for the purposes of tax levy up to August 31st of each year.  The assessed valuation of the property ((under the provisions of RCW 36.21.040 through 36.21.080)) shall be considered as of July 31st of that year.

 

          NEW SECTION.  Sec. 5.  A new section is added to chapter 19.27 RCW to read as follows:

          A copy of any permit obtained under the state building code for construction or alteration work of a total cost or fair market value in excess of five hundred dollars, shall be transmitted by the issuing authority to the county assessor of the county where the property on which the construction or alteration work is located.  The building permit shall contain the county assessor's parcel number.

 

          NEW SECTION.  Sec. 6.  A new section is added to chapter 19.27 RCW to read as follows:

          Every month a copy of the United States department of commerce, bureau of the census' "report of building or zoning permits issued and local public construction" or equivalent report shall be transmitted by the governing bodies of counties and cities to the department of community development.

 

          NEW SECTION.  Sec. 7.  A new section is added to chapter 19.27 RCW to read as follows:

          Any county of the seventh class that had in effect on July 1, 1985, an ordinance or resolution authorizing and regulating the construction of owner-built residences may reenact such an ordinance or resolution if the ordinance or resolution is reenacted before September 30, 1989.  After reenactment, the county shall transmit a copy of the ordinance or resolution to the state building code council.

 

          NEW SECTION.  Sec. 8.  The following acts or parts of acts are each repealed:

                   (1) Section 36.21.040, chapter 4, Laws of 1963 and RCW 36.21.040;

          (2) Section 36.21.050, chapter 4, Laws of 1963 and RCW 36.21.050; and

          (3) Section 36.21.060, chapter 4, Laws of 1963, section 1, chapter 318, Laws of 1985 and RCW 36.21.060.


                                                                                                                           Passed the Senate April 17, 1989.

 

                                                                                                                                       President of the Senate.

 

                                                                                                                           Passed the House April 12, 1989.

 

                                                                                                                                         Speaker of the House.