BILL REQ. #:  H-2117.1 

READ FIRST TIME 03/03/03.   

     AN ACT Relating to state building codes; amending RCW 19.27.031, 19.27.080, and 19.27.110; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) The intent of the adoption of the International Building Code by the legislature is to remain consistent with state laws regulating construction, including electrical, plumbing, and energy codes established in chapters 19.27, 19.27A, and 19.28 RCW. The International Building Code references the International Residential Code for provisions related to the construction of single and multiple-family dwellings. No portion of the International Residential Code shall supersede or take precedent over provisions in chapter 19.28 RCW, regulating the electrical code; nor provisions in RCW 19.27.031(4), regulating the plumbing code; nor provisions in chapter 19.27A RCW, regulating the energy code.
     (2) It is in the state's interest and consistent with the state building code act to have in effect provisions regulating the construction of single and multiple-family residences. It is the legislative intent that the state building code council adopt the International Residential Code through rule making granted in RCW 19.27.074, consistent with state law regulating construction for electrical, plumbing, and energy codes, and other state and federal laws regulating single and multiple-family construction.
     (3) In accordance with RCW 19.27.020, the state building code council shall promote fire and life safety in buildings consistent with accepted standards. In adopting the codes for the state of Washington, the state building code council shall consider provisions related to fire fighter and worker safety published by nationally recognized organizations. The state building code council shall review all nationally recognized codes and develop amendments as set forth in RCW 19.27.074, to incorporate accepted minimum safety requirements.

Sec. 2   RCW 19.27.031 and 1995 c 343 s 1 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)) (a) The International Building Code ((and Uniform Building Code Standards)), published by the International ((Conference of Building Officials)) Code Council Inc.;
     (b) The International Residential Code, published by the International Code Council, Inc.;
     (2) ((Uniform)) The International Mechanical Code, ((including Chapter 13, Fuel Gas Piping, Appendix B,)) published by the International ((Conference of Building Officials)) Code Council Inc., except that the standards for liquified petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquified Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code);
     (3) The ((Uniform)) International Fire Code ((and Uniform Fire Code Standards)), published by the International ((Fire Code Institute)) Code Council Inc., including applicable standards of the National Fire Protection Association or other nationally recognized fire safety standards: PROVIDED, That, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying hand-held candles;
     (4) Except as provided in RCW 19.27.170, the Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials: PROVIDED, That ((chapters 11 and 12)) any provisions of such code affecting sewers or fuel gas piping 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)) disabled 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 shall solicit input from first responders to ensure that worker safety issues are addressed during the code adoption process.
     The council may issue opinions relating to the codes at the request of a local official charged with the duty to enforce the enumerated codes.

Sec. 3   RCW 19.27.080 and 1990 c 33 s 555 are each amended to read as follows:
     Nothing in this chapter affects the provisions of chapters 19.27A, 19.28, 43.22, 70.77, 70.79, 70.87, 48.48, 18.20, 18.46, 18.51, 28A.305, 70.41, 70.62, 70.75, 70.108, 71.12, 74.15, 70.94, 76.04, 90.76 RCW, or RCW 28A.195.010, or grants rights to duplicate the authorities provided under chapters 70.94 or 76.04 RCW.

Sec. 4   RCW 19.27.110 and 1975-'76 2nd ex.s. c 37 s 1 are each amended to read as follows:
     Each county government shall administer and enforce the ((uniform)) International Fire Code in the unincorporated areas of the county: PROVIDED, That any political subdivision or municipal corporation providing fire protection pursuant to RCW 14.08.120 shall, at its sole option, be responsible for administration and enforcement of the ((uniform)) International Fire Code on its facility. Any fire protection district or political subdivision may, pursuant to chapter 39.34 RCW, the interlocal cooperation act, assume all or a portion of the administering responsibility and coordinate and cooperate with the county government in the enforcement of the ((uniform)) International Fire Code.
     It is not the intent of RCW 19.27.110 and 19.27.111 to preclude or limit the authority of any city, town, county, fire protection district, state agency, or political subdivision from engaging in those fire prevention activities with which they are charged.
     It is not the intent of the legislature by adopting the state building code or RCW 19.27.110 and 19.27.111 to grant counties any more power to suppress or extinguish fires than counties currently possess under the Constitution or other statutes.
     Each county is authorized to impose fees sufficient to pay the cost of inspections, administration, and enforcement pursuant to RCW 19.27.110 and 19.27.111.