BILL REQ. #:  H-4827.1 

     AN ACT Relating to the liability of county and city governments for failure to enforce building codes; amending RCW 19.27.020 and 19.27.050; adding a new section to chapter 19.27 RCW; adding new sections to chapter 35.21 RCW; adding new sections to chapter 35A.21 RCW; and adding new sections to chapter 36.01 RCW.

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

Sec. 1   RCW 19.27.020 and 1985 c 360 s 6 are each amended to read as follows:
     The purpose of this chapter is to promote the health, safety and welfare of the occupants or users of buildings and structures and the general public by the provision of building codes throughout the state and by allowing a cause of action for damages based on the negligent failure of a county or city to enforce the provisions of the state building code. Accordingly, this chapter is designed to effectuate the following purposes, objectives, and standards:
     (1) To require minimum performance standards and requirements for construction and construction materials, consistent with accepted standards of engineering, fire and life safety.
     (2) To require standards and requirements in terms of performance and nationally accepted standards.
     (3) To permit the use of modern technical methods, devices and improvements.
     (4) To eliminate restrictive, obsolete, conflicting, duplicating and unnecessary regulations and requirements which could unnecessarily increase construction costs or retard the use of new materials and methods of installation or provide unwarranted preferential treatment to types or classes of materials or products or methods of construction.
     (5) To provide for standards and specifications for making buildings and facilities accessible to and usable by ((physically disabled persons)) individuals with disabilities.
     (6) To consolidate within each authorized enforcement jurisdiction, the administration and enforcement of building codes.

Sec. 2   RCW 19.27.050 and 1985 c 360 s 9 are each amended to read as follows:
     (1) The state building code required by this chapter shall be enforced by the counties and cities. A county or city is liable for damages caused by their negligent failure to enforce the provisions of the state building code. The liability of a county or city is limited to fifty percent of the actual damages proved.
     (2) Any county or city not having a building department shall contract with another county, city, or inspection agency approved by the county or city for enforcement of the state building code within its jurisdictional boundaries.

NEW SECTION.  Sec. 3   A new section is added to chapter 19.27 RCW to read as follows:
     Notwithstanding the provisions of RCW 7.06.010 and 7.06.020, all actions, regardless of the amount in claim, for damages resulting from the negligent failure of a county or city to enforce the provisions of the state building code are subject to mandatory arbitration.

NEW SECTION.  Sec. 4   A new section is added to chapter 35.21 RCW to read as follows:
     (1)(a) As provided in this section, a city must refund building permit fees to the applicant when the inspector who inspects the facility on behalf of the city to which the permit applies fails to require the builder to remedy building code violations documented through the inspection.
     (b) If the cost to remedy the documented code violations is less than the amount of the applicable building permit, the amount refunded by the city must equal the cost of the actions necessary to remedy the violations. If the cost to remedy the documented violations is equal to or greater than the amount of the applicable building permit, the city must refund the full permit fee.
     (2) Nothing in this section confers immunity upon a city or otherwise relieves a city from damages resulting from the failure of the city to properly discharge duties mandated under law.

NEW SECTION.  Sec. 5   A new section is added to chapter 35A.21 RCW to read as follows:
     (1)(a) As provided in this section, a code city must refund building permit fees to the applicant when the inspector who inspects the facility on behalf of the code city to which the permit applies fails to require the builder to remedy building code violations documented through the inspection.
     (b) If the cost to remedy the documented code violations is less than the amount of the applicable building permit, the amount refunded by the code city must equal the cost of the actions necessary to remedy the violations. If the cost to remedy the documented violations is equal to or greater than the amount of the applicable building permit, the code city must refund the full permit fee.
     (2) Nothing in this section confers immunity upon a code city or otherwise relieves a code city from damages resulting from the failure of the code city to properly discharge duties mandated under law.

NEW SECTION.  Sec. 6   A new section is added to chapter 36.01 RCW to read as follows:
     (1)(a) As provided in this section, a county must refund building permit fees to the applicant when the inspector who inspects the facility on behalf of the county to which the permit applies fails to require the builder to remedy building code violations documented through the inspection.
     (b) If the cost to remedy the documented code violations is less than the amount of the applicable building permit, the amount refunded by the county must equal the cost of the actions necessary to remedy the violations. If the cost to remedy the documented violations is equal to or greater than the amount of the applicable building permit, the county must refund the full permit fee.
     (2) Nothing in this section confers immunity upon a county or otherwise relieves a county from damages resulting from the failure of the county to properly discharge duties mandated under law.

NEW SECTION.  Sec. 7   A new section is added to chapter 35.21 RCW to read as follows:
     Upon receipt of an application for a building permit, a city must: (1) Notify the applicant of the municipal fire department or fire district that serves the property to which the application applies; and (2) notify the applicant if a fire truck is unable to serve that property. Notifications required under this section must be made to the permit applicant within fourteen days of the city's receipt of an application.

NEW SECTION.  Sec. 8   A new section is added to chapter 35A.21 RCW to read as follows:
     Upon receipt of an application for a building permit, a code city must: (1) Notify the applicant of the municipal fire department or fire district that serves the property to which the application applies; and (2) notify the applicant if a fire truck is unable to serve that property. Notifications required under this section must be made to the permit applicant within fourteen days of the code city's receipt of an application.

NEW SECTION.  Sec. 9   A new section is added to chapter 36.01 RCW to read as follows:
     Upon receipt of an application for a building permit, a county must: (1) Notify the applicant of the municipal fire department or fire district that serves the property to which the application applies; and (2) notify the applicant if a fire truck is unable to serve that property. Notifications required under this section must be made to the permit applicant within fourteen days of the county's receipt of an application.