BILL REQ. #:  S-5315.1 

READ FIRST TIME 02/08/08.   

     AN ACT Relating to the state building code; and amending RCW 19.27.020 and 19.27.050.

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 grossly 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. Building inspectors owe a duty of care to uphold the provisions of the state building code. If a building inspector or someone acting in the capacity of a building inspector, in the course of his or her work, breaches that duty and that breach results in damage to new residential construction compromising the health, safety, or welfare of the homeowner, then the city or county may be held liable for that building inspector's gross negligence.
     (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.