The State Building Code.
The State Building Code (SBC) establishes minimum statewide performance standards and requirements for building construction and construction materials in the state, consistent with accepted standards of engineering, fire, and life safety. The State Building Code Council (SBCC) is responsible for updating, maintaining, and amending the SBC. The SBC is comprised of a number of model codes and standards, which are adopted by reference in the State Building Code Act (Act). Model codes and standards adopted in the Act include the International Building Code, the International Residential Code, the Uniform Plumbing Code, and the Uniform Plumbing Code Standards.
The International Wildland-Urban Interface Code.
The International Wildland-Urban Interface (WUI) Code is a model code, which supplements a jurisdiction's building and fire codes, developed and published by the International Code Council, Inc. (ICC). The ICC is a nonprofit organization that develops and publishes model codes for building, construction, and design standards. Updates to the codes are developed and published on a three-year cycle.
The International WUI Code establishes minimum regulations for land use and the built environment in designated wildland-urban interface areas for the stated purpose of mitigating wildfire hazards. The International WUI Code applies to the construction, alteration, movement, repair, maintenance, and use of any building, structure, or premises within the wildland-urban interface areas of a jurisdiction. "Wildland-urban interface area" is defined in the International WUI Code as the geographical area where structures and other human developments meet or intermingle with wildland or vegetative fuels.
Upon completion of the wildfire hazard map and base-level wildfire risk map for each county, the SBCC may only adopt those portions of the International WUI Code as set forth in statute.
All counties, cities, and towns may adopt the International WUI Code in whole or in part. In adopting and maintaining provisions of the International WUI code, any amendment to the International WUI Code may not result in a code that is more than the minimum performance standards and requirements contained in the published model code.
Upon completion of a statewide wildfire hazard map and base-level wildfire risk map for each county, the International WUI Code is incorporated into the SBC. The SBCC must adopt the International WUI Code in whole or in part by November 1, 2029.
The SBCC may adopt portions of the International WUI code for local jurisdictions to adopt until the statewide maps are completed.
When adopting the International WUI Code, the SBCC must consult with relevant entities when developing defensible space requirements to ensure those requirements comply with other state land use requirements.
The Department of Natural Resources must coordinate with regional fire defense boards prior to final approval of the statewide maps.
Counties and cities may adopt local amendments to the International WUI Code with the approval of a local fire marshal, provided that changes related to single-family or multifamily residences must be approved by the SBCC.
The SBCC may adopt the International WUI Code in its entirety or specific portions. The SBCC must adopt the International WUI Code by November 1, 2029. The SBCC may adopt an optional WUI code for local jurisdictions that have adopted their own wildfire hazard maps and base-level wildfire risk maps to use until the statewide maps are completed. Local jurisdictions may adopt their own WUI codes until the statewide maps are completed. The SBCC must consult with relevant entities when developing defensible space requirements under the International WUI Code to ensure those requirements align with other state land use requirements. The Department of Natural Resources must coordinate with regional fire defense boards prior to final approval of the statewide maps. Counties and cities may adopt local amendments to the International WUI Code with the approval of a local fire marshal, provided that changes relating to single-family or multifamily residences must be approved by the SBCC.
(In support) This bill is controversial. The statewide maps need to be redone as they weren't done correctly. There was not enough time for a full discussion on the rest of the bill from last session. That bill took the authority of implementing the International WUI Code away from the SBCC and only allowed them to adopt certain portions. This did not allow the SBCC to amend the International WUI Code as they normally would be able to with other codes. The wildfires in California have shown what happens when fires occur in WUI areas. The Legislature is not an expert on the International WUI Code so the authority should stay with the SBCC. The other factor is the concern over homeowner's insurance. Other states have lost homeowner's insurance and the International WUI Code will help prevent this.
The Office of the Insurance Commissioner supports this policy because it will have positive impacts on risks across the state. Anything that reduces the risk and spread of wildfire will have a positive impact on premiums. The availability of insurance is based on risk and often the perception of risk. Insurance is not designed to rebuild entire neighborhoods. Having an incomplete WUI Code does not change the perception of risk for insurers. The bill establishes requirements for building materials, vegetative materials, water supply, and more. The insurance companies will recognize the communities that comply with these requirements as a safer risk than those who do not.
The primary concern with existing law is the inclusion of specific technical code language which was frozen in statute. The removal of those specific provisions allows the SBCC to review technical language from experts adopting the code. To make the WUI Code available in the most expeditious manner will require off-cycle code planning which will cost money.
(Opposed) The bill would require clearing trees within 300 to 100 feet of residences. Wildfire science has found that this does not prevent homes from burning. Home hardening works. The bill should require the SBCC to listen to national wildfire scientists about what really works in preventing home destruction due to wildfires. It should also create a mechanism for formally asking insurance companies what they require to keep providing insurance in areas of high wildfire risk.
Last year's Senate Bill 6120 passed unanimously after only the SBCC opposed it. The SBCC has been asked to invite national experts to guide code implementation. The SBCC continues to refuse. Senate Bill 6120 was the right approach.
This bill should be held until there's an opportunity to implement what was initiated last year. Local jurisdictions should have opportunities to work with the building and planning departments and fire services to develop local codes. The focus should be education, so new homes are built correctly.
There is a housing crisis in Washington. The Colorado WUI Code has added $40,000 or more to each new building. This would be around $25,000 in Washington under this bill.
(Other) Last year's policy restricting authority to adopting specific WUI Code elements was in response to the mess from the first statewide fire hazard maps and base-level wildfire risk maps that came out. Those maps created absurd results. The state does need experts, but the process that led to the maps has caused a loss in confidence.
The requirement to adopt the entire WUI Code may be difficult to implement as it conflicts with other current law. It requires that local governments create defensible spaces. That would conflict with local land use laws protecting wetlands and riparian areas. The Department of Ecology was able to provide guidance on how to implement the International WUI Code and provide protections for sensitive areas. An amendment could specify that local governments comply with requirements from the Department of Ecology.
(In support) Representative Davina Duerr, prime sponsor; Rory Paine-Donovan, Office of the Insurance Commissioner; David Forte, Office of the Insurance Commissioner; and Dustin Curb, State Building Code Council.