HOUSE BILL REPORT

ESHB 249

BYHouse Committee on Housing (originally sponsored by Representatives Nutley, J. Williams, Leonard and Todd; by request of Department of Community Development)

Revising provisions on non-energy-related building codes.

House Committe on Housing

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (8)

     Signed by Representatives Nutley, Chair; Leonard, Vice Chair; Armstrong, Barnes, Ebersole, Padden, Todd and J. Williams.

Minority Report:     Do not pass.  (1)

     Signed by Representative Sanders.

House Staff:Kenny Pittman (786-7392)

AS PASSED HOUSE MARCH 19, 1987

BACKGROUND:

The State Building Code Council (SBCC) was established to develop and maintain the State Building Code.  The council was originally established by the legislature in 1975 as an advisory body. In 1985, legislation was passed that changed the SBCC's responsibilities from advisory to rule making.

The SBCC consists of fifteen members appointed by the governor, and two state agency ex-officio nonvoting members:  a representative of the Insurance Commissioner's Office and a representative of the Department of Labor and Industries.

The State Building Code as enacted by the 1985 legislature includes the 1982 editions of the Uniform Building Code and Standards, the Uniform Mechanical Code, the Uniform Fire Code and Standards, and the Uniform Plumbing Code and Standards.  These uniform codes are comprehensive sets of technical standards published by the International Conference of Building Officials, the Western Fire Chiefs Association, and the International Association of Plumbing and Mechanical Officials.

Amendments to these codes are published annually and new editions are published every three years by the respective associations.  Currently, statutes must be amended in order to update these codes which are adopted by reference.

The SBCC is also responsible for approving or denying amendments to the State Building Code that apply to single family or multifamily residential buildings as proposed by local governments.  In evaluating proposed local code amendments, the SBCC considers unique local conditions.  Conditions considered unique are climatic, geologic, environmental and established local practice or standards.  The present law makes the SBCC responsible for completing a variety of code-related studies, reporting study results to the legislature, adopting regulations for barrier-free facilities, and adopting the State Energy Code.

The present law states that the SBCC shall maintain the adopted codes through regular review of updated versions and by amending codes.

The present law requires the collection of a $1.50 fee on each building permit issued by a county or city.  The fee is used to provide staff services to the SBCC and to conduct research into code related matters assigned by the legislature.

SUMMARY:

This measure amends the statutes related to the State Building Code and provides clarification.

The State Building Code Council (SBCC) shall, by rule, review and update of the uniform codes that comprise the State Building Code.

The SBCC ex-officio representative from the Insurance Commissioner's Office is replaced by the director of Fire Protection or the director's designee.

The SBCC's criteria for considering local code amendments proposed by governing bodies of counties or cities to the Uniform Building Code and Uniform Building Code Standards, published by the International Conference of Building Officials, as applied to single family and multifamily residential buildings must relate to health and safety.  All approved local code amendments to the Uniform Building Code that relate to single family and multifamily residential buildings that do not relate to health and safety must be reconsidered.

The building permit surcharge fee is increased from $1.50 to $3.50 on each building permit issued by a county or city.

Fiscal Note:    Attached.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:     Lynn Carmichael, Chair, Washington State Building Code Council; Marc Sullivan, Legislative Chair, Washington State Building Code Council; Blair Patrick, Executive Director, Washington Association of Building Officials; Gary Lowe, Assistant Director, Washington State Association of Counties; Kermit Robinson, Code Research Coordinator, City of Seattle; and Peter King, Assistant Director for Operations, Association of Washington Cities.

House Committee - Testified Against: Don McDonald, Seattle Master Builders; Mark Triplett, Legislative Chair, Home Builders Association of Washington; Larry Sundquist, Seattle Master Builders; and Paul Nolan, Chair, Code Division, Seattle Master Builders.

House Committee - Testimony For:     The State Building Code Council is working to eliminate inconsistent application of uniform codes.  The review of local code amendments proposed by the governing bodies of counties and cities is one step in assuring consistency of the codes.  The building permit surcharge fee increase from $1.50 to $3.50 is needed to continue the duties mandated by the legislature.  Amending the codes is necessary to adjust for areas in the code that are not applicable to Washington.  The council was set up to manage the codes, gather input, and keep them current.  The legislature felt a building code council would be more efficient and effective in maintaining the codes.

House Committee - Testimony Against: The State Building Code Council's task of code standardization has not worked.  Local code amendments often are not related to health and safety.  The council is not qualified to act on technical matters.  The council's membership does not contain adequate representation of home builders.  The legislature can adopt the uniform codes that comprise the State Building Code.