RCW ch. 19.27 — Revised Code of Washington Chapter 19.27 RCW — State Building Code

RCW 19.27.010 Short title. This chapter shall be known as the State Building Code Act. [ 1974 ex.s. c 96 s 1.] RCW 19.27.015 Definitions. As used in this chapter: (1) "Agricultural structure" means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure may not be a place of human habitation or a place of employment where agricultural products are processed, treated, or packaged, nor may it be a place used by the public. (2) "Approval," "approved," or "adopted," unless otherwise defined or otherwise indicated by context, means an affirmative vote by a majority of voting members of the council, committee, or advisory group present at the time of the vote. (3) "City" means a city or town. (4) "Commercial building permit" means a building permit issued by a city or a county to construct, enlarge, alter, repair, move, demolish, or change the occupancy of any building not covered by a residential building permit. (5) "Emergency statewide amendment" means any proposed statewide amendment meeting the criteria in RCW 34.05.350. A rule shall be considered an emergency rule if the council, for good cause, finds that immediate adoption or amendment of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to public interest. (6) "Kit homes" means any structures intended for residential use that are comprised of prefabricated walls, floors, and roofs which are assembled on-site and are 800 square feet or smaller in size. (7) "Model code organizations" means the national code-adopting organizations that develop the model codes, as defined in this section, such as the international code council, international association of plumbing and mechanical officials, and national fire protection association. (8) "Model codes" means the codes developed by the model code organizations and adopted by reference in RCW 19.27.031. (9) "Multifamily residential building" means common wall residential buildings that consist of four or fewer units, that do not exceed two stories in height, that are less than 5,000 square feet in area, and that have a one-hour fire-resistive occupancy separation between units. (10) "Off-cycle amendments" means amendments to the state building code outside of the three-year state building code adoption cycle. (11) "Residential building permit" means a building permit issued by a city or a county to construct, enlarge, alter, repair, move, demolish, or change the occupancy of any building containing only dwelling units used for independent living of one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation, and structures accessory to dwelling units, such as detached garages and storage buildings. (12) "State building code" means the codes adopted and amended by the council as follows: (a) The codes referenced in this chapter; (b) The state energy code referenced in chapter 19.27A RCW; and (c) Any other codes so designated by the Washington state legislature as adopted and amended by the council. (13) "State building code adoption cycle" means that period during which the state building code is adopted, updated, and amended by the council. (14) "Statewide amendment" means any amendment to the state building code initiated through council action or by petition to the council from any agency, city, county, or interested individual or organization, that would have the effect of amending the state building code for the entire state of Washington. A statewide amendment may have a regional effect. (15) "Temporary growing structure" means a structure that has the roof covered with polyethylene, polyvinyl, or similar flexible synthetic material and is used to provide plants with either frost protection or increased heat retention. [ 2026 c 41 s 2. Prior: 2024 c 170 s 9; 2024 c 19 s 2; 2018 c 207 s 1; 2009 c 362 s 2; 1996 c 157 s 1; 1985 c 360 s 1.] NOTES: Reviser's note: RCW 19.27.020 Purposes—Objectives—Standards. 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. 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. (6) To consolidate within each authorized enforcement jurisdiction, the administration and enforcement of building codes. [ 1985 c 360 s 6; 1974 ex.s. c 96 s 2.] RCW 19.27.031 State building code—Adoption—Conflicts—Opinions. (1) 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 model codes which are hereby adopted by reference: (a)(i) The International Building Code, published by the International Code Council, Inc.; (ii) The International Residential Code, published by the International Code Council, Inc.; (b) The International Mechanical Code, published by the International Code Council, Inc., except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code); (c) The International Fire Code, published by the International Code Council, Inc., including those standards of the National Fire Protection Association specifically referenced in the International Fire Code: PROVIDED, That, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying handheld candles; (d) Only those portions of the International Wildland Urban Interface Code, published by the International Code Council Inc., as specifically referenced in RCW 19.27.560(1), or the model International Wildland Urban Interface Code specifically referenced in RCW 19.27.560(2); (e) The Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials: PROVIDED, That any provisions of such code affecting sewers or fuel gas piping are not adopted; (f) The rules adopted by the council establishing standards for making buildings and facilities accessible to and usable by individuals with disabilities or elderly persons as provided in RCW 70.92.100 through 70.92.160; and (g) The state's climate zones for building purposes are designated in *RCW 19.27A.020(3) and may not be changed through the adoption of a model code or rule. (2) In case of conflict among the codes enumerated in subsection (1) of this section, the first named code shall govern over those following. (3)(a) The model codes enumerated in this section shall be adopted or amended by the council as provided in RCW 19.27.074 and 19.27.032 through 19.27.034 in a three-year state building code adoption cycle. The state building code adoption cycle follows the adoption cycle of the model codes. Substantive changes to the state building code may only be adopted within the three-year cycle except as provided in RCW 19.27.032. (b) The council shall review the most recent editions of each of the model codes enumerated in subsection (1) of this section and take action on adoption no later than 30 months after the date of publication of each such code. The "date of publication" is the date of publication printed in each model code. If only a month and year are shown, the date of publication for such code shall be the last day of the month shown. (4) The council may initiate and implement an interim code adoption cycle for all Washington state building codes if a majority of its voting membership determines one is needed to correct errors and omissions, or eliminate obsolete, conflicting, redundant, or unnecessary regulations as provided in RCW 19.27.032 through 19.27.034. (5) Petitions for emergency statewide amendments to the building code may be submitted, considered, and adopted at any time in accordance with RCW 34.05.350 and 19.27.032 through 19.27.034. (6) Off-cycle amendments to any of the Washington state building codes may be initiated and implemented at any time if directed by the legislature. (7) The council shall solicit input from first responders to ensure that firefighter safety issues are addressed during the code adoption process. (8) 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. [ 2024 c 170 s 1; 2024 c 133 s 1; 2018 c 189 s 1; 2015 c 11 s 2; 2003 c 291 s 2; 1995 c 343 s 1. Prior: 1989 c 348 s 9; 1989 c 266 s 1; 1985 c 360 s 5.] NOTES: Reviser's note: RCW 19.27.032 Amendment—Timeline—Requirements—Public access. (1) Adoption or amendment of the state building code or statewide amendments to the state building code as defined in RCW 19.27.031 must meet the following criteria: (a) Substantive updates to the state building code shall occur only once during the three-year state building code adoption cycle as described in RCW 19.27.031(3). No substantive provision may be adopted, amended, or repealed except during the three-year code adoption cycle, or as provided in (c) or (d) of this subsection. (b) An interim code adoption cycle as outlined in RCW 19.27.031(4) shall not be performed earlier than 12 months nor later than 18 months from the effective date of the codes adopted pursuant to (a) of this subsection. (c)(i) The council may adopt emergency amendments to the code at any time under the following conditions: (A) The amendment is necessary for the preservation of the public health, safety, or general welfare; or (B) The amendment is necessary for consistency with state or federal laws and regulations. (ii) The council may not act on a petition for emergency statewide amendments at the meeting when the petition is introduced. (iii) The council may accept a petition for emergency statewide amendments only when the petition provides a concise statement of the reasons for a finding that an emergency basis exists, and the council approves a finding that such an emergency basis exists by a two-thirds vote of voting members. The approval of emergency amendments requires a majority vote of the voting members. (d) The council may adopt or amend the state building code or code sections at any time pursuant to legislative direction as reflected in legislation signed into law. (2) Any person or entity may submit to the council a petition in writing for statewide amendments within the time periods established by the council. The petition for statewide amendment must comply with format and content requirements approved by the council. (3) Incomplete petitions for statewide amendments or petitions that exceed the specific delegation of authority provided by the legislature shall not be considered by the council for action. (4) The council shall approve the referral of a statewide amendment to a standing committee or technical advisory group. (5) The council shall develop a process for council meetings that allows members of the public to understand amendments being proposed for adoption. The process shall include requirements for modifications to proposed rule text to be in writing, specify the reason for the amendment, and be available to the council and the members of the public at least seven days prior to a vote on final amendment adoption. The council shall adopt rules that encourage councilmembers and technical advisory group members to make proposed amendments and text changes available to other members and the public at least 48 hours prior to the meeting at which they will be discussed. (6) The council must adopt policies and procedures for the adoption or amendment of the state building code that comply with the rule-making requirements in chapter 34.05 RCW and chapter 170, Laws of 2024. [ 2024 c 170 s 6.] RCW 19.27.033 Amendment—Technical advisory groups. (1) The state building code council may appoint technical advisory groups to review petitions for statewide amendments as authorized in this chapter and chapter 19.27A RCW. (a) A technical advisory group may include one voting councilmember. (b) A technical advisory group must consist of subject matter experts as designated by the council. A subject matter expert is defined as an individual who by education, training, or experience is a recognized expert on a particular subject, topic, or system. (c) A technical advisory group member may be removed by the state building code council if the member no longer meets the qualifications necessary to fill the position. (d) Three consecutive absences of a technical advisory group member from meetings of the technical advisory group are grounds for the state building code council to designate the member's status as ex officio, until a reappointment is made. Ex officio members are not considered when determining a quorum. (e) Within three months of appointment, technical advisory group members must receive training on ethics in public service including, but not limited to, provisions of chapter 42.52 RCW. (f) Technical advisory group members and the industry or stakeholder groups they are representing must be posted on the council website. (2) Any person who wishes to be appointed to serve on a technical advisory group must submit an application that satisfies the requirements for an application set by the council. Any application for such appointment must be approved or denied within 30 days after the closing of the application submittal period. (3) A petition for an amendment referred to a technical advisory group must be approved by a majority of the technical advisory group voting members to be taken up for consideration by the state building code council. [ 2024 c 170 s 7.] RCW 19.27.034 Amendment—Approval criteria. Following the close of the public comment period and any public hearing required by chapter 34.05 RCW, the state building code council shall approve or disapprove the final adoption or amendment of codes of statewide application. (1) Proposals must meet one or more of the criteria in RCW 19.27.032 to be considered for approval. (2) Proposals that do not meet these criteria may be considered in a future three-year code adoption cycle. (3) The council may not adopt a proposal that is substantially different from the proposal made available for public testimony except as provided by RCW 34.05.340. [ 2024 c 170 s 8.] RCW 19.27.035 Process for review. The building code council shall: (1)(a) By July 1, 2019, adopt a revised process for the review of proposed statewide amendments to the codes enumerated in RCW 19.27.031; and (b) Adopt a process for the review of proposed or enacted local amendments to the codes enumerated in RCW 19.27.031 as amended and adopted by the state building code council. (2) By December 31, 2019, adopt building code standards specific for tiny houses. [ 2019 c 352 s 6; 2018 c 207 s 2; 1989 c 266 s 6.] NOTES: Finding— RCW 19.27.040 Cities and counties authorized to amend state building code—Limitations. The governing body of each county or city is authorized to amend the state building code as it applies within the jurisdiction of the county or city. The minimum performance standards of the codes and the objectives enumerated in RCW 19.27.020 shall not be diminished by any county or city amendments. Nothing in this chapter shall authorize any modifications of the requirements of chapter 70.92 RCW. [ 1990 c 2 s 11; 1985 c 360 s 8; 1977 ex.s. c 14 s 12; 1974 ex.s. c 96 s 4.] NOTES: Effective dates— RCW 19.27.042 Cities and counties—Emergency exemptions for housing for indigent persons—Rule making for temporary emergency shelter standards. (1) Effective January 1, 1992, the legislative authorities of cities and counties may adopt an ordinance or resolution to exempt from state building code requirements buildings whose character of use or occupancy has been changed in order to provide housing for indigent persons. The ordinance or resolution allowing the exemption shall include the following conditions: (a) The exemption is limited to existing buildings located in this state; (b) Any code deficiencies to be exempted pose no threat to human life, health, or safety; (c) The building or buildings exempted under this section are owned or administered by a public agency or nonprofit corporation; and (d) The exemption is authorized for no more than five years on any given building. An exemption for a building may be renewed if the requirements of this section are met for each renewal. (2) By January 1, 1992, the state building code council shall adopt, by rule, guidelines for cities and counties exempting buildings under subsection (1) of this section. (3) By July 1, 2026, the state building code council shall adopt, by rule, standards for temporary emergency shelters and make them available for local adoption. [ 2023 c 47 s 1; 1991 c 139 s 1.] RCW 19.27.050 Enforcement. The state building code required by this chapter shall be enforced by the counties and cities. 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. [ 1985 c 360 s 9; 1974 ex.s. c 96 s 5.] RCW 19.27.060 Local building regulations superseded—Exceptions. (1) The governing bodies of counties and cities may amend the codes enumerated in RCW 19.27.031 as amended and adopted by the state building code council as they apply within their respective jurisdictions, but the amendments shall not result in a code that is less than the minimum performance standards and objectives contained in the state building code except as provided in subsection (2) of this section. (a) Except as provided in subsection (2) of this section, no amendment to a code enumerated in RCW 19.27.031 as amended and adopted by the state building code council that affects single-family or multifamily residential buildings shall be effective unless the amendment is approved by the building code council under RCW 19.27.074(1)(b). (b) Any county or city amendment to a code enumerated in RCW 19.27.031 which is approved under RCW 19.27.074(1)(b) shall continue to be effective after any action is taken under RCW 19.27.074(1)(a) without necessity of reapproval under RCW 19.27.074(1)(b) unless the amendment is declared null and void by the council at the time any action is taken under RCW 19.27.074(1)(a) because such action in any way altered the impact of the amendment. (2) The legislative body of a county or city, in exercising the authority provided under subsection (1) of this section to amend the code enumerated in *RCW 19.27.031(1)(b), may adopt amendments that eliminate any minimum gross floor area requirement for single-family detached dwellings or that provide a minimum gross floor area requirement below the minimum performance standards and objectives contained in the state building code. (3) Except as permitted or provided otherwise under this section, the state building code shall be applicable to all buildings and structures including those owned by the state or by any governmental subdivision or unit of local government. (4) The governing body of each county or city may limit the application of any portion of the state building code to exclude specified classes or types of buildings or structures according to use other than single-family or multifamily residential buildings. However, in no event shall fruits or vegetables of the tree or vine stored in buildings or warehouses constitute combustible stock for the purposes of application of the uniform fire code. A governing body of a county or city may inspect facilities used for temporary storage and processing of agricultural commodities. (5) No provision of the uniform fire code concerning roadways shall be part of the state building code: PROVIDED, That this subsection shall not limit the authority of a county or city to adopt street, road, or access standards. (6) The provisions of the state building code may be preempted by any city or county to the extent that the code provisions relating to the installation or use of sprinklers in jail cells conflict with the secure and humane operation of jails. (7)(a) Effective one year after July 23, 1989, the governing bodies of counties and cities may adopt an ordinance or resolution to exempt from permit requirements certain construction or alteration of either group R, division 3, or group M, division 1 occupancies, or both, as defined in the uniform building code, 1988 edition, for which the total cost of fair market value of the construction or alteration does not exceed fifteen hundred dollars. The permit exemption shall not otherwise exempt the construction or alteration from the substantive standards of the codes enumerated in RCW 19.27.031, as amended and maintained by the state building code council under RCW 19.27.070. (b) Prior to July 23, 1989, the state building code council shall adopt by rule, guidelines exempting from permit requirements certain construction and alteration activities under (a) of this subsection. [ 2018 c 302 s 2; 2015 c 226 s 1; 2002 c 135 s 1. Prior: 1989 c 266 s 2; 1989 c 246 s 1; 1987 c 462 s 12; 1986 c 118 s 15; 1985 c 360 s 10; 1981 2nd ex.s. c 12 s 5; 1980 c 64 s 1; 1975 1st ex.s. c 282 s 2; 1974 ex.s. c 96 s 6.] NOTES: *Reviser's note: RCW 19.27.065 Exemption—Temporary growing structures used for production of horticultural plants. The provisions of this chapter do not apply to temporary growing structures used solely for the production of horticultural plants including ornamental plants, flowers, vegetables, and fruits. A temporary growing structure is not considered a building or structure for purposes of this chapter. [ 2024 c 19 s 3; 1996 c 157 s 2.] NOTES: Findings— RCW 19.27.067 Temporary worker housing—Exemption—Standards. (1) Temporary worker housing shall be constructed, altered, or repaired as provided in chapter 70.114A RCW and chapter 37, Laws of 1998. The construction, alteration, or repair of temporary worker housing is not subject to the codes adopted under RCW 19.27.031, except as provided by rule adopted under chapter 70.114A RCW or chapter 37, Laws of 1998. (2) For the purpose of this section, "temporary worker housing" has the same meaning as provided in RCW 70.114A.020. (3) This section is applicable to temporary worker housing as of the date of the final adoption of the temporary worker building code by the department of health under RCW 70.114A.081. [ 1998 c 37 s 1.] RCW 19.27.070 State building code council—Established—Membership—Travel expenses. There is hereby established in the department of enterprise services a state building code council, to be appointed by the governor. (1) The state building code council shall consist of 15 members: (a) Two members must be county elected legislative body members or elected executives; (b) Two members must be city elected legislative body members or mayors; (c) One member must be a local government building code enforcement official; (d) One member must be a local government fire service official; (e) One member must be a person with a physical disability and shall represent the disability community; (f) One member, who is not eligible for membership on the council in any other capacity, and who has not previously been nominated or appointed to the council to represent any other group, must represent the general public; and (g) Seven members must represent the private sector or professional organizations as follows: (i) One member shall represent general construction, specializing in commercial and industrial building construction; (ii) One member shall represent general construction, specializing in residential and multifamily building construction; (iii) One member shall represent the architectural design profession; (iv) One member shall represent the structural engineering profession; (v) One member shall represent the mechanical engineering profession; (vi) One member shall represent the construction building trades; (vii) One member shall represent manufacturers, installers, or suppliers of building materials and components. (2) At least six of these 15 members shall reside east of the crest of the Cascade mountains. (3) The council shall include: Two members of the house of representatives appointed by the speaker of the house, one from each caucus; two members of the senate appointed by the president of the senate, one from each caucus; and an employee of the electrical division of the department of labor and industries, as ex officio, nonvoting members with all other privileges and rights of membership. Ex officio members shall not be counted for purposes of quorums, calling special meetings, or voting thresholds. (4)(a) Terms of office shall be for three years, or for so long as the member remains qualified for the appointment. (b) The council shall elect a member to serve as chair of the council for one-year terms of office. (c) Any member who is appointed by virtue of being an elected official or holding public employment shall be removed from the council if he or she ceases being such an elected official or holding such public employment. (d) Any member who is appointed to represent a specific private sector industry must maintain sufficiently similar private sector employment or circumstances throughout the term of office to remain qualified to represent the specified industry. Retirement or unemployment is not cause for termination. However, if a councilmember appointed to represent a specific private sector industry enters into employment outside of the industry, or outside of the private sector, he or she has been appointed to represent, then he or she must be removed from the council. (e) Any member who no longer qualifies for appointment under this section may not vote on council actions, but may participate as an ex officio, nonvoting member until a replacement member is appointed. A member must notify the council staff and the governor's office within 30 days of the date the member no longer qualifies for appointment under this section. The governor shall appoint a qualified replacement for the member within 60 days of notice. (f) Each of the 15 councilmembers appointed by the governor shall hold office until the appointment of a successor, not to exceed 90 days after the term has expired. If no appointment is made to replace the member after 90 days, the member's position shall become vacant. Vacant positions shall not be counted for purposes of quorums, calling special meetings, or voting thresholds. (5) Before making any appointments to the building code council, the governor shall seek nominations from recognized organizations which represent the entities or interests identified in this section. The governor shall select appointees to represent private sector industries from a list of three nominations provided by the largest trade associations representing the industry unless no names or insufficient qualifying names are put forth by the trade associations. Within three days after a councilmember's term has expired, the council must post a message on the council website informing the stakeholders and members of the public that there is an open council position. The trade associations must provide nominations no later than 30 days after a council position is open. The governor shall appoint a qualified replacement within 60 days after the qualified nominations are received. (6) Members shall not be compensated but shall receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060. (7) Within one year of employment or appointment, employees of the state building code council and members of the state building code council must receive training on ethics in public service including, but not limited to, provisions of chapter 42.52 RCW. (8) For purposes of this section, a "professional organization" includes an entity whose members are engaged in a particular lawful vocation, occupation, or field of activity of a specialized nature, including but not limited to associations, boards, educational institutions, and nonprofit organizations. [ 2024 c 170 s 2; 2018 c 207 s 3; 2011 1st sp.s. c 43 s 244; 2010 c 275 s 1; (2010 c 271 s 301 repealed by 2011 1st sp.s. c 43 s 258); 1995 c 399 s 8; 1989 c 246 s 2; 1987 c 505 s 7; 1985 c 360 s 11; 1984 c 287 s 55; 1975-'76 2nd ex.s. c 34 s 59; 1974 ex.s. c 96 s 7.] NOTES: Effective date— RCW 19.27.074 State building code council—Duties—Public meetings—Timing of code changes. (1) The state building code council shall: (a) Adopt and maintain the codes to which reference is made in RCW 19.27.031 in a status which is consistent with the state's interest as set forth in RCW 19.27.020. In maintaining these codes, the council shall regularly review updated versions of the codes referred to in RCW 19.27.031 and other pertinent information and shall amend the codes pursuant to RCW 19.27.031 through 19.27.034 as deemed appropriate by the council, provided, that Wildland Urban Interface Codes must be consistent with RCW 19.27.560; (b) Approve or deny all county or city amendments to any code referred to in RCW 19.27.031 to the degree the amendments apply to single-family or multifamily residential buildings; (c) As required by the legislature, develop and adopt any codes relating to buildings; and (d) Approve a proposed budget for the operation of the state building code council to be submitted by the department of enterprise services to the office of financial management pursuant to RCW 43.88.090. (2) The state building code council may: (a) Appoint technical advisory groups in accordance with RCW 19.27.033; (b) Approve contracts for services; and (c) Conduct research into matters relating to any code or codes referred to in RCW 19.27.031 or any related matter. (3) The department of enterprise services, with the advice and input from the members of the building code council, shall: (a) Employ a managing director of the council, and permanent and temporary staff to perform all duties necessary to carry out the intent and purposes of this chapter and chapter 19.27A RCW; (b) Contract with an independent, third-party entity to perform comparative economic and energy analyses of proposed Washington energy code amendments and prior versions of the Washington energy code, including compliance with RCW 34.05.328 and 19.27A.160; and (c) Provide all administrative and information technology services required for the building code council. (4) Rule-making authority as authorized in this chapter resides within the building code council. (5)(a) All meetings of the state building code council, its standing committees, ad hoc committees, and technical advisory groups shall be open to the public under the open public meetings act, chapter 42.30 RCW. All actions of the state building code council which adopt or amend any code of statewide applicability shall be pursuant to the administrative procedure act, chapter 34.05 RCW. (b) All council decisions relating to the codes enumerated in RCW 19.27.031 shall require approval by at least a majority of the voting members of the council. (c) All decisions to adopt or amend codes of statewide application through a three-year code adoption cycle shall be made prior to December 1st of any year and shall not take effect before the end of the regular legislative session in the next year. [ 2024 c 170 s 3; 2024 c 133 s 2; 2018 c 207 s 4; 1989 c 266 s 3; 1985 c 360 s 2.] NOTES: Reviser's note: RCW 19.27.076 State building code council—Open public access information technologies. The building code council, in consultation with Washington technology solutions, shall assess the costs and benefits of the potential acquisition and implementation of open public access information technologies to enhance the council's code adoption process and report back to the appropriate committees of the legislature by November 15, 2018. [ 2024 c 54 s 25; 2018 c 207 s 6.] NOTES: Effective date— RCW 19.27.077 State building code council—Mobile on-demand gasoline operations—Adoption of rules—Fees. (1) The Washington state building code council shall adopt and amend rules, as necessary, for the purpose of clarifying standards and administrative provisions for mobile on-demand gasoline operations, as that term is defined in the 2018 international fire code. The purpose of this chapter is to aid local authorities having jurisdiction in establishing timely and consistent permitting structures, including standard minimum conditions, while eliminating redundancies and improving upon the efficiency of the permitting process. Section 5707 of the 2018 international fire code shall be amended by the council to provide for permitting provisions. All other requirements set forth in section 5707 of the 2018 international fire code shall remain in force. The rules and associated provisions shall be finalized and available for local jurisdictions by May 2021. (2) The Washington state building code council shall request recommendations from the Washington state association of fire marshals prior to clarifying standards and administrative provisions for mobile on-demand fueling. (3) Rules adopted by the council shall provide provisions and administrative guidelines to accomplish the purpose stated in subsection (1) of this section, and address: (a) The creation of a "mobile on-demand operator" certification for owners of mobile on-demand fueling businesses that will conform to the provisions in section 5707 of the 2018 international fire code. In adopting such rules, the Washington state building code council shall establish minimum standards and requirements consistent with section 5707 of the 2018 international fire code and shall consider options including, but not limited to, standardized permitting processes, standardized operational requirements, and a reciprocal acceptance of certification by jurisdictions in Washington state; (b) The creation of a "mobile on-demand fueling truck" permit or certification. In adopting such rules, the Washington state building code council shall establish minimum standards and requirements consistent with section 5707 of the 2018 international fire code and shall consider options including, but not limited to, standardized permitting or certification requirements, standardized vehicular requirements, and processes that do not require multiple substantially similar inspections of a particular vehicle for such vehicle to operate in multiple jurisdictions; and (c) A site permit consistent with 2018 international fire code 105.6.16(11). The site permit shall be issued by local jurisdictions that allow mobile fueling, if the local jurisdiction requires a mobile on-demand fueling site permit. Conditions for permitting will be set forth by the local jurisdiction. Local jurisdictions shall issue the permit using the standard conditions and may include local provisions as necessitated by zoning laws, environmental laws, fire code and public safety, and characteristics of the sites being permitted. (i) The site permit structure shall provide at least two tiers. When local jurisdictions determine that specific sites or collections of sites do not present atypical geographic, safety, or environmental concerns, they may add these sites to their tier 1 list, provide expedited permitting review that shall allow permit issuance prior to site inspection, and perform the site inspection during the period of permit validity. Tier 2 permits will be issued for sites that are not on the tier 1 list, and may require site inspection prior to issuance. Nothing in this section prevents a local fire marshal from having the authority to inspect a standard on-demand fueling location, to add additional requirements for said location, or to revoke permission to operate in a particular location for a specific safety or environmental reason. (ii) After receiving an application complete with supporting documentation and payment, local jurisdictions that issue a tier 1 or tier 2 site permit, or both, shall make a good faith effort to reach a permit decision expeditiously. (4) Nothing considered or adopted by the Washington state building code council shall prevent a local fire marshal from having the authority to inspect any mobile on-demand fueling site, to add additional requirements for any site, or to revoke permission to operate in a particular site for a specific safety or environmental reason. (5) Fees may be charged to offset part or all of the inspection and issuing costs, including applicable administrative costs and overhead. [ 2020 c 43 s 1.] RCW 19.27.080 Chapters of RCW not affected. Nothing in this chapter affects the provisions of chapters 19.27A, 19.28, 43.22, 70.77, 70.79, 70.87, 43.44, 18.20, 18.46, 18.51, 28A.305, 70.41, 70.62, 70.75, 70.108, 71.12, 74.15, 70A.15, 76.04, 70A.355 RCW, or RCW 28A.195.010, or grants rights to duplicate the authorities provided under chapters 70A.15 or 76.04 RCW. [ 2021 c 65 s 17; 2003 c 291 s 3; 1990 c 33 s 555; 1989 c 346 s 19; 1975 1st ex.s. c 282 s 1; 1974 ex.s. c 96 s 8.] NOTES: Explanatory statement— RCW 19.27.085 Building code council account—Building permit fee. (1) There is hereby created the building code council account in the state treasury. Moneys deposited into the account shall be used by the building code council, after appropriation, to perform the purposes of the council. (2) All moneys collected under subsection (3) of this section shall be deposited into the building code council account. Every four years the state treasurer shall report to the legislature on the balances in the account so that the legislature may adjust the charges imposed under subsection (3) of this section. (3) There is imposed a fee of six dollars and fifty cents on each residential building permit and a fee of twenty-five dollars for each commercial building permit, issued by a county or a city, plus an additional surcharge of two dollars for each residential unit, but not including the first unit, on each building containing more than one residential unit. Quarterly each county and city shall remit moneys collected under this section to the state treasury; however, no remittance is required until a minimum of fifty dollars has accumulated pursuant to this subsection. [ 2018 c 207 s 5; 1989 c 256 s 1; 1985 c 360 s 4.] NOTES: Effective date— RCW 19.27.087 Building permit and plan review fees—Agricultural structures. Permitting and plan review fees under this chapter for agricultural structures may only cover the costs to counties, cities, towns, and other municipal corporations of processing applications, inspecting and reviewing plans, preparing detailed statements required by chapter 43.21C RCW, and performing necessary inspections under this chapter. [ 2009 c 362 s 3.] NOTES: Finding— RCW 19.27.090 Local jurisdictions reserved. Local land use and zoning requirements, building setbacks, side and rear-yard requirements, site development, property line requirements, requirements adopted by counties or cities pursuant to chapter 58.17 RCW, snow load requirements, wind load requirements, and local fire zones are specifically reserved to local jurisdictions notwithstanding any other provision of this chapter. [ 1989 c 266 s 5; 1974 ex.s. c 96 s 9.] RCW 19.27.095 Building permit application—Consideration—Requirements. (1) A valid and fully complete building permit application for a structure, that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building permit ordinance in effect at the time of application, and the zoning or other land use control ordinances in effect on the date of application. (2) The requirements for a fully completed application shall be defined by local ordinance. A local government shall accept applications from a regional transit authority established under chapter 81.112 RCW regardless of whether the regional transit authority owns or has possession and use of the property subject to the application, so long as the application is otherwise complete. For any construction project costing more than $5,000 the application shall include, at a minimum: (a) The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, and the street address if available, and may include any other identification of the construction site by the prime contractor; (b) The property owner's name, address, and phone number; (c) The prime contractor's business name, address, phone number, current state contractor registration number; and (d) Either: (i) The name, address, and phone number of the office of the lender administering the interim construction financing, if any; or (ii) The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than 50 percent of the total amount of the construction project. (3) The information required on the building permit application by subsection (2)(a) through (d) of this section shall be set forth on the building permit document which is issued to the owner, and on the inspection record card which shall be posted at the construction site. (4) The information required by subsection (2) of this section and information supplied by the applicant after the permit is issued under subsection (5) of this section shall be kept on record in the office where building permits are issued and made available to any person on request. If a copy is requested, a reasonable charge may be made. (5) If any of the information required by subsection (2)(d) of this section is not available at the time the application is submitted, the applicant shall so state and the application shall be processed forthwith and the permit issued as if the information had been supplied, and the lack of the information shall not cause the application to be deemed incomplete for the purposes of vesting under subsection (1) of this section. However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information. (6) The limitations imposed by this section shall not restrict conditions imposed under chapter 43.21C RCW. [ 2026 c 166 s 4; 1991 c 281 s 27; 1987 c 104 s 1.] NOTES: Liberal construction— RCW 19.27.097 Building permit application—Evidence of adequate water supply—Authority of a county or city to impose additional requirements—Applicability—Exemption—Groundwater withdrawal authorized under RCW 90.44.050. (1)(a) Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. Evidence may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply. An application for a water right shall not be sufficient proof of an adequate water supply. (b) In a water resource inventory area with rules adopted by the department of ecology pursuant to RCW 90.94.020 or 90.94.030 and the following water resource inventory areas with instream flow rules adopted by the department of ecology under chapters 90.22 and 90.54 RCW that explicitly regulate permit-exempt groundwater withdrawals, evidence of an adequate water supply must be consistent with the specific applicable rule requirements: 5 (Stillaguamish); 17 (Quilcene-Snow); 18 (Elwha-Dungeness); 27 (Lewis); 28 (Salmon-Washougal); 32 (Walla Walla); 45 (Wenatchee); 46 (Entiat); 48 (Methow); and 57 (Middle Spokane). (c) In the following water resource inventory areas with instream flow rules adopted by the department of ecology under chapters 90.22 and 90.54 RCW that do not explicitly regulate permit-exempt groundwater withdrawals, evidence of an adequate water supply must be consistent with RCW 90.94.020, unless the applicant provides other evidence of an adequate water supply that complies with chapters 90.03 and 90.44 RCW: 1 (Nooksack); 11 (Nisqually); 22 (Lower Chehalis); 23 (Upper Chehalis); 49 (Okanogan); 55 (Little Spokane); and 59 (Colville). (d) In the following water resource inventory areas with instream flow rules adopted by the department of ecology under chapters 90.22 and 90.54 RCW that do not explicitly regulate permit-exempt groundwater withdrawals, evidence of an adequate water supply must be consistent with RCW 90.94.030, unless the applicant provides other evidence of an adequate water supply that complies with chapters 90.03 and 90.44 RCW: 7 (Snohomish); 8 (Cedar-Sammamish); 9 (Duwamish-Green); 10 (Puyallup-White); 12 (Chambers-Clover); 13 (Deschutes); 14 (Kennedy-Goldsborough); and 15 (Kitsap). (e) In water resource inventory areas 37 (Lower Yakima), 38 (Naches), and 39 (Upper Yakima), the department of ecology may impose requirements to satisfy adjudicated water rights. (f) Additional requirements apply in areas within water resource inventory area 3 (Lower Skagit-Samish) and 4 (Upper Skagit) regulated by chapter 173-503 WAC, as a result of Swinomish Indian Tribal Community v. Department of Ecology RCW 19.27.100 Cities, towns, counties may impose fees different from state building code. Except for permitting fees for agricultural structures under RCW 19.27.087, nothing in this chapter shall prohibit a city, town, or county of the state from imposing fees different from those set forth in the state building code. [ 2009 c 362 s 4; 1975 1st ex.s. c 8 s 1.] NOTES: Finding— RCW 19.27.110 International fire code—Administration and enforcement by counties, other political subdivisions and municipal corporations—Fees. Each county government shall administer and enforce the 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 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 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. [ 2003 c 291 s 4; 1975-'76 2nd ex.s. c 37 s 1.] NOTES: Intent— RCW 19.27.111 RCW 19.27.080 not affected. Nothing in RCW 19.27.110 shall affect the provisions of RCW 19.27.080. [1975-'76 2nd ex.s. c 37 s 2.] RCW 19.27.113 Automatic fire-extinguishing systems for certain school buildings. The building code council shall adopt rules by December 1, 1991, requiring that all buildings classed as E-1 occupancies, as defined in the state building code, except portable school classrooms, constructed after July 28, 1991, be provided with an automatic fire-extinguishing system. Rules adopted by the council shall consider applicable nationally recognized fire and building code standards and local conditions. By December 15, 1991, the council shall transmit to the superintendent of public instruction, the state board of education, and the fire protection policy board copies of the rules as adopted. The superintendent of public instruction, the state board of education, and the fire protection policy board shall respond to the council by February 15, 1992, with any recommended changes to the rule. If changes are recommended the council shall immediately consider those changes to the rules through its rule-making procedures. The rules shall be effective on July 1, 1992. [ 1991 c 170 s 1.] NOTES: Schools— RCW 19.27.115 Technical advisory group—International building code. (1) The state building code council shall convene a technical advisory group for the purpose of recommending modifications and limitations to the international building code that would allow for a single exit stairway to serve multifamily residential structures up to six stories above grade plane. The recommendations must include considerations for adequate and available water supply, the presence and response time of a professional fire department, and any other provisions necessary to ensure public health, safety, and general welfare. (2) The technical advisory group shall provide its recommendations to the council in time for the council to adopt or amend rules or codes as necessary for implementation in the 2024 international building code. The council shall take action to adopt additions and amendments to rules or codes as necessary by July 1, 2026. [ 2023 c 372 s 1.] RCW 19.27.120 Buildings or structures having special historical or architectural significance—Exception. (1) Repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, strengthening, or continued use of a building or structure may be made without conformance to all of the requirements of the codes adopted under RCW 19.27.031, when authorized by the appropriate building official under the rules adopted under subsection (2) of this section, provided: (a) The building or structure: (i) Has been designated by official action of a legislative body as having special historical or architectural significance, or (ii) is an unreinforced masonry building or structure on the state or the national register of historic places, or is potentially eligible for placement on such registers; and (b) The restored building or structure will be less hazardous, based on life and fire risk, than the existing building. (2) The state building code council shall adopt rules, where appropriate, to provide alternative methods to those otherwise required under this chapter for repairs, alterations, and additions necessary for preservation, restoration, rehabilitation, strengthening, or continued use of buildings and structures identified under subsection (1) of this section. [ 1985 c 360 s 13; 1975-'76 2nd ex.s. c 11 s 1.] RCW 19.27.140 Copy of permit to county assessor. A copy of any permit obtained under the state building code for construction or alteration work of a total cost or fair market value in excess of five hundred dollars, shall be transmitted by the issuing authority to the county assessor of the county where the property on which the construction or alteration work is located. The building permit shall contain the county assessor's parcel number. [ 1989 c 246 s 5.] RCW 19.27.150 Report to department of enterprise services. Every month a copy of the United States department of commerce, bureau of the census' "report of building or zoning permits issued and local public construction" or equivalent report shall be transmitted by the governing bodies of counties and cities to the department of enterprise services. [ 2015 c 225 s 18; 2010 c 271 s 303; 1995 c 399 s 10; 1989 c 246 s 6.] NOTES: Purpose— RCW 19.27.160 Counties with populations of from five thousand to less than ten thousand—Ordinance reenactment. Any county with a population of from five thousand to less than ten thousand that had in effect on July 1, 1985, an ordinance or resolution authorizing and regulating the construction of owner-built residences may reenact such an ordinance or resolution if the ordinance or resolution is reenacted before September 30, 1989. After reenactment, the county shall transmit a copy of the ordinance or resolution to the state building code council. [ 1991 c 363 s 16; 1989 c 246 s 7.] NOTES: Purpose— RCW 19.27.175 Recycled materials—Study code and adopt changes. The state building code council, in consultation with the department of ecology and local governments, shall conduct a study of the state building code, and adopt changes as necessary to encourage greater use of recycled building materials from construction and building demolition debris, mixed waste paper, waste paint, waste plastics, and other waste materials. [ 1991 c 297 s 15.] RCW 19.27.180 Residential buildings moved into a city or county—Applicability of building codes and electrical installation requirements. (1) Residential buildings or structures moved into or within a county or city are not required to comply with all of the requirements of the codes enumerated in chapters 19.27 and 19.27A RCW, as amended and maintained by the state building code council and chapter 19.28 RCW, if the original occupancy classification of the building or structure is not changed as a result of the move. (2) This section shall not apply to residential structures or buildings that are substantially remodeled or rehabilitated, nor to any work performed on a new or existing foundation. (3) For the purposes of determining whether a moved building or structure has been substantially remodeled or rebuilt, any cost relating to preparation, construction, or renovation of the foundation shall not be considered. [ 1992 c 79 s 1; 1989 c 313 s 2.] NOTES: Finding— RCW 19.27.190 Indoor air quality—Interim and final requirements for maintenance. (1)(a) Not later than January 1, 1991, the state building code council, in consultation with the department of commerce, shall establish interim requirements for the maintenance of indoor air quality in newly constructed residential buildings. In establishing the interim requirements, the council shall take into consideration differences in heating fuels and heating system types. These requirements shall be in effect July 1, 1991, through June 30, 1993. (b) The interim requirements for new electrically space heated residential buildings shall include ventilation standards which provide for mechanical ventilation in areas of the residence where water vapor or cooking odors are produced. The ventilation shall be exhausted to the outside of the structure. The ventilation standards shall further provide for the capacity to supply outside air to each bedroom and the main living area through dedicated supply air inlet locations in walls, or in an equivalent manner. At least one exhaust fan in the home shall be controlled by a dehumidistat or clock timer to ensure that sufficient whole house ventilation is regularly provided as needed. (c)(i) For new single-family residences with electric space heating systems, zero lot line homes, each unit in a duplex, and each attached housing unit in a planned unit development, the ventilation standards shall include fifty cubic feet per minute of effective installed ventilation capacity in each bathroom and one hundred cubic feet per minute of effective installed ventilation capacity in each kitchen. (ii) For other new residential units with electric space heating systems the ventilation standards may be satisfied by the installation of two exhaust fans with a combined effective installed ventilation capacity of two hundred cubic feet per minute. (iii) Effective installed ventilation capacity means the capability to deliver the specified ventilation rates for the actual design of the ventilation system. Natural ventilation and infiltration shall not be considered acceptable substitutes for mechanical ventilation. (d) For new residential buildings that are space heated with other than electric space heating systems, the interim standards shall be designed to result in indoor air quality equivalent to that achieved with the interim ventilation standards for electric space heated homes. (e) The interim requirements for all newly constructed residential buildings shall include standards for indoor air quality pollutant source control, including the following requirements: All structural panel components of the residence shall comply with appropriate standards for the emission of formaldehyde; the back-drafting of combustion by-products from combustion appliances shall be minimized through the use of dampers, vents, outside combustion air sources, or other appropriate technologies; and, in areas of the state where monitored data indicate action is necessary to inhibit indoor radon gas concentrations from exceeding appropriate health standards, entry of radon gas into homes shall be minimized through appropriate foundation construction measures. (2) No later than January 1, 1993, the state building code council, in consultation with the department of commerce, shall establish final requirements for the maintenance of indoor air quality in newly constructed residences to be in effect beginning July 1, 1993. For new electrically space heated residential buildings, these requirements shall maintain indoor air quality equivalent to that provided by the mechanical ventilation and indoor air pollutant source control requirements included in the February 7, 1989, Bonneville power administration record of decision for the environmental impact statement on new energy efficient homes programs (DOE/EIS-0127F) built with electric space heating. In residential units other than single-family, zero lot line, duplexes, and attached housing units in planned unit developments, ventilation requirements may be satisfied by the installation of two exhaust fans with a combined effective installed ventilation capacity of two hundred cubic feet per minute. For new residential buildings that are space heated with other than electric space heating systems, the standards shall be designed to result in indoor air quality equivalent to that achieved with the ventilation and source control standards for electric space heated homes. In establishing the final requirements, the council shall take into consideration differences in heating fuels and heating system types. [ 2023 c 470 s 2003; 1996 c 186 s 501; 1990 c 2 s 7.] NOTES: Explanatory statement— RCW 19.27.195 Renewable energy systems—Study code and adopt changes. The state building code council, in consultation with the department of commerce and local governments, shall conduct a study of the state building code and adopt changes necessary to encourage greater use of renewable energy systems as defined in RCW 82.16.110. [ 2019 c 235 s 6.] RCW 19.27.490 Fish habitat enhancement project. A fish