wa-law.org > bill > 2025-26 > HB 2141 > Original Bill
(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:
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:
Beginning with the effective date of the 2024 adoption of the building codes as described in RCW 19.27.031(3), the council shall not initiate, adopt, or implement any further editions, revisions, or updates to the building codes for 10 years. Starting with the adoption of the 2036 edition of the model codes, substantive updates to the state building code shall occur no more than every six years as described in RCW 19.27.031(3). No substantive provision may be adopted, amended, or repealed except during the six-year code adoption cycle, or as provided in (c) or (d) of this subsection. Until the adoption of the 2036 model codes:
Local amendments to the building codes must not be approved by the council;
Published corrections to errors in the codes must be completed within 12 months of the effective implementation date; and
The council may engage in legislatively directed projects, planning, study, and stakeholder engagement activities, provided that no adoption or implementation of new or revised codes shall occur until 10 years after the implementation date of the 2024 codes as described in RCW 19.27.031(3).
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.
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(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.
e. Nothing in this section shall be construed to prevent the council from exercising its authority under chapter 19.27 or 19.27A RCW, including the adoption or amendment of provisions of the state codes when: (i) Necessary to address an imminent and present threat to the health, safety, or welfare of the occupants or users of a structure; (ii) required to maintain compliance with federal or state laws or regulations; or (iii) mandated by a court order.
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.
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.
The council shall approve the referral of a statewide amendment to a standing committee or technical advisory group.
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.
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.
Except as provided in RCW 19.27A.020(7), the Washington state energy code for residential buildings shall be the maximum and minimum energy code for residential buildings in each city, town, and county and shall be enforced by each city, town, and county no later than July 1, 1991. The Washington state energy code for nonresidential buildings shall be the minimum energy code for nonresidential buildings enforced by each city, town, and county.
Beginning on the effective date of the 2024 energy code for residential buildings and nonresidential buildings, the council shall not initiate, adopt, or implement any further editions, revisions, or updates to the energy code for residential buildings or nonresidential buildings, or both, for 10 years. Starting with the adoption of the 2036 edition of the energy codes for residential buildings and nonresidential buildings, substantive updates to the code shall occur no more than every six years.
Local amendments to the building codes must not be approved by the council during this time.
Published corrections to errors in the codes must be completed within 12 months of the effective implementation date.
The prohibition in this subsection applies to all codes within the council's jurisdiction in chapters 19.27 and 19.27A RCW.
The council may, during the 10-year pause, engage in legislatively directed projects, planning, study, and stakeholder engagement activities, provided that no adoption or implementation of new or revised codes shall occur until the expiration of the pause period. Until the adoption of the 2036 codes as referenced above:
Local amendments to the building codes must not be approved by the council;
Published corrections to errors in the codes must be completed within 12 months of the effective implementation date; and
The council may engage in legislatively directed projects, planning, study, and stakeholder engagement activities, provided that no adoption or implementation of new or revised codes shall occur until 10 years after the implementation date of the 2024 codes as described in chapter 19.27A RCW.
Nothing in this section shall be construed to prevent the council from exercising its authority under chapter 19.27A RCW, including the adoption or amendment of provisions of the state codes when: (a) Necessary to address an imminent and present threat to the health, safety, or welfare of the occupants or users of a structure; (b) required to maintain compliance with federal or state laws or regulations; or (c) mandated by a court order.
The state building code council in the department of enterprise services shall adopt rules to be known as the Washington state energy code as part of the state building code.
The council shall follow the legislature's standards set forth in this section to adopt rules to be known as the Washington state energy code. The Washington state energy code shall be designed to:
Construct increasingly energy efficient homes and buildings ;
Require new buildings to meet a certain level of energy efficiency, but allow flexibility in building design, construction, and heating equipment efficiencies within that framework; and
Allow space heating equipment efficiency to offset or substitute for building envelope thermal performance.
The Washington state energy code may not in any way prohibit, penalize, or discourage the use of gas for any form of heating, or for uses related to any appliance or equipment, in any building.
The Washington state energy code shall take into account regional climatic conditions. One climate zone includes: Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Skamania, Spokane, Stevens, Walla Walla, Whitman, and Yakima counties. The other climate zone includes all other counties not listed in this subsection (4). The assignment of a county to a climate zone may not be changed by adoption of a model code or rule. Nothing in this section prohibits the council from adopting the same rules or standards for each climate zone.
The Washington state energy code for residential buildings shall be the 2006 edition of the Washington state energy code, or as amended by rule by the council.
The minimum state energy code for new nonresidential buildings shall be the Washington state energy code, 2006 edition, or as amended by the council by rule.
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Except as provided in (b) of this subsection, the Washington state energy code for residential structures shall preempt the residential energy code of each city, town, and county in the state of Washington.
The state energy code for residential structures does not preempt a city, town, or county's energy code for residential structures which exceeds the requirements of the state energy code and which was adopted by the city, town, or county prior to March 1, 1990. Such cities, towns, or counties may not subsequently amend their energy code for residential structures to exceed the requirements adopted prior to March 1, 1990.
The state building code council shall consult with the department of enterprise services as provided in RCW 34.05.310 prior to publication of proposed rules. The director of the department of enterprise services shall recommend to the state building code council any changes necessary to conform the proposed rules to the requirements of this section.
The state building code council shall evaluate and consider adoption of the international energy conservation code in Washington state in place of the existing state energy code.
The definitions in RCW 19.27A.140 apply throughout this section.