title: RCW 19.255.030

text:
(1) A covered entity under the federal health insurance portability and accountability act of 1996, 42 U.S.C. Sec. 1320d et seq., is deemed to have complied with the requirements of this chapter with respect to protected health information if it has complied with section 13402 of the federal health information technology for economic and clinical health act, P.L. 111-5 as it existed on July 24, 2015. Covered entities shall notify the attorney general pursuant to RCW 19.255.010(7) in compliance with the timeliness of notification requirements of section 13402 of the federal health information technology for economic and clinical health act, P.L. 111-5 as it existed on July 24, 2015, notwithstanding the timeline in RCW 19.255.010(7).
(2) A financial institution under the authority of the office of the comptroller of the currency, the federal deposit insurance corporation, the national credit union administration, or the federal reserve system is deemed to have complied with the requirements of this chapter with respect to "sensitive customer information" as defined in the interagency guidelines establishing information security standards, 12 C.F.R. Part 30, Appendix B, 12 C.F.R. Part 208, Appendix D-2, 12 C.F.R. Part 225, Appendix F, and 12 C.F.R. Part 364, Appendix B, and 12 C.F.R. Part 748, Appendices A and B, as they existed on July 24, 2015, if the financial institution provides notice to affected consumers pursuant to the interagency guidelines and the notice complies with the customer notice provisions of the interagency guidelines establishing information security standards and the interagency guidance on response programs for unauthorized access to customer information and customer notice under 12 C.F.R. Part 364 as it existed on July 24, 2015. The entity shall notify the attorney general pursuant to RCW 19.255.010 in addition to providing notice to its primary federal regulator.
[ 2019 c 241 s 3.]
Notes:
Effective date—2019 c 241: See note following RCW 19.255.010.

catchline: Federal law—Covered entities—Financial institutions.


doc_type: statute

jurisdiction: wa

title: RCW 19.255.040

text:
(1) Any waiver of the provisions of this chapter is contrary to public policy, and is void and unenforceable.
(2) The attorney general may bring an action in the name of the state, or as parens patriae on behalf of persons residing in the state, to enforce this chapter. For actions brought by the attorney general to enforce this chapter, the legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. For actions brought by the attorney general to enforce this chapter, a violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for purposes of applying the consumer protection act, chapter 19.86 RCW. An action to enforce this chapter may not be brought under RCW 19.86.090.
(3)(a) Any consumer injured by a violation of this chapter may institute a civil action to recover damages.
(b) Any person or business that violates, proposes to violate, or has violated this chapter may be enjoined.
(c) The rights and remedies available under this chapter are cumulative to each other and to any other rights and remedies available under law.
[ 2019 c 241 s 4.]
Notes:
Effective date—2019 c 241: See note following RCW 19.255.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Consumer protection.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 19.260.010

text:
The legislature finds that appliance standards and design requirements:
(1) For certain products sold or installed in the state assure consumers and businesses that such products meet minimum efficiency performance levels thus saving money on utility bills.
(2) Save energy and reduce pollution and other environmental impacts associated with the production, distribution, and use of electricity and natural gas.
(3) Contribute to the economy of Washington by helping to better balance energy supply and demand, thus reducing pressure for higher natural gas and electricity prices. By saving consumers and businesses money on energy bills, efficiency standards help the state and local economy, since energy bill savings can be spent on local goods and services.
(4) Can make electricity systems more reliable by reducing the strain on the electricity grid during peak demand periods. Furthermore, improved energy efficiency can reduce or delay the need for new power plants, power transmission lines, and power distribution system upgrades.
(5) Help ensure renters have the same access to energy efficient appliances as homeowners.
[ 2019 c 286 s 1; 2005 c 298 s 1.]
Notes:

catchline: Findings.


title: RCW 19.260.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Air compressor" means a compressor designed to compress air that has an inlet open to the atmosphere or other source of air and is made up of a compression element (bare compressor), a driver or drivers, mechanical equipment to drive the compressor element, and any ancillary equipment.
(2) "Air purifier," also known as "room air cleaner," means an electric, cord-connected, portable appliance with the primary function of removing particulate matter from the air and that can be moved from room to room.
(3) "ANSI" means the American national standards institute.
(4) "Bottle-type water dispenser" means a water dispenser that uses a bottle or reservoir as the source of potable water.
(5) "Commercial dishwasher" means a machine designed to clean and sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution, with or without blasting media granules, and a sanitizing rinse.
(6) "Commercial fryer" means an appliance, including a cooking vessel, in which oil is placed to such a depth that the cooking food is supported by displacement of the cooking fluid rather than by the bottom of the vessel. Heat is delivered to the cooking fluid by means of an immersed electric element of band-wrapped vessel (electric fryers) or by heat transfer from gas burners through either the walls of the fryer or through tubes passing through the cooking fluid (gas fryers).
(7) "Commercial hot food holding cabinet" means a heated, fully enclosed compartment, with one or more solid or partial glass doors, that is designed to maintain the temperature of hot food that has been cooked in a separate appliance. "Commercial hot food holding cabinet" does not include heated glass merchandising cabinets, drawer warmers, or cook and hold appliances.
(8) "Commercial oven" means a chamber designed for heating, roasting, or baking food by conduction, convection, radiation, or electromagnetic energy, or any combination thereof.
(9) "Commercial steam cooker" means a device with one or more food-steaming compartments in which the energy in the steam is transferred to the food by direct contact. Models may include countertop models, wall-mounted models, and floor models mounted on a stand, pedestal, or cabinet-style base.
(10) "Compensation" means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.
(11) "Compressor" means a machine or apparatus that converts different types of energy into the potential energy of gas pressure for displacement and compression of gaseous media to any higher-pressure values above atmospheric pressure and has a pressure ratio at full-load operating pressure greater than 1.3.
(12) "Cook and hold appliance" means a multiple mode appliance intended for cooking food that may be used to hold the temperature of the food that has been cooked in the same appliance.
(13) "CTA" means the consumer technology association.
(14) "Department" means the department of commerce.
(15) "Drawer warmer" means an appliance that consists of one or more heated drawers and that is designed to hold hot food that has been cooked in a separate appliance at a specified temperature.
(16) "Electric storage water heater" means a consumer product that uses electricity as the energy source to heat domestic potable water, has a nameplate input rating of twelve kilowatts or less, contains nominally forty gallons but no more than one hundred twenty gallons of rated hot water storage volume, and supplies a maximum hot water delivery temperature less than one hundred eighty degrees Fahrenheit.
(17)(a) "Electric vehicle supply equipment" means the conductors, including the ungrounded, grounded, and equipment grounding conductors, the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy from the premises wiring to the electric vehicle.
(b) "Electric vehicle supply equipment" does not include the conductors, connectors, and fittings that are part of a vehicle, and does not include charging cords with NEMA 5-15P or NEMA 5-20P attachment plugs.
(18) "General service lamp" has the same meaning as set forth in the action published at 82 Fed. Reg. 7276, 7321-22 (January 19, 2017) and modified by the action published at 82 Fed. Reg. 7322, 7333 (January 19, 2017).
(19) "Heated glass merchandising cabinet" means an appliance with a heated cabinet constructed of glass or clear plastic doors which, with seventy percent or more clear area, is designed to display and maintain the temperature of hot food that has been cooked in a separate appliance.
(20) "High color rendering index fluorescent lamp" or "high CRI fluorescent lamp" means a fluorescent lamp with a color rendering index of eighty-seven or greater that is not a compact fluorescent lamp.
(21) "Hot water dispenser" means a small electric water heater that has a measured storage volume of no greater than one gallon.
(22) "Industrial air purifier" means an indoor air cleaning device manufactured, advertised, marketed, labeled, and used solely for industrial use that is marketed solely through industrial supply outlets or businesses and prominently labeled as "Solely for industrial use. Potential health hazard: Emits ozone."
(23) "Mini-tank electric water heater" means a small electric water heater that has a measured storage volume of more than one gallon and a rated storage volume of less than twenty gallons.
(24) "Point-of-use water dispenser" means a water dispenser that uses a pressurized water utility connection as the source of potable water.
(25) "Portable air conditioner" means a portable encased assembly, other than a packaged terminal air conditioner, room air conditioner, or dehumidifier, that delivers cooled, conditioned air to an enclosed space, and is powered by single-phase electric current. It includes a source of refrigeration and may include additional means for air circulation and heating and may be a single-duct or a dual-duct portable air conditioner.
(26) "Portable electric spa" means a factory-built electric spa or hot tub, which may or may not include any combination of integral controls, water heating, or water circulating equipment.
(27) "Pressure regulator" means a device that maintains constant operating pressure immediately downstream from the device, given higher pressure upstream.
(28)(a) "Residential ventilating fan" means a fan whose purpose is to actively supply air to or remove air from the inside of a residence. A "residential ventilating fan" may also be designed to filter incoming air. "Residential ventilating fan" includes, but is not limited to: Ceiling and wall-mounted fans, or remotely mounted in-line fans, designed to be used in a bathroom or utility room; and supply fans designed to provide air to the indoor space.
(b) "Residential ventilating fan" does not include kitchen range hoods.
(29) "Signage display" means an analog or digital device designed primarily for the display for computer-generated signals that is not marketed for use as a computer monitor or a television.
(30) "Spray sprinkler body" means the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or orifice.
(31) "Water cooler" means a freestanding device that consumes energy to cool or heat potable water, including cold only units, hot and cold units, cook and cold units, storage-type units, and on-demand units.
[ 2022 c 19 s 2; (2022 c 19 s 1 expired January 1, 2024). Prior: 2019 c 286 s 2; prior: 2009 c 565 s 18; 2009 c 501 s 1; 2006 c 194 s 1; 2005 c 298 s 2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2022 c 19 s 2: "Section 2 of this act takes effect January 1, 2024." [ 2022 c 19 s 7.]
Expiration date—2022 c 19 s 1: "Section 1 of this act expires January 1, 2024." [ 2022 c 19 s 6.]

catchline: Definitions.


title: RCW 19.260.030

text:
(1) This chapter applies to the following types of new products sold, offered for sale, or installed in the state:
(a) Hot water dispensers and mini-tank electric water heaters;
(b) Bottle-type water dispensers and point-of-use water dispensers;
(c) Portable electric spas;
(d) Tub spout diverters;
(e) Commercial hot food holding cabinets;
(f) Air compressors;
(g) Commercial fryers, commercial dishwashers, and commercial steam cookers;
(h) Computers and computer monitors;
(i) Faucets;
(j) High CRI fluorescent lamps;
(k) Portable air conditioners;
(l) Residential ventilating fans;
(m) Showerheads;
(n) Spray sprinkler bodies;
(o) Urinals and water closets;
(p) Water coolers;
(q) General service lamps;
(r) Electric storage water heaters;
(s) Air purifiers other than industrial air purifiers;
(t) Commercial ovens; and
(u) Electric vehicle supply equipment.
(2) This chapter applies equally to products whether they are sold, offered for sale, or installed as stand-alone products or as components of other products.
(3) This chapter does not apply to:
(a) New products manufactured in the state and sold outside the state;
(b) New products manufactured outside the state and sold at wholesale inside the state for final retail sale and installation outside the state;
(c) Products installed in mobile manufactured homes at the time of construction; or
(d) Products designed expressly for installation and use in recreational vehicles.
[ 2022 c 19 s 3; 2019 c 286 s 3; 2009 c 501 s 2; 2006 c 194 s 2; 2005 c 298 s 3.]

catchline: Application of chapter.


title: RCW 19.260.040

text:
Except as provided in subsection (1) of this section, the minimum efficiency standards specified in this section apply to the types of new products set forth in RCW 19.260.030 as of the effective dates set forth in RCW 19.260.050.
(1) The department may adopt by rule a more recent version of any standard or test method established in this section, including any product definition associated with the standard or test method, in order to maintain or improve consistency with other comparable standards in other states.
(2)(a) The standby energy consumption of bottle-type water dispensers, and point-of-use water dispensers, dispensing both hot and cold water, manufactured on or after January 1, 2010, shall not exceed 1.2 kWh/day.
(b) The test method for water dispensers shall be the environmental protection agency energy star program requirements for bottled water coolers version 1.1.
(3)(a) The standby energy consumption of hot water dispensers and mini-tank electric water heaters manufactured on or after January 1, 2010, shall be not greater than 35 watts.
(b) This subsection does not apply to any water heater:
(i) That is within the scope of 42 U.S.C. Sec. 6292(a)(4) or 6311(1);
(ii) That has a rated storage volume of less than 20 gallons; and
(iii) For which there is no federal test method applicable to that type of water heater.
(c) Hot water dispensers shall be tested in accordance with the method specified in the California Code of Regulations, Title 20, section 1604 in effect as of July 26, 2009.
(d) Mini-tank electric water heaters shall be tested in accordance with the method specified in the California Code of Regulations, Title 20, section 1604 in effect as of July 26, 2009.
(4) The following standards are established for portable electric spas:
(a) Beginning January 1, 2020, portable electric spas must meet the requirements of the American national standard for portable electric spa energy efficiency (ANSI/APSP/ICC-14 2014). Beginning January 1, 2024, portable electric spas must meet the requirements specified in the California Code of regulations, Title 20, section 1605.3 in effect as of January 1, 2022.
(b) Beginning January 1, 2020, portable electric spas must be tested in accordance with the method specified in the American national standard for portable electric spa energy efficiency (ANSI/APSP/ICC-14 2014). Beginning January 1, 2024, portable electric spas must be tested in accordance with the method specified in the California Code of regulations, Title 20, section 1605.3 in effect as of January 1, 2022.
(5) Commercial hot food holding cabinets must meet the qualification criteria of the energy star program requirements product specification for commercial hot food holding cabinets, version 2.0.
(6) Commercial dishwashers included in the scope of the environmental protection agency energy star program product specification for commercial dishwashers, version 2.0, must meet the qualification criteria of that specification.
(7) Commercial fryers included in the scope of the environmental protection agency energy star program product specification for commercial fryers, version 2.0, must meet the qualification criteria for that specification.
(8) Commercial steam cookers must meet the requirements of the environmental protection agency energy star program product specification for commercial steam cookers, version 1.2.
(9) Computers and computer monitors must meet the requirements in the California Code of Regulations, Title 20, section 1605.3(v) as adopted on May 10, 2017, and amended on November 8, 2017, as measured in accordance with test methods prescribed in section 1604(v) of those regulations.
(10) Air compressors that meet the twelve criteria listed on page 350 to 351 of the "energy conservation standards for air compressors" final rule issued by the United States department of energy on December 5, 2016, must meet the requirements in table 1 on page 352 following the instructions on page 353 and as measured in accordance with the "uniform test method for certain air compressors" under 10 C.F.R. Part 431 (Appendix A to Subpart T) as in effect on July 3, 2017.
(11) High CRI fluorescent lamps must meet the requirements in 10 C.F.R. Sec. 430.32(n)(4) in effect as of January 3, 2017, as measured in accordance with the test methods prescribed in 10 C.F.R. Sec. 430.23 (appendix R to subpart B of part 430) in effect as of January 3, 2017.
(12) Portable air conditioners must have a combined energy efficiency ratio, as measured in accordance with the test methods prescribed in 10 C.F.R. Sec. 430.23 (appendix CC to subpart B of part 430) in effect as of January 3, 2017, that is greater than or equal to:
1.04 ×
SACC
(3.7117 × SACC 0.6384)
where "SACC" is seasonally adjusted cooling capacity in Btu/h.
(13)(a) Residential ventilating fans must meet the qualification criteria of the environmental protection agency energy star program product specification for residential ventilating fans, version 3.2, consistent with the timeline specified in RCW 19.260.050(3).
(b) Residential ventilating fans must meet the qualification criteria of the environmental protection agency energy star program product specification for residential ventilating fans, version 4.1, consistent with the timeline specified in RCW 19.260.050(3).
(14) Spray sprinkler bodies that are not specifically excluded from the scope of the environmental protection agency water sense program product specification for spray sprinkler bodies, version 1.0, must include an integral pressure regulator and must meet the water efficiency and performance criteria and other requirements of that specification.
(15) The following products that are within the scope and definition of the applicable regulation must meet the requirements in the California Code of Regulations, Title 20, section 1605.3 in effect as of January 1, 2018, as measured in accordance with the test methods prescribed in the California Code of Regulations, Title 20, section 1604 in effect as of January 1, 2018:
(a) Showerheads;
(b) Tub spout diverters;
(c) Showerhead tub spout diverter combinations;
(d) Lavatory faucets and replacement aerators;
(e) Kitchen faucets and replacement aerators;
(f) Public lavatory faucets and replacement aerators;
(g) Urinals; and
(h) Water closets.
(16) Water coolers included in the scope of the environmental protection agency energy star program product specification for water coolers, version 2.0, must have an on mode with no water draw energy consumption less than or equal to the following values as measured in accordance with the test requirements of that program:
(a) 0.16 kilowatt-hours per day for cold-only units and cook and cold units;
(b) 0.87 kilowatt-hours per day for storage type hot and cold units; and
(c) 0.18 kilowatt-hours per day for on demand hot and cold units.
(17) General service lamps must meet or exceed a lamp efficacy of 45 lumens per watt, when tested in accordance with the applicable federal test procedures for general service lamps prescribed in 10 C.F.R. Sec. 430.23 in effect as of January 3, 2017.
(18) Air purifiers other than industrial air purifiers must meet the qualification criteria of the environmental protection agency energy star program product specification for room air cleaners, version 2.0.
(19) Commercial ovens included in the scope of the energy star program requirements product specification for commercial ovens, version 2.2, must meet the qualification criteria of that specification.
(20) Electric vehicle supply equipment included in the scope of the energy star program requirements product specification for electric vehicle supply equipment, version 1.0, other than charging cords with NEMA 5-15P or NEMA 5-20P attachment plugs, must meet the qualification criteria of that specification.
[ 2022 c 19 s 4; 2019 c 286 s 4; 2009 c 501 s 3; 2006 c 194 s 3; 2005 c 298 s 4.]

catchline: Minimum efficiency standards.


title: RCW 19.260.050

text:
(1) The following products, if manufactured on or after January 1, 2010, may not be sold or offered in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040:
(a) Hot water dispensers and mini-tank electric water heaters;
(b) Bottle-type water dispensers and point-of-use water dispensers;
(c) Portable electric spas;
(d) Tub spout diverters; and
(e) Commercial hot food holding cabinets.
(2) The following products, if manufactured on or after January 1, 2010, may not be installed for compensation in the state on or after January 1, 2011, unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040:
(a) Hot water dispensers and mini-tank electric water heaters;
(b) Bottle-type water dispensers and point-of-use water dispensers;
(c) Portable electric spas;
(d) Tub spout diverters; and
(e) Commercial hot food holding cabinets.
(3) The following products, if manufactured on or after January 1, 2021, may not be sold or offered for sale, lease, or rent in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040:
(a) Commercial dishwashers;
(b) Commercial fryers;
(c) Commercial steam cookers;
(d) Computers or computer monitors;
(e) Faucets;
(f) Residential ventilating fans that meet the standard specified in RCW 19.260.040(13)(a);
(g) Spray sprinkler bodies;
(h) Showerheads;
(i) Urinals and water closets; and
(j) Water coolers.
(4) The following products, if manufactured on or after January 1, 2024, may not be sold or offered for sale, lease, or rent in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040:
(a) Air purifiers other than industrial air purifiers;
(b) Commercial ovens;
(c) Electric vehicle supply equipment; and
(d) Residential ventilating fans that meet the standard specified in RCW 19.260.040(13)(b).
(5) Standards for the following products expire January 1, 2020:
(a) Hot water dispensers; and
(b) Bottle-type water dispensers and point-of-use water dispensers.
(6) A new air compressor manufactured on or after January 1, 2022, may not be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040.
(7) A new portable air conditioner manufactured on or after February 1, 2022, may not be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040.
(8) New general service lamps manufactured on or after January 1, 2020, may not be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040.
(9) No new high CRI fluorescent lamps may be sold or offered for sale in the state after January 1, 2023, unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040. The department may establish by rule an earlier effective date, not before January 1, 2022, if the state of California adopts a comparable standard with an effective date before January 1, 2023.
(10) The department may by rule establish a later effective date or suspend enforcement of any of the requirements of this chapter if the department determines that such a delay or suspension is in the public interest.
[ 2022 c 19 s 5; 2019 c 286 s 6; 2009 c 501 s 4; 2006 c 194 s 4; 2005 c 298 s 5.]

catchline: Limit on sale or installation of products required to meet or exceed standards in RCW 19.260.040.


title: RCW 19.260.060

text:
(1) The department may adopt rules that incorporate by reference federal efficiency standards for federally covered products only as the standards existed on January 1, 2018. The department, in consultation with the office of the attorney general, must regularly submit a report to the appropriate committees of the legislature on federal standards that preempt the state standards set forth in RCW 19.260.040. Any report on federal preemption must be transmitted at least thirty days before the start of any regular legislative session.
(2) The department may recommend updates to the energy efficiency standards and test methods for products listed in RCW 19.260.030. The department may also recommend establishing state standards for additional nonfederally covered products. In making its recommendations, the department shall use the following criteria: (a) Multiple manufacturers produce products that meet the proposed standard at the time of recommendation; (b) products meeting the proposed standard are available at the time of recommendation; (c) the products are cost-effective to consumers on a life-cycle cost basis using average Washington resource rates; (d) the utility of the energy efficient product meets or exceeds the utility of the comparable product available for purchase; and (e) the standard exists in at least two other states in the United States. For recommendations concerning commercial clothes washers, the department must also consider the fiscal effects on the low-income, elderly, and student populations. Any recommendations shall be transmitted to the appropriate committees of the legislature sixty days before the start of any regular legislative session.
[ 2019 c 286 s 7; 2005 c 298 s 6.]

catchline: Department—Authority to adopt rules that reference federal standards—Recommended updates to standards.


title: RCW 19.260.070

text:
(1) The manufacturers of products covered by this chapter must test samples of their products in accordance with the test procedures under this chapter or those specified in the state building code.
(2) Manufacturers of new products covered by RCW 19.260.030 shall certify to the department that the products are in compliance with this chapter. This certification must be based on test results unless this chapter does not specify a test method. The department shall establish rules governing the certification of these products and may rely on the certification programs of other states and federal agencies with similar standards.
(3) Manufacturers of new products covered by RCW 19.260.030 shall identify each product offered for sale or installation in the state as in compliance with this chapter by means of a mark, label, or tag on the product and packaging at the time of sale or installation. The department shall establish rules governing the identification of these products and packaging, which shall be coordinated to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent efficiency standards. Manufacturers of general service lamps that meet the efficiency standards under RCW 19.260.040 are not required to label each individual lamp offered for sale or installation in the state.
(4) The department may test products covered by RCW 19.260.030 and may rely on the results of product testing performed by or on behalf of other governmental jurisdictions with comparable standards. If products so tested are found not to be in compliance with the minimum efficiency standards established under RCW 19.260.040, the department shall: (a) Charge the manufacturer of the product for the cost of product purchase and testing; and (b) make information available to the public on products found not to be in compliance with the standards.
(5) The department shall obtain the test methods specified in RCW 19.260.040, which shall be available for public use at the department's energy policy offices.
(6) The department may investigate complaints received concerning violations of this chapter. Any manufacturer or distributor who violates this chapter shall be issued a warning by the director of the department for any first violation. Repeat violations are subject to a civil penalty of not more than two hundred fifty dollars a day. Penalties assessed under this subsection are in addition to costs assessed under subsection (4) of this section.
(7) The department may adopt rules as necessary to ensure the proper implementation and enforcement of this chapter.
(8) The proceedings relating to this chapter are governed by the administrative procedure act, chapter 34.05 RCW.
[ 2019 c 286 s 8; 2005 c 298 s 7.]

catchline: Manufacturers must test products—Certification—Rules—Identification of products—Complaints—Penalty.


title: RCW 19.260.080

text:
(1) An electric storage water heater, if manufactured on or after January 1, 2021, may not be installed, sold, or offered for sale, lease, or rent in the state unless it complies with the following design requirement:
(a) The product must have a modular demand response communications port compliant with: (i) The March 2018 version of the ANSI/CTA–2045-A communication interface standard, or equivalent and (ii) the March 2018 version of the ANSI/CTA-2045-A application layer requirements.
(b) The interface standard and application layer requirements required in this subsection are the versions established in March 2018, unless the department adopts by rule a later version.
(2) The department may by rule establish a later effective date or suspend enforcement of the requirements of subsection (1) of this section if the department determines that such a delay or suspension is in the public interest.
(3) Private customer information, and proprietary customer information, collected, stored, conveyed, transmitted, or retrieved by an electric storage water heater equipped with a modular demand response communications port required under this section or rules adopted under this chapter is subject to the provisions of RCW 19.29A.100 and 19.29A.110.
(4) An electric utility supplying electricity to a building in which an electric storage water heater that meets the design requirements established in this section has been installed may not, without first having obtained in writing the customer's affirmative consent to participating in a program that allows such alteration, alter, or require the utility customer to alter, the usage of electricity or water relating to the electric storage water heater on the basis of information collected by the electric storage water heater or any associated device.
[ 2019 c 286 s 5.]

catchline: Electric storage water heaters.


title: RCW 19.265.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Borrower" means a taxpayer who receives the proceeds of a refund anticipation loan.
(2) "Department" means the department of financial institutions.
(3) "Director" means the director of the department of financial institutions.
(4) "Facilitator" means a person who receives or accepts for delivery an application for a refund anticipation loan, delivers a check in payment of refund anticipation loan proceeds, or in any other manner acts to allow the making of a refund anticipation loan. "Facilitator" does not include a bank, thrift, savings association, industrial bank, or credit union, operating under the laws of the United States or this state, an affiliate that is a servicer for such an entity, or any person who acts solely as an intermediary and does not deal with a taxpayer in the making of the refund anticipation loan.
(5) "Lender" means a person who extends credit to a borrower in the form of a refund anticipation loan.
(6) "Person" means an individual, a firm, a partnership, an association, a corporation, or other entity.
(7) "Refund anticipation loan" means a loan borrowed by a taxpayer from a lender based on the taxpayer's anticipated federal income tax refund.
(8) "Refund anticipation loan fee" means the charges, fees, or other consideration imposed by the lender for a refund anticipation loan. This term does not include any charge, fee, or other consideration usually imposed by the facilitator in the ordinary course of business for nonloan services, such as fees for tax return preparation and fees for electronic filing of tax returns.
(9) "Refund anticipation loan fee schedule" means a listing or table of refund anticipation loan fees charged by the facilitator or the lender for three or more representative refund anticipation loan amounts. The schedule shall list separately each fee or charge imposed, as well as a total of all fees imposed, related to the making of refund anticipation loans. The schedule shall also include, for each representative loan amount, the estimated annual percentage rate calculated under the guidelines established by the federal truth in lending act, 15 U.S.C. Sec. 1601 et seq.
(10) "Taxpayer" means an individual who files a federal income tax return.
[ 2005 c 471 s 2.]


title: RCW 19.265.020

text:
(1) No person may individually, or in conjunction or cooperation with another person act as a facilitator unless that person is:
(a) A tax preparer or works for a person that engages in the business of tax preparation;
(b) Accepted by the internal revenue service as an authorized IRS e-file provider; and
(c) Registered with the department as a facilitator. The director may prescribe the registration form.
(2) A person is registered as a facilitator by providing the department, on or before December 31st of each year with:
(a) A list of authorized IRS e-file providers in the state of Washington for the current tax filing year; and
(b) A thirty-five dollar processing fee for each authorized e-file provider on the list.
(3) After the December 31st deadline, a facilitator may amend the registration required in subsection (2) of this section to reflect additions or deletions of office locations or e-file providers authorized by the internal revenue service.
(4) The department shall make available to the public a list of all facilitators registered under this section.
(5) This section does not apply to a person doing business as a bank, thrift, savings association, industrial bank, or credit union, operating under the laws of the United States or this state, an affiliate that is a servicer for such an entity, or any person who acts solely as an intermediary and does not deal with a taxpayer in the making of the refund anticipation loan.
(6) This chapter shall preempt and be exclusive of all local acts, statutes, ordinances, and regulations relating to refund anticipation loans. This subsection shall be given retroactive and prospective effect.
[ 2005 c 471 s 3.]

catchline: Registration of facilitators.


title: RCW 19.265.030

text:
(1) For all refund anticipation loans, a facilitator must provide clear disclosure to the borrower prior to the borrower's completion of the application. The disclosure must contain the following:
(a) The refund anticipation loan fee schedule; and
(b) A written statement, in a minimum of ten-point type, containing the following elements:
(i) That a refund anticipation loan is a loan, and is not the borrower's actual income tax refund;
(ii) That the taxpayer can file an income tax return electronically without applying for a refund anticipation loan;
(iii) The average times according to the internal revenue service within which a taxpayer who does not obtain a refund anticipation loan can expect to receive a refund if the taxpayer's return is (A) filed electronically and the refund is directly deposited to the taxpayer's bank account or mailed to the taxpayer, and (B) mailed to the internal revenue service and the refund is directly deposited to the taxpayer's bank account or mailed to the taxpayer;
(iv) That the internal revenue service does not guarantee that it will pay the full amount of the anticipated refund and it does not guarantee a specific date that a refund will be deposited into a taxpayer's financial institution account or mailed to a taxpayer;
(v) That the borrower is responsible for repayment of the loan and related fees in the event that the tax refund is not paid or paid in full;
(vi) The estimated time within which the loan proceeds will be paid to the borrower if the loan is approved;
(vii) The fee that will be charged, if any, if the borrower's loan is not approved; and
(viii) The borrower's right to rescind the refund anticipation loan transaction as provided in RCW 19.265.040.
(2) The following additional information must be provided to the borrower of a refund anticipation loan before consummation of the loan transaction:
(a) The estimated total fees for obtaining the refund anticipation loan; and
(b) The estimated annual percentage rate for the borrower's refund anticipation loan, using the guidelines established under the federal truth in lending act (15 U.S.C. Sec. 1601 et seq.).
[ 2005 c 471 s 4.]

catchline: Required disclosure.


title: RCW 19.265.040

text:
A borrower may rescind a loan, on or before the close of business on the next day of business, by either returning the original check issued for the loan or providing the amount of the loan in cash to the lender or the facilitator. The facilitator may not charge the borrower a fee for rescinding the loan or a refund anticipation loan fee if the loan is rescinded but may charge the borrower the administrative cost of establishing a bank account to electronically receive the refund.
[ 2005 c 471 s 5.]

catchline: Borrower may rescind loan—Manner.


title: RCW 19.265.050

text:
It is unlawful for a facilitator of a refund anticipation loan to engage in any of the following activities:
(1) Misrepresent a material factor or condition of a refund anticipation loan;
(2) Fail to process the application for a refund anticipation loan promptly after the consumer applies for the loan;
(3) Engage in any dishonest, fraudulent, unfair, unconscionable, or unethical practice or conduct in connection with a refund anticipation loan;
(4) Arrange for a creditor to take a security interest in any property of the consumer other than the proceeds of the consumer's tax refund and the account into which that tax refund is deposited to secure payment of the loan; and
(5) Offer a refund anticipation loan that, including any refund anticipation loan fee or any other fee related to the loan or tax preparation, exceeds the amount of the anticipated tax refund.
[ 2005 c 471 s 6.]

catchline: Facilitators—Unlawful activities.


title: RCW 19.265.060

text:
Any person who knowingly and willfully violates this chapter is guilty of a misdemeanor and shall be fined up to five hundred dollars for each offense.
[ 2005 c 471 s 7.]

catchline: Violation of chapter—Penalty.


title: RCW 19.265.070

text:
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 2005 c 471 s 8.]

catchline: Finding—Application of chapter 19.86 RCW.


title: RCW 19.265.900

text:
This chapter may be known and cited as the tax refund anticipation loan act.
[ 2005 c 471 s 1.]

catchline: Short title.


title: RCW 19.27.010

text:
This chapter shall be known as the State Building Code Act.
[ 1974 ex.s. c 96 s 1.]


title: RCW 19.27.015

text:
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: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Finding—Intent—2026 c 41: "The legislature finds that the price of introductory housing has become unaffordable for homebuyers of modest means. As a result, the legislature intends to create the kit home category of building codes to provide for a small home that is affordable for more homebuyers." [ 2026 c 41 s 1.]
Findings—2024 c 19: See note following RCW 19.27.065.
Effective date—2018 c 207 ss 1-8: See note following RCW 19.27.070.
Finding—Performance audit—2009 c 362: See notes following RCW 19.27.087.
Effective date—1996 c 157: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 25, 1996]." [ 1996 c 157 s 3.]


title: RCW 19.27.020

text:
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.]

catchline: Purposes—Objectives—Standards.


title: RCW 19.27.031

text:
(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: *(1) RCW 19.27A.020 was amended by 2025 c 1 s 6, changing subsection (3) to subsection (4).
(2) This section was amended by 2024 c 133 s 1 and by 2024 c 170 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2024 c 133: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 15, 2024]." [ 2024 c 133 s 5.]
Finding—Intent—2015 c 11: "The legislature finds that the state building code council adopted by rule changes to the climate zones used in the building codes due to modifications in the 2012 international energy conservation code (IECC). The legislature intends to update the statutes to be more reflective of the national standards." [ 2015 c 11 s 1.]
Intent—Finding—2003 c 291: "(1) The intent of the adoption of the International Building Code by the legislature is to remain consistent with state laws regulating construction, including electrical, plumbing, and energy codes established in chapters 19.27, 19.27A, and 19.28 RCW. The International Building Code references the International Residential Code for provisions related to the construction of single and multiple-family dwellings. No portion of the International Residential Code shall supersede or take precedent over provisions in chapter 19.28 RCW, regulating the electrical code; nor provisions in RCW 19.27.031(4), regulating the plumbing code; nor provisions in chapter 19.27A RCW, regulating the energy code.
(2) It is in the state's interest and consistent with the state building code act to have in effect provisions regulating the construction of single and multiple-family residences. It is the legislative intent that the state building code council adopt the International Residential Code through rule making granted in RCW 19.27.074, consistent with state law regulating construction for electrical, plumbing, and energy codes, and other state and federal laws regulating single and multiple-family construction.
(3) In accordance with RCW 19.27.020, the state building code council shall promote fire and life safety in buildings consistent with accepted standards. In adopting the codes for the state of Washington, the state building code council shall consider provisions related to firefighter safety published by nationally recognized organizations. The state building code council shall review all nationally recognized codes as set forth in RCW 19.27.074.
(4) The legislature finds that building codes are an integral component of affordable housing. In accordance with this finding, the state building code council shall consider and review building code provisions related to improving affordable housing." [ 2003 c 291 s 1.]
Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.


title: RCW 19.27.032

text:
(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.]


title: RCW 19.27.033

text:
(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.]

catchline: Amendment—Technical advisory groups.


title: RCW 19.27.034

text:
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.]

catchline: Amendment—Approval criteria.


title: RCW 19.27.035

text:
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—2019 c 352: See note following RCW 58.17.040.
Effective date—2018 c 207 ss 1-8: See note following RCW 19.27.070.

catchline: Process for review.


title: RCW 19.27.040

text:
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—1990 c 2: "Sections 1 through 4, 6, 7, 9, and 10 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect March 1, 1990. Sections 11 and 12 of this act shall take effect January 1, 1991. Section 8 of this act shall take effect July 1, 1991." [ 1990 c 2 s 14.]
Findings—Severability—1990 c 2: See notes following RCW 19.27A.015.

catchline: Cities and counties authorized to amend state building code—Limitations.


title: RCW 19.27.042

text:
(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.]

catchline: Cities and counties—Emergency exemptions for housing for indigent persons—Rule making for temporary emergency shelter standards.


title: RCW 19.27.050

text:
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.]

catchline: Enforcement.


title: RCW 19.27.060

text:
(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 19.27.031 was amended by 2024 c 170 s 1, changing subsection (1)(b) to subsection (1)(a)(ii).
Effective dates—1987 c 462: See note following RCW 13.04.116.

catchline: Local building regulations superseded—Exceptions.


title: RCW 19.27.065

text:
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—2024 c 19: "The legislature recognizes that both food security and food quality are increasingly threatened by ongoing logistical supply line disruptions and inflation. Access to and affordability of food, in particular fresh fruits and vegetables, is vital to the health and well-being of our citizens. The legislature finds that supporting the growth and development of innovative new low-energy techniques for the year-round production of fresh fruits and vegetables at the local level is a crucial part of solving this need. Local food banks have done tremendous work in providing access to nutrition during the COVID-19 pandemic. The legislature finds that supporting local food banks in providing access to affordable nutrition enhances the health and welfare of our citizens. The legislature seeks to encourage the adoption of these techniques by individual families in order to increase and enhance access and availability to fresh year-round food supplies for themselves and their communities." [ 2024 c 19 s 1.]
Effective date—1996 c 157: See note following RCW 19.27.015.

catchline: Exemption—Temporary growing structures used for production of horticultural plants.


title: RCW 19.27.067

text:
(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.]


title: RCW 19.27.070

text:
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—2018 c 207 ss 1-8: "Sections 1 through 8 of this act take effect July 1, 2018." [ 2018 c 207 s 11.]
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Purpose—Effective date—2010 c 271: See notes following RCW 43.330.005.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: State building code council—Established—Membership—Travel expenses.


title: RCW 19.27.074

text:
(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: This section was amended by 2024 c 133 s 2 and by 2024 c 170 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2024 c 133: See note following RCW 19.27.031.
Effective date—2018 c 207 ss 1-8: See note following RCW 19.27.070.

catchline: State building code council—Duties—Public meetings—Timing of code changes.


title: RCW 19.27.076

text:
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—2018 c 207 ss 1-8: See note following RCW 19.27.070.

catchline: State building code council—Open public access information technologies.


title: RCW 19.27.077

text:
(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.]

catchline: State building code council—Mobile on-demand gasoline operations—Adoption of rules—Fees.


title: RCW 19.27.080

text:
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—2021 c 65: See note following RCW 53.54.030.
Intent—Finding—2003 c 291: See note following RCW 19.27.031.
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Captions—Severability—Effective date—1989 c 346: See RCW 70A.355.900 through 70A.355.902.

catchline: Chapters of RCW not affected.


title: RCW 19.27.085

text:
(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—2018 c 207 ss 1-8: See note following RCW 19.27.070.

catchline: Building code council account—Building permit fee.


title: RCW 19.27.087

text:
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—2009 c 362: "The legislature finds that permit and inspection fees for new agricultural structures should not exceed the direct and indirect costs associated with reviewing permit applications, conducting inspections, and preparing specific environmental documents." [ 2009 c 362 s 1.]

catchline: Building permit and plan review fees—Agricultural structures.


title: RCW 19.27.090

text:
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.]

catchline: Local jurisdictions reserved.


title: RCW 19.27.095

text:
(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—Effective date, application—1991 c 281: See RCW 60.04.900 and 60.04.902.


title: RCW 19.27.097

text:
(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, 178 Wn.2d 571, 311 P.3d 6 (2013).
(g) In other areas of the state, physical and legal evidence of an adequate water supply may be demonstrated by the submission of a water well report consistent with the requirements of chapter 18.104 RCW.
(h) For the purposes of this subsection (1), "water resource inventory areas" means those areas described in chapter 173-500 WAC as of January 19, 2018.
(2) In addition to other authorities, the county or city may impose additional requirements, including conditions on building permits requiring connection to an existing public water system where the existing system is willing and able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency.
(3) Within counties not required or not choosing to plan pursuant to RCW 36.70A.040, the county and the state may mutually determine those areas in the county in which the requirements of subsection (1) of this section shall not apply. The departments of health and ecology shall coordinate on the implementation of this section. Should the county and the state fail to mutually determine those areas to be designated pursuant to this subsection, the county may petition the department of enterprise services to mediate or, if necessary, make the determination.
(4) Buildings that do not need potable water facilities are exempt from the provisions of this section. The department of ecology, after consultation with local governments, may adopt rules to implement this section, which may recognize differences between high-growth and low-growth counties.
(5) Any permit-exempt groundwater withdrawal authorized under RCW 90.44.050 associated with a water well constructed in accordance with the provisions of chapter 18.104 RCW before January 19, 2018, is deemed to be evidence of adequate water supply under this section.
[ 2018 c 1 s 101; 2015 c 225 s 17; 2010 c 271 s 302; 1995 c 399 s 9; 1991 sp.s. c 32 s 28; 1990 1st ex.s. c 17 s 63.]
Notes:
Intent—2018 c 1: See note following RCW 90.94.010.
Effective date—2018 c 1: See RCW 90.94.900.
Purpose—Effective date—2010 c 271: See notes following RCW 43.330.005.
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901.

catchline: 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.


title: RCW 19.27.100

text:
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—Performance audit—2009 c 362: See notes following RCW 19.27.087.

catchline: Cities, towns, counties may impose fees different from state building code.