title: RCW 19.27.110

text:
Each county government shall administer and enforce the International Fire Code in the unincorporated areas of the county: PROVIDED, That any political subdivision or municipal corporation providing fire protection pursuant to RCW 14.08.120 shall, at its sole option, be responsible for administration and enforcement of the International Fire Code on its facility. Any fire protection district or political subdivision may, pursuant to chapter 39.34 RCW, the interlocal cooperation act, assume all or a portion of the administering responsibility and coordinate and cooperate with the county government in the enforcement of the International Fire Code.
It is not the intent of RCW 19.27.110 and 19.27.111 to preclude or limit the authority of any city, town, county, fire protection district, state agency, or political subdivision from engaging in those fire prevention activities with which they are charged.
It is not the intent of the legislature by adopting the state building code or RCW 19.27.110 and 19.27.111 to grant counties any more power to suppress or extinguish fires than counties currently possess under the Constitution or other statutes.
Each county is authorized to impose fees sufficient to pay the cost of inspections, administration, and enforcement pursuant to RCW 19.27.110 and 19.27.111.
[ 2003 c 291 s 4; 1975-'76 2nd ex.s. c 37 s 1.]
Notes:
Intent—Finding—2003 c 291: See note following RCW 19.27.031.

catchline: International fire code—Administration and enforcement by counties, other political subdivisions and municipal corporations—Fees.


doc_type: statute

jurisdiction: wa

title: RCW 19.27.111

text:
Nothing in RCW 19.27.110 shall affect the provisions of RCW 19.27.080.
[1975-'76 2nd ex.s. c 37 s 2.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: RCW 19.27.080 not affected.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 19.27.113

text:
The building code council shall adopt rules by December 1, 1991, requiring that all buildings classed as E-1 occupancies, as defined in the state building code, except portable school classrooms, constructed after July 28, 1991, be provided with an automatic fire-extinguishing system. Rules adopted by the council shall consider applicable nationally recognized fire and building code standards and local conditions.
By December 15, 1991, the council shall transmit to the superintendent of public instruction, the state board of education, and the fire protection policy board copies of the rules as adopted. The superintendent of public instruction, the state board of education, and the fire protection policy board shall respond to the council by February 15, 1992, with any recommended changes to the rule. If changes are recommended the council shall immediately consider those changes to the rules through its rule-making procedures. The rules shall be effective on July 1, 1992.
[ 1991 c 170 s 1.]
Notes:
Schools—Standards for fire prevention and safety: RCW 43.44.030.

catchline: Automatic fire-extinguishing systems for certain school buildings.


title: RCW 19.27.115

text:
(1) The state building code council shall convene a technical advisory group for the purpose of recommending modifications and limitations to the international building code that would allow for a single exit stairway to serve multifamily residential structures up to six stories above grade plane. The recommendations must include considerations for adequate and available water supply, the presence and response time of a professional fire department, and any other provisions necessary to ensure public health, safety, and general welfare.
(2) The technical advisory group shall provide its recommendations to the council in time for the council to adopt or amend rules or codes as necessary for implementation in the 2024 international building code. The council shall take action to adopt additions and amendments to rules or codes as necessary by July 1, 2026.
[ 2023 c 372 s 1.]

catchline: Technical advisory group—International building code.


title: RCW 19.27.120

text:
(1) Repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, strengthening, or continued use of a building or structure may be made without conformance to all of the requirements of the codes adopted under RCW 19.27.031, when authorized by the appropriate building official under the rules adopted under subsection (2) of this section, provided:
(a) The building or structure: (i) Has been designated by official action of a legislative body as having special historical or architectural significance, or (ii) is an unreinforced masonry building or structure on the state or the national register of historic places, or is potentially eligible for placement on such registers; and
(b) The restored building or structure will be less hazardous, based on life and fire risk, than the existing building.
(2) The state building code council shall adopt rules, where appropriate, to provide alternative methods to those otherwise required under this chapter for repairs, alterations, and additions necessary for preservation, restoration, rehabilitation, strengthening, or continued use of buildings and structures identified under subsection (1) of this section.
[ 1985 c 360 s 13; 1975-'76 2nd ex.s. c 11 s 1.]

catchline: Buildings or structures having special historical or architectural significance—Exception.


title: RCW 19.27.140

text:
A copy of any permit obtained under the state building code for construction or alteration work of a total cost or fair market value in excess of five hundred dollars, shall be transmitted by the issuing authority to the county assessor of the county where the property on which the construction or alteration work is located. The building permit shall contain the county assessor's parcel number.
[ 1989 c 246 s 5.]

catchline: Copy of permit to county assessor.


title: RCW 19.27.150

text:
Every month a copy of the United States department of commerce, bureau of the census' "report of building or zoning permits issued and local public construction" or equivalent report shall be transmitted by the governing bodies of counties and cities to the department of enterprise services.
[ 2015 c 225 s 18; 2010 c 271 s 303; 1995 c 399 s 10; 1989 c 246 s 6.]
Notes:
Purpose—Effective date—2010 c 271: See notes following RCW 43.330.005.

catchline: Report to department of enterprise services.


title: RCW 19.27.160

text:
Any county with a population of from five thousand to less than ten thousand that had in effect on July 1, 1985, an ordinance or resolution authorizing and regulating the construction of owner-built residences may reenact such an ordinance or resolution if the ordinance or resolution is reenacted before September 30, 1989. After reenactment, the county shall transmit a copy of the ordinance or resolution to the state building code council.
[ 1991 c 363 s 16; 1989 c 246 s 7.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Counties with populations of from five thousand to less than ten thousand—Ordinance reenactment.


title: RCW 19.27.175

text:
The state building code council, in consultation with the department of ecology and local governments, shall conduct a study of the state building code, and adopt changes as necessary to encourage greater use of recycled building materials from construction and building demolition debris, mixed waste paper, waste paint, waste plastics, and other waste materials.
[ 1991 c 297 s 15.]

catchline: Recycled materials—Study code and adopt changes.


title: RCW 19.27.180

text:
(1) Residential buildings or structures moved into or within a county or city are not required to comply with all of the requirements of the codes enumerated in chapters 19.27 and 19.27A RCW, as amended and maintained by the state building code council and chapter 19.28 RCW, if the original occupancy classification of the building or structure is not changed as a result of the move.
(2) This section shall not apply to residential structures or buildings that are substantially remodeled or rehabilitated, nor to any work performed on a new or existing foundation.
(3) For the purposes of determining whether a moved building or structure has been substantially remodeled or rebuilt, any cost relating to preparation, construction, or renovation of the foundation shall not be considered.
[ 1992 c 79 s 1; 1989 c 313 s 2.]
Notes:
Finding—1989 c 313: "The legislature finds that moved buildings or structures can provide affordable housing for many persons of lower income; that many of the moved structures or buildings were legally built to the construction standards of their day; and that requiring the moved building or structure to meet all new construction codes may limit their use as an affordable housing option for persons of lower income.
The legislature further finds that application of the new construction code standards to moved structures and buildings present unique difficulties and that it is the intent of the legislature that any moved structure or building that meets the codes at the time it was constructed does not need to comply with any updated state building code unless the structure is substantially remodeled or rebuilt." [ 1989 c 313 s 1.]

catchline: Residential buildings moved into a city or county—Applicability of building codes and electrical installation requirements.


title: RCW 19.27.190

text:
(1)(a) Not later than January 1, 1991, the state building code council, in consultation with the department of commerce, shall establish interim requirements for the maintenance of indoor air quality in newly constructed residential buildings. In establishing the interim requirements, the council shall take into consideration differences in heating fuels and heating system types. These requirements shall be in effect July 1, 1991, through June 30, 1993.
(b) The interim requirements for new electrically space heated residential buildings shall include ventilation standards which provide for mechanical ventilation in areas of the residence where water vapor or cooking odors are produced. The ventilation shall be exhausted to the outside of the structure. The ventilation standards shall further provide for the capacity to supply outside air to each bedroom and the main living area through dedicated supply air inlet locations in walls, or in an equivalent manner. At least one exhaust fan in the home shall be controlled by a dehumidistat or clock timer to ensure that sufficient whole house ventilation is regularly provided as needed.
(c)(i) For new single-family residences with electric space heating systems, zero lot line homes, each unit in a duplex, and each attached housing unit in a planned unit development, the ventilation standards shall include fifty cubic feet per minute of effective installed ventilation capacity in each bathroom and one hundred cubic feet per minute of effective installed ventilation capacity in each kitchen.
(ii) For other new residential units with electric space heating systems the ventilation standards may be satisfied by the installation of two exhaust fans with a combined effective installed ventilation capacity of two hundred cubic feet per minute.
(iii) Effective installed ventilation capacity means the capability to deliver the specified ventilation rates for the actual design of the ventilation system. Natural ventilation and infiltration shall not be considered acceptable substitutes for mechanical ventilation.
(d) For new residential buildings that are space heated with other than electric space heating systems, the interim standards shall be designed to result in indoor air quality equivalent to that achieved with the interim ventilation standards for electric space heated homes.
(e) The interim requirements for all newly constructed residential buildings shall include standards for indoor air quality pollutant source control, including the following requirements: All structural panel components of the residence shall comply with appropriate standards for the emission of formaldehyde; the back-drafting of combustion by-products from combustion appliances shall be minimized through the use of dampers, vents, outside combustion air sources, or other appropriate technologies; and, in areas of the state where monitored data indicate action is necessary to inhibit indoor radon gas concentrations from exceeding appropriate health standards, entry of radon gas into homes shall be minimized through appropriate foundation construction measures.
(2) No later than January 1, 1993, the state building code council, in consultation with the department of commerce, shall establish final requirements for the maintenance of indoor air quality in newly constructed residences to be in effect beginning July 1, 1993. For new electrically space heated residential buildings, these requirements shall maintain indoor air quality equivalent to that provided by the mechanical ventilation and indoor air pollutant source control requirements included in the February 7, 1989, Bonneville power administration record of decision for the environmental impact statement on new energy efficient homes programs (DOE/EIS-0127F) built with electric space heating. In residential units other than single-family, zero lot line, duplexes, and attached housing units in planned unit developments, ventilation requirements may be satisfied by the installation of two exhaust fans with a combined effective installed ventilation capacity of two hundred cubic feet per minute. For new residential buildings that are space heated with other than electric space heating systems, the standards shall be designed to result in indoor air quality equivalent to that achieved with the ventilation and source control standards for electric space heated homes. In establishing the final requirements, the council shall take into consideration differences in heating fuels and heating system types.
[ 2023 c 470 s 2003; 1996 c 186 s 501; 1990 c 2 s 7.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
Effective dates—1990 c 2: See note following RCW 19.27.040.
Findings—Severability—1990 c 2: See notes following RCW 19.27A.015.

catchline: Indoor air quality—Interim and final requirements for maintenance.


title: RCW 19.27.195

text:
The state building code council, in consultation with the department of commerce and local governments, shall conduct a study of the state building code and adopt changes necessary to encourage greater use of renewable energy systems as defined in RCW 82.16.110.
[ 2019 c 235 s 6.]

catchline: Renewable energy systems—Study code and adopt changes.


title: RCW 19.27.490

text:
A fish habitat enhancement project meeting the criteria of RCW 77.55.181 is not subject to grading permits, inspections, or fees and shall be reviewed according to the provisions of RCW 77.55.181.
[ 2014 c 120 s 8; 2003 c 39 s 11; 1998 c 249 s 14.]
Notes:
Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181.

catchline: Fish habitat enhancement project.


title: RCW 19.27.500

text:
(1) The building code council shall adopt rules requiring that all nightclubs be provided with an automatic sprinkler system. Rules adopted by the council shall consider applicable nationally recognized fire and building code standards and local conditions and require that the automatic sprinkler systems be installed by December 1, 2009.
(2) The council shall transmit to the fire protection policy board copies of the rules as adopted. The fire protection policy board shall respond to the council within sixty days after receipt of the rules. If changes are recommended by the fire protection policy board the council shall immediately consider those changes to the rules through its rule-making procedures.
[ 2007 c 434 s 1; 2005 c 148 s 1.]

catchline: Nightclubs—Automatic sprinkler system—Building code council shall adopt rules.


title: RCW 19.27.510

text:
As used in this chapter:
"Nightclub" means an A-2 occupancy use under the 2006 international building code in which the aggregate area of concentrated use of unfixed chairs and standing space that is specifically designated and primarily used for dancing or viewing performers exceeds three hundred fifty square feet, excluding adjacent lobby areas. "Nightclub" does not include theaters with fixed seating, banquet halls, or lodge halls.
[ 2007 c 434 s 2; 2005 c 148 s 2.]

catchline: "Nightclub" defined.


title: RCW 19.27.520

text:
No building shall be constructed for, used for, or converted to, occupancy as a nightclub except in accordance with this chapter.
[ 2005 c 148 s 3.]

catchline: Building constructed, used, or converted to nightclub—In accordance with chapter.


title: RCW 19.27.530

text:
(1) By July 1, 2010, the building code council shall adopt rules requiring that all buildings classified as residential occupancies, as defined in the state building code in chapter 51-54 WAC, but excluding owner-occupied single-family residences legally occupied before July 26, 2009, be equipped with carbon monoxide alarms.
(2)(a) The building code council may phase in the carbon monoxide alarm requirements on a schedule that it determines reasonable, provided that the rules require that by January 1, 2011, all newly constructed buildings classified as residential occupancies will be equipped with carbon monoxide alarms, and all other buildings classified as residential occupancies will be equipped with carbon monoxide alarms by January 1, 2013.
(b) Owner-occupied single-family residences legally occupied before July 26, 2009, are exempt from the requirements of this subsection (2). However, for any owner-occupied single-family residence that is sold on or after July 26, 2009, the seller must equip the residence with carbon monoxide alarms in accordance with the requirements of the state building code before the buyer or any other person may legally occupy the residence following such sale.
(3) The building code council may exempt categories of buildings classified as residential occupancies if it determines that requiring carbon monoxide alarms are unnecessary to protect the health and welfare of the occupants.
(4) The rules adopted by the building code council under this section must (a) consider applicable nationally accepted standards and (b) require that the maintenance of a carbon monoxide alarm in a building where a tenancy exists, including the replacement of batteries, is the responsibility of the tenant, who shall maintain the alarm as specified by the manufacturer.
(5) Real estate brokers licensed under chapter 18.85 RCW shall not be liable in any civil, administrative, or other proceeding for the failure of any seller or other property owner to comply with the requirements of this section or rules adopted by the building code council.
[ 2012 c 132 s 4; 2009 c 313 s 2.]
Notes:
Findings—2012 c 132: See note following RCW 64.06.020.
Intent—2009 c 313: "The legislature recognizes that carbon monoxide poses a serious threat. According to national statistics from the centers for disease control, carbon monoxide kills more than five hundred people and accounts for an estimated twenty thousand emergency department visits annually. Specifically, Washington state has experienced the dire effects of carbon monoxide poisoning. In the storms that struck Washington in December 2006, it was estimated that over one thousand people in the state were seen at hospital emergency rooms with symptoms of carbon monoxide poisoning, and eight people reportedly died of carbon monoxide exposure. It is the intent of the legislature to implement policies to prevent similar tragedies from occurring in the future." [ 2009 c 313 s 1.]

catchline: Carbon monoxide alarms—Requirements—Exemptions—Adoption of rules.


title: RCW 19.27.540

text:
(1) The building code council shall adopt rules for electric vehicle infrastructure requirements. Rules adopted by the state building code council must consider applicable national and international standards and be consistent with rules adopted under RCW 19.28.281.
(2)(a) Except as provided in (b) of this subsection, the rules adopted under this section must require electric vehicle charging capability at all new buildings that provide on-site parking. Where parking is provided, the greater of one parking space or ten percent of parking spaces, rounded to the next whole number, must be provided with wiring or raceway sized to accommodate 208/240 V 40-amp or equivalent electric vehicle charging. Electrical rooms serving buildings with on-site parking must be sized to accommodate the potential for electrical equipment and distribution required to serve a minimum of twenty percent of the total parking spaces with 208/240 V 40-amp or equivalent electric vehicle charging. Load management infrastructure may be used to adjust the size and capacity of the required building electric service equipment and circuits on the customer facilities, as well as electric utility-owned infrastructure, as allowed by applicable local and national electrical code. For accessible parking spaces, the greater of one parking space or ten percent of accessible parking spaces, rounded to the next whole number, must be provided with electric vehicle charging infrastructure that may also serve adjacent parking spaces not designated as accessible parking.
(b) For occupancies classified as assembly, education, or mercantile, the requirements of this section apply only to employee parking spaces. The requirements of this section do not apply to occupancies classified as utility or miscellaneous.
(c) Except for rules related to residential R-3, the required rules required under this subsection must be implemented by July 1, 2021. The rules required under this subsection for occupancies classified as residential R-3 must be implemented by July 1, 2024.
(3)(a) The rules adopted under this section must exceed the specific minimum requirements established under subsection (2) of this section for all types of residential and commercial buildings to the extent necessary to support the anticipated levels of zero emissions vehicle use that result from the zero emissions vehicle program requirements in chapter 70A.30 RCW and that result in emissions reductions consistent with RCW 70A.45.020.
(b) The rules required under this subsection must be implemented by July 1, 2024, and may be periodically updated thereafter.
[ 2021 c 300 s 4; 2019 c 285 s 18; 2009 c 459 s 16.]
Notes:
Intent—2021 c 300: See note following RCW 47.01.520.
Finding—Purpose—2009 c 459: See note following RCW 47.80.090.
Regional transportation planning organizations—Electric vehicle infrastructure: RCW 47.80.090.

catchline: Electric vehicle infrastructure requirements—Rules.


title: RCW 19.27.550

text:
(1) In addition to the requirements under RCW 46.61.581, each accessible parking space reserved for a person with a physical disability and designated as "van accessible" under the Americans with disabilities act must have a ninety-six inch or greater adjacent access aisle. The adjacent access aisle space must be in addition to the adjacent van parking space. Two van accessible parking spaces may share a common adjacent access aisle.
(2) A sign must be erected at the head of each access aisle that prohibits parking in any access aisle located adjacent to an accessible parking space reserved for a person with a physical disability. The sign may include additional language such as, but not limited to, an indication of any penalty for parking in an access aisle.
(3) By January 1, 2018, the building code council shall adopt rules to implement in the building code the access aisle width and access aisle marking requirements of this section.
[ 2017 c 132 s 1.]
Notes:
Effective date—2017 c 132: "This act takes effect January 1, 2018." [ 2017 c 132 s 2.]

catchline: Accessible parking space access aisles.


title: RCW 19.27.560

text:
(1) In addition to the provisions of RCW 19.27.031, the state building code shall, upon the completion of a statewide wildfire hazard map and a base-level wildfire risk map for each county of the state, per RCW 43.30.580, consist of chapter 1 and the following technical provisions of the International Wildland Urban Interface Code, published by the International Code Council, Inc., which are hereby adopted by reference:
(a) The following parts of class 1 ignition-resistant construction:
(i)(A) Roof covering - Roofs shall have a roof assembly that complies with class A rating when testing in accordance with American society for testing materials E 108 or underwriters laboratories 790. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be fire stopped to preclude entry of flames or embers, or have one layer of seventy-two pound mineral-surfaced, nonperforated camp sheet complying with American society for testing materials D 3909 installed over the combustible decking.
(B) The roof covering on buildings or structures in existence prior to the adoption of the wildland urban interface code under this section that are replaced or have fifty percent or more replaced in a twelve month period shall be replaced with a roof covering required for new construction based on the type of ignition-resistant construction specified in accordance with the International Wildland Urban Interface Code.
(C) The roof covering on any addition to a building or structure shall be replaced with a roof covering required for new construction based on the type of ignition-resistant construction specified in accordance with the International Wildland Urban Interface Code.
(ii) Exterior walls - Exterior walls of buildings or structures shall be constructed with one of the following methods:
(A) Materials approved for not less than one hour fire-resistance rated construction on the exterior side;
(B) Approved noncombustible materials;
(C) Heavy timber or log wall construction;
(D) Fire retardant-treated wood on the exterior side. The fire retardant-treated wood shall be labeled for exterior use and meet the requirements of the International Building Code; or
(E) Ignition-resistant materials on the exterior side.
Such materials shall extend from the top of the foundation to the underside of the roof sheathing.
(iii)(A) Appendages and projections - Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall not be less than one hour fire-resistance rated construction, heavy timber construction, or constructed of one of the following:
(I) Approved noncombustible materials;
(II) Fire retardant-treated wood identified for exterior use and meeting the requirements of the International Building Code; or
(III) Ignition-resistant building materials in accordance with the International Wildland Urban Interface Code.
(B) Subsection (1)(a)(iii)(A) of this section does not apply to an unenclosed accessory structure attached to buildings with habitable spaces and projections, such as decks, attached to the first floor of a building if the structure is built with building materials at least two inches nominal depth and the area below the unenclosed accessory structure is screened with wire mesh screening to prevent embers from coming in from underneath.
(b) Driveways - Driveways shall be provided where any portion of an exterior wall of the first story of the building is located more than one hundred fifty feet from a fire apparatus access road. Driveways in excess of three hundred feet in length shall be provided with turnarounds and driveways in excess of five hundred feet in length and less than twenty feet in width shall be provided with turnouts and turnarounds. The county, city, or town will define the requirements for a turnout or turnaround as required in this subsection.
(2) All counties, cities, and towns may adopt the International Wildland Urban Interface Code, published by the International Code Council, Inc., in whole or any portion thereof.
(3) In adopting and maintaining the code enumerated in subsection (1) of this section, any amendment to the code as adopted under subsection (1) of this section may not result in an International Wildland Urban Interface Code that is more than the minimum performance standards and requirements contained in subsection (1) of this section.
(4) All counties, cities, and towns may complete their own wildfire hazard and base-level wildfire risk map for use in applying the code enumerated in subsections (1) and (2) of this section. Counties, cities, and towns may continue to use locally adopted wildfire risk maps until completion of a statewide wildfire hazard map and base-level wildfire risk map for each county of the state per RCW 43.30.580. Six months after the statewide wildfire hazard map and base-level wildfire risk map is complete, any map adopted by counties, cities, and towns must utilize the same or substantially similar criteria as the map required by subsection (1) of this section.
(5) All counties, cities, and towns issuing commercial and residential building permits for parcels in areas identified as high hazard and very high hazard on the map required by subsection (1) of this section or adopted according to subsection (4) of this section shall apply the code enumerated in subsections (1) or (2) of this section.
[ 2024 c 133 s 3; 2018 c 189 s 2.]
Notes:
Effective date—2024 c 133: See note following RCW 19.27.031.

catchline: International Wildland Urban Interface Code—Local wildfire hazard and base-level wildfire risk maps.


title: RCW 19.27.570

text:
(1) As used in this section, "mass timber products" means a type of building component or system that uses large panelized wood construction, including:
(a) Cross-laminated timber;
(b) Nail laminated timber;
(c) Glue laminated timber;
(d) Laminated strand timber;
(e) Dowel laminated timber;
(f) Laminated veneer lumber;
(g) Structural composite lumber; and
(h) Wood concrete composites.
(2) The building code council shall adopt rules for the use of mass timber products for residential and commercial building construction. Rules adopted for the use of mass timber products by the state building code council must consider applicable national and international standards.
[ 2018 c 29 s 1.]

catchline: Mass timber products—Building construction.


title: RCW 19.27.580

text:
(1) The building code council shall adopt rules, including by amending existing rules as necessary, that permit the use of substitutes approved under RCW 70A.60.060 and that do not require the use of substitutes that are restricted under RCW 70A.60.060. The building code council may not prohibit the use of a substitute refrigerant allowed pursuant to the United States environmental protection agency's significant new alternatives policy to implement 42 U.S.C. Sec. 7671k.
(2) The building code council shall adopt rules that allow the use of substitutes, as defined in RCW 70A.60.010, with a lower global warming potential than alternative substances, in accordance with nationally recognized, published standards that protect building occupant safety and reduce fire risks.
(3) The building code council may adopt rules that allow the use of substitutes, as defined in RCW 70A.60.010, that are under review but have not yet been approved by the United States environmental protection agency's significant new alternatives policy to implement 42 U.S.C. Sec. 7671k, if the substitutes have a lower global warming potential than alternative substances and meet nationally recognized, published standards that protect building occupant safety and reduce fire risks.
(4) Any rules adopted by the building code council that affect the design or installation of refrigeration or air conditioning systems must be consistent with a goal of minimizing system leakage of refrigerants.
(5) Prior to the adoption of any rules by the building code council that affect the design or installation of refrigeration or air conditioning systems that facilitate the use of substitutes with a low global warming potential in air conditioning systems or equipment, the building code council must solicit input from organizations representing affected parties and parties with expertise in the substitutes or affected types of systems or equipment including, but not limited to:
(a) Manufacturers, distributors, and installers of refrigeration and air conditioning systems; and
(b) Refrigeration and air conditioning system contractors that are small businesses or that primarily serve rural areas.
[ 2021 c 315 s 10; 2021 c 65 s 18; 2019 c 284 s 7.]
Notes:
Reviser's note: This section was amended by 2021 c 65 s 18 and by 2021 c 315 s 10, 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).
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Finding—Intent—2019 c 284: See note following RCW 70A.60.060.

catchline: Use of substitutes—Adoption of rules.


title: RCW 19.27.590

text:
(1) In any construction subject to the requirements of this chapter in which a drinking fountain is required under the international building code as amended and adopted by the building code council, the rules adopted by the building code council must also require the provision of a bottle filling station, or a combined bottle filling station and drinking fountain for each drinking fountain that is required.
(2) The rules required under this section must take effect and be implemented by July 1, 2026, and may be periodically updated thereafter.
(3) For the purposes of this section, "bottle filling station" means a plumbing fixture connected to the potable water distribution system and sanitary drainage system that is designed and intended for filling personal use drinking water bottles or containers not less than 10 inches (254 millimeters) in height. A bottle filling station may be separate from or integral to a drinking fountain and may incorporate a water filter and a cooling system for chilling the drinking water.
[ 2023 c 135 s 2.]
Notes:
Finding—Intent—2023 c 135: "The legislature finds that it is in the public interest to reduce unnecessary plastic waste and sources of plastic pollution in the environment, especially where less-polluting and more sustainable alternatives to plastic products and packaging are available. In this act, the legislature intends to reduce three such sources of plastic and associated pollution:
(1) Single-use plastic water bottles, which frequently end up as litter;
(2) The small plastic containers, wrappers, and packaging for personal health and beauty products, which are still often provided in lodging establishments but easily substituted by bulk dispensers and which are difficult to recycle in current systems; and
(3) Certain thin-walled or soft-shell floating extruded or expanded plastic foam structures, which frequently degrade in the environment and contribute to small and microplastic pollution of marine and shoreline environments." [ 2023 c 135 s 1.]

catchline: Drinking fountain/bottle filling station.


title: RCW 19.27.595

text:
The state building code council shall research and, if necessary, adopt by rule updated accessible parking space requirements in the state building code promulgated under this chapter to align with current research on disability rates among drivers.
[ 2025 c 204 s 5.]
Notes:
Findings—Short title—2025 c 204: See notes following RCW 36.01.397.

catchline: Accessible parking space requirements—Rules.


title: RCW 19.27.600

text:
When a child care center is operated in a dedicated space within an existing building that has more than one use, the building official must calculate the occupancy load of the child care center based only on the areas in the building where the child care services are provided. This requirement applies when administering and enforcing any of the building codes adopted in accordance with and pursuant to the authority in this chapter.
[ 2025 c 150 s 2.]
Notes:
Findings—Intent—2025 c 150: "The legislature finds that there is a need for more child care services for working people. There is a public benefit when communities can use existing buildings rather than permitting new buildings to be built on open land. Churches are one type of building that often have rooms designed for education or care of children that are separate from the main sanctuary or congregational room. The legislature intends to clarify statutes so that building owners, and especially churches, are more likely to offer existing spaces for child care services." [ 2025 c 150 s 1.]

catchline: Child care centers—Occupancy load.


title: RCW 19.27.610

text:
The state building code must facilitate the collection of source-separated organic materials from new multifamily residential and commercial buildings, consistent with the requirements of RCW 70A.205.540 and the goals of RCW 70A.205.007, by ensuring that sufficient space is allocated for solid waste storage, including source-separated organic materials. A city or county may modify or amend the requirements established under this section in order to maintain consistency with requirements established by the city or county under RCW 70A.205.760.
[ 2025 c 314 s 5.]
Notes:
Findings—Intent—2025 c 314: See note following RCW 70A.207.050.

catchline: Collection of source-separated materials.


title: RCW 19.27.620

text:
(1) The state building code council is instructed to perform rule making on the state building codes applicable to kit homes no later than March 31, 2027.
(2) The state building code council may update the state building codes applicable to kit homes.
[ 2026 c 41 s 3.]
Notes:
Finding—Intent—2026 c 41: See note following RCW 19.27.015.

catchline: Kit home building codes—Rule making.


title: RCW 19.27.630

text:
The state building code council shall adopt, by rule, for the 2027 technical codes, standards for cities and counties to allow, for apartment buildings with at most six stories and at most 24 units in total, passenger elevators minimally sized to meet federal accessibility requirements.
[ 2026 c 145 s 1.]

catchline: Elevators—Smaller apartment buildings.


title: RCW 19.27.700

text:
The definitions in this section apply throughout RCW 19.27.710 through 19.27.740.
(1) "Combination fire and smoke damper" has the same meaning as provided in the International Fire Code as of January 1, 2020.
(2) "Fire damper" means a device installed in ducts and air transfer openings designed to close automatically upon detection of heat and resist the passage of flame.
(3) "Hospital" has the same meaning as provided in RCW 70.41.020.
(4) "Local authority" means a fire department or code official with the authority to conduct inspections and issue infractions in a jurisdiction.
(5) "Smoke control system" means an engineered system that includes all methods that can be used singly or in combination to modify smoke movement, including engineered systems that use mechanical fans to produce pressure differences across smoke barriers to inhibit smoke movement.
(6) "Smoke damper" means a device installed in ducts and air transfer openings designed to resist the passage of smoke.
[ 2020 c 88 s 1.]
Notes:
Effective date—2020 c 88: "This act takes effect July 1, 2021." [ 2020 c 88 s 8.]

catchline: Definitions.


title: RCW 19.27.710

text:
(1) At a minimum, owners of buildings equipped with fire dampers, smoke dampers, combination fire and smoke dampers, or smoke control systems must:
(a) Have all newly installed fire dampers, smoke dampers, combination fire and smoke dampers, and smoke control systems tested and inspected within twelve months of installation;
(b) Have all fire dampers, smoke dampers, and combination fire and smoke dampers tested and inspected at least once every four years, or every six years for hospitals, regardless of the date of initial installation; and
(c) Have all smoke control systems tested and inspected at least once every six to twelve months, as required by the applicable national fire protection association standard.
(2) All owners of buildings subject to chapter 88, Laws of 2020 must maintain full inspection and testing reports on the property and make such reports available for inspection upon request by the local authority.
(3) Fire dampers, smoke dampers, combination fire and smoke dampers, and smoke control systems must be installed, inspected, tested, and maintained in accordance with chapter 88, Laws of 2020, manufacturers' guidelines, and the applicable industry standards.
(4) A building owner who fails to comply with the requirements of this section may be issued a civil infraction by the local authority in accordance with RCW 19.27.740.
[ 2020 c 88 s 2.]
Notes:
Effective date—2020 c 88: See note following RCW 19.27.700.

catchline: Owners of buildings equipped with fire dampers, smoke dampers, combination fire and smoke dampers, or smoke control systems—Duties—Penalty.


title: RCW 19.27.720

text:
(1) Inspections and tests under this section must be performed by a contractor or engineer with the following qualifications:
(a) For inspection and testing of fire dampers, smoke dampers, and combination fire and smoke dampers, such inspector must have a current and valid certification to inspect and test fire dampers, smoke dampers, and combination fire and smoke dampers and hold certification from the international certification board as a fire life safety 1 or fire and smoke damper technician through a program accredited by the American national standards institute under the ISO/IEC 17024 standard.
(b) For inspection and testing of smoke control systems, such inspector must have a current and valid certification from the international certification board as a fire life safety 2 or smoke control system technician through a program accredited by the American national standards institute under the ISO/IEC 17024 standard.
(2) A building engineer or other person knowledgeable with the building system must be available in person or by phone to the inspector during the inspection and testing in order to provide building and systems access and information.
(3) If an inspection reveals compliance with the requirements of this section, the inspector shall issue a certificate of compliance, which includes the name of the inspector and the inspector's employer; the name of the building owner and address of the property; the location of all smoke dampers, fire dampers, combination fire and smoke dampers, and smoke control systems inspected or tested; and the date of the inspection or test.
(4) In the event an inspection or test reveals deficiencies in smoke dampers, fire dampers, combination fire and smoke dampers, or smoke control systems, the inspector shall prepare a deficiency report for the building owner identifying the nature of the deficiency and the reasons for noncompliance. The building owner shall, within one hundred twenty days of the date of the inspection, take necessary steps to ensure the defective equipment is replaced or repaired and reinspected to ensure that the deficiency is corrected and is in compliance with the requirements of all applicable standards pursuant to chapter 88, Laws of 2020. The authority having jurisdiction shall have the authorization to extend the compliance period. The building owner shall provide documentation of when and how the deficiencies were corrected. If the building owner does not correct the deficiency within one hundred twenty days of the date of the inspection, the local authority may issue a citation as described in RCW 19.27.740.
(5) In addition to identifying the location and nature of a deficiency, the report shall contain the name of the inspector and the inspector's employer; the name of the building owner; address of the property; the location of all fire dampers, smoke dampers, combination fire and smoke dampers, and smoke control systems inspected or tested; and the date of the inspection or test.
(6) Tests and inspections of fire dampers, smoke dampers, combination fire and smoke dampers, and smoke control systems shall be conducted in accordance with the technical specifications and required time periods specified by national fire protection association standards 80, 90a, 90b, 92, and 105, as applicable.
[ 2020 c 88 s 3.]
Notes:
Effective date—2020 c 88: See note following RCW 19.27.700.


title: RCW 19.27.730

text:
The state building code council shall work in conjunction with the director of fire protection to coordinate the implementation and enforcement of RCW 19.27.710 and 19.27.720.
[ 2020 c 88 s 4.]
Notes:
Effective date—2020 c 88: See note following RCW 19.27.700.

catchline: State building code council and director of fire protection—Implementation and enforcement.


title: RCW 19.27.740

text:
(1) If a building owner has not complied with the testing schedule under RCW 19.27.710, or has not received a certificate of compliance within one hundred twenty days of an inspection under *RCW 19.27.730 that revealed a deficiency, then the building owner has committed a violation and may be issued a citation by the local authority. A violation of this section is a civil infraction, subject to all applicable local fees and other remedies for noncompliance. The monetary penalties in subsection (3) of this section apply when other penalties are not required by the local authority having jurisdiction.
(2) The authority having jurisdiction may require the building owner to conspicuously post the citation at all pedestrian entrances and exits until a certificate of compliance has been issued pursuant to RCW 19.27.720 or the citation has been dismissed.
(3) After the issuance of an initial citation, additional citations may be issued if the violations are not corrected:
(a) If the violations are not corrected within one hundred twenty days of the initial citation, a second citation may be issued with a monetary penalty of five cents per square foot of occupied space;
(b) If the violations are not corrected within two hundred forty days of the initial citation, a third citation may be issued with an additional monetary penalty of ten cents per square foot of occupied space and shall require mandatory in-person attendance by the building's head facilities manager at a four-hour fire life safety course given by the international certification board or equivalent provider of fire life safety programs accredited by the American national standards institute; and
(c) After the issuance of a citation pursuant to (b) of this subsection, additional citations may be issued every sixty days until any and all prior violations are resolved and all penalties imposed are satisfied. Each citation issued under this subsection (3)(c) shall assess a penalty of ten cents per square foot of occupied space.
(4) Revenue from the penalties in subsection (2) [(3)] of this section shall be forwarded to the state treasurer for deposit in the fire service training account under RCW 43.43.944.
[ 2020 c 88 s 5.]
Notes:
*Reviser's note: The reference to RCW 19.27.730 appears to be erroneous. RCW 19.27.720 was apparently intended.
Effective date—2020 c 88: See note following RCW 19.27.700.

catchline: Building owner—Violations—Penalties.


title: RCW 19.27.800

text:
(1) The legislature finds that lowering the cost of middle and multiplex housing construction will increase the housing supply and help address the state's shortage of affordable housing. It further finds that home builders and residentially focused architects are more familiar with the provisions of the international residential code. Allowing middle and multiplex housing to be built according to the standards of the international residential code will result in housing being easier to build and more affordable without sacrificing quality and safety. Therefore, the legislature intends to simplify the production of middle and multiplex housing by allowing more types of housing to use provisions of the international residential code.
(2) The state building code council shall convene a technical advisory group for the purpose of recommending the additions or amendments to rules or codes that are necessary for the council to apply the Washington state residential code to multiplex housing. The technical advisory group shall determine the most efficient mechanism to implement these changes in the Washington state residential code. These recommendations must include those code changes necessary to ensure public health and safety in multifamily housing under the international residential code and must consider the life safety systems and accessibility requirements for multiplex housing from the Washington state building code.
(3) The advisory group shall provide its recommendations to the council in time for the council to adopt or amend rules or codes as necessary for implementation in the 2024 international building code. The council shall take action to adopt additions and amendments to rules or codes as necessary to apply the international residential code to multiplex housing by November 1, 2026.
(4) For the purposes of this section, "multiplex housing" means a building with up to six dwelling units consolidated into a single structure with common walls and floors and a functional primary street entrance, or a building of up to three stories containing up to six dwelling units consolidated into a single structure.
[ 2024 c 183 s 1.]

catchline: Multiplex housing technical advisory group.


title: RCW 19.27.801

text:
(1) The state building code council shall convene a technical advisory group for the purpose of recommending amendments to the international building code that would allow for a minimum dwelling unit size that is less than the requirements for an efficiency dwelling unit in the international building code. The technical advisory group shall consider aligning the state building code sections related to interior environment with the relevant sections of the national healthy housing standard published by the national center for healthy housing. When developing the recommendations, the technical advisory group must review the differences between the state building code and the national healthy housing standard and allow experts in public health and fire safety to comment during the process.
(2) The technical advisory group shall provide its recommendations to the council in time for the council to adopt or amend rules or codes as necessary for implementation in the 2024 international building code. The council shall take action to adopt additions and amendments to rules or codes as necessary by November 1, 2026.
[ 2024 c 183 s 2.]

catchline: Dwelling unit size technical advisory group.


title: RCW 19.27.802

text:
The office of regulatory innovation and assistance shall contract with a qualified external consultant or entity to develop a standard energy code plan set demonstrating a prescriptive compliance pathway that will meet or exceed all energy code regulations for residential housing in the state subject to the international residential code. The standard energy code plan set may be used, but is not required, by local governments and building industries. In developing the standard energy code plan set, the consultant shall, at a minimum, seek feedback from cities, counties, building industries, and building officials. The standard energy code plan set must be completed by June 30, 2025.
[ 2024 c 183 s 3.]

catchline: Residential housing—Standard energy code plan.


title: RCW 19.27.805

text:
(1) The state building code council shall convene a technical advisory group for the purpose of recommending amendments to the international building code that would allow scissor stairs serving occupancies containing sleeping units of more than two dwelling units in which the occupants are primarily permanent in nature. The recommendations must include considerations for public health, safety, and welfare, as well as construction costs.
(2) The advisory group shall provide its recommendations to the council in time for the council to adopt or amend rules and codes as necessary for implementation in the 2027 code update to the state building code.
(3) For the purpose of this section, "scissor stairs" means two interlocking stairways with two separate exits, that are separately enclosed and divided by fire-resistance rated assemblies.
(4) This section expires January 1, 2031.
[ 2026 c 4 s 1.]

catchline: Scissor stairs technical advisory group. (Expires January 1, 2031.)


title: RCW 19.27.810

text:
(1) The state building code council shall convene a technical advisory group to examine requirements for elevator hoistway opening protection and for two-way visual emergency communications devices, and evaluate whether current requirements properly balance cost and safety for small apartment buildings.
(2) The technical advisory group convened under this subsection, in addition to the requirements under RCW 19.27.033, must include:
(a) At least one position for a representative of the Washington state fire chiefs association;
(b) One building code official;
(c) One position for a state elevator inspector;
(d) One representative from a major elevator manufacturing company;
(e) One representative of labor involved in the installation, maintenance, and repair, or any combination thereof, of elevators;
(f) One representative of a nonprofit with expertise in elevators that is based in the state of Washington;
(g) One representative from a disability rights group;
(h) One representative from a senior citizen advocacy group;
(i) One developer of small multifamily buildings; and
(j) One architect of small multifamily buildings.
[ 2026 c 145 s 2.]

catchline: Elevator technical advisory group.


title: RCW 19.270.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Advertisement" means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including a communication on an internet website that is operated for a commercial purpose.
(2) "Computer software" means a sequence of instructions written in any programming language that is executed on a computer. "Computer software" does not include computer software that is a web page, or are data components of web pages that are not executable independently of the web page.
(3) "Damage" means any significant impairment to the integrity or availability of data, computer software, a system, or information.
(4) "Deceptive" means: (a) A materially false or fraudulent statement; or (b) a statement or description that omits or misrepresents material information in order to deceive an owner or operator.
(5) "Execute" means the performance of the functions or the carrying out of the instructions of the computer software.
(6) "Internet" means the global information system that is logically linked together by a globally unique address space based on the internet protocol (IP), or its subsequent extensions, and that is able to support communications using the transmission control protocol/internet protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure described in this subsection.
(7) "Owner or operator" means the owner or lessee of a computer, or someone using such computer with the owner's or lessee's authorization. "Owner or operator" does not include any person who owns a computer before the first retail sale of such computer.
(8) "Person" means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof.
(9) "Personally identifiable information" means any of the following with respect to an individual who is an owner or operator:
(a) First name or first initial in combination with last name;
(b) A home or other physical address including street name;
(c) An electronic mail address;
(d) A credit or debit card number, bank account number, or a password or access code associated with a credit or debit card or bank account;
(e) Social security number, tax identification number, driver's license number, passport number, or any other government-issued identification number; or
(f) Any of the following information in a form that personally identifies an owner or operator:
(i) Account balances;
(ii) Overdraft history; or
(iii) Payment history.
(10) "Procure" means to knowingly, or with conscious avoidance of knowledge, pay or provide other consideration to, or induce, another person to transmit on one's behalf.
(11) "Transmit" means to knowingly, or with conscious avoidance of knowledge, transfer, send, or make available computer software, or any component thereof, via the internet or any other medium, including local area networks of computers, other nonwire transmission, and disc or other data storage device. "Transmit" does not include any action by a person providing:
(a) The internet connection, telephone connection, or other means of transmission capability through which the software was made available;
(b) The storage or hosting of the software program or a web page through which the software was made available, unless the person providing the storage or hosting services knows or reasonably should know there is or will be a violation of this chapter, and participates in or ratifies the actions constituting the violation; or
(c) An information location tool, such as a directory, index reference, pointer, or hypertext link, through which the user of the computer located the software, unless such person receives a direct economic benefit from the execution of such software on the computer.
[ 2008 c 66 s 1; 2005 c 500 s 1.]


title: RCW 19.270.020

text:
It is unlawful for a person, without the authorization of the owner or operator, to transmit, or procure the transmission of, software to the owner or operator's computer with actual knowledge or conscious avoidance of actual knowledge that the software does any of the following:
(1) Modifies, through deceptive means, settings that control any of the following:
(a) The page that appears when an owner or operator launches an internet browser or similar computer software used to access and navigate the internet;
(b) The default provider or web proxy the owner or operator uses to access or search the internet;
(c) The owner or operator's list of bookmarks used to access web pages; or
(d) The toolbars or buttons of the owner or operator's internet browser or similar computer software used to access and navigate the internet;
(2) Collects, through intentionally deceptive means, personally identifiable information through the use of a keystroke-logging function or through extracting the information from the owner or operator's hard drive;
(3) Prevents, through intentionally deceptive means, an owner or operator's reasonable efforts to block the installation or execution of, or to disable, computer software;
(4) Misrepresents that computer software will be uninstalled or disabled by an owner or operator's action;
(5) Through intentionally deceptive means, removes, disables, or renders inoperative security, antispyware, or antivirus computer software installed on the computer, or through intentionally deceptive means disables the ability of such computer software to update automatically;
(6) Accesses or uses the modem or internet service for such computer to cause damage to the computer or cause an owner or operator to incur financial charges for a service that is not authorized by the owner or operator;
(7) Opens multiple, sequential, stand-alone advertisements in the owner or operator's computer without the authorization of the owner or operator and that a reasonable computer user cannot close without turning off the computer or closing the internet browser;
(8) Uses the owner or operator's computer as part of an activity performed by a group of computers for the purpose of causing damage to another computer or person including, but not limited to, launching a denial of service attack;
(9) Transmits or relays commercial electronic mail or a computer virus from the owner or operator's computer, where the transmission or relaying is initiated by a person other than the owner or operator;
(10) Modifies any of the following settings related to the computer's access to, or use of, the internet:
(a) Settings that protect information about the owner or operator in order to make unauthorized use of the owner or operator's personally identifiable information; or
(b) Security settings in order to cause damage to a computer; or
(11) Prevents an owner or operator's reasonable efforts to block the installation of, or to disable, computer software by doing any of the following:
(a) Presenting the owner or operator with an option to decline installation of computer software and with knowledge or conscious avoidance of knowledge that when the option is selected the installation nevertheless proceeds; or
(b) Falsely representing that computer software has been disabled.
[ 2008 c 66 s 2; 2005 c 500 s 2.]

catchline: Unlawful activities—Unauthorized transmission of software.


title: RCW 19.270.040

text:
It is unlawful for a person who is not an owner or operator to do any of the following with regard to the owner or operator's computer:
(1) Induce an owner or operator to install a computer software component onto the computer by deceptively misrepresenting the extent to which installing the software is necessary for maintenance, update, or repair of the computer or computer software, for security or privacy reasons, for the proper operation of the computer, in order to open, view, or play a particular type of content; or
(2) Induce an owner or operator to install a computer software component onto the computer by displaying a pop-up, web page, or other message that deceptively misrepresents the source of the message; or
(3) Deceptively cause the execution on the computer of a computer software component that causes the owner or operator to use the component in a manner that violates any other provision of this section.
[ 2008 c 66 s 3; 2005 c 500 s 4.]

catchline: Unlawful activities—Installation or execution of software component—Deceptive misrepresentation.


title: RCW 19.270.050

text:
(1) Neither RCW 19.270.020 (5) through (11) nor 19.270.040 apply to any monitoring of, or interaction with, a subscriber's internet or other network connection or service, or a computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, maintenance, repair, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software under this chapter.
(2) This section shall not be construed to provide a defense to liability under the common law or any other state or federal law, nor shall it be construed as an affirmative grant of authority to engage in any of the activities listed in this section.
[ 2008 c 66 s 4; 2005 c 500 s 5.]

catchline: Application and construction of RCW 19.270.020 (5) through (11) or 19.270.040.


title: RCW 19.270.060

text:
(1) In addition to any other remedies provided by this chapter or any other provision of law, the attorney general, or a provider of computer software or owner of a website or trademark who is adversely affected by reason of a violation of this chapter, and whose action arises directly out of such person's status as a provider or owner, may bring an action against a person who violates this chapter to enjoin further violations and to recover either actual damages or one hundred thousand dollars per violation, whichever is greater.
(2) In an action under subsection (1) of this section, a court may increase the damages up to three times the damages allowed under subsection (1) of this section if the defendant has engaged in a pattern and practice of violating this chapter. The court may also award costs and reasonable attorneys' fees to the prevailing party.
(3) The amount of damages determined under subsection (1) or (2) of this section may not exceed two million dollars.
[ 2008 c 66 s 5; 2005 c 500 s 6.]

catchline: Who may bring an action—Damages—Attorneys' fees—Limit of damages.


title: RCW 19.270.070

text:
It is the intent of the legislature that this chapter is a matter of statewide concern. This chapter supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding spyware and notices to consumers from computer software providers regarding information collection.
[ 2005 c 500 s 7.]

catchline: Intent—Chapter preempts local laws.


title: RCW 19.270.080

text:
Chapter 500, Laws of 2005 does not add to, contract, alter, or amend any cause of action allowed under chapter 19.86 RCW and does not affect in any way the application of chapter 19.86 RCW to any future case or fact pattern.
[ 2005 c 500 s 8.]

catchline: Chapter 19.86 RCW not affected.


title: RCW 19.275.010

text:
The legislature finds that pyramid schemes, chain letters, and related illegal schemes are enterprises:
(1) That finance returns to participants through sums taken from newly attracted participants;
(2) In which new participants are promised large returns for their investment or contribution; and
(3) That involve unfair and deceptive sales tactics, including: Misrepresentations of sustainability, profitability and legality of the scheme, and false statements that the scheme is legal or approved by governmental agencies.
[ 2006 c 65 s 1.]

catchline: Findings.


title: RCW 19.275.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Compensation" means payment, regardless of how it is characterized, of money, financial benefit, or thing of value. "Compensation" does not include payment based on the sale of goods or services to anyone who is purchasing the goods or services for actual use or consumption.
(2) "Consideration" means the payment, regardless of how it is characterized, of cash or the purchase of goods, services, or intangible property. "Consideration" does not include:
(a) The purchase of goods or services furnished at cost to be used in making sales and not for resale;
(b) The purchase of goods or services subject to a bona fide repurchase agreement as defined in subsection (5) of this section; or
(c) Time and effort spent in pursuit of sales or recruiting activities.
(3) "Person" means natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, or any other legal entity.
(4) "Pyramid schemes" means any plan or operation in which a person gives consideration for the right or opportunity to receive compensation that is derived primarily from the recruitment of other persons as participants in the plan or operation, rather than from the bona fide sale of goods, services, or intangible property to a person or by persons to others.
(5)(a) "Repurchase agreement" means an enforceable agreement by the seller to repurchase, at the buyer's written request, all currently marketable inventory within one year from its date of purchase; and the refund must not be less than ninety percent of the original net cost, less any consideration received by the buyer when he or she bought the products being returned.
(b) Products shall not be considered currently marketable if returned for repurchase after the products' commercially reasonable usable or shelf life has passed, or if it has been clearly disclosed to the buyer that the products are seasonal, discontinued, or special promotion products that are not subject to the repurchase obligation.
[ 2006 c 65 s 2.]


title: RCW 19.275.030

text:
(1) No person may establish, promote, operate, or participate in any pyramid scheme.
(2) A limitation as to the number of persons who may participate, or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the scheme, does not change the identity of the scheme as a pyramid scheme.
(3) It is not a defense under chapter 65, Laws of 2006 that a person, on giving consideration, obtains goods, services, or intangible property in addition to the right to receive compensation, nor is it a defense to designate the consideration a gift, donation offering, or other word of similar meaning.
[ 2006 c 65 s 3.]

catchline: Pyramid scheme—Prohibition.


title: RCW 19.275.040

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.
[ 2006 c 65 s 4.]

catchline: Application of the consumer protection act.


title: RCW 19.275.900

text:
This act may be cited as the "antipyramid promotional scheme act."
[ 2006 c 65 s 5.]

catchline: Short title—2006 c 65.


title: RCW 19.27A.015

text:
Except as provided in RCW 19.27A.020(7), the Washington state energy code for residential buildings shall be the maximum and minimum energy code for residential buildings in each city, town, and county and shall be enforced by each city, town, and county no later than July 1, 1991. The Washington state energy code for nonresidential buildings shall be the minimum energy code for nonresidential buildings enforced by each city, town, and county.
[ 1990 c 2 s 2.]
Notes:
Findings—1990 c 2: "The legislature finds that using energy efficiently in housing is one of the lowest cost ways to meet consumer demand for energy; that using energy efficiently helps protect citizens of the state from negative impacts due to changes in energy supply and cost; that using energy efficiently will help mitigate negative environmental impacts of energy use and resource development; and that using energy efficiently will help stretch our present energy resources into the future. The legislature further finds that the electricity surplus in the Northwest is dwindling as the population increases and the economy expands, and that the region will eventually need new sources of electricity generation.
It is declared policy of the state of Washington that energy be used efficiently. It is the intent of this act to establish residential building standards that bring about the common use of energy efficient building methods, and to assure that such methods remain economically feasible and affordable to purchasers of newly constructed housing." [ 1990 c 2 s 1.]
Severability—1990 c 2: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1990 c 2 s 13.]
Effective dates—1990 c 2: See note following RCW 19.27.040.

catchline: State energy code—Minimum and maximum energy code.


title: RCW 19.27A.020

text:
(1) The state building code council in the department of enterprise services shall adopt rules to be known as the Washington state energy code as part of the state building code.
(2) The council shall follow the legislature's standards set forth in this section to adopt rules to be known as the Washington state energy code. The Washington state energy code shall be designed to:
(a) Construct increasingly energy efficient homes and buildings by the year 2031;
(b) Require new buildings to meet a certain level of energy efficiency, but allow flexibility in building design, construction, and heating equipment efficiencies within that framework; and
(c) Allow space heating equipment efficiency to offset or substitute for building envelope thermal performance.
(3) The Washington state energy code may not in any way prohibit, penalize, or discourage the use of gas for any form of heating, or for uses related to any appliance or equipment, in any building.
(4) The Washington state energy code shall take into account regional climatic conditions. One climate zone includes: Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Skamania, Spokane, Stevens, Walla Walla, Whitman, and Yakima counties. The other climate zone includes all other counties not listed in this subsection (4). The assignment of a county to a climate zone may not be changed by adoption of a model code or rule. Nothing in this section prohibits the council from adopting the same rules or standards for each climate zone.
(5) The Washington state energy code for residential buildings shall be the 2006 edition of the Washington state energy code, or as amended by rule by the council.
(6) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code, 2006 edition, or as amended by the council by rule.
(7)(a) Except as provided in (b) of this subsection, the Washington state energy code for residential structures shall preempt the residential energy code of each city, town, and county in the state of Washington.
(b) The state energy code for residential structures does not preempt a city, town, or county's energy code for residential structures which exceeds the requirements of the state energy code and which was adopted by the city, town, or county prior to March 1, 1990. Such cities, towns, or counties may not subsequently amend their energy code for residential structures to exceed the requirements adopted prior to March 1, 1990.
(8) The state building code council shall consult with the department of enterprise services as provided in RCW 34.05.310 prior to publication of proposed rules. The director of the department of enterprise services shall recommend to the state building code council any changes necessary to conform the proposed rules to the requirements of this section.
(9) The state building code council shall evaluate and consider adoption of the international energy conservation code in Washington state in place of the existing state energy code.
(10) The definitions in RCW 19.27A.140 apply throughout this section.
[ 2025 c 1 s 6 (Initiative Measure No. 2066, approved November 5, 2024); 2018 c 207 s 7; 2015 c 11 s 3; 2010 c 271 s 304; 2009 c 423 s 4; 1998 c 245 s 8; 1996 c 186 s 502; 1994 c 226 s 1; 1990 c 2 s 3; 1985 c 144 s 2; 1979 ex.s. c 76 s 3. Formerly RCW 19.27.075.]
Notes:
Findings—2025 c 1 (Initiative Measure No. 2066): See note following RCW 80.28.110.
Effective date—2018 c 207 ss 1-8: See note following RCW 19.27.070.
Finding—Intent—2015 c 11: See note following RCW 19.27.031.
Purpose—Effective date—2010 c 271: See notes following RCW 43.330.005.
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
Effective date—1994 c 226: "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 [April 1, 1994]." [ 1994 c 226 s 2.]
Effective dates—1990 c 2: See note following RCW 19.27.040.
Findings—Severability—1990 c 2: See notes following RCW 19.27A.015.
Severability—1985 c 144: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1985 c 144 s 7.]

catchline: State energy code—Adoption by state building code council—Preemption of local residential energy codes.


title: RCW 19.27A.025

text:
(1) The minimum state energy code for new and renovated nonresidential buildings, as specified in this chapter, shall be the Washington state energy code, 1986 edition, as amended. The state building code council may, by rule adopted pursuant to chapter 34.05 RCW, RCW 19.27.031, and RCW 19.27.032, 19.27.033, and 19.27.034, amend that code's requirements for new nonresidential buildings provided that:
(a) Such amendments increase the energy efficiency of typical newly constructed nonresidential buildings; and
(b) Any new measures, standards, or requirements adopted must be technically feasible, commercially available, and developed to yield the lowest overall cost to the building owner and occupant while meeting the energy reduction goals established under RCW 19.27A.160.
(2) In considering amendments to the state energy code for nonresidential buildings, the state building code council shall establish and consult with a technical advisory group in accordance with RCW 19.27.033 including representatives of appropriate state agencies, local governments, general contractors, building owners and managers, design professionals, utilities, and other interested and affected parties.
(3) Decisions to amend the Washington state energy code for new nonresidential buildings shall be made prior to December 15th of any year and shall not take effect before the end of the regular legislative session in the next year. Any disputed provisions within an amendment presented to the legislature shall be approved by the legislature before going into effect. A disputed provision is one which was adopted by the state building code council with less than a two-thirds vote of the voting members. Substantial amendments to the code shall be adopted no more frequently than every three years except as allowed in RCW 19.27.031 and RCW 19.27.032.
(4) When amending a code under this section, the state building code council shall not in any way prohibit, penalize, or discourage the use of gas for any form of heating, or for uses related to any appliance or equipment, in any building.
[ 2025 c 1 s 7 (Initiative Measure No. 2066, approved November 5, 2024); 2024 c 170 s 4; 2019 c 285 s 17; 1991 c 122 s 3.]
Notes:
Findings—2025 c 1 (Initiative Measure No. 2066): See note following RCW 80.28.110.
Findings—Severability—1991 c 122: See notes following RCW 80.04.250.


title: RCW 19.27A.027

text:
(1) The state building code council shall exempt equipment shelters of personal wireless service facilities from building envelope insulation requirements.
(2) For the purposes of this section, "personal wireless service facilities" means facilities for the provision of personal wireless services.
[ 1996 c 323 s 4.]
Notes:
Findings—1996 c 323: See note following RCW 43.70.600.

catchline: Personal wireless service facilities exempt from building envelope insulation requirements.


title: RCW 19.27A.045

text:
(1) The state building code council shall maintain the state energy code for residential structures in a status which is consistent with the state's interest as set forth in section 1, chapter 2, Laws of 1990. In maintaining the Washington state energy code for residential structures, beginning in 1996 the council shall review the Washington state energy code every three years. After January 1, 1996, by rule adopted pursuant to chapter 34.05 RCW, RCW 19.27.031, and RCW 19.27.032, 19.27.033, and 19.27.034, the council may amend any provisions of the Washington state energy code to increase the energy efficiency of newly constructed residential buildings. Decisions to amend the Washington state energy code for residential structures 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.
(2) When amending a code under this section, the state building code council shall not in any way prohibit, penalize, or discourage the use of gas for any form of heating, or for uses related to any appliance or equipment, in any building.
[ 2025 c 1 s 8 (Initiative Measure No. 2066, approved November 5, 2024); 2024 c 170 s 5; 1990 c 2 s 5.]
Notes:
Findings—2025 c 1 (Initiative Measure No. 2066): See note following RCW 80.28.110.
Findings—Severability—1990 c 2: See notes following RCW 19.27A.015.

catchline: Maintaining energy code for residential structures.


title: RCW 19.27A.050

text:
As used in this chapter, references to the state building code council shall be construed to include any successor agency.
[ 2000 c 171 s 45; 1985 c 144 s 5.]
Notes:
Severability—1985 c 144: See note following RCW 19.27A.020.

catchline: State building code council—Construction—Inclusion of successor agency.


title: RCW 19.27A.060

text:
(1) "Hot water heater" means the primary source of hot water for a residence.
(2) The thermostat of a new water heater offered for sale or lease in this state for use in a residential unit, shall be preset by the manufacturer no higher than one hundred twenty degrees Fahrenheit (or forty-nine degrees Celsius) or the minimum setting on any water heater which cannot be set as low as that temperature. Water heating systems may utilize higher reservoir temperature if mixing valves are set or systems are designed to restrict the temperature of water to one hundred twenty degrees Fahrenheit.
(3) Upon occupancy of a new tenant in a residential unit leased or rented in this state, if hot water is supplied from an accessible, individual water heater, the water heater shall be set by the owner or agent at a temperature not higher than one hundred twenty degrees Fahrenheit (forty-nine degrees Celsius) or the minimum setting on any water heater which cannot be set as low as that temperature. Water heating systems may utilize higher reservoir temperature if mixing valves are set or systems are designed to restrict the temperature of water to one hundred twenty degrees Fahrenheit.
(4) Nothing in this section shall prohibit an owner of an owner-occupied residential unit or resident of a leased or rented residential unit from readjusting the temperature setting after occupancy. Any readjustment of the temperature setting by the resident relieves the owner or agent of an individual residential unit and the manufacturer of water heaters from liability for damages attributed to the readjustment by the resident.
(5) The utility providing energy for any water heater under this section shall at least annually, include in its billing a statement:
(a) Recommending that water heaters be set no higher than one hundred twenty degrees Fahrenheit or the minimum setting on a water heater which cannot be set as low as that temperature to prevent severe burns and reduce excessive energy consumption; and
(b) That the thermostat of an individual water heater furnished in a residential unit leased or rented in this state to new tenants shall be set no higher than one hundred twenty degrees Fahrenheit or the minimum setting on a water heater which cannot be set as low as that temperature pursuant to chapter 19.27 RCW.
(6) The manufacturer of a water heater under this section which is offered for sale or installed after July 24, 1983, shall have a tag attached to the thermostat access plate or immediately adjacent to exposed thermostats. The tag shall state that the thermostat settings above the preset temperature may cause severe burns and consume excessive energy.
(7) Nothing in this section requires or permits any inspections other than those otherwise required or permitted by law.
(8) This section does not apply to multiple-unit residences supplied by central water heater systems.
[ 1985 c 119 s 1; 1983 c 178 s 2. Formerly RCW 19.27.130.]
Notes:
Findings—1983 c 178: "The legislature recognizes that unnecessarily hot tap or bath water creates an extreme risk of severe burns, especially among the elderly, children, and retarded persons. Annually, numerous persons suffer severe scald burns, some resulting in death, from tap or bath water which is inordinately hot. Excessive tap and bath water temperatures in residential usage is unnecessary for sanitary purposes. Regulation of the setting of water temperatures upon installation can virtually eliminate incidences of dangerous scalding. Further, the legislature finds that projected future shortages of energy in our state could be reduced or prevented by the efficient utilization of existing energy resources. Reducing the temperature settings on thermostats to one hundred twenty degrees Fahrenheit (or forty-nine degrees Celsius) would save energy that is now unnecessarily consumed, reduce homeowners' average utility costs, and promote home safety without any loss of comfort or health." [ 1983 c 178 s 1.]

catchline: Hot water heaters—Temperature regulation.


title: RCW 19.27A.070

text:
It is hereby declared that modern, efficient, safety-tested portable oil-fueled heaters may be offered for sale, sold, and used in this state. However, fire hazards and other dangers to the health, safety, and welfare of the inhabitants of this state may exist absent legislation to provide reasonable assurances that portable oil-fueled heaters offered for sale to, sold to, and used by the inhabitants of this state are modern, efficient, and safety-tested. It is the intent of the legislature to set forth standards for the sale and use of approved portable oil-fueled heaters.
[ 1983 c 134 s 1. Formerly RCW 19.27.410.]

catchline: Intent.


title: RCW 19.27A.080

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 19.27A.080 through 19.27A.120.
(1) "Portable oil-fueled heater" means any nonflue-connected, self-contained, self-supporting, oil-fueled, heating appliance equipped with an integral reservoir, designed to be carried from one location to another.
(2) "Oil" means any liquid fuel with a flash point of greater than one hundred degrees Fahrenheit, including but not limited to kerosene.
(3) "Listed" means any portable oil-fueled heater which has been evaluated in accordance with the Underwriters Laboratories, Inc. standard for portable oil-fueled heaters or an equivalent standard and with respect to reasonably foreseeable hazards to life and property by a nationally recognized testing or inspection agency, such as Underwriters Laboratories, Inc., and which has been authorized as being reasonably safe for its specific purpose and shown in a list published by such agency and/or bears the mark, name, and/or symbol of such agency as indication that it has been so authorized. Such evaluation shall include but not be limited to evaluation of the requirements hereinafter set forth.
(4) "Approved" means any listed portable oil-fueled heater which is deemed approved if it satisfies the requirements set forth herein or adopted under RCW 19.27A.080 through 19.27A.120 and if the supplier certifies to the authority having jurisdiction over the sale and use of the heater that it is listed and in compliance with RCW 19.27A.080 through 19.27A.120.
(5) "Structure" means any building or completed construction of any kind included in state building code groups M, R-1, R-3, B, F, S-1, S-2, and U occupancies, except sleeping rooms and bathrooms: PROVIDED, HOWEVER, That in B, M, and S-1 occupancies, approved portable oil-fueled heaters shall only be used under permit of the fire chief.
(6) "Supplier" means any party offering to sell to retailers or to the general public approved portable oil-fueled heaters.
[ 1995 c 343 s 2; 1985 c 360 s 15; 1983 c 134 s 2. Formerly RCW 19.27.420.]

catchline: Definitions.


title: RCW 19.27A.090

text:
Notwithstanding any other section of the state building code, chapter 19.27 RCW, or any other code adopted by reference in chapter 19.27 RCW, approved portable oil-fueled heaters may be offered for sale, sold, and used as a supplemental heat source in structures in the state. Portable oil-fueled heaters which are not approved may not be offered for sale, sold, or used in this state. Any approved portable oil-fueled heater may be offered for sale, sold, and used in locations other than structures unless specifically prohibited by laws of this state.
[ 1983 c 134 s 3. Formerly RCW 19.27.430.]

catchline: Portable oil-fueled heaters—Sales and use—Approval required.


title: RCW 19.27A.100

text:
Approved portable oil-fueled heaters must adhere to the following requirements:
(1) Labeling must be affixed to the heater to caution and inform the user concerning:
(a) The necessity for an adequate source of ventilation when the heater is operating;
(b) The use of suitable fuel;
(c) The proper manner of refueling;
(d) The proper placement and handling of the heater when in operation; and
(e) The proper procedures for lighting, flame regulation, and extinguishing the heater.
(2) Packaging must include instructions that will inform the purchaser of proper maintenance and operation.
(3) Approved portable oil-fueled heaters must be constructed with a low center of gravity and minimum tipping angle of thirty-three degrees from the vertical with an empty reservoir.
(4) Approved portable oil-fueled heaters must have an automatic safety shutoff device or inherent design feature which eliminates fire hazards in the event of tipover and must otherwise conform with the standards set forth in National Fire Protection Association (NFPA) No. 31.
(5) Approved portable oil-fueled heaters must not produce carbon monoxide at rates creating a hazard when operated as intended and instructed.
[ 1983 c 134 s 4. Formerly RCW 19.27.440.]

catchline: Portable oil-fueled heaters—Requirements for approval.


title: RCW 19.27A.110

text:
The chief of the Washington state patrol, through the director of fire protection, is the only authority having jurisdiction over the approval of portable oil-fueled heaters. The sale and use of portable oil-fueled heaters is governed exclusively by RCW 19.27A.080 through 19.27A.120: PROVIDED, That cities and counties may adopt local standards as provided in RCW 19.27.040.
[ 1995 c 369 s 8; 1986 c 266 s 85; 1985 c 360 s 16; 1983 c 134 s 5. Formerly RCW 19.27.450.]
Notes:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.

catchline: Portable oil-fueled heaters—Jurisdiction over approval—Sale and use governed exclusively.


title: RCW 19.27A.120

text:
The penalty for failure to comply with RCW 19.27A.080 through 19.27A.120 is a misdemeanor.
[ 1985 c 360 s 17; 1983 c 134 s 6. Formerly RCW 19.27.460.]

catchline: Violations—Penalty.


title: RCW 19.27A.130

text:
The legislature finds that energy efficiency is the cheapest, quickest, and cleanest way to meet rising energy needs, confront climate change, and boost our economy. More than thirty percent of Washington's greenhouse gas emissions come from energy use in buildings. Making homes, businesses, and public institutions more energy efficient will save money, create good local jobs, enhance energy security, reduce pollution that causes global warming, and speed economic recovery while reducing the need to invest in costly new generation. Washington can spur its economy and assert its regional and national clean energy leadership by putting efficiency first. Washington can accomplish this by: Promoting super efficient, low-energy use building codes; requiring disclosure of buildings' energy use to prospective buyers; making public buildings models of energy efficiency; financing energy saving upgrades to existing buildings; and reducing utility bills for low-income households.
[ 2009 c 423 s 1.]

catchline: Finding—2009 c 423.


title: RCW 19.27A.140

text:
The definitions in this section apply to RCW 19.27A.130 through 19.27A.190 and 19.27A.020 unless the context clearly requires otherwise.
(1) "Benchmark" means the energy used by a facility as recorded monthly for at least one year and the facility characteristics information inputs required for a portfolio manager.
(2) "Building owner" has the same meaning as defined in RCW 19.27A.200.
(3) "Conditioned space" means conditioned space, as defined in the Washington state energy code.
(4) "Consumer-owned utility" includes a municipal electric utility formed under Title 35 RCW, a public utility district formed under Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, a cooperative formed under chapter 23.86 RCW, a mutual corporation or association formed under chapter 24.06 RCW, a port district formed under Title 53 RCW, or a water-sewer district formed under Title 57 RCW, that is engaged in the business of distributing electricity to one or more retail electric customers in the state.
(5) "Cost-effectiveness" means that a project or resource is forecast:
(a) To be reliable and available within the time it is needed; and
(b) To meet or reduce the power demand of the intended consumers at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative project or resource, or any combination thereof.
(6) "Council" means the state building code council.
(7) "Covered building" has the same meaning as defined in RCW 19.27A.200.
(8) "Embodied energy" means the total amount of fossil fuel energy consumed to extract raw materials and to manufacture, assemble, transport, and install the materials in a building and the life-cycle cost benefits including the recyclability and energy efficiencies with respect to building materials, taking into account the total sum of current values for the costs of investment, capital, installation, operating, maintenance, and replacement as estimated for the lifetime of the product or project.
(9) "Energy consumption data" means the monthly amount of energy consumed by a customer as recorded by the applicable energy meter for the most recent twelve-month period.
(10) "Energy service company" has the same meaning as in RCW 43.19.670.
(11) "Enterprise services" means the department of enterprise services.
(12) "Greenhouse gas" and "greenhouse gases" includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
(13) "Investment grade energy audit" means an intensive engineering analysis of energy efficiency and management measures for the facility, net energy savings, and a cost-effectiveness determination.
(14) "Investor-owned utility" means a corporation owned by investors that meets the definition of "corporation" as defined in RCW 80.04.010 and is engaged in distributing either electricity or natural gas, or both, to more than one retail electric customer in the state.
(15) "Major facility" means any publicly owned or leased building, or a group of such buildings at a single site, having ten thousand square feet or more of conditioned floor space.
(16) "National energy performance rating" means the score provided by the energy star program, to indicate the energy efficiency performance of the building compared to similar buildings in that climate as defined in the United States environmental protection agency "ENERGY STAR® Performance Ratings Technical Methodology."
(17) "Net zero energy use" means a building with net energy consumption of zero over a typical year.
(18) "Portfolio manager" means the United States environmental protection agency's energy star portfolio manager or an equivalent tool adopted by the department of enterprise services.
(19) "Preliminary energy audit" means a quick evaluation by an energy service company of the energy savings potential of a building.
(20) "Qualifying public agency" includes all state agencies, colleges, and universities.
(21) "Qualifying utility" means a consumer-owned or investor-owned gas or electric utility that serves more than twenty-five thousand customers in the state of Washington.
(22) "Reporting public facility" means any of the following:
(a) A building or structure, or a group of buildings or structures at a single site, owned by a qualifying public agency, that exceed ten thousand square feet of conditioned space;
(b) Buildings, structures, or spaces leased by a qualifying public agency that exceeds ten thousand square feet of conditioned space, where the qualifying public agency purchases energy directly from the investor-owned or consumer-owned utility;
(c) A wastewater treatment facility owned by a qualifying public agency; or
(d) Other facilities selected by the qualifying public agency.
(23) "State portfolio manager master account" means a portfolio manager account established to provide a single shared portfolio that includes reports for all the reporting public facilities.
[ 2025 c 264 s 1. Prior: 2019 c 285 s 9; 2011 1st sp.s. c 43 s 245; 2010 c 271 s 305; 2009 c 423 s 2.]
Notes:
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.