SBCC authorizes emergency rule filing to clarify fire-protection contractor licensing after confusion over effective dates

OLYMPIA, Wash. — The Washington State Building Code Council voted Friday to file an emergency rule and begin expedited permanent rulemaking to resolve contractor confusion about licensing requirements for specialty fire-suppression systems, moving the relevant effective date and adding a limited exception while permanent language is completed.

The move followed public testimony by contractors and fire-protection specialists who said earlier emergency-rule filings and date changes created confusion about when new licensing requirements took effect and whether technicians who had been performing specialized work would meet the new requirements. The council approved staff’s request to refile emergency language and begin expedited permanent rulemaking; the emergency filing updates a date in WAC section 904.1.1.2 and sets a transition date (council staff indicated May 5, 2025) to align a short-term emergency rule with an expedited permanent filing.

Contractors told the council they were seeing work backlogs and unclear eligibility for projects after the prior emergency rule(s) had lapsed or been adjusted. “When you go to the website for the legislative, website regarding the WACs, it still has the effective date as 07/01/2024,” said David Kokot, a fire-protection professional who testified during the public-comment period, describing confusion over what was posted online. He said some contractors “started submitting stuff after February” and were then told they might not meet the new state requirements.

Several speakers described barriers created by the single certifying organization used by many specialty contractors. “NYSAT will not allow both of those hours at the same time. . . . They will not allow you to retroactively put those hours in,” said a Spokane-area fire-protection manager (testimony identified him as Chris), describing limits in how an outside certifier counts prior on-the-job training and how long the certifier takes to approve exam results.

SBCC staff said they were working to refile emergency and expedited rulemaking documents to avoid another lapse in enforceable language while permanent rulemaking proceeds. Legal counsel confirmed the council may adopt an emergency rule at the meeting and follow with expedited or regular rulemaking, and staff asked the council to approve filings that would change the effective date language in the existing emergency rule to a near-term date that would…