County commissioners on Thursday voted to direct the county building official to apply the 2015 Washington State Energy Code rather than newer, contested state rules while those rules are tied up in court.
The commissioners said the move was intended to avoid potential liability and enforcement uncertainty while the legal challenge works through the courts.
Dan Higbee, the county building official, described how local officials have been tracking changes and court action and answered commissioners’ questions about code details and enforcement. Commissioners and staff also discussed alternate codes and how the state and other counties have responded to the court challenge.
Why it matters: energy-code adoption affects construction standards, allowable tradeoffs under the code’s credit system, and permitting responsibilities for the county’s building department. Commissioners said they prefer to use a codified, settled standard until legal questions are resolved.
The board’s directive follows a monthslong conversation about the state’s energy-code changes and how local jurisdictions should respond when implementation is clouded by litigation. County staff and commissioners raised liability concerns about enforcing a code that could later be overturned, and asked the county prosecutor’s office for guidance on legal exposure.
The board’s discussion covered technical points that Higbee summarized: the state code’s credit system allows tradeoffs (for example, higher-performance windows that can offset some wall insulation requirements), roof and wall insulation minima (Higbee cited roof R-60 and wall R-20 plus an exterior continuous insulation example), and building-envelope testing and documentation practices. He said smaller dwellings require fewer total “credits” under the credit system while larger buildings require more.
Commissioners debated whether the county could adopt the International Energy Conservation Code (IECC) as an alternate code, noting Douglas County has used an alternate code in response to the challenge. The board asked the county attorney to confirm whether using an alternate code is legally available here.
The board then made a formal motion. One commissioner moved “to direct Dan, our building official, Dan Higbee, to use the 2015 Washington State Energy Code, until a newer one is adopted by the state or until we make any further changes to that directive.” The motion was seconded and approved by a vote of the commission.
What’s next: the building department will continue permitting under the 2015 Washington State Energy Code unless or until the state adopts a new code, the courts resolve the challenge, or the board changes its directive. The board asked staff to check with the county attorney about liability and to monitor any further court rulings or state guidance.