State Building Code Council rejects emergency rulemaking request tied to Initiative 2066

The State Building Code Council on Thursday voted 10-2 against finding an emergency that would have cleared the way for emergency rulemaking in response to a petition from the Building Industry Association of Washington (BIAW) related to Initiative 2066.

The petition asked the council to adopt emergency language to guide local code officials on how to apply the initiative’s limits on energy‑code treatment of natural gas while the council proceeds through its regular rulemaking to reconcile I‑2066 with existing energy and state law. Council staff and the petitioner said a decision was needed quickly: the petition response deadline to the code office was Feb. 15.

Supporters of the petition, led in public comment by Patrick Hanks of the Building Industry Association of Washington, said the emergency language was intended only as a temporary fix to avoid permit uncertainty while the council finished deliberations on permanent code changes. “This is not a permanent solution, and it’s not our first solution, but it’s complementary to what the council is doing right now,” Hanks told the council. He urged a short‑term measure to give builders and local officials clearer guidance while the formal rulemaking proceeded.

Opponents and several council members said the petition did not meet the statutory standard for emergency rulemaking, would create more uncertainty for code officials, and risked legal conflict with other state law. Council member Kjell Anderson said the proposed language “seems like it…