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State Building Code Council delays final adoption, seeks remedies to preserve implementation date
Summary
State Building Code Council staff told the committee the 2024 code language is largely settled but that rulemaking timelines required by the Administrative Procedures Act have forced the council to delay final adoption.
State Building Code Council staff told the committee the 2024 code language is largely settled but that rulemaking timelines required by the Administrative Procedures Act and the Regulatory Fairness Act created challenges in meeting the previously scheduled adoption and implementation dates.
SBCC staff said the council passed a motion on Sept. 26 to delay final adoption to May 15, 2026 (after the legislative session) and that, because statute requires codes to remain through the legislative session before becoming effective, the implementation date would align with statute (May 1, 2027) unless administrative or legislative remedies allow an earlier implementation. Staff said they plan a legislative committee meeting to explore options and invited legislative ex officio members to participate.
The council reported progress on rulemaking tasks required by recent housing legislation, including content for single-stairway rules (Senate Bill 5491) and multiplex housing (House Bill 2071). SBCC staff said drafts for those topics are being developed and that the council is coordinating publication with the International Code Council to provide a consolidated Washington text for jurisdictions.
Committee members asked whether the delay was procedural rather than content-driven; SBCC staff said about 99% of content is final and that the delay centers on administrative filings and required public-comment windows. Staff reiterated the importance of predictable timing for jurisdictions that must adopt local amendments and advised the committee they will continue to update legislators as the council pursues remedies.
The council's update underscores the interaction between state code cycles, statutory timelines and the legislative calendar; staff said that while substantive code text is virtually complete, the statutory requirement that codes pass through the legislative session means the timing of adoption and implementation remains sensitive to procedural deadlines.
