Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Rcw Energy Code Applicability topic
No spam. Unsubscribe anytime.
SBCC committee seeks legal opinion on whether new statute limits local enforcement of energy-code conversions
Summary
Committee debated a WAVO/WABO request asking whether RCW 35A.21 prevents jurisdictions from requiring energy-code upgrades when nonresidential buildings convert to residential use; members asked staff to obtain and circulate the council’s legal opinion before the full council meets.
The MBPE committee discussed a request from WAVO (WABO/WAVO participants) about whether new statutory language in RCW 35A.21 limits local jurisdictions’ ability to require compliance with current energy-code provisions when nonresidential buildings convert to residential use. Staff read the question and a draft staff answer, and committee members asked that SBCC legal counsel provide a definitive opinion for distribution to council members before the council meeting next week.
The staff-read question noted two potentially relevant authorities and asked whether the RCW language ‘‘prohibits jurisdictions from imposing current energy code requirements in cases where nonresidential buildings are converted to residential use.’’ Staff’s draft response said Washington energy-code provisions adopted by SBCC must be enforced by jurisdictions as required by the State Building Code Act, suggesting the state energy code remains applicable. Patrick Hanks, citing his legal counsel’s review, said his counsel’s interpretation differed and advised staff to revise the draft answer to reflect that RCW 35A.21.440(2) may apply to energy requirements adopted by SBCC and would take precedence if a conflict exists.
Lisa Rosenau of Evergreen Technology Consulting told the committee that section C505.3 of the energy code currently states that a space undergoing a change of occupancy to dwelling must be brought to full compliance ‘‘for all disciplines’’ in specified cases, adding that the usual interpretation has been to require energy-code upgrades for commercial-to-residential conversions. Members noted the statute’s effective date is June 30, 2026, but several said projects already in design will be affected, and they requested that SBCC legal counsel (Dirk) prepare an opinion and circulate it to council members prior to the council meeting.
The committee moved to table the opinion item to the next council meeting, with staff directed to obtain and circulate the legal opinion in advance; the motion passed by voice vote. No formal change to code language or enforcement policy was made at the meeting.
