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Builders ask for safe‑harbor language after executive order allowing code choice
Summary
DPS reported builders and homeowners seek 'safe harbor' language to be held harmless if they built to the 2020 code following a governor's executive order that allowed choice between two codes; DPS is pursuing rulemaking and suggested adding language to pending code compliance bills.
The Department of Public Service presented a request from builders for 'safe harbor' language relating to the building energy code.
DPS said the request stems from a governor’s executive order on housing that allowed builders and homeowners to choose between two codes; builders and homeowners now seek statutory safe‑harbor protection if they built to the 2020 code after the executive order but before final rules are adopted. DPS said it is moving forward with rulemaking to clarify legal uncertainty and that additional testimony—Andrew Brewer with the builders association—would be available to answer committee questions.
A committee member noted an existing code compliance bill could incorporate the safe‑harbor language, and DPS agreed to share any draft language it has prepared.
The committee did not take formal action and requested follow‑up as part of bill drafting and committee consideration.
