On May 24, the State Building Code Council voted to delay the implementation of the 2021 Washington State Building Codes under emergency rule for 120 days starting on June 30, 2023.
The new effective date for all building codes is October 29, 2023.
The Council also voted to enter CR101 off-cycle rulemaking to revise portions of the 2021 Washington State Energy Code (residential and commercial) that would mitigate similar legal risks for Washington State described in the ruling by the 9th Circuit Court.
These actions were taken during a Special Meeting of the SBCC that was called to address a recent 9th Circuit Court of Appeals Case (CA Restaurant Association vs. Berkley). The federal appeals court has ruled that Berkeley, California, cannot enforce a ban on natural gas piping installation in new buildings, saying a U.S. Energy Policy and Energy Policy Conservation Act (EPCA) preempts the city's regulation.
The SBCC is still litigating a lawsuit from Northwest Regional Council of The National Construction Alliance, et al, on adopted 2021 rules.
The SBCC was also served with an additional Federal Complaint for Declaratory and Injunctive Relief Lawsuit that was filed by Rivera, et al, based on the federal preemption ruling in the Berkley case.
