HomeMy WebLinkAboutSpecial 2023-06-26 Item 2E - Ordinance - Modify Adoption Date for Updated State Building CodesITEM INFORMATION
STAFF SPONSOR: JERRY HIGHT CBO ORIGINAL AGENDA DATE: 6/26/23
AGENDA ITEM TITLE Implementation Delay of the 2021 WA Washington State Building Codes
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 6/26/23 Mtg Date Mtg Date Mtg Date 6/26/23 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY State Building Code Council Implementation Delay of the 2021 WA Washington State
Building Codes for 120 days
REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
6/26/23
MTG. DATE ATTACHMENTS
6/26/23 Informational Memorandum dated 6/26/23
Draft ordinance
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
6/26/23 JH 5.B. &
Spec 2.E.
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City of Tukwila Allan Ekberg, Mayor
Department of Community Development Nora Gierloff, Director
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax 206-431-3665
INFORMATIONAL MEMORANDUM
TO: Planning & Community Development Committee
FROM: Nora Gierloff, Director
BY: Jerry E Hight, Building Official
C: Mayor Ekberg
DATE: June 26, 2023
SUBJECT: Implementation Delay of the 2021 WA Washington State Building Codes
ISSUE
On May 24, 2023, the State Building Code Council voted to delay the implementation of the 2021
Washington State Building Codes under emergency rule for 120 days to October 29, 2023, starting
on June 30, 2023.
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), in which the federal appeals
court ruled that Berkeley, California, cannot enforce a ban on natural gas piping installation in new
buildings, finding a U.S. Energy Policy and 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.
RECOMMENDATION
The Council is being asked to approve and forward the amended ordinance for the delayed effective
date established by the State Building Code Council for adoption of the 2021 State Building code with
amendments to the special council meeting consent agenda.
ATTACHMENTS
Revised Ordinance
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING ORDINANCE
NO. 2702 §2 (PART), AS CODIFIED AT TUKWILA
MUNICIPAL CODE (TMC) CHAPTER 16.04, “BUILDINGS
AND CONSTRUCTION,” TO MODIFY THE ADOPTION
DATE FOR UPDATED STATE BUILDING CODES;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, pursuant to its municipal authority, the City of Tukwila has adopted certain
codes as amended by the State of Washington as the Building and Construction Codes of
the City; and
WHEREAS, those codes are generally adopted and amended by the State of
Washington every three years pursuant to the provisions of Chapter 19.27 RCW, and
municipalities are required to adopt the latest changes on the effective date established by
the State Building Code Council ; and
WHEREAS, the City Council desires to adopt the 2021 State Building Code and
amendments, and other codes as specified herein, as reviewed by the City’s Department of
Community Development and stated herein; and
WHEREAS, on May 1, 2023, the City Council adopted Ordinance No. 2702 adopting
updated State Building Codes; and
WHEREAS, on May 24, 2023, the State Building Code Council voted to delay the
effective date of the 2021 Codes by 120 days until October 29, 2023, starting on June 30,
2023, due to pending litigation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council hereby adopts the
foregoing recitals and incorporates them herein as support for these amendments.
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Section 2. TMC Section 16.04.020 Amended. Ordinance Nos. 2171 §1 (part),
2648 §2, and 2702 §2, as codified at Tukwila Municipal Code (TMC) Section 16.04.020,
“Codes Adopted,” subparagraph A, are hereby amended to read as follows
16.04.020 Codes Adopted
A. Effective on the date established by the State Building Code CouncilJuly 1, 2023,
the specified editions of the following model codes are adopted by reference as if fully set
forth and as numerated in Chapter 19.27 RCW:
2021 International Building Code with statewide amendments
ICC/ANSI A117.1-09, Accessible and Usable Buildings and Facilities, with
statewide amendments
2021 International Residential Code with statewide amendments
2021 International Mechanical Code with statewide amendments
2021 International Fuel Gas Code with statewide amendments (part of the
International Mechanical Code (IMC) adoption)
2020 Liquefied Petroleum Gas Code (NFPA 58)
2021 National Fuel Gas Code (NFPA 54) (for LP Gas installation only)
2023 National Electrical Code with statewide amendments
2021 Uniform Plumbing Code with statewide amendments
2021 Washington State Energy Code
2021 International Existing Building Code with statewide amendments found in
the IBC
2021 International Swimming Pool and Spa Code
Section 3. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of scrivener’s errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force on October
29, 2023, or as otherwise determined by the State Building Code Council.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Special Meeting thereof this _______ day of _________________, 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC Cynthia Delostrinos Johnson
City Clerk Council President
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
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