Builders demand energy codes comply with the new law approved by voters
December 6, 2024
The Building Industry Association of Washington (BIAW) filed a lawsuit today, asking the court to direct the State Building Code Council to modify the state energy codes to comply with the new law approved through I-2066.
“Millions of voters have spoken and Initiative 2066 is now law,” said BIAW Executive Vice President Greg Lane. “Above all else, the members of the State Building Code Council have a duty and obligation to follow state law.”
“The building industry has repeatedly and respectfully requested the State Building Code Council adjust the codes to comply with the new law,” Lane said. “We even offered multiple pathways to do so. The Council has refused to take action. We are left with no other option but to ask a court to tell the Council that they are not above the law.”
BIAW wrote a letter to the council on Nov. 13, asking them to take emergency action to comply with the new law. The council chose not to take emergency action. Initiative 2066 became law on Dec. 5, 2024.
“The council’s decision creates chaos for builders and building code officials across the state,” Lane said. “There is uncertainty and this will lead to tremendous inconsistency in code enforcement. Our lawsuit asks the court to calm the chaos with firm action upholding law and protecting energy choice.”
Lawsuit requests declaratory judgment
Filed in Thurston County Superior Court, BIAW’s lawsuit requests the court to issue a binding judgment stating that:
- I-2066 amended the RCWs controlling the State Building Code Council;
- The State Building Code Council is subject to the new law; and
- Emergency rulemaking is appropriate.
Local officials directed to follow the law as well
BIAW sent letters to local elected and building officials last week. The letters direct them to follow the law and grant permits to builders to install natural gas. BIAW also sent letters to county prosecutors and city attorneys, asking them to assist in ensuring compliance.
“We’re working at every level to make sure officials comply with the law so builders can continue working to build the homes our state desperately needs,” Lane said.
Building code officials must comply with the law
Approved by nearly 2 million voters, I-2066 bars the State Building Code Council from prohibiting, penalizing or discouraging the use of natural gas for heating, cooking or other appliances in any building.
It also prohibits all local governments from banning, restricting or disincentivizing natural gas in new or existing homes or commercial buildings.
“Officials don’t just get to ignore laws they don’t want to enforce,” Lane said. “We urge the court to do the right thing so Washington families can have the natural gas they voted for in November.”
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The Building Industry Association of Washington is the voice of the housing industry. It’s the state’s largest trade association with more than 8,200 member companies. BIAW promotes and protects the building industry so more Washington families can enjoy the American Dream of homeownership. Learn more at: www.biaw.com