Attorneys will argue a new motion in the state challenge to Washington’s building codes at 9 a.m. on Friday, April 5.

Challenge to Washington’s building codes continues Friday

Attorneys for the state of Washington will argue their motion to dismiss the Open Public Meetings Act (OPMA) claim in the state challenge to Washington’s new building codes.When: 9 a.m. Friday, April 5Where: Thurston County Superior CourtWatch on TVWThe claim is one of three brought in an amended lawsuit by the Building Industry of Washington (BIAW) and other builders, labor organizations, homeowners and businesses challenging the way the State Building Code Council (SBCC) approved far-reaching and expensive new codes governing residential and commercial building in Washington.

Multiple violations alleged

The plaintiffs allege the Washington SBCC no only violated the state Open Public Meetings Act (OPMA), it also failed to abide by the Regulatory Fairness Act’s (RFA) requirement for a small business economic impact statement and the Administrative Procedures Act (APA).BIAW and the others asked the Court to:

• Declare the SBCC’s code amendments invalid.
• Declare null and void its actions during the November and December meetings as violations of the OPMA.
• Award the coalition its costs and fees.

“We’re arguing the SBCC overstepped its authority and violated multiple regulatory requirements in passing these expensive new codes,” said Ashli Tagoai, BIAW’s General Counsel. “State building codes affect builders’ ability to produce the thousands of new homes our state needs at a price families can afford. That’s why we’re holding the council accountable to follow the rules.”She went on to say that even if the court were to dismiss the OPMA claim, the case would still proceed with the APA and RFA claims.

Codes in effect until overturned

The new codes went into effect on March 15, despite pending legal challenges. No further hearings have been scheduled to date.