Thurston County Superior Court Judge John Skinder acknowledged BIAW’s building code council (SBCC) lawsuit should put the council “on notice” at a hearing Friday morning. While Skinder ultimately dismissed the lawsuit, BIAW will be filing a new suit against the SBCC, based upon the court’s ruling this week.

In an effort to use all possible means to require the SBCC to follow the new law, BIAW filed the case under the Uniform Declaratory Judgment Act, asking the court to acknowledge:

1. I-2066 changed the law;
2. The SBCC must follow the law; and
3. Emergency rulemaking by the SBCC would be appropriate to get the current energy code into compliance with the law.

Skinder recognized the lawsuit as creative and well-briefed. However, he granted the State’s motion to dismiss the case, agreeing with the state’s argument that it would be more appropriate for BIAW to challenge SBCC matters under the Administrative Procedure Act (APA).

That’s because the SBCC is a state agency and state agency action falls under the APA.

Next step: APA Challenge

Skinder did not, however, rule on the merits of the case. The ruling sets the stage for BIAW’s next effort to challenge the SBCC’s lack of action through the APA.

“The court’s dismissal is not a substantive win for the SBCC, nor is it a referendum on I-2066 or a validation of the SBCC’s inaction on energy code amendments,” said BIAW Vice President – General Counsel Ashli Penner. “We will continue to put pressure on the SBCC in our APA lawsuit with the goal of changing the existing energy code to comply with I-2066.”

Constitutional Challenge Continues

While BIAW continues its legal work to hold the state accountable in allowing builders to use natural gas in their projects, a constitutional challenge to I-2066 continues. King County Superior Court will hear that case on March 21, 2025.

Other ongoing efforts

BIAW and local home building associations continue to work through other state and local avenues to uphold the law.

If you need help working with your local building officials, please reach out to AndreaS@biaw.com. 

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