Guidance in Adoption of RCW 19.27.700

During the 2020 legislative session, House Bill 2701 created Revised Code of Washington sections 19.27.700 through 19.27.740. The new RCW language creates inspection and testing of fire and smoke control systems regulations. The Association opposed the bill during the hearings. The Association supports the inspection and testing of smoke control systems, but took issues with the unfunded mandate, inspection and testing personnel qualifications, the July 1st, 2021 implementation date, and that the regulations were not found in the Washington Administrative Code. 

The Association made several attempts during the 2021 legislative session to fix and clarify the language to no avail. There was some movement made at the State Building Code Council to support the formation of a taskforce of stakeholders, regulators, and legislators to draft comprehensive language for the 2022 legislative session. We will be taking the lead in the formation and facilitation of this taskforce. We are confident that we will be successful in the development of new language which will address the main concerns of the existing language.

Since this language is an RCW, any implementation of these provisions at the local level will require a standalone ordinance. We are recommending caution for any of our member agencies when considering a local adoption for the reasons stated above. Please contact the Association for any assistance or information.   

Mobile Fueling in the 2018 Code Including Additional Rules Effective July 10, 2021

The 2018 Fire Code establishes permitting for “on demand mobile fueling”, a newer service where cars are refueled at their parking location. Section 5707 of the 2018 Fire Code sets out a permitting structure that includes: an “operator” permit for the company offering the service, a “vehicle” permit for each truck dispensing gas, and a “site” permit for locations where mobile fueling is allowed to occur.  WSAFM has developed standard permit conditions that may be used by any jurisdiction for these new permit types:  operator conditions, vehicle conditions, site conditions.

In addition, effective July 10, 2021, the 2018 Washington State Fire Code now allows fire departments to accept “operator” and “truck” permits issued by other Washington State fire departments who meet the code standards, instead of issuing their own permit. To date, WSAFM has learned that the Seattle Fire Department is issuing operator and vehicle permits and performing truck inspections that other AHJs may opt to recognize.  As required under the new 2018 code, Seattle is maintaining a list of current mobile fueling permit holders for your reference.  Local jurisdictions continue to have sole authority for mobile fueling site permits.

For reference, here are additional Chapter 5707 amendments from the State of Washington that became effective July 10, 2021.

5707.1.2 Coordination of permits. Permits across multiple authorities having jurisdiction shall be coordinated in accordance with Sections 5707.1.2.1 through 5707.1.2.4.

5707.1.2.1 Acceptance of permits issued by other authorities having jurisdiction. Local authorities having jurisdiction that allow mobile on demand fueling trucks may accept conforming permits issued and/or inspections performed by any other local authorities having jurisdiction in Washington state. Local authorities having jurisdiction that choose to accept conforming permits issued by other local authorities having jurisdiction in Washington state retain the right to enforce the provisions of this section.

5707.1.2.2 Local authorities having jurisdiction not offering operator or truck certification. A conforming operator or vehicle permit issued by one local authority having jurisdiction shall be recognized and accepted by all local authorities having jurisdiction in Washington state, if those local authority having jurisdictions allow mobile on demand fueling and do not offer such operator or truck certification. Under no circumstances will an issuing local authority having jurisdiction be expected to perform permissive inspections beyond their jurisdiction.

5707.1.2.3 Commencing permit issuance. When a local authority having jurisdiction that has previously authorized mobile fueling operations but not issued their own permits commences permit issuance for mobile fueling operations or vehicles, that local authority having jurisdiction shall continue to accept permits previously issued by another local authority having jurisdiction in Washington state for three months or until their expiration date, whichever is sooner.

5707.1.2.4 Permit record maintenance. Issuing local authorities having jurisdiction shall maintain a publicly available list of current permits or other information source to enable all parties to have information about whether permits are in good standing.

Washington State Association of Fire Marshals

Address: 605 11th Ave SE, Suite 211, Olympia WA, 98501

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