News

WSAFM’s Legislative Committee is seeking member input for our 2025 State Legislative Priorities.  The draft priorities are available here: Washington State Association of Fire Marshals - Legislative Resources.  To provide input please email your comments to Legislative Chair Karen.Grove@seattle.gov.  As required by the State Constitution, the session will begin the second Monday of January.  Because 2025 is the start of a biennium, this session will run for 105-days. 

On March 15th, the State Building Code Council (SBCC) took emergency action to remove an error to the State amendments of the 2021 International Fire Code.  Section 308.1.4, Open-flame cooking devices, has not been adopted by the State since the adoption of the International Codes.  The amendment was inadvertently removed from the published code.  The action of the SBCC has reinstated the amendment that IFC 308.1.4 is NOT ADOPTED.  If you have any questions, please contact Dave Kokot (dkokot@wsafm.com).

SB 6120 modified laws in Washington related to the Wildland Urban Interface Code (WUIC).  SB 6120 included emergency provisions and will take effect upon the Governor’s signature, which is expected to occur in mid-March 2024.  In order to start or continue enforcing the WUIC after this emergency rule takes effect, local jurisdictions should be aware of implementation recommendations from WSAFM.

Fellow Fire Marshals,

The Washington State Association of Fire Marshals (WSAFM) needs you to contact your legislator or your municipality’s lobbyist to ask for an amendment to be added to HB2071.

HB2071, as it is currently written, will exempt multiplex housing from the IBC and lessen the likelihood that sprinklers and other fire protection systems will be provided. The end goal of the legislation is to find ways to build multiplexes more affordably. The legislation states: “Allowing middle and multiplex housing to be built according to the standards of the international residential code will result in housing being easier to build and more affordable without sacrificing quality and safety. Therefore, the legislature intends to simplify the production of middle and multiplex housing by allowing more types of housing to use provisions of the international residential code.”

The legislation creates a Technical Advisory Group (TAG) for the purpose of recommending the additions or amendments to rules or codes that are necessary for the council to apply the Washington state residential code to multiplex housing. The legislation goes on to say that the TAG “must consider the life safety systems…….” WSAFM strongly believes that the language “must consider” needs to be replaced with “will include”. 

To find your legislative representation you can search here:  https://app.leg.wa.gov/Rosters/Members/House

House Bill 2071 Information

Timeline:  Let us know by Friday 2/7 if you are willing to get involved. WSAFM’s lobbyist is more than willing to assist you in your efforts. Contact Bryan McConaughy via e-mail at bryan@bmcconsulting.net and cc WSAFM Legislative Leads Dave Kokot dkokot@wsafm.com or Karen Grove karen.grove@seattle.gov.

Yours in service,

The Washington State Association of Fire Marshals

On November 17, the SBCC approved amendments to the WUI code that weaken or remove defensible space requirements and ask local jurisdictions to adopt their own map (the DNR map would no longer be referenced).   WSAFM has concerns and provided an official letter to the SBCC.  Defensible space is a national best practice and proven code strategy to reduce death and property loss from wildfire.  WSAFM feels the SBCC exceptions go too far in Chapter 6, particularly for jurisdictions in the eastern, drier part of the state.   In addition, WSAFM is concerned that the SBCC is creating an unfunded mandate for local jurisdictions by removing the DNR map (SBCC amendments to Chapter 3).  WSAFM would rather see the DNR map improved with more local flexibility rather than require all local jurisdictions to create and maintain their own maps.

WSAFM's official comment is here: WSAFM WUI Position Paper

The proposed Draft Language from the SBCC is here: Microsoft Word - Defensible Space Proposal Council Decision Nov 17 (wa.gov)

Please contact Dave Kokot with comments or feedback at dkokot@wsafm.com.

The 2024 Legislative Session begins on Monday, January 8, 2024, and will run for a short 60 days.  The Washington State Association of Fire Marshals Legislative Committee has established draft priorities for the 2024 session.  We are requesting feedback from the membership through December 1, 2023.  Please email karen.grove@seattle.gov or dkokot@wsafm.com with comments or suggestions. 

• • A meeting of the Fire Service Delivery Workgroup is scheduled for  Tuesday, September 26, 2023 from 8:00 a.m. to 4:00 p.m. at the Lacey Fire District’s Training and Education Center in Lacey, Washington.  WSAFM is not a member of the Workgroup, but is requested to provide testimony as a stakeholder.  We are looking for comments and suggestions to be included in our testimony to the Workgroup.  Members interested in providing testimony information are requested to contact Dave Kokot at dkokot@wsafm.com. 

    The Fire Service Delivery Workgroup was established by the 2023 Operating Budget. The workgroup’s purpose is to evaluate the existing funding and service delivery models of fire service functions (currently provided by the Washington State Fire Marshal’s Office) including, but not limited to:

    a)      Fire service training and certifications;

    b)      Apprenticeships;

    c)      Risk mobilization;

    d)      Fire prevention;

    e)      Inspections and plan review;

    f)       Data collection;

    g)      Building codes and fire sprinkler and monitoring systems; and

    h)      Fireworks and fire safe cigarettes.

    They are seeking statewide stakeholder input. To that end, we will be providing the following:

    1. How we interact with the Office of the State Fire Marshal
    2. Most important challenges our organization faces regarding fire service funding, or fire service delivery
    3. Recommendations to improve those concerns

    The Fire Service Delivery Workgroup must report its findings and recommendations for the future delivery of these functions to the Legislature and the Governor by December 1, 2023.
    

   

  
  

The State Building Code Council of Washington State (SBCC) has extended a previously approved emergency rule to allow fire code officials to utilize the 2023 edition of NFPA 855 for the Installation of Energy Storage Systems. This emergency rule had support from regulatory agencies and industry when it was first introduced in November of 2022 to the SBCC. The existing emergency rule expired in May of 2023 and with the delay of the implementation of the 2021 Washington State Codes it was necessary to create an extension.

An amended Chapter 12 of the 2021 International Fire Code (IFC) was also approved by the SBCC for Off-Cycle Rule making. This chapter is particularly relevant for the installation and maintenance of batteries and energy storage systems (ESS). The proposed changes bring forward the latest code language from the 2024 IFC into the Washington State 2021 Fire Code.

The 2021 WA State Fire Code also has two new sections addressing Lithium-ion batteries and powered mobility devices such as electric scooters and bikes. Section 322 Lithium-Ion and Lithium Metal Batteries and section 323 Powered Micromobility Devices and Powered Industrial Trucks were developed to help address the hazards associated with the use of lithium-ion batteries. The new code language is from the 2024 IFC (International Fire Code) and was brought forward early in Washington State to assist in regulating this industry. The first printing of the State’s insert pages are a good source for Chapter 3 modifications.  The 2021 Washington Fire Code with these amendments is expected to take effect no earlier than October 29, 2023. 

The State Building Code Council (SBCC) voted on May 24, 2023, to delay the effective date of the 2021 codes until October 29, 2023 (120 days).  The SBCC also created to Technical Advisory Groups to consider stakeholder proposals on sections of the commercial and energy codes.  Possible modifications are being considered as a result of legal uncertainty stemming from the decision in California Restaurant Association v. City of Berkeley. 

The first printing of insert pages showing WA amendments to the 2021 IFC is available here:  www.sbcc.wa.gov/state-codes-regulations-guidelines/state-building-code/fire-code-amendments. 

The SBCC recently passed an emergency amendment to the 2018 Fire Code to bring forward additional provisions available in the 2021 code related to requirements for battery energy storage systems.  This amendment provides local AHJs additional safety provisions at time of permitting and installation -- provisions that are included in the 2021 codes but not available under the 2018 code. 

These changes (shown in underline below) will take effect following the publication by the State’s Code Reviser’s office (early February): 

1201.1 Scope. The provisions of this chapter shall apply to the installation, operation and maintenance of energy systems used for generating or storing energy. It shall not apply to equipment associated with the generation, control, transformation, transmission, or distribution of energy installations that is under the exclusive control of an electric utility or lawfully designated agency. Energy storage systems regulated by Section 1206 shall comply with this chapter as appropriate and NFPA 855.

Chapter 80 REFERENCED STANDARDS

NFPA 855-23 Standard for the Installation of Stationary Energy Storage Systems

1201.1