On May 24, 2023, the Washington State Building Code Council (the “Council”) delayed implementation of the updated Washington State Building Code from July 1, 2023 to October 29 of 2023. This delay was a direct response to the Ninth Circuit’s ruling in California Rest. Ass’n v. City of Berkeley, no. 21-16278, 2023 US App. LEXIS 9068 (April 17, 2023).
The proposed code update would have required the use of heat pumps or other electric systems instead of natural gas systems. The Council has directed staff to convene two technical advisory groups to consider modifications to reduce the risk of federal preemption in light of the Ninth Circuit’s decision.
Changes to the Washington State Building Code also continue to face challenges, with a new lawsuit filed earlier this week (specifically citing federal preemption under the Energy Conservation and Policy Act).
