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SBCC Approves Disaster Rebuilding Energy Code Flexibility

spokane complex fire

We did it! Thank you to the people who sent in written testimony or spoke at the hearings to voice their concerns and expertise! The Washington State Building Code Council (SBCC) voted today, Friday, October 30, 2026, to approve new exception language providing potential energy-code flexibility for qualifying disaster-related repairs and reconstruction. The decision gives local jurisdictions two possible approaches intended to help reduce rebuilding burdens for eligible property owners. Keep reading!

What the Council Approved

Under the approved exception, a local jurisdiction may use either of the following approaches for qualifying repairs or reconstruction:

  • OPTION 1 | ENERGY-CREDIT RELIEF: Reduce the Section R406.3 energy-credit requirement by two credits.
  • OPTION 2 | PRIOR ENERGY CODE EDITION: Allow the use of previous editions of the Washington State Energy Code in effect when the original structure was built, but no earlier than the 2015 edition.

Eligibility & Limitations

  • Floor area: The repaired or reconstructed structure may not exceed the original floor area by more than 500 square feet.
  • Application timeline: The permit application must be submitted within two years after the emergency proclamation expires.
  • Transfer of title: The exception generally ends if ownership transfers or with family-transfer exceptions specified in the adopted language.

The exception applies to damage or destruction associated with a natural disaster in an area covered by a Governor's emergency proclamation, as described in the approved text below.

Exact Language Approved by SBCC

The following is transcribed verbatim from the approved language shared during the October 30 Council meeting.

EXCEPTION: Where a natural disaster has occurred in an area covered by an emergency proclamation of the governor and it has caused damage to or destruction of a structure which requires reconstruction and repairs of the existing structure, the local jurisdiction is permitted to reduce R406.3 credit requirements by 2 credits or to allow use of a previous edition of the Washington State Energy Code in effect at the time of original construction, but not earlier than the 2015 edition, subject to the following conditions:

  1. The total floor area of the repaired or reconstructed structure shall not exceed the original floor area by more than 500 square feet.
  2. A permit application for the repairs or reconstruction shall be submitted within two years after the expiration of the emergency proclamation.
  3. This exception shall cease to apply upon transfer of title to the property, except for transfers between family members related by blood, marriage, domestic partnership, adoption, or legal guardianship, as recognized under Washington State law.

What Happens Next?

The Council's approval is an important step, but it should not be treated as immediate authorization to use a prior energy code on a particular project. The language says a local jurisdiction is 'permitted' to grant relief; it does not automatically require every jurisdiction to offer it. SHBA is seeking written clarification on the final filing and effective date, applicability to the Spokane Complex Fires, and local procedures.

  1. State rule filing and effective date: SBCC staff must confirm the final filed rule, its effective date, and whether it is being implemented through an emergency rule. If an emergency rule is filed, Washington law generally makes it effective upon filing unless a later date is stated; emergency rules ordinarily last no more than 120 days without further action.
  2. Local jurisdiction guidance: Affected city and county building departments must determine whether, when, and how they will allow either compliance option. Builders should wait for written guidance from the permitting jurisdiction, including any required forms or plan notes.
  3. Project-by-project eligibility: The permitting authority should confirm that the property and damage qualify under the proclamation and the approved “natural disaster” wording, and verify original construction date, original floor area, ownership/transfer status, and permit-submittal deadline.
  4. Plans, pricing, and existing applications: Before changing specifications, submitting a revised energy calculation, or promising a lower-cost rebuild, confirm the applicable option with the building official. For an application already submitted or a permit already issued, ask whether a revision or resubmittal is needed.
  5. All other permit and safety rules remain: This is a limited energy-code exception, not a waiver of building permits, inspections, or independently applicable structural, fire, mechanical, and other life-safety requirements.

Builder Guidance

Do not assume the relief is available immediately. Do not advertise, price, or contract for a rebuild based on the 2015 energy code or the two-credit reduction until the local building department confirms in writing that the option applies to that specific project. Continue normal recovery and permitting coordination in the meantime.
SHBA has advocated throughout this process for practical, affordable rebuilding options that preserve applicable health and life-safety protections. We will continue working with state and local officials to clarify implementation and will share confirmed guidance with members as it becomes available.

How to Stay Connected

Want to take a closer look at the SBCC decision and what it could mean for rebuilding projects? Join the SHBA Regional Codes Group for a more detailed discussion of the approved language, implementation questions, and other regional code issues.

Next Meeting: Wednesday, November 4, 2026 | 1:30–3:00 p.m.
Location: SHBA Boardroom | 5813 E. 4th Ave., Suite 201

SHBA members interested in attending or getting more involved with the Codes Group are encouraged to join us.

Like always, if you have any questions, comments, concerns, or clarifications please don't hesitate to contact us!

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