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Real Property & Development Review

BIAW Sues To Block Parts of New Energy Code

Posted in Construction

Amendments to the Washington Energy Code were to go into effect July 1, 2010. On May 25, 2010, however, the Building Industry Association of Washington (BIAW) brought suit in federal court in Seattle, arguing that federal law preempts Code amendments that impose requirements that exceed those established by federal statutes. A copy of BIAW’s complaint can be viewed here: Download file On June 8, 2010, Governor Gregoire asked the Washington State Building Code Council to delay implementation of the Code amendments for nine months. The Governor’s request was not based upon the BIAW lawsuit, but upon a desire not to impose new burdens on the construction industry at a time of economic fragility. The SBCC posted the Governor’s letter here: http://sbcc.wa.gov/File.ashx?cid=953 The SBCC must still act upon the request.