Ordinance cements state building mandate in Lacey 

The City of Lacey adopted Ordinance 1682 to amend eight chapters of its municipal code and align it with the state of Washington’s mandated International Series of Building Codes.

The Lacey City Council acted at its meeting on Tuesday, Sept. 16, with city officials explaining the state’s adoption left the city no discretion but to incorporate the updated rules into local law. 

The new ordinance passed with one abstention on record. 

Community and Economic Development Director Vanessa Dolbee endorsed the ordinance for approval and said staff recommended passage to stay consistent with state law. 

State requirements

The building codes have been in force statewide since March 15, 2024.

The ordinance amends Lacey Municipal Code sections 14.03, 14.04, 14.05, 14.06, 14.07, 14.15, 14.16, and 14.35. 

1. Chapter 14.03.010 brings in the International Code Council (ICC) Performance Code for Buildings and Facilities. It mandates performance-based standards to design and construction, and permits alternative methods provided safety is maintained. 
2. Chapter 14.04.010 updates the International Building Code and International Residential Code. The provisions serve as the foundation for construction rules in housing and commercial projects. 
3. Chapter 14.05.010 incorporates the International Mechanical Code and International Fuel Gas Code. Both establish requirements for mechanical systems, ventilation and gas piping safety. 
4. Chapter 14.06.010 references the Uniform Plumbing Code wherein it sets plumbing requirements for water, drainage and sewers with gas piping regulations. 
5. Chapter 14.07.010 adds the International Fire Code to local amendments. The rules address prevention measures, regulate access for fire vehicles and permit controlled use of candles in services. 
6. Chapter 14.15.010 covers the International Existing Building Code. It provides conditions for construction work on existing structures so they meet present-day codes. 
7. Chapter 14.16.010 includes the International Property Maintenance Code. It specifies the minimum requirements for sanitation, safety, and integrity in occupied buildings. 
8. Chapter 14.35.010 regulates the International Swimming Pool and Spa Code wherein it defines minimum requirements for pools, spas and hot tubs to secure safe use and maintenance. 

Ordinance 1682 also contained a severability clause, authority for clerical corrections and a directive to publish a summary. 

Mayor Andy Ryder said the vote was unavoidable and had to move forward regardless of council opinion. 

“We couldn’t not adopt this ordinance. It’s sort of like a waste of our time when we know it has to be passed no matter what,” Ryder said. 

Ryder urged consideration of automatic approval for future cycles. 

Debate on discretion 

Council member Lenny Greenstein abstained from the vote and voiced strong frustration over the process. 

“Just the same comment I make every time this comes before us, I think it is absurd that we vote on something that we have no say in,” Greenstein said.  

He added, “The state mandates this. It’s going to be whether we vote on it or we don’t. It’s going to be adopted. There’s absolutely no reason for this council to have to take action on it, and the state needs to change that. And because of that, I’m going to abstain and will not vote on this.” 

City Attorney Dave Schneider countered that limited discretion exists.  He cautioned against automatic adoption language saying Lacey has previously made allowable amendments. 

“Although council is required to adopt these codes ... the council does have some discretion in amending certain areas of them, and council has done that previously,” he said. 

Ryder agreed that councils cannot weaken codes, but may choose stricter requirements. 

“We could go stricter, right in some circumstance, we couldn’t go less. And so that would be the only circumstance where we would do some changes in the future,” he said. 

Council member Carolyn Cox raised the issue of whether future councils would be bound by automatic approval language. She added that "minimizing paperwork" must be balanced against the risk of "unforeseen consequences." 

Council member Robin Vazquez characterized the vote as raising baseline standards.

“So, this is just us acknowledging that the floor is moving. Yeah, we could go higher than the floor. We can create more stringent requirements, but we are acknowledging that the floor has moved,” Vazquez said. 

Deputy Mayor Malcolm Miller pointed to cases where Lacey has gone further, citing tree canopy coverage requirements. He suggested mandated code adoptions might be placed on the consent agenda. 

Ryder warned that state-mandated standards affect affordability. 

“Sometimes I feel these codes come down and they’re making it more expensive to do some of the things that we’re trying to do in our communities,” he said. 

He also noted cities only gain influence by serving on the state Building Code Council or the International Code Council. 

Schneider confirmed the next code cycle is approaching and assured the council that staff would prepare uniform language for consistency and efficiency.