If you build homes in eastern Washington, a rebuild job from this summer's fires may already be on your desk. Which code you'll build it to is still up in the air, and the folks who write the codes are trying to settle that soon.
Gov. Bob Ferguson is leaning on the Washington State Building Code Council to let owners rebuild homes lost to the 2026 wildfires under older, less demanding residential energy codes. Jerry Cornfield laid out the back-and-forth in a Washington State Standard report.
What the governor is asking for
Ferguson issued an emergency proclamation in August telling the council to find state laws, rules or code requirements that "may be waived or suspended" if strict enforcement would get in the way of replacing nearly 700 homes lost in the blazes. Most were around Spokane.
In an Oct. 8 letter, he went further. He asked the council to adopt an emergency rule so owners of homes built before 2015 could rebuild under the 2015 energy code. Owners of homes built after 2015 could rebuild to whatever energy code was in effect when the house first went up.
"Newer building codes can increase construction costs and create delays as builders, designers and permitting staff adapt to new requirements," Ferguson wrote. For families trying to get home, he said, those costs and delays "can be significant barriers."
Pam Stone, the governor's senior housing adviser, told the council the break would only go to people who owned the home when the fire hit. If a lot is sold, the new owner builds to current code. "This is targeted relief. This is not a rollback," she said.
Why the council is hesitant
The council met Oct. 16 for the first time since getting the letter. Members said they want to help, but some worried that waiving code standards sets a precedent with broad, unintended consequences. There's also a timing problem in state law: an emergency rule lasts only 120 days, and many owners won't be ready that fast.
Then there's the heat pump fight. Code changes made since 2015 push new homes toward electric heat pumps instead of natural gas furnaces, an idea widely disfavored on the east side of the state. Several people at the meeting said owners might not rebuild at all if they had to put in a heat pump.
Rep. Suzanne Schmidt, R-Spokane Valley, and Sen. Shelly Short, R-Addy, backed the governor in a letter to the council. Schmidt said most of the roughly 700 structures lost were 40 to 60 years old, so even a rebuild to the 2015 or 2018 code would beat what was there. "We're still improving on what existed prior to the fires," she said.
The council's own Sept. 9 report was cool to the idea of waiving a specific code provision. It also pointed out that partial-loss repairs, local permitting, insurance, financing, debris removal, utilities and contractor availability may touch more households than any new-construction code waiver would.
The path that's taking shape
After two hours, one option came out ahead. It would amend current standards to give owners of older homes some flexibility on the energy code. It would also add language to the 2024 codes letting cities and counties work directly with owners who are rebuilding.
There's a clock on that, too. The council is in the last weeks of adopting its 2024 codes, which are set to take effect in May 2027, and it's on track to adopt them in December. Any new language needs a public hearing and a vote soon. Dustin Curb, the council's managing director, wants a permanent pathway that could serve future disasters, too.
The council is aiming to act by the end of the month. Its posted meeting calendar shows an Ad-Hoc Wildfire Response Committee meeting on Oct. 21 and a full council meeting on Oct. 30.
Why it matters for Contractors
If you're bidding fire rebuilds around Spokane, the energy code you price against could change in the next few weeks, and it may depend on whether your client owned the house when it burned. Hold off on locking in heating and envelope specs until the council acts, and watch the 120-day limit on any emergency rule. And because local governments may get more say under the 2024 codes, get to know your county or city permit office now. The council itself named contractor availability as one of the things slowing recovery, so crews who can take on this work are going to be in demand.