OLYMPIA, Wash. — The Washington State Building Code Council voted Friday to file an emergency rule and begin expedited permanent rulemaking to resolve contractor confusion about licensing requirements for specialty fire-suppression systems, moving the relevant effective date and adding a limited exception while permanent language is completed.

The move followed public testimony by contractors and fire-protection specialists who said earlier emergency-rule filings and date changes created confusion about when new licensing requirements took effect and whether technicians who had been performing specialized work would meet the new requirements. The council approved staff’s request to refile emergency language and begin expedited permanent rulemaking; the emergency filing updates a date in WAC section 904.1.1.2 and sets a transition date (council staff indicated May 5, 2025) to align a short-term emergency rule with an expedited permanent filing.

Contractors told the council they were seeing work backlogs and unclear eligibility for projects after the prior emergency rule(s) had lapsed or been adjusted. “When you go to the website for the legislative, website regarding the WACs, it still has the effective date as 07/01/2024,” said David Kokot, a fire-protection professional who testified during the public-comment period, describing confusion over what was posted online. He said some contractors “started submitting stuff after February” and were then told they might not meet the new state requirements.

Several speakers described barriers created by the single certifying organization used by many specialty contractors. “NYSAT will not allow both of those hours at the same time. . . . They will not allow you to retroactively put those hours in,” said a Spokane-area fire-protection manager (testimony identified him as Chris), describing limits in how an outside certifier counts prior on-the-job training and how long the certifier takes to approve exam results.

SBCC staff said they were working to refile emergency and expedited rulemaking documents to avoid another lapse in enforceable language while permanent rulemaking proceeds. Legal counsel confirmed the council may adopt an emergency rule at the meeting and follow with expedited or regular rulemaking, and staff asked the council to approve filings that would change the effective date language in the existing emergency rule to a near-term date that would bridge to the expedited permanent filing.

Council members signaled they wanted to avoid imposing a gap in enforceable guidance that could strand contractors or projects; after discussion the council approved staff’s request to refile an emergency rule and initiate expedited rulemaking for the permanent change. The council’s motion authorized staff to file an emergency rule amendment (adjusting the effective date) and file the associated expedited CR-105 permanent rulemaking package.

Why it matters
Contractors and code officials said the uncertainty was causing real-world project delays and administrative confusion. The emergency filing is intended to give agencies, certifiers and practitioners a stable, short-term rule while staff finishes the expedited permanent rule text submitted for review.

What the council recorded
At the meeting the council moved and seconded the staff request and approved it by voice vote. Staff reported the emergency rule will substitute the earlier date language with the new, near-term date (staff identified May 5, 2025 as the target date for alignment) and proceed to expedited permanent rulemaking; if objections to expedited rulemaking arise the matter would revert to standard notice-and-comment procedures.

Speakers (selected)
- David Kokot (fire-protection specialist) — described contractor confusion about online WAC effective dates and consequences for contractors who submitted documents after the prior effective dates.
- “Chris” (fire-protection operations manager, Spokane) — testified about limits imposed by the certifying organization on counting prior experience and on retroactive credit for hours.
- Dustin Kerr (SBCC staff) — described staff’s plan to refile emergency and expedited permanent rulemaking documents.
- Dirk (agency legal counsel) — advised council on legal authority to act that day.
- Angela Haupt (council member) — urged action to avoid another lapse.

Authorities referenced (as stated in public comment and staff remarks)
- ordinance/regulation: "WAC 51-___.904.1.1.2" (state amendments to fire code section 904 regarding specialty contractor licensing) referenced_by ["David Kokot","Dustin Kerr"].

Clarifying details
- Emergency-rule change: staff proposed changing an effective date in the WAC for section 904.1.1.2 so the emergency filing would bridge to expedited permanent rulemaking; staff identified May 5, 2025 as the target effective date to align filings.
- Timeline: staff will (a) file the emergency-rule amendment immediately, (b) file an expedited CR-105 permanent rulemaking package, and (c) if objections to expedited rulemaking appear, revert to full notice-and-comment rulemaking.
- Practical impacts described by contractors: backlog of bids, projects put on hold, inability to count prior hours with the certifier in some cases, and long certifier review times for test approvals.

Actions
- Emergency rule filing & expedited permanent rulemaking (motion to change effective date in WAC 904.1.1.2 and file CR-105): Moved and seconded (mover recorded in meeting notes as Kjell Anderson; second Tom Handy). Outcome: Approved by voice vote; staff to file emergency amendment and expedited permanent package (CR-105). Notes: If objections to expedited procedure arise, the matter will convert to full CR-101/CR-102 process.

Provenance (transcript evidence)
- topicintro: {"block_id":"block_1071.52","local_start":0,"local_end":120,"evidence_excerpt":"David Kokot: 'I've had some, recent issues regarding the, state amendments to section 9 0 4 of the fire code. . . . When you go to the website for the legislative, website regarding the WACs, it still has the, effective date as 07/01/2024.'"}
- topfinish: {"block_id":"block_15036.945","local_start":0,"local_end":120,"evidence_excerpt":"Council: 'So moved.' 'Second.' 'All those in favor signify by saying aye.' 'Aye.' 'Any opposed? Okay.' That vote instructs staff to refile the emergency and expedited rulemaking.'"}

Discussion vs. decision
- Discussion: Contractors described confusion about online effective dates, certifier (NYS*E*D/NYSAT in testimony) constraints on counting field hours and long review times, and the administrative backlog facing local jurisdictions.
- Direction: Council authorized staff to file an emergency rule amendment changing the effective date and to submit an expedited permanent rulemaking package (CR-105). Staff to post and coordinate with the Code Reviser.
- Decision: Council approved the staff request by voice vote.

Proper_names
[{"name":"Washington State Building Code Council","type":"agency"},{"name":"NYSAT","type":"organization"},{"name":"Cascade Natural Gas","type":"business"}]

speakers:[{"name":"David Kokot","role_title":"Fire-protection specialist","affiliation_type":"business","affiliation_name":"unknown","first_reference":{"timecode":"00:17:51","transcript_line_range":[1071,1110] }},{"name":"Dustin Kerr","role_title":"SBCC staff","affiliation_type":"government","affiliation_name":"Washington State Building Code Council","first_reference":{"timecode":"00:34:00","transcript_line_range":[2080,2105]}},{"name":"Chris","role_title":"Operations manager / fire-protection specialist (Spokane)","affiliation_type":"citizen","affiliation_name":"unnamed company","first_reference":{"timecode":"00:23:34","transcript_line_range":[1411,1430]}},{"name":"Dirk","role_title":"Agency legal counsel","affiliation_type":"government","affiliation_name":"Office of the Attorney General (representing agency)","first_reference":{"timecode":"00:28:02","transcript_line_range":[1683,1696]}},{"name":"Angela Haupt","role_title":"Council member","affiliation_type":"government","affiliation_name":"Washington State Building Code Council","first_reference":{"timecode":"00:30:28","transcript_line_range":[1628,1649]}}],

salience":{"overall":0.70,"overall_justification":"This emergency action addresses contractor confusion, potential project delays and regulatory gaps; it does not create permanent policy but prevents a procedural lapse that would affect ongoing work."},

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"provenance":{"transcript_segments":[{"block_id":"block_1071.52","local_start":0,"local_end":120,"evidence_excerpt":"David Kokot: 'When you go to the website ... it still has the effective date as 07/01/2024.'","global_start":1071,"global_end":1110},{"block_id":"block_15036.945","local_start":0,"local_end":120,"evidence_excerpt":"Council: 'So moved.' 'Second.' 'All those in favor signify by saying aye.' 'Aye.' 'Any opposed? Okay.'","global_start":15036,"global_end":15048}]},

"engagement_forecast":{"newsworthiness":{"national":0.10,"regional":0.30,"local":0.70,"justification":"High local importance to contractors and code officials; lower national interest."},"notify_recommendation":{"audience":"state","reason":"Short-term regulatory action affects contractors and inspectors statewide","audience_regions":["US-WA"],"justification":"Staff and affected stakeholders should be notified immediately via SBCC channels."}},

"graph_signals":{"jurisdictions":["US-WA"],"jurisdictions_justification":"Action pertains to Washington administrative rules","ontology_topics":["licensing","emergency-rule","fire-protection"],"ontology_topics_justification":"Core subjects covered in the discussion"}