Council reviews petition from food‑truck industry on annual fuel‑gas inspections; members question emergency rule

The Washington State Building Code Council on May 29 introduced a petition from the Washington State Food Trucks Association asking the council to accept an emergency‑rule declaration and phased implementation for annual fuel‑gas inspections of mobile food preparation vehicles.

The petition concerns IFC section 319.10.3, added in the 2018 model code, which requires annual inspections of fuel‑gas systems on food trucks. Dustin, council staff, told members the petition began after 30–40 emails raised concerns that there are not enough qualified providers to meet an annual inspection requirement statewide and that the petition seeks an emergency rule to phase implementation.

Why it matters: An emergency rule would allow the council to make a temporary statewide change for up to 120 days and could be refiled or carried into permanent rulemaking, but it requires a two‑thirds council vote to find an emergency basis. Staff emphasized the council may only introduce the petition at this meeting and must take final action at a subsequent meeting.

Technical and procedural disagreements emerged. Angela Haught stressed the SBCC does not enforce code and that enforcement rests with local authorities, saying, “SBCC is not responsible for code enforcement. Our response responsibility lies with local jurisdictions.” Fire officials cautioned that code officials already have authority to approve alternatives or modifications under the fire code and that local authorities can grant practical modifications; Micah said the fire code official “has the authority to determine compliance with the code, but shall not have the effect of waiving requirements that are specifically outlined in this code,” and recommended wording that preserves the official’s duties while allowing alternatives.

From the industry and some council members, concern over provider availability and small‑business impacts was emphasized. Tom Handy said many food trucks are small operators that can’t afford to stop operating while awaiting inspections, and public commenter Larry said he believed state certification made some units ready to move between sites without repeated reinspections.

Several council members—Scott, Roger and others—said they were not yet convinced an emergency finding is warranted by the evidence presented. Roger Haringa said the published vendor list is not exhaustive and asked whether the council could produce guidance or an explanatory statement if it chooses not to declare an emergency.

Staff outlined practical outcomes the council could take at a later meeting: accept an emergency statement and adopt proposed emergency language, deny the petition and state reasons in a written response, or deny the emergency petition while indicating the issue will be addressed through the regular 2027 code cycle. Dustin noted emergency rules last 120 days and that extended adoption would require beginning the permanent rulemaking process.

Next steps: The council formally introduced the petition but took no final vote. Members directed staff to continue fact‑finding and technical review and scheduled the petition for formal consideration at a future June meeting, where the council will decide whether to make the emergency finding or pursue alternate responses.

The transcript shows a range of technical perspectives from local fire officials and industry representatives and records requests from council members for additional data and contractor input. The council did not adopt emergency language on May 29; the matter will return to the council for a decision.