Code committee recommends Council decline emergency rule and issue opinion clarifying local inspection authority for food trucks
June 17, 2026 | Building Code Council, Governor's Office - Boards & Commissions, Executive, Washington
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The Building, Fire, Residential and WUI Code Committee recommended to the State Building Code Council that it not find an emergency in a petition seeking emergency rulemaking on IFC Section 319.10.3 and that the Council issue a staff opinion clarifying local authority on inspection methods for LP systems on mobile food preparation vehicles.
Dustin Curb, SBCC managing director, told the committee the petition concerned whether code or fire officials can accept alternative, locally approved inspection methods for liquefied petroleum (LP) systems on food trucks rather than the specific tests listed in the state fire marshal’s food-truck inspection checklist. "The checklist is guidance; the code requires an approved inspection agency, and 'approved' means acceptable to the fire code official," Curb said.
Committee members agreed the draft opinion reiterates long-standing authority at the local level. "I like what you did here, because it just reiterates what we talked about in the last meeting," said Dan Young, who served as chair pro tem. Micah raised a procedural concern, noting a statutory provision about who may file an opinion request: "Per the RCW, 19.27.031, the only person that can request this interpretation are those that are required to enforce the code," he said, and recommended a sponsoring fire code official if needed.
Committee members and staff discussed terminology (whether to reference "fire code official" or broader "code official") and emphasized that the state checklist is not itself the code. Dustin Curb said staff prepared a draft opinion and the committee’s role was to advise whether that opinion should be the Council’s response to the petition.
Scott Bastiani moved that the committee recommend the Council not find an emergency and that it respond to the petition by issuing the staff opinion clarifying that local officials may approve alternative inspection methods; the motion was seconded and passed with no opposition declared.
The committee’s recommendation will be presented to the full State Building Code Council at its next meeting.
Dustin Curb, SBCC managing director, told the committee the petition concerned whether code or fire officials can accept alternative, locally approved inspection methods for liquefied petroleum (LP) systems on food trucks rather than the specific tests listed in the state fire marshal’s food-truck inspection checklist. "The checklist is guidance; the code requires an approved inspection agency, and 'approved' means acceptable to the fire code official," Curb said.
Committee members agreed the draft opinion reiterates long-standing authority at the local level. "I like what you did here, because it just reiterates what we talked about in the last meeting," said Dan Young, who served as chair pro tem. Micah raised a procedural concern, noting a statutory provision about who may file an opinion request: "Per the RCW, 19.27.031, the only person that can request this interpretation are those that are required to enforce the code," he said, and recommended a sponsoring fire code official if needed.
Committee members and staff discussed terminology (whether to reference "fire code official" or broader "code official") and emphasized that the state checklist is not itself the code. Dustin Curb said staff prepared a draft opinion and the committee’s role was to advise whether that opinion should be the Council’s response to the petition.
Scott Bastiani moved that the committee recommend the Council not find an emergency and that it respond to the petition by issuing the staff opinion clarifying that local officials may approve alternative inspection methods; the motion was seconded and passed with no opposition declared.
The committee’s recommendation will be presented to the full State Building Code Council at its next meeting.
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