Builders Sue to Block Wash. Heat Pump Requirements
Builders in Washington are suing to block a state rule that requires the use of heat pump space and water heaters in new construction.
Builders in Washington are suing to block a state rule that requires the use of heat pump space and water heaters in new construction. | Shutterstock
A coalition of builders and other parties filed suit to revoke new state rules that ban the installation of gas-fired space and water heaters in new buildings.

A coalition of builders and other parties has filed suit to revoke new Washington rules that ban the installation of gas-fired space and water heaters in new homes and commercial buildings starting this summer.

The 22 plaintiffs filed the suit Feb. 28 in Thurston County Superior Court. They include the Building Industry Association of Washington, the Northwest Regional Council of the National Construction Alliance, the Central Washington Home Builders Association and several construction companies.

The complainants are contesting regulations the Washington State Building Code Council (SBCC) passed last year and early this year that require builders of new homes, apartments and commercial buildings to install heat pumps for both space and water heating starting July 1. The lawsuit contends that the rules exceed the legal authority of the SBCC, which is appointed by the governor.

“The Council’s sweeping prohibition on HVAC heating energy provided by fossil fuel combustion appliances and the prohibition of all but electric air-source heat pump water heating in … buildings exceeds the statutory authority of the agency,” the lawsuit says. “The rules allow no flexibility in design, construction, and effectively eliminate available heating equipment efficiencies. Furthermore, the rules will have the effect of increasing the cost of constructing and maintaining commercial buildings, which include multifamily complexes, and will not yield the lowest overall cost to the building owner or occupants as statutorily required.”

The SBCC enacted the rules after bills introduced in the Washington House to eliminate natural gas appliances for space and water heating failed in both 2021 and 2022.

Also represented in the suit are the Pacific Propane Gas Association; the Northwest Hearth, Patio & Barbecue Association; an Everett-based restaurant group; a heating and cooling installation company; an individual homeowner in Vancouver, Washington; and a landowner and “prospective building applicant.”

Space HeatingState and Local PolicyWashingtonWater Heating

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