Building codes

AN ACT Relating to incentivizing affordable and sustainable 1
building practices through building code and development regulation 2
reform; amending RCW 35.21.990, 35A.21.440, 36.70A.620, and 3
19.27.042; and adding new sections to chapter 36.70A RCW.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. A new section is added to chapter 36.70A 6
RCW to read as follows: 7
(1) A city or county planning under RCW 36.70A.040 must allow for 8
the following: 9
(a) For retrofits of existing buildings to be used for 10
residential housing: 11
(i) The portion of exterior wall assemblies that includes 12
insulation must be allowed to project up to an additional eight 13
inches into the setbacks on all sides; 14
(ii) The building must be allowed to exceed the maximum allowable 15
roof height by eight inches to accommodate additional insulation; and16
(iii) Gross floor area must be measured from the interior face of 17
the exterior walls, which includes drywall, as typically depicted on 18
the architectural floor plans. 19
(b) For existing nonconforming buildings already projecting into 20
setbacks, the portion of exterior wall assemblies that include 21
H-0334.2
HOUSE BILL 1183
State of Washington 69th Legislature 2025 Regular Session
By Representatives Duerr, Leavitt, Berry, Parshley, Reed, Ryu,
Fitzgibbon, Taylor, Doglio, Berg, and Davis
Prefiled 01/07/25. Read first time 01/13/25. Referred to Committee
on Local Government.
p. 1 HB 1183
insulation must be allowed to project up to an additional eight 1
inches into the setbacks on all sides if the building is to be used 2
for residential housing. 3
(2) Nothing in this section prohibits a city or county from 4
applying the requirements of the state building code.5
NEW SECTION. Sec. 2. A new section is added to chapter 36.70A 6
RCW to read as follows: 7
(1) For new construction or the retrofit of existing buildings 8
meeting passive house requirements, a city or county planning under 9
RCW 36.70A.040 must allow for the following: 10
(a) Any required setback must be measured to the outside face of 11
the foundation, and the portion of exterior wall assemblies that 12
include insulation must be allowed to project up to eight inches into 13
setbacks on all sides; 14
(b) The building must be allowed to exceed the maximum allowable 15
roof height by eight inches to accommodate additional insulation; and16
(c) Gross floor area must be measured from the interior face of 17
the exterior walls, which includes drywall, as typically depicted on 18
the architectural floor plans. 19
(2) For the purposes of this section, "passive house 20
requirements" means the criteria for certification as a passive house 21
by Phius or the international passive house institute.22
(3) Nothing in this section prohibits a city or county from 23
applying the requirements of the state building code.24
Sec. 3. RCW 35.21.990 and 2023 c 285 s 2 are each amended to 25
read as follows: 26
(1)(a) Cities must adopt or amend by ordinance, and incorporate 27
into their development regulations, zoning regulations, and other 28
official controls the requirements of subsection (2) of this section 29
for buildings that are zoned for commercial or mixed use no later 30
than six months after its next periodic comprehensive plan update 31
required under RCW 36.70A.130. 32
(b) The requirements of subsection (2) of this section apply and 33
take effect in any city that has not adopted or amended ordinances, 34
regulations, or other official controls as required under this 35
section by the timeline in (a) of this subsection and supersede, 36
preempt, and invalidate any conflicting local development 37
regulations. 38
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(2) Through ordinances, development regulations, zoning 1
regulations, or other official controls as required under subsection 2
(1) of this section, cities may not: 3
(a) Impose a restriction on housing unit density that prevents 4
the addition of housing units at a density up to 50 percent more than 5
what is allowed in the underlying zone if constructed entirely within 6
an existing building envelope in a building located within a zone 7
that permits multifamily housing, provided that generally applicable 8
health and safety standards, including but not limited to building 9
code standards and fire and life safety standards, can be met within 10
the building; 11
(b) Impose parking requirements on the addition of dwelling units 12
or living units added within an existing building, however, cities 13
may require the retention of existing parking that is required to 14
satisfy existing residential parking requirements under local laws 15
and for nonresidential uses that remain after the new units are 16
added; 17
(c) With the exception of emergency housing and transitional 18
housing uses, impose permitting requirements on the use of an 19
existing building for residential purposes beyond those requirements 20
generally applicable to all residential development within the 21
building's zone; 22
(d) Impose design standard requirements, including setbacks, lot 23
coverage, and floor area ratio requirements, on the use of an 24
existing building for residential purposes beyond those requirements 25
generally applicable to all residential development within the 26
building's zone, except as provided in sections 1 and 2 of this act;27
(e) Impose exterior design or architectural requirements on the 28
residential use of an existing building beyond those necessary for 29
health and safety of the use of the interior of the building or to 30
preserve character-defining streetscapes, unless the building is a 31
designated landmark or is within a historic district established 32
through a local preservation ordinance; 33
(f) Prohibit the addition of housing units in any specific part 34
of a building except ground floor commercial or retail that is along 35
a major pedestrian corridor as defined by each city, unless the 36
addition of the units would violate applicable building codes or 37
health and safety standards; 38
(g) Require unchanged portions of an existing building used for 39
residential purposes to meet the current energy code solely because 40
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of the addition of new dwelling units within the building, however, 1
if any portion of an existing building is converted to new dwelling 2
units, each of those new units must meet the requirements of the 3
current energy code; 4
(h) Deny a building permit application for the addition of 5
housing units within an existing building due to nonconformity 6
regarding parking, height, setbacks, elevator size for gurney 7
transport, or modulation, unless the city official with decision-8
making authority makes written findings that the nonconformity is 9
causing a significant detriment to the surrounding area; or10
(i) Require a transportation concurrency study under RCW 11
36.70A.070 or an environmental study under chapter 43.21C RCW based 12
on the addition of residential units within an existing building.13
(3) Nothing in this section requires a city to approve a building 14
permit application for the addition of housing units constructed 15
entirely within an existing building envelope in a building located 16
within a zone that permits multifamily housing in cases in which the 17
building cannot satisfy life safety standards. 18
(4) For the purpose of this section, "existing building" means a 19
building that received a certificate of occupancy at least three 20
years prior to the permit application to add housing units.21
Sec. 4. RCW 35A.21.440 and 2023 c 285 s 1 are each amended to 22
read as follows: 23
(1)(a) Code cities must adopt or amend by ordinance, and 24
incorporate into their development regulations, zoning regulations, 25
and other official controls the requirements of subsection (2) of 26
this section for buildings that are zoned for commercial or mixed use 27
no later than six months after its next periodic comprehensive plan 28
update required under RCW 36.70A.130. 29
(b) The requirements of subsection (2) of this section apply and 30
take effect in any code city that has not adopted or amended 31
ordinances, regulations, or other official controls as required under 32
this section by the timeline in (a) of this subsection and supersede, 33
preempt, and invalidate any conflicting local development 34
regulations. 35
(2) Through ordinances, development regulations, zoning 36
regulations, or other official controls as required under subsection 37
(1) of this section, code cities may not: 38
p. 4 HB 1183
(a) Impose a restriction on housing unit density that prevents 1
the addition of housing units at a density up to 50 percent more than 2
what is allowed in the underlying zone if constructed entirely within 3
an existing building envelope in a building located within a zone 4
that permits multifamily housing, provided that generally applicable 5
health and safety standards, including but not limited to building 6
code standards and fire and life safety standards, can be met within 7
the building; 8
(b) Impose parking requirements on the addition of dwelling units 9
or living units added within an existing building, however, cities 10
may require the retention of existing parking that is required to 11
satisfy existing residential parking requirements under local laws 12
and for nonresidential uses that remain after the new units are 13
added; 14
(c) With the exception of emergency housing and transitional 15
housing uses, impose permitting requirements on the use of an 16
existing building for residential purposes beyond those requirements 17
generally applicable to all residential development within the 18
building's zone; 19
(d) Impose design standard requirements, including setbacks, lot 20
coverage, and floor area ratio requirements, on the use of an 21
existing building for residential purposes beyond those requirements 22
generally applicable to all residential development within the 23
building's zone, except as provided in sections 1 and 2 of this act;24
(e) Impose exterior design or architectural requirements on the 25
residential use of an existing building beyond those necessary for 26
health and safety of the use of the interior of the building or to 27
preserve character-defining streetscapes, unless the building is a 28
designated landmark or is within a historic district established 29
through a local preservation ordinance; 30
(f) Prohibit the addition of housing units in any specific part 31
of a building except ground floor commercial or retail that is along 32
a major pedestrian corridor as defined by the code city, unless the 33
addition of the units would violate applicable building codes or 34
health and safety standards; 35
(g) Require unchanged portions of an existing building used for 36
residential purposes to meet the current energy code solely because 37
of the addition of new dwelling units within the building, however, 38
if any portion of an existing building is converted to new dwelling 39
p. 5 HB 1183
units, each of those new units must meet the requirements of the 1
current energy code; 2
(h) Deny a building permit application for the addition of 3
housing units within an existing building due to nonconformity 4
regarding parking, height, setbacks, elevator size for gurney 5
transport, or modulation, unless the code city official with 6
decision-making authority makes written findings that the 7
nonconformity is causing a significant detriment to the surrounding 8
area; or 9
(i) Require a transportation concurrency study under RCW 10
36.70A.070 or an environmental study under chapter 43.21C RCW based 11
on the addition of residential units within an existing building.12
(3) Nothing in this section requires a code city to approve a 13
building permit application for the addition of housing units 14
constructed entirely within an existing building envelope in a 15
building located within a zone that permits multifamily housing in 16
cases in which the building cannot satisfy life safety standards.17
(4) For the purpose of this section, "existing building" means a 18
building that received a certificate of occupancy at least three 19
years prior to the permit application to add housing units.20
NEW SECTION. Sec. 5. A new section is added to chapter 36.70A 21
RCW to read as follows: 22
(1) A city or county planning under RCW 36.70A.040 must allow a 23
building to exceed any maximum allowable roof height limits by at 24
least 48 inches to accommodate a roof-mounted solar energy panel.25
(2) For purposes of this section, "solar energy panel" means a 26
panel device or system or combination of panel devices or systems 27
that relies on direct sunlight as an energy source, including a panel 28
device or system or combination of panel devices or systems that 29
collects sunlight for use in: 30
(a) The heating or cooling of a structure or building;31
(b) The heating or pumping of water; 32
(c) Industrial, commercial, or agricultural processes; or33
(d) The generation of electricity. 34
(3) Nothing in this section prohibits a city or county from 35
applying the requirements of the state building code.36
NEW SECTION. Sec. 6. A new section is added to chapter 36.70A 37
RCW to read as follows: 38
p. 6 HB 1183
(1) A city or county planning under RCW 36.70A.040 may not 1
require façade modulation or upper-level setbacks as a condition of 2
permitting the following types of residential projects:3
(a) Affordable housing; 4
(b) New construction meeting passive house requirements;5
(c) The retrofit of existing buildings meeting passive house 6
requirements; 7
(d) The conversion of existing buildings to housing or mixed-use 8
development that includes housing; 9
(e) Modular construction; or 10
(f) Mass timber construction. 11
(2) For the purposes of this section: 12
(a) "Façade modulation" means a change in building plane, either 13
a recess or a projection, that changes the shape of the exterior 14
massing of the building. 15
(b) "Mass timber construction" means a building with structural 16
components primarily made of mass timber products as defined in RCW 17
19.27.570. 18
(c) "Modular construction" means a multistory residential or 19
commercial building constructed of standardized components produced 20
off-site, which are transported and assembled at a final location.21
(d) "Passive house requirements" means the criteria for 22
certification as a passive house by Phius or the international 23
passive house institute. 24
(e) "Upper-level setback" means a required distance between the 25
lot line and the building façade applied only to portions of the 26
building above a specified height. 27
NEW SECTION. Sec. 7. A new section is added to chapter 36.70A 28
RCW to read as follows: 29
(1) Except as provided in subsection (2) of this section, a city 30
or county planning under RCW 36.70A.040 may not require off-street 31
parking as a condition of permitting the following types of 32
residential projects: 33
(a) Affordable housing; 34
(b) New construction or the retrofit of existing buildings 35
meeting passive house requirements; 36
(c) Modular construction; or 37
(d) Mass timber construction. 38
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(2) A city or county may require off-street parking if the 1
jurisdiction submits to the department of commerce an empirical study 2
prepared by a credentialed transportation or land use planning expert 3
that clearly demonstrates, and the department finds and certifies, 4
that the application of the parking limitations in subsection (1) of 5
this section will be significantly less safe for vehicle drivers or 6
passengers, pedestrians, or bicyclists than if the jurisdiction's 7
parking requirements were applied. The department must develop 8
guidance to assist cities and counties on items to include in the 9
study. 10
(3) For the purposes of this section: 11
(a) "Mass timber construction" means a building with structural 12
components primarily made of mass timber products as defined in RCW 13
19.27.570. 14
(b) "Modular construction" means a multistory residential 15
building constructed of standardized components produced off-site, 16
which are transported and assembled at a final location.17
(c) "Passive house requirements" means the criteria for 18
certification as a passive house by Phius or the international 19
passive house institute. 20
Sec. 8. RCW 36.70A.620 and 2020 c 173 s 3 are each amended to 21
read as follows: 22
In counties and cities planning under RCW 36.70A.040, minimum 23
residential parking requirements mandated by municipal zoning 24
ordinances for housing units constructed after July 1, 2019, are 25
subject to the following requirements: 26
(1) ((For housing units that are affordable to very low-income or 27
extremely low-income individuals and that are located within one-28
quarter mile of a transit stop that receives transit service at least 29
two times per hour for twelve or more hours per day, minimum 30
residential parking requirements may be no greater than one parking 31
space per bedroom or .75 space per unit. A city may require a 32
developer to record a covenant that prohibits the rental of a unit 33
subject to this parking restriction for any purpose other than 34
providing for housing for very low-income or extremely low-income 35
individuals. The covenant must address price restrictions and 36
household income limits and policies if the property is converted to 37
a use other than for low-income housing. A city may establish a 38
requirement for the provision of more than one parking space per 39
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bedroom or .75 space per unit if the jurisdiction has determined a 1
particular housing unit to be in an area with a lack of access to 2
street parking capacity, physical space impediments, or other reasons 3
supported by evidence that would make on-street parking infeasible 4
for the unit. 5
(2))) For housing units that are specifically for seniors or 6
people with disabilities, that are located within one-quarter mile of 7
a transit stop that receives transit service at least four times per 8
hour for twelve or more hours per day, a city may not impose minimum 9
residential parking requirements for the residents of such housing 10
units, subject to the exceptions provided in this subsection. A city 11
may establish parking requirements for staff and visitors of such 12
housing units. A city may establish a requirement for the provision 13
of one or more parking space per bedroom if the jurisdiction has 14
determined a particular housing unit to be in an area with a lack of 15
access to street parking capacity, physical space impediments, or 16
other reasons supported by evidence that would make on-street parking 17
infeasible for the unit. A city may require a developer to record a 18
covenant that prohibits the rental of a unit subject to this parking 19
restriction for any purpose other than providing for housing for 20
seniors or people with disabilities. 21
(((3))) (2) For market rate multifamily housing units that are 22
located within one-quarter mile of a transit stop that receives 23
transit service from at least one route that provides service at 24
least four times per hour for twelve or more hours per day, minimum 25
residential parking requirements may be no greater than one parking 26
space per bedroom or .75 space per unit. A city or county may 27
establish a requirement for the provision of more than one parking 28
space per bedroom or .75 space per unit if the jurisdiction has 29
determined a particular housing unit to be in an area with a lack of 30
access to street parking capacity, physical space impediments, or 31
other reasons supported by evidence that would make on-street parking 32
infeasible for the unit. 33
Sec. 9. RCW 19.27.042 and 2023 c 47 s 1 are each amended to read 34
as follows: 35
(1) Effective January 1, 1992, the legislative authorities of 36
cities and counties may adopt an ordinance or resolution to exempt 37
from state building code requirements buildings whose character of 38
use or occupancy has been changed in order to provide housing for 39
p. 9 HB 1183
indigent persons. The ordinance or resolution allowing the exemption 1
shall include the following conditions: 2
(a) The exemption is limited to existing buildings located in 3
this state; 4
(b) Any code deficiencies to be exempted pose no threat to human 5
life, health, or safety; 6
(c) The building or buildings exempted under this section are 7
owned or administered by a public agency or nonprofit corporation; 8
and 9
(d) The exemption is authorized for no more than five years on 10
any given building. An exemption for a building may be renewed if the 11
requirements of this section are met for each renewal.12
(2) By January 1, 1992, the state building code council shall 13
adopt, by rule, guidelines for cities and counties exempting 14
buildings under subsection (1) of this section. 15
(3) By July 1, 2026, the state building code council shall adopt, 16
by rule, standards for temporary emergency shelters and make them 17
available for local adoption. 18
(4) By March 31, 2026, the state building code council shall 19
adopt, by rule, standards for cities and counties to allow all 20
passenger and freight elevators to meet the most current version of 21
global safety and related standards or, in the alternative, the 22
current north American standards, and standards for cities and 23
counties to allow passenger elevators no larger than those that 24
accommodate a wheelchair for apartment buildings with at most six 25
stories and at most 24 units in total.26
NEW SECTION. Sec. 10. A new section is added to chapter 36.70A 27
RCW to read as follows: 28
(1) Cities and counties planning under RCW 36.70A.040 may not 29
require affordable housing units for low-income or very low-income 30
households, regardless of the unit mix and size of the project, to 31
exceed the following sizes: 32
(a) 400 square feet for a studio unit; 33
(b) 550 square feet for a one-bedroom unit; 34
(c) 750 square feet for a two-bedroom unit; and35
(d) 1,000 square feet for a three-bedroom unit.36
(2) If the average unit size in the project is smaller than the 37
size requirements in this section, the city must allow the affordable 38
housing units to be of a comparable size as the market rate units.39
p. 10 HB 1183
(3) Co-living housing units are subject to the provisions of RCW 1
36.70A.535. 2
(4) This section does not apply to low-income housing developed 3
under an affordable housing incentive program as provided in RCW 4
36.70A.540. 5
(5) The department must design and make publicly available sample 6
floor plans for units meeting the size requirements of subsection (1) 7
of this section. 8
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