ADU self-certification

AN ACT Relating to establishing a self-certification program for 1
accessory dwelling unit project permit applications; adding a new 2
section to chapter 36.70A RCW; and creating a new section.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 36.70A 5
RCW to read as follows: 6
(1) Cities planning under this chapter may, in compliance with 7
the conditions set forth in subsection (2) of this section, operate a 8
self-certification program to allow for registered architects as 9
provided for in chapter 18.08 RCW to self-certify compliance with 10
applicable building code requirements for the construction or 11
development of one or more detached accessory dwelling units on a 12
residential property. If a permit application has been self-13
certified, then the city reviewing the permit application may 14
consider the application to be in compliance with applicable building 15
code requirements without the need for additional review after 16
determining that it is procedurally complete pursuant to RCW 17
36.70B.070. A permit issued after a permit review that includes a 18
self-certified component shall have the same effect as a permit 19
issued after full project permit review under chapter 36.70B RCW.20
H-0472.1
HOUSE BILL 1353
State of Washington 69th Legislature 2025 Regular Session
By Representatives Ramel, Duerr, Reed, Doglio, and Nance
Read first time 01/16/25. Referred to Committee on Local Government.
p. 1 HB 1353
(2) Any self-certification program must comply with rules to be 1
promulgated by the department for such programs. These rules must 2
consist of, at a minimum: 3
(a) Any professional requirements, other than the registration 4
required in subsection (1) of this section, that must be met in order 5
for an architect to qualify for the self-certification program;6
(b) Requirements for random audits of self-certified program 7
permit applications to ensure that submissions are satisfying 8
applicable building code requirements, including a requirement that a 9
minimum of five percent of submissions within a calendar year be 10
audited, and an allowance for the city operating the program to 11
conduct additional nonrandom audits as the city deems necessary;12
(c) Penalties for project permits that fail an audit, including 13
any appropriate financial penalties and a requirement that an 14
architect who has submitted an application that has failed an audit 15
be temporarily prohibited from participating in the self-16
certification program for a period of not less than one year and that 17
the submission of a second application that fails an audit within 18
five years of a preceding submission that failed an audit will result 19
in a permanent prohibition on participation in the self-certification 20
program, and provisions for administrative hearing procedures to 21
resolve any disputes over the results of an audit or resulting 22
penalties; 23
(d) Requirements for the maintenance of an appropriate level of 24
professional liability insurance coverage in order to participate in 25
the program. 26
(3) The department shall create a standard self-certification 27
form that cities may use or modify at their discretion that includes, 28
at a minimum: 29
(a) An attestation that the architect certifying the permit 30
application will correct any false or inaccurate statements within 31
the application as soon as they become known to the architect;32
(b) An acknowledgment that participation in the program is 33
conditional upon the accuracy of the architect's certification, and 34
that discovery of inaccuracies, insufficiencies, or errors during an 35
audit may result in suspension or termination from the self-36
certification program; 37
(c) An agreement, signed by the property owner, the owner or 38
authorized representative of the company that will construct the 39
accessory dwelling unit for which the permit has been submitted, and 40
p. 2 HB 1353
the certifying architect, to protect, defend, indemnify, and hold 1
harmless the city operating the self-certification program for any 2
claims or injuries connected with the design or construction of the 3
accessory dwelling unit for which the self-certification program 4
permit application was submitted, or for the issuance of a project 5
permit pursuant to the self-certification program; and6
(d) An acknowledgment from the property owner for whom the 7
project permit is submitted that the property owner has authorized 8
the architect to submit the self-certification project permit 9
application and that the owner has the responsibility and obligation 10
to correct, at the owner's expense, any nonconformities with the 11
applicable building code requirements within a reasonable period 12
after such nonconformities are discovered. 13
(4)(a) Cities utilizing a self-certification program must notify 14
the department whenever any penalty is imposed on an architect 15
because of a failed audit under this section. 16
(b) The department shall maintain a database that is accessible 17
to cities of architects that are currently subject to penalties 18
within a city because of a failed audit under this section. No city 19
shall accept a self-certified project permit application from an 20
architect that is currently subject to penalties because of a failed 21
audit under this section in another city. 22
(5)(a) Any city operating a self-certification program shall 23
submit an annual report on its program to the department. Each report 24
must be submitted by July 31st for the preceding calendar year. The 25
report must include, at a minimum: 26
(i) The number of projects within the city for which a self-27
certification was submitted; 28
(ii) The number of such projects for which a permit was issued;29
(iii) The average length of time, excluding any periods in which 30
the city is awaiting additional information from an applicant, in 31
which the applicant has requested that review of the application be 32
suspended, or in which an administrative appeal is pending, from 33
project permit submission for detached accessory dwelling units to 34
the issuance of the project permit within the city for both self-35
certified project permit applications and nonself-certified project 36
permit applications; and 37
(iv) The results of any audits of self-certified project permit 38
applications undertaken by the jurisdiction. 39
p. 3 HB 1353
(b) The department shall post on its website a report by December 1
31st of each year summarizing the information received from cities 2
pursuant to (a) of this subsection. 3
(6) For the purposes of this section, "building code" means the 4
state building code, the state energy code, and any local building, 5
electrical, plumbing, mechanical, or fire codes. It does not include 6
any utility connection requirements. 7
NEW SECTION. Sec. 2. Nothing in this act may be construed to 8
affect the validity of any self-certification or similar program 9
existing prior to the effective date of section 1 of this act.10
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p. 4 HB 1353