Low-rise res. buildings

AN ACT Relating to performance-based building codes for low-rise 1
residential buildings; creating a new section; and adding a new 2
section to chapter 19.27 RCW. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature finds that Washington 5
faces an ongoing shortage of low-rise residential buildings and that 6
existing building code compliance pathways are largely prescriptive 7
or applied on a project-by-project basis, increasing permitting 8
uncertainty, limiting innovation, and constraining the ability to 9
scale housing production. Performance-based building codes are 10
effectively used nationally and internationally to address structural 11
design, fire and life safety, egress, durability, and other core 12
building functions, enabling repeatable approvals and industrialized 13
housing delivery. Washington currently lacks a comparable, system-14
level performance-based compliance pathway under the international 15
building code for low-rise residential buildings.16
The legislature further finds that establishing a codified 17
performance-based compliance pathway for low-rise residential 18
buildings can reduce regulatory friction, improve permitting 19
predictability, and support off-site manufacturing and industrialized 20
construction. By allowing housing systems and building plans to 21
H-2835.1
HOUSE BILL 2381
State of Washington 69th Legislature 2026 Regular Session
By Representatives Duerr, Bernbaum, Ramel, Reed, Parshley, and Kloba
Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
on Local Government.
p. 1 HB 2381
demonstrate compliance based on measured performance rather than 1
prescribed methods, such a pathway can enable reuse of approved 2
designs across jurisdictions, support manufacturing at scale, and 3
help reduce the cost of housing delivery while maintaining 4
appropriate health, safety, and welfare protections.5
The legislature additionally finds that a unified performance-6
based approach can provide a foundation for aligning building code 7
compliance with existing performance-based energy efficiency and 8
emissions programs, including opportunities to streamline energy code 9
compliance and integrate operational energy efficiency and whole life 10
carbon considerations, including embodied carbon. 11
It is therefore the objective of the legislature to facilitate 12
increased housing production and predictability by directing the 13
development of a state-approved performance-based housing system and 14
plan certification pathway for low-rise residential buildings.15
NEW SECTION. Sec. 2. A new section is added to chapter 19.27 16
RCW to read as follows: 17
(1) The state building code council shall adopt, by rule, a 18
mandatory appendix to the international building code to establish a 19
performance-based code compliance pathway for low-rise residential 20
buildings with residential occupancy. The appendix shall apply to 21
buildings of one to six stories above grade plane that are not 22
classified as high-rise buildings under international building code, 23
section 202. 24
(2) In developing the appendix required under subsection (1) of 25
this section, the council shall convene a technical advisory group 26
for the purpose of recommending performance-based code amendments. 27
The advisory group shall include subject matter experts and 28
appropriate state agencies, including the department of labor and 29
industries, the department of commerce, the University of Washington, 30
and Washington State University. 31
(3) The advisory group shall develop and recommend performance 32
criteria categories and targets for building systems, subsystems, 33
components, products, and materials. In developing its 34
recommendations, the advisory group shall consider existing and 35
emerging nationally recognized standards and certification 36
frameworks, including system-level housing performance and 37
certification efforts developed or sponsored by the national 38
institute of building sciences. 39
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(4) In adopting rules under this section, the council shall 1
ensure that the performance-based compliance pathway supports 2
integrated and harmonized compliance across the international 3
building code, the Washington state energy codes, and rules 4
addressing building-related greenhouse gas emissions, including both 5
operational energy emissions and emissions associated with building 6
materials. The council shall provide for a performance-based approach 7
that allows coordinated compliance using whole-building or system-8
level metrics, to the extent practicable and consistent with existing 9
statutory authority. The approach shall function as an alternative to 10
separate prescriptive compliance pathways otherwise applicable and 11
shall avoid duplicative compliance submittals and reviews.12
(5) The council shall adopt rules establishing criteria under 13
which housing systems and plan certifications issued by independent, 14
nationally recognized third-party evaluation or certification 15
organizations may be recognized for purposes of demonstrating 16
compliance with the state building code. A housing system or plan 17
certification recognized under this section shall be deemed to 18
demonstrate compliance with the applicable provisions of the state 19
building code and shall be accepted by local authorities having 20
jurisdiction for purposes of permit review and inspection within the 21
scope of the certification. 22
(6) The advisory group shall provide its recommendations to the 23
council in time for the council to adopt or amend rules and codes as 24
necessary for implementation in the first substantive code update to 25
the state building code, as provided for in RCW 19.27.031 and 26
19.27.032, occurring after January 1, 2027. 27
(7) For the purposes of this section, the following definitions 28
apply: 29
(a) "Low-rise residential building" means a building with 30
residential occupancy containing from one to 24 dwelling units, 31
including detached, attached, stacked, or clustered housing types.32
(b) "Performance-based code" means a regulatory framework that 33
establishes measurable performance objectives for buildings, building 34
systems, or building elements, without prescribing specific 35
materials, assemblies, or construction methods, and that allows 36
compliance to be demonstrated through engineering analysis, testing, 37
certification, modeling, or other approved evaluation methods. A 38
performance-based code may include prescriptive provisions but allows 39
p. 3 HB 2381
alternative compliance pathways that achieve equivalent or superior 1
performance. 2
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p. 4 HB 2381