Affordable housing/exemption

AN ACT Relating to an exemption for affordable housing; amending 1
RCW 19.27A.080; reenacting and amending RCW 19.27.015; adding a new 2
section to chapter 19.27 RCW; adding a new section to chapter 19.27A 3
RCW; and creating a new section. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that there is a 6
housing crisis in Washington state. The primary reason for that 7
crisis is a lack of affordable housing units. One reason that housing 8
units are not being built to meet demand is because of onerous 9
building codes. In order to encourage development of affordable 10
housing, the legislature finds that cities and counties may enforce 11
any of the last four iterations of the state building and energy 12
code.13
Sec. 2. RCW 19.27.015 and 2024 c 170 s 9 and 2024 c 19 s 2 are 14
each reenacted and amended to read as follows: 15
As used in this chapter: 16
(1) "Affordable housing" means residential housing that is rented 17
by a person or household whose monthly housing costs, including 18
utilities other than telephone, do not exceed 30 percent of the 19
household's monthly income. For the purposes of housing intended for 20
S-1430.1
SENATE BILL 5747
State of Washington 69th Legislature 2025 Regular Session
By Senators J. Wilson and Christian
Read first time 02/13/25. Referred to Committee on Housing.
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owner occupancy, "affordable housing" means residential housing that 1
is within the means of low or moderate-income households.2
(2) "Agricultural structure" means a structure designed and 3
constructed to house farm implements, hay, grain, poultry, livestock, 4
or other horticultural products. This structure may not be a place of 5
human habitation or a place of employment where agricultural products 6
are processed, treated, or packaged, nor may it be a place used by 7
the public. 8
(((2))) (3) "Approval," "approved," or "adopted," unless 9
otherwise defined or otherwise indicated by context, means an 10
affirmative vote by a majority of voting members of the council, 11
committee, or advisory group present at the time of the vote.12
(((3))) (4) "City" means a city or town. 13
(((4))) (5) "Commercial building permit" means a building permit 14
issued by a city or a county to construct, enlarge, alter, repair, 15
move, demolish, or change the occupancy of any building not covered 16
by a residential building permit. 17
(((5))) (6) "Emergency statewide amendment" means any proposed 18
statewide amendment meeting the criteria in RCW 34.05.350. A rule 19
shall be considered an emergency rule if the council, for good cause, 20
finds that immediate adoption or amendment of a rule is necessary for 21
the preservation of the public health, safety, or general welfare, 22
and that observing the time requirements of notice and opportunity to 23
comment upon adoption of a permanent rule would be contrary to public 24
interest. 25
(((6))) (7) "Low and moderate-income households" means households 26
earning 80 percent or less of the median income for a locality.27
(8) "Model codes" means the codes developed by the model code 28
organizations and adopted by reference in RCW 19.27.031.29
(((7))) (9) "Model code organizations" means the national code-30
adopting organizations that develop the model codes, as defined in 31
this section, such as the international code council, international 32
association of plumbing and mechanical officials, and national fire 33
protection association. 34
(((8))) (10) "Multifamily residential building" means common wall 35
residential buildings that consist of four or fewer units, that do 36
not exceed two stories in height, that are less than 5,000 square 37
feet in area, and that have a one-hour fire-resistive occupancy 38
separation between units. 39
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(((9))) (11) "Off-cycle amendments" means amendments to the state 1
building code outside of the three-year state building code adoption 2
cycle. 3
(((10))) (12) "Residential building permit" means a building 4
permit issued by a city or a county to construct, enlarge, alter, 5
repair, move, demolish, or change the occupancy of any building 6
containing only dwelling units used for independent living of one or 7
more persons including permanent provisions for living, sleeping, 8
eating, cooking, and sanitation, and structures accessory to dwelling 9
units, such as detached garages and storage buildings.10
(((11))) (13) "State building code" means the codes adopted and 11
amended by the council as follows: 12
(a) The codes referenced in this chapter; 13
(b) The state energy code referenced in chapter 19.27A RCW; and14
(c) Any other codes so designated by the Washington state 15
legislature as adopted and amended by the council.16
(((12))) (14) "State building code adoption cycle" means that 17
period during which the state building code is adopted, updated, and 18
amended by the council. 19
(((13))) (15) "Statewide amendment" means any amendment to the 20
state building code initiated through council action or by petition 21
to the council from any agency, city, county, or interested 22
individual or organization, that would have the effect of amending 23
the state building code for the entire state of Washington. A 24
statewide amendment may have a regional effect. 25
(((14))) (16) "Temporary growing structure" means a structure 26
that has the roof covered with polyethylene, polyvinyl, or similar 27
flexible synthetic material and is used to provide plants with either 28
frost protection or increased heat retention. 29
Sec. 3. RCW 19.27A.080 and 1995 c 343 s 2 are each amended to 30
read as follows: 31
Unless the context clearly requires otherwise, the definitions in 32
this section apply throughout RCW 19.27A.080 through 19.27A.120.33
(1) "Portable oil-fueled heater" means any nonflue-connected, 34
self-contained, self-supporting, oil-fueled, heating appliance 35
equipped with an integral reservoir, designed to be carried from one 36
location to another. 37
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(2) "Oil" means any liquid fuel with a flash point of greater 1
than one hundred degrees Fahrenheit, including but not limited to 2
kerosene. 3
(3) "Listed" means any portable oil-fueled heater which has been 4
evaluated in accordance with the Underwriters Laboratories, Inc. 5
standard for portable oil-fueled heaters or an equivalent standard 6
and with respect to reasonably foreseeable hazards to life and 7
property by a nationally recognized testing or inspection agency, 8
such as Underwriters Laboratories, Inc., and which has been 9
authorized as being reasonably safe for its specific purpose and 10
shown in a list published by such agency and/or bears the mark, name, 11
and/or symbol of such agency as indication that it has been so 12
authorized. Such evaluation shall include but not be limited to 13
evaluation of the requirements hereinafter set forth.14
(4) "Approved" means any listed portable oil-fueled heater which 15
is deemed approved if it satisfies the requirements set forth herein 16
or adopted under RCW 19.27A.080 through 19.27A.120 and if the 17
supplier certifies to the authority having jurisdiction over the sale 18
and use of the heater that it is listed and in compliance with RCW 19
19.27A.080 through 19.27A.120. 20
(5) "Structure" means any building or completed construction of 21
any kind included in state building code groups M, R-1, R-3, B, F, 22
S-1, S-2, and U occupancies, except sleeping rooms and bathrooms: 23
PROVIDED, HOWEVER, That in B, M, and S-1 occupancies, approved 24
portable oil-fueled heaters shall only be used under permit of the 25
fire chief. 26
(6) "Supplier" means any party offering to sell to retailers or 27
to the general public approved portable oil-fueled heaters.28
(7) "Affordable housing" means residential housing that is rented 29
by a person or household whose monthly housing costs, including 30
utilities other than telephone, do not exceed 30 percent of the 31
household's monthly income. For the purposes of housing intended for 32
owner occupancy, "affordable housing" means residential housing that 33
is within the means of low or moderate-income households.34
(8) "Low and moderate-income households" means households earning 35
80 percent or less of the median income for a locality.36
NEW SECTION. Sec. 4. A new section is added to chapter 19.27 37
RCW to read as follows: 38
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Affordable housing projects which meet the qualifying criteria 1
established in RCW 84.14.020(1)(a)(ii)(B) may be constructed, 2
altered, or repaired according to any of the previous four building 3
code standards or the current international building code council 4
model codes. 5
NEW SECTION. Sec. 5. A new section is added to chapter 19.27A 6
RCW to read as follows: 7
Affordable housing projects which meet the qualifying criteria 8
established in RCW 84.14.020(1)(a)(ii)(B) may be constructed, 9
altered, or repaired according to any of the previous four energy 10
code standards or the current international energy conservation 11
codes. 12
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