Washington 2023-2024 Regular Session Status: Passed House Bipartisan · 13 D · 1 R cosponsors

HB 1167 — Concerning residential housing regulations.

Last action — Referred to Housing.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

153 added · 237 removed

Plain-language change summary

The bill HB 1167 was updated to refine the definition of "townhouses," now specifying that these are units constructed in a row of two or more with individual lots that share at least one wall. Additionally, it maintains the plan for a work group to recommend adjustments to building codes, focusing on ensuring safety for multiplex housing while exempting it from the more stringent international building code. These changes aim to improve clarity in housing definitions and streamline building regulations, which could potentially make it easier to construct and manage multifamily housing effectively.

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H-0857.2 SUBSTITUTE HOUSE BILL 1167 State of Washington 68th Legislature 2023 Regular Session By House Housing (originally sponsored by Representatives Duerr, Low, Walen, Reed, Bateman, Ramel, Fitzgibbon, Taylor, Macri, Gregerson, Wylie, Pollet, Kloba, and Tharinger) READ FIRST TIME 02/07/23.
H-0304.3 HOUSE BILL 1167 State of Washington 68th Legislature 2023 Regular Session By Representatives Duerr, Low, Walen, Reed, Bateman, Ramel, Fitzgibbon, Taylor, Macri, Gregerson, Wylie, Pollet, Kloba, and Tharinger Prefiled 01/06/23.
Read first time 01/09/23.
Referred to Committee on Housing.
amending RCW 19.27.060;
amending RCW 43.21C.229;
adding a new section to chapter 19.27 RCW;
and adding a new section to chapter 19.27 RCW.
and creating a new section.
1 SHB 1167 units, cottage housing, stacked flats, townhouses, or courtyard apartments.
1 HB 1167 units, cottage housing, stacked flats, townhouses, or courtyard apartments.
(f) "Townhouses" means buildings that contain three or more attached single-family dwelling units that extend from foundation to roof and that have a yard or public way on not less than two sides that extends at least 50 percent of the length of each of these two sides.
(f) "Townhouses" means dwelling units constructed in a row of two or more attached units, where each dwelling unit is located on an individual lot or parcel and shares at least one common wall with an adjacent unit.
These recommendations shall include those code changes necessary to ensure public health and safety in multifamily housing under the international residential code, including incorporating the life safety systems for multiplex housing from the international building code.
These recommendations shall include those code changes necessary to ensure public health and safety in multifamily housing under the international residential code.
(3) For the purposes of this section, "multiplex housing" means a building with up to six dwelling units consolidated into a single structure with common walls and floors and a functional primary p.
(3) For the purposes of this section, "multiplex housing" means a building with up to six dwelling units consolidated into a single structure with common walls and floors and a functional primary street entrance, or a building of up to three stories containing up to six dwelling units consolidated into a single structure.
2 SHB 1167 street entrance, or a building of up to three stories containing up to six dwelling units consolidated into a single structure.
p.
2 HB 1167 Sec.
3.
RCW 43.21C.229 and 2020 c 87 s 1 are each amended to read as follows:
(1) In order to accommodate infill development and thereby realize the goals and policies of comprehensive plans adopted according to chapter 36.70A RCW, a city or county planning under RCW 36.70A.040 is authorized by this section to establish categorical exemptions from the requirements of this chapter.
An exemption adopted under this section applies even if it differs from the categorical exemptions adopted by rule of the department under RCW 43.21C.110(1)(a).
An exemption may be adopted by a city or county under this section if it meets the following criteria:
(a) It categorically exempts government action related to development proposed to fill in an urban growth area, designated according to RCW 36.70A.110, where current density and intensity of use in the area is roughly equal to or lower than called for in the goals and policies of the applicable comprehensive plan and the development is either:
(i) Residential development;
(ii) Mixed-use development;
or (iii) Commercial development up to ((sixty-five thousand)) 65,000 square feet, excluding retail development;
(b) It does not exempt government action related to development that is inconsistent with the applicable comprehensive plan or would clearly exceed the density or intensity of use called for in the goals and policies of the applicable comprehensive plan;
(c) The local government considers the specific probable adverse environmental impacts of the proposed action and determines that these specific impacts are adequately addressed by the development regulations or other applicable requirements of the comprehensive plan, subarea plan element of the comprehensive plan, planned action ordinance, or other local, state, or federal rules or laws;
and (d)(i) The city or county's applicable comprehensive plan was previously subjected to environmental analysis through an environmental impact statement under the requirements of this chapter prior to adoption;
or (ii) The city or county has prepared an environmental impact statement that considers the proposed use or density and intensity of use in the area proposed for an exemption under this section.
(2) Any categorical exemption adopted by a city or county under this section shall be subject to the rules of the department adopted p.
3 HB 1167 according to RCW 43.21C.110(1)(a) that provide exceptions to the use of categorical exemptions adopted by the department.
(3)(a) In addition to the exemption allowed in subsection (1)(a) of this section, government action related to residential development proposed to fill in an urban growth area designated according to RCW 36.70A.110 are categorically exempt from the requirements of this chapter within one-quarter mile of a community core location.
(b) For the purposes of this section, "community core location" means:
(i) A stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW;
(ii) Commuter rail stops;
(iii) Stops on rail or fixed guideway systems, including transitways;
(iv) Stops on bus rapid transit routes;
(v) A stop designated as a "major transit stop" prior to the effective date of this section by a regional agency planning under the multicounty planning policies authority of RCW 36.70A.210(7);
(vi) Public schools as defined in RCW 28A.150.010, common schools as defined in RCW 28A.150.020, and private schools approved under RCW 28A.195.010;
or (vii) Public parks operated by the state or by a local government.
3.
4.
(3)(a) Within residential zones that allow for multiplex housing, counties and cities may not impose or require zoning, development, siting, or other standards for multiplex housing that are more restrictive than those required for detached single-family residences, except when necessary for fire and life safety.
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4 HB 1167 (3)(a) Within residential zones that allow for multiplex housing, counties and cities may not impose or require zoning, development, siting, parking, design review, or other standards for multiplex housing that are more restrictive than those required for detached single-family residences, except when necessary for fire and life safety.
(b) Within one-quarter mile of a community core location, cities and counties may not mandate setbacks or development regulations for residential buildings that would prohibit the development from achieving the underlying zoning or density allowed, except for building codes, health and safety requirements, public utility access and utility meter access requirements.
(b) Within one-quarter mile of a community core location, cities and counties may not mandate setbacks for residential buildings or prohibit a residential building that is built to the property line, except that such buildings may be required to adhere to fire code requirements.
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(c) Cities that meet the criteria in RCW 19.27.060(4) may not require more than a single stairway in residential buildings of six or fewer stories that meet the conditions in RCW 19.27.060(3).
(c) Cities that have a municipal water supply and a professional fire department may not require more than a single stairway in residential buildings of six or fewer stories.
p.
(b) For the purposes of this section, "community core location" means:
3 SHB 1167 (b) For the purposes of this section, "community core location" means:
Sec.
4.
RCW 19.27.060 and 2018 c 302 s 2 are each amended to read as follows:
(1) The governing bodies of counties and cities may amend the codes enumerated in RCW 19.27.031 as amended and adopted by the state building code council as they apply within their respective jurisdictions, but the amendments shall not result in a code that is less than the minimum performance standards and objectives contained in the state building code except as provided in subsection (2) of this section.
(a) Except as provided in subsection (2) of this section, no amendment to a code enumerated in RCW 19.27.031 as amended and adopted by the state building code council that affects single-family or multifamily residential buildings shall be effective unless the amendment is approved by the building code council under RCW 19.27.074(1)(b).
(b) Any county or city amendment to a code enumerated in RCW 19.27.031 which is approved under RCW 19.27.074(1)(b) shall continue to be effective after any action is taken under RCW 19.27.074(1)(a) without necessity of reapproval under RCW 19.27.074(1)(b) unless the amendment is declared null and void by the council at the time any action is taken under RCW 19.27.074(1)(a) because such action in any way altered the impact of the amendment.
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4 SHB 1167 (2) The legislative body of a county or city, in exercising the authority provided under subsection (1) of this section to amend the code enumerated in RCW 19.27.031(1)(b), may adopt amendments that eliminate any minimum gross floor area requirement for single-family detached dwellings or that provide a minimum gross floor area requirement below the minimum performance standards and objectives contained in the state building code.
(3) The legislative body of a county or city, in exercising the authority provided under subsection (1) of this section to amend the code enumerated in RCW 19.27.031(1)(b), may adopt amendments that allow for up to five stories of group R-2 occupancy to be served by a single exit under the following conditions:
(a) The building does not have more than six stories above grade plane;
(b) The building does not contain a boarding house;
(c) The building does not have more than four dwellings on any floor;
(d) The building is constructed with not less than one-hour fire- resistive construction and is also equipped throughout with an automatic sprinkler system in accordance with section 903.3.1.1 of the international building code.
Residential-type sprinklers must be used in all habitable spaces in each dwelling unit;
(e) There are not more than two single exit stairway conditions on the same property for buildings four stories tall or higher;
(f) An exterior stairway or interior exit stairway is provided.
The interior exit stairway, including any related exit passageway, must be pressurized in accordance with section 909.20 of the international building code.
Doors in the stairway must swing into the interior exit stairway regardless of the occupant load served, provided that doors from the interior exit stairway to the building exterior are permitted to swing in the direction of exit travel;
(g) A corridor separates each dwelling unit entry/exit door from the door to an interior exit stairway, including any related exit passageway, on each floor.
Dwelling unit doors must not open directly into an interior exit stairway.
Dwelling unit doors are permitted to open directly into an exterior stairway;
(h) There are not more than 20 feet of travel to the exit stairway from the entry/exit door of any dwelling unit;
(i) Travel distance measured in accordance with section 1017 of the international building code does not exceed 125 feet;
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5 SHB 1167 (j) The exit does not terminate in an egress court where the court depth exceeds the court width unless it is possible to exit in either direction to the public way;
(k) Elevators are pressurized in accordance with section 909.21 of the international building code or open into elevator lobbies that comply with section 713.14 of the international building code.
Where approved by the building official, natural ventilation is permitted to be substituted for pressurization where the ventilation would prevent the accumulation of smoke or toxic gases;
(l)(i) Other occupancies are permitted in the same building provided they comply with all other requirements of this subsection (3).
Except as provided in (l)(ii) of this subsection, other occupancies must not communicate with the group R occupancy portion of the building or with the single-exit stairway;
(ii) Parking garages and occupied roofs accessory to the group R occupancy are permitted to communicate with the exit stairway;
(m) The exit serving the group R occupancy does not discharge through any other occupancy, including an accessory parking garage;
and (n) There are no openings within 10 feet of unprotected openings into the stairway other than required exit doors having a one-hour fire-resistance rating.
(4)(a) A city that intends to adopt amendments under subsection (3) of this section must meet the following criteria prior to adoption:
(i) The city is served by a municipal fire department or fire district;
and (ii) The city does not have a current restriction on development due to lack of fire flow capacity as set forth in WAC 246-290-221.
Minimum fire flow capacity must be at least 750 gallons per minute for 60 minutes, as set forth in WAC 246-293-640.
(b) Nothing in this subsection precludes a city from making a determination that the city does not have appropriate fire apparatus or hydrant networks to serve single stairwell buildings.
(5) Except as permitted or provided otherwise under this section, the state building code shall be applicable to all buildings and structures including those owned by the state or by any governmental subdivision or unit of local government.
(((4))) (6) The governing body of each county or city may limit the application of any portion of the state building code to exclude p.
6 SHB 1167 specified classes or types of buildings or structures according to use other than single-family or multifamily residential buildings.
However, in no event shall fruits or vegetables of the tree or vine stored in buildings or warehouses constitute combustible stock for the purposes of application of the uniform fire code.
A governing body of a county or city may inspect facilities used for temporary storage and processing of agricultural commodities.
(((5))) (7) No provision of the uniform fire code concerning roadways shall be part of the state building code:
PROVIDED, That this subsection shall not limit the authority of a county or city to adopt street, road, or access standards.
(((6))) (8) The provisions of the state building code may be preempted by any city or county to the extent that the code provisions relating to the installation or use of sprinklers in jail cells conflict with the secure and humane operation of jails.
(((7))) (9)(a) Effective one year after July 23, 1989, the governing bodies of counties and cities may adopt an ordinance or resolution to exempt from permit requirements certain construction or alteration of either group R, division 3, or group M, division 1 occupancies, or both, as defined in the uniform building code, 1988 edition, for which the total cost of fair market value of the construction or alteration does not exceed ((fifteen hundred dollars)) $1,500.
The permit exemption shall not otherwise exempt the construction or alteration from the substantive standards of the codes enumerated in RCW 19.27.031, as amended and maintained by the state building code council under RCW 19.27.070.
(b) Prior to July 23, 1989, the state building code council shall adopt by rule, guidelines exempting from permit requirements certain construction and alteration activities under (a) of this subsection.
NEW SECTION.
Sec.
5.
The office of regulatory assistance shall contract with a qualified external consultant or entity to develop a standard plan set demonstrating a prescriptive compliance pathway that will meet or exceed all energy code regulations for residential housing in the state subject to the international residential code.
The standard plan set may be used, but is not required, by local governments and building industries.
In developing the standard plan set, the consultant shall, at a minimum, seek feedback from cities, p.
7 SHB 1167 counties, building industries, and building officials.
The standard plan set must be completed by December 31, 2023.
8 SHB 1167
5 HB 1167
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Action History

  1. Referred to Housing.

  2. Rules Committee relieved of further consideration.

  3. By resolution, reintroduced and retained in present status.

  4. By resolution, returned to House Rules Committee for third reading.

  5. Passed to Rules Committee for second reading.

  6. Minority; without recommendation.

  7. Minority; do not pass.

  8. WM - Majority; do pass with amendment(s).

  9. Executive action taken in the Senate Committee on Ways & Means at 10:00 AM.

  10. Public hearing in the Senate Committee on Ways & Means at 4:00 PM.

  11. Referred to Ways & Means.

  12. And refer to Ways & Means.

  13. Minority; without recommendation.

  14. LGLT - Majority; do pass with amendment(s).

  15. Executive action taken in the Senate Committee on Local Government, Land Use & Tribal Affairs at 10:30 AM.

  16. Public hearing in the Senate Committee on Local Government, Land Use & Tribal Affairs at 8:00 AM.

  17. First reading, referred to Local Government, Land Use & Tribal Affairs.

  18. Third reading, passed; yeas, 95; nays, 0; absent, 0; excused, 3.

  19. Rules suspended. Placed on Third Reading.

  20. Floor amendment(s) adopted.

  21. 2nd substitute bill substituted (APP 23).

  22. Rules Committee relieved of further consideration. Placed on second reading.

  23. Referred to Rules 2 Review.

  24. Minority; without recommendation.

  25. Minority; do not pass.

  26. APP - Majority; 2nd substitute bill be substituted, do pass.

  27. Executive action taken in the House Committee on Appropriations at 1:30 PM.

  28. Public hearing in the House Committee on Appropriations at 4:00 PM.

  29. Referred to Appropriations.

  30. HOUS - Majority; 1st substitute bill be substituted, do pass.

  31. Executive action taken in the House Committee on Housing at 8:00 AM.

  32. Executive session scheduled, but no action was taken in the House Committee on Housing at 8:00 AM.

  33. Public hearing in the House Committee on Housing at 8:00 AM.

  34. First reading, referred to Housing.

  35. Prefiled for introduction.

Sponsors

Sponsorship breakdown

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1 sponsors · 13 co-sponsors · 137 not signed on

Sponsors (1)

Co-sponsors (13)

Not signed on (137)

137 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Passed 95 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 28002
Democrat 56001
Unaffiliated 11000
Total 95003
% of votes cast 97%0%0%3%
How each member voted (98)
Member Party Vote
Chambers — Yea
Chandler — Yea
Cheney — Yea
Chopp — Yea
Hutchins — Yea
Kretz — Yea
Maycumber — Yea
Mosbrucker — Yea
Robertson — Yea
Sandlin — Yea
Wilcox — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Yea
April Berg Democrat Yea
Beth Doglio Democrat Yea
Bill Ramos Democrat Yea
Brandy Donaghy Democrat Yea
Chipalo Street Democrat Yea
Chris Stearns Democrat Yea
Cindy Ryu Democrat Yea
Clyde Shavers Democrat Yea
Dan Bronoske Democrat Yea
Darya Farivar Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Not Voting
Emily Alvarado Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
Joe Timmons Democrat Yea
Julia Reed Democrat Yea
Julio Cortes Democrat Yea
Kristine Reeves Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Mary Fosse Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Roger Goodman Democrat Yea
Sharlett Mena Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
April Connors Republican Yea
Carolyn Eslick Republican Not Voting
Chris Corry Republican Yea
Cyndy Jacobsen Republican Yea
Dan Griffey Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Yea
Jenny Graham Republican Yea
Jim Walsh Republican Yea
Joe Schmick Republican Yea
Joel McEntire Republican Not Voting
Keith Goehner Republican Yea
Kevin Waters Republican Yea
Leonard Christian Republican Yea
Mark Klicker Republican Yea
Mary Dye Republican Yea
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Peter Abbarno Republican Yea
Sam Low Republican Yea
Skyler Rude Republican Yea
Stephanie Barnard Republican Yea
Stephanie McClintock Republican Yea
Suzanne Schmidt Republican Yea
Tom Dent Republican Yea
Travis Couture Republican Yea

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Subjects

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Frequently asked questions

Who sponsors HB 1167?
HB 1167 is sponsored by Steve Tharinger (Democrat), Shelley Kloba (Democrat), Gerry Pollet (Democrat), Sharon Wylie (Democrat), Mia Gregerson (Democrat), Nicole Macri (Democrat), Jamila Taylor (Democrat), Joe Fitzgibbon (Democrat), Alex Ramel (Democrat), Jessica Bateman (Democrat), Julia Reed (Democrat), Amy Walen (Democrat), Sam Low (Republican), and Davina Duerr (Democrat).
What is the current status of HB 1167?
This bill died with 2023-2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1167?
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