HB 1183 — Concerning building code and development regulation reform.

H-0889.1H-0334.2 SUBSTITUTE HOUSE BILL 1183 State of Washington 69th Legislature 2025 Regular Session By House Local Government (originally sponsored by Representatives Duerr, Leavitt, Berry, Parshley, Reed, Ryu, Fitzgibbon, Taylor, Doglio, Berg, and Davis)Davis READPrefiled FIRST01/07/25. TIME 01/29/25.

Read first time 01/13/25.

Referred to Committee on Local Government.

amending RCW 35.21.990, 35A.21.440, 36.70A.620, and 70.87.030;19.27.042;

1 SHBHB 1183 insulation must be allowed to project up to an additional eight inches into the setbacks on all sides if the building is to be used for residential housing.

(2) Nothing in this section prohibits a city or county from applying the requirements of the state building codecode. or requires a city or county to allow a setback of less than 36 inches between residential dwelling units.

(3) Nothing in this section prohibits a city or county from applying the requirements of the state building codecode. or requires a city or county to allow a setback of less than 36 inches between residential dwelling units.

(b) The requirements of subsection (2) of this section apply and take effect in any city that has not adopted or amended ordinances, p.regulations, or other official controls as required under this section by the timeline in (a) of this subsection and supersede, preempt, and invalidate any conflicting local development regulations.

2p. SHB 1183 regulations, or other official controls as required under this section by the timeline in (a) of this subsection and supersede, preempt, and invalidate any conflicting local development regulations.

2 HB 1183 (2) Through ordinances, development regulations, zoning regulations, or other official controls as required under subsection (1) of this section, cities may not:

(d) Impose design standard requirements, including setbacks, lot coverage, and floor area ratio requirements, on the use of an existing building for residential purposes beyond those requirements generally applicable to all residential development within the building's zonezone, , except as provided in sections 1 and 2 of this act;

(f) Prohibit the addition of housing units in any specific part of a building except ground floor commercial or retail that is along a major pedestrian corridor as defined by each city, unless the p.addition of the units would violate applicable building codes or health and safety standards;

3(g) SHBRequire 1183unchanged additionportions of thean unitsexisting wouldbuilding violateused applicablefor buildingresidential codespurposes orto healthmeet andthe safetycurrent standards;energy code solely because p.

(g)3 RequireHB unchanged1183 portions of an existing building used for residential purposes to meet the current energy code solely because of the addition of new dwelling units within the building, however, if any portion of an existing building is converted to new dwelling units, each of those new units must meet the requirements of the current energy code;

(2) Through ordinances, development regulations, zoning regulations, or other official controls as required under subsection (1) of this section, code cities may not:

4 SHBHB 1183 (2)(a) ThroughImpose ordinances,a developmentrestriction regulations,on zoninghousing regulations,unit ordensity otherthat officialprevents controlsthe asaddition requiredof underhousing subsectionunits (1)at ofa thisdensity section,up to 50 percent more than what is allowed in the underlying zone if constructed entirely within an existing building envelope in a building located within a zone that permits multifamily housing, provided that generally applicable health and safety standards, including but not limited to building code citiesstandards mayand not:fire and life safety standards, can be met within the building;

(a) Impose a restriction on housing unit density that prevents the addition of housing units at a density up to 50 percent more than what is allowed in the underlying zone if constructed entirely within an existing building envelope in a building located within a zone that permits multifamily housing, provided that generally applicable health and safety standards, including but not limited to building code standards and fire and life safety standards, can be met within the building;

(g) Require unchanged portions of an existing building used for residential purposes to meet the current energy code solely because of the addition of new dwelling units within the building, however, if any portion of an existing building is converted to new dwelling p.

5 SHBHB 1183 of the addition of new dwelling units within the building, however, if any portion of an existing building is converted to new dwelling units, each of those new units must meet the requirements of the current energy code;

(3) Nothing in this section prohibits a city or county from applying the requirements of the state building codecode. or requires a p.

6 SHB 1183 city or county to allow a setback of less than 36 inches between residential dwelling units.

(1)p. A city or county planning under RCW 36.70A.040 may not require façade modulation or upper-level setbacks as a condition of permitting the following types of residential projects:

6 HB 1183 (1) A city or county planning under RCW 36.70A.040 may not require façade modulation or upper-level setbacks as a condition of permitting the following types of residential projects:

p.(b) New construction or the retrofit of existing buildings meeting passive house requirements;

7 SHB 1183 (b) New construction or the retrofit of existing buildings meeting passive house requirements;

(2)p. A city or county may require off-street parking if the jurisdiction submits to the department of commerce an empirical study prepared by a credentialed transportation or land use planning expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations in subsection (1) of this section will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the jurisdiction's parking requirements were applied.

7 HB 1183 (2) A city or county may require off-street parking if the jurisdiction submits to the department of commerce an empirical study prepared by a credentialed transportation or land use planning expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations in subsection (1) of this section will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the jurisdiction's parking requirements were applied.

(3) AFor county may require off-street parking if the county'spurposes roadsof arethis notsection: developed to the standards for streets and roads adopted by the cities within that county.

(4) For the purposes of this section:

A city may require a p.developer to record a covenant that prohibits the rental of a unit subject to this parking restriction for any purpose other than providing for housing for very low-income or extremely low-income individuals.

8 SHB 1183 developer to record a covenant that prohibits the rental of a unit subject to this parking restriction for any purpose other than providing for housing for very low-income or extremely low-income individuals.

A city may establish a requirement for the provision of more than one parking space per bedroomp. or .75 space per unit if the jurisdiction has determined a particular housing unit to be in an area with a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on-street parking infeasible for the unit.

8 HB 1183 bedroom or .75 space per unit if the jurisdiction has determined a particular housing unit to be in an area with a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on-street parking infeasible for the unit.

p.

9 SHB 1183 NEW SECTION.

RCW 19.27.042 and 2023 c 47 s 1 are each amended to read as follows:

(1) Effective January 1, 1992, the legislative authorities of cities and counties may adopt an ordinance or resolution to exempt from state building code requirements buildings whose character of use or occupancy has been changed in order to provide housing for p.

9 HB 1183 indigent persons.

The ordinance or resolution allowing the exemption shall include the following conditions:

(a) The exemption is limited to existing buildings located in this state;