BILL REQ. #: H-3777.1
State of Washington | 63rd Legislature | 2014 Regular Session |
READ FIRST TIME 01/30/14.
AN ACT Relating to regulations requiring minimum room area or floor area square footage of single-family residential buildings; amending RCW 19.27.060, 35.63.080, 35A.63.100, 36.43.010, and 36.70.750; adding a new section to chapter 19.27 RCW; adding a new section to chapter 64.38 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that there is a
growing need for ecologically sustainable and affordable housing, and
small home construction is a way to meet this need. The legislature
also finds that minimum room area and floor area square footage
requirements that do not further fire, life safety, or environmental
purposes, objectives, or standards prevent construction of such small
homes. It is the intent of the legislature that regulations adopted
throughout the state may not require minimum room area or floor area
square footage for single-family residential buildings, except as may
be necessary to ensure that structures meet fire, life safety, or
environmental standards.
Sec. 2 RCW 19.27.060 and 2002 c 135 s 1 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.
(a) 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.
(2) County or city amendments to the residential code enumerated in
RCW 19.27.031(1)(b) may not require minimum room area or floor area
square footage for a single-family residential building, unless such
regulation is necessary for a fire, life safety, or environmental
purpose.
(3) 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.
(((3))) (4) The governing body of each county or city may limit the
application of any portion of the state building code to exclude
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.
(((4))) (5) The provisions of this chapter shall not apply to any
building four or more stories high with a B occupancy as defined by the
uniform building code, 1982 edition, and with a city fire insurance
rating of 1, 2, or 3 as defined by a recognized fire rating bureau or
organization.
(((5))) (6) 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))) (7) 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))) (8)(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.
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. 3 A new section is added to chapter 19.27 RCW
to read as follows:
By December 1, 2014, the building code council shall adopt rules
that eliminate any minimum room area or floor area square footage
requirements for single-family residences. The building code council
may make any limited exception to such rules only if it determines that
the regulation of minimum room area or floor area square footage is
necessary for a fire, life safety, or environmental purpose.
Sec. 4 RCW 35.63.080 and 1979 ex.s. c 170 s 4 are each amended to
read as follows:
(1) The council or board may provide for the preparation by its
commission and the adoption and enforcement of coordinated plans for
the physical development of the municipality. For this purpose the
council or board, in such measure as is deemed reasonably necessary or
requisite in the interest of health, safety, morals, and the general
welfare, upon recommendation by its commission, by general ordinances
of the city or general resolution of the board, may do the following:
(a) Regulate and restrict:
(i) The location and the use of buildings, structures, and land for
residence, trade, industrial, and other purposes;
(ii) The height, number of stories, size, construction and design
of buildings and other structures, except minimum room area or floor
area square footage for a single-family residential building may not be
regulated or restricted unless necessary for a fire, life safety, or
environmental purpose;
(iii) The size of yards, courts, and other open spaces on the lot
or tract;
(iv) The density of population;
(v) The set-back of buildings along highways, parks, or public
water frontages; and
(vi) The subdivision and development of land; and ((may))
(b) Encourage and protect access to direct sunlight for solar
energy systems.
(2) A council where such ordinances are in effect, may, on the
recommendation of its commission provide for the appointment of a board
of adjustment, to make, in appropriate cases and subject to appropriate
conditions and safeguards established by ordinance, special exceptions
in harmony with the general purposes and intent and in accordance with
general or specific rules therein contained.
Sec. 5 RCW 35A.63.100 and 1979 ex.s. c 170 s 8 are each amended
to read as follows:
After approval of the comprehensive plan, as set forth above, the
legislative body, in developing the municipality and in regulating the
use of land, may implement or give effect to the comprehensive plan or
parts thereof by ordinance or other action to such extent as the
legislative body deems necessary or appropriate. Such ordinances or
other action may provide for:
(1) Adoption of an official map and regulations relating thereto
designating locations and requirements for one or more of the
following: Streets, parks, public buildings, and other public
facilities, and protecting such sites against encroachment by buildings
and other physical structures.
(2) Dividing the municipality, or portions thereof, into
appropriate zones within which specific standards, requirements, and
conditions may be provided for regulating: The use of public and
private land, buildings, and structures((, and)); the location, height,
bulk, number of stories, and size of buildings and structures, except
minimum room area or floor area square footage for a single-family
residential building may not be regulated unless necessary for a fire,
life safety, or environmental purpose; size of yards, courts, and open
spaces((,)); density of population((,)); ratio of land area to the area
of buildings and structures((,)); setbacks((,)); area required for off-street parking((,)); protection of access to direct sunlight for solar
energy systems((,)); and such other standards, requirements,
regulations, and procedures as are appropriately related thereto. The
ordinance encompassing the matters of this subsection is hereinafter
called the "zoning ordinance". No zoning ordinance, or amendment
thereto, shall be enacted by the legislative body without at least one
public hearing, notice of which shall be given as set forth in RCW
35A.63.070. Such hearing may be held before the planning agency or the
board of adjustment or such other body as the legislative body shall
designate.
(3) Adoption of design standards, requirements, regulations, and
procedures for the subdivision of land into two or more parcels,
including, but not limited to, the approval of plats, dedications,
acquisitions, improvements, and reservation of sites for public use.
(4) Scheduling public improvements on the basis of recommended
priorities over a period of years, subject to periodic review.
(5) Such other matters as may be otherwise authorized by law or as
the legislative body deems necessary or appropriate to effectuate the
goals and objectives of the comprehensive plan or parts thereof and the
purposes of this chapter.
Sec. 6 RCW 36.43.010 and 1963 c 4 s 36.43.010 are each amended to
read as follows:
(1) The boards of county commissioners may adopt standard building
codes and standard fire regulations to be applied within their
respective jurisdictions.
(2) Standard building codes adopted by boards of county
commissioners may not require minimum room area or floor area square
footage for a single-family residential building, unless the
requirement is necessary for a fire, life safety, or environmental
purpose.
Sec. 7 RCW 36.70.750 and 1963 c 4 s 36.70.750 are each amended to
read as follows:
Any board, by ordinance, may establish classifications, within each
of which, specific controls are identified, and which will:
(1) Regulate the use of buildings, structures, and land as between
agriculture, industry, business, residence, and other purposes;
(2) Regulate location, height, bulk, number of stories, and size of
buildings and structures, except minimum room area or floor area square
footage for a single-family residential building may not be regulated
unless necessary for a fire, life safety, or environmental purpose; the
size of yards, courts, and other open spaces; the density of
population; the percentage of a lot which may be occupied by buildings
and structures; and the area required to provide off-street facilities
for the parking of motor vehicles.
NEW SECTION. Sec. 8 A new section is added to chapter 64.38 RCW
to read as follows:
The prohibition on cities and counties from requiring any minimum
room area or floor area square footage for a single-family residential
building, as provided under RCW 35.63.080, 35A.63.100, 36.43.010, and
36.70.750, does not restrict or otherwise apply in any way to the
governing documents of any association.