wa-law.org > bill > 2025-26 > HB 1353 > Original Bill
Cities planning under this chapter may, in compliance with the conditions set forth in subsection (2) of this section, operate a self-certification program to allow for registered architects as provided for in chapter 18.08 RCW to self-certify compliance with applicable building code requirements for the construction or development of one or more detached accessory dwelling units on a residential property. If a permit application has been self-certified, then the city reviewing the permit application may consider the application to be in compliance with applicable building code requirements without the need for additional review after determining that it is procedurally complete pursuant to RCW 36.70B.070. A permit issued after a permit review that includes a self-certified component shall have the same effect as a permit issued after full project permit review under chapter 36.70B RCW.
Any self-certification program must comply with rules to be promulgated by the department for such programs. These rules must consist of, at a minimum:
Any professional requirements, other than the registration required in subsection (1) of this section, that must be met in order for an architect to qualify for the self-certification program;
Requirements for random audits of self-certified program permit applications to ensure that submissions are satisfying applicable building code requirements, including a requirement that a minimum of five percent of submissions within a calendar year be audited, and an allowance for the city operating the program to conduct additional nonrandom audits as the city deems necessary;
Penalties for project permits that fail an audit, including any appropriate financial penalties and a requirement that an architect who has submitted an application that has failed an audit be temporarily prohibited from participating in the self-certification program for a period of not less than one year and that the submission of a second application that fails an audit within five years of a preceding submission that failed an audit will result in a permanent prohibition on participation in the self-certification program, and provisions for administrative hearing procedures to resolve any disputes over the results of an audit or resulting penalties;
Requirements for the maintenance of an appropriate level of professional liability insurance coverage in order to participate in the program.
The department shall create a standard self-certification form that cities may use or modify at their discretion that includes, at a minimum:
An attestation that the architect certifying the permit application will correct any false or inaccurate statements within the application as soon as they become known to the architect;
An acknowledgment that participation in the program is conditional upon the accuracy of the architect's certification, and that discovery of inaccuracies, insufficiencies, or errors during an audit may result in suspension or termination from the self-certification program;
An agreement, signed by the property owner, the owner or authorized representative of the company that will construct the accessory dwelling unit for which the permit has been submitted, and the certifying architect, to protect, defend, indemnify, and hold harmless the city operating the self-certification program for any claims or injuries connected with the design or construction of the accessory dwelling unit for which the self-certification program permit application was submitted, or for the issuance of a project permit pursuant to the self-certification program; and
An acknowledgment from the property owner for whom the project permit is submitted that the property owner has authorized the architect to submit the self-certification project permit application and that the owner has the responsibility and obligation to correct, at the owner's expense, any nonconformities with the applicable building code requirements within a reasonable period after such nonconformities are discovered.
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Cities utilizing a self-certification program must notify the department whenever any penalty is imposed on an architect because of a failed audit under this section.
The department shall maintain a database that is accessible to cities of architects that are currently subject to penalties within a city because of a failed audit under this section. No city shall accept a self-certified project permit application from an architect that is currently subject to penalties because of a failed audit under this section in another city.
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Any city operating a self-certification program shall submit an annual report on its program to the department. Each report must be submitted by July 31st for the preceding calendar year. The report must include, at a minimum:
The number of projects within the city for which a self-certification was submitted;
The number of such projects for which a permit was issued;
The average length of time, excluding any periods in which the city is awaiting additional information from an applicant, in which the applicant has requested that review of the application be suspended, or in which an administrative appeal is pending, from project permit submission for detached accessory dwelling units to the issuance of the project permit within the city for both self-certified project permit applications and nonself-certified project permit applications; and
The results of any audits of self-certified project permit applications undertaken by the jurisdiction.
The department shall post on its website a report by December 31st of each year summarizing the information received from cities pursuant to (a) of this subsection.
For the purposes of this section, "building code" means the state building code, the state energy code, and any local building, electrical, plumbing, mechanical, or fire codes. It does not include any utility connection requirements.
Nothing in this act may be construed to affect the validity of any self-certification or similar program existing prior to the effective date of section 1 of this act.