We are currently working to push legislation in Washington state with a partnership with (The Tacoma-Pierce County Affordable Housing Consortium), American Tiny House Association and other groups are coming aboard! The purposed DRAFT legislation is below but please comment and get involved. We will need your help passing this in Olympia January 2019.
Saundra D. Richartz 786-7943
Senate Republican Caucus
July 19, 2018 (1:06 PM)
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Tiny houses have become a trend across the nation to address the shortage of affordable housing. As tiny houses become more acceptable, the legislature finds that it is important to create space in the code for the regulation of tiny house siting. Individual cities and counties may allow tiny houses with wheels to be collected together as tiny house villages using the binding site plan method articulated in RCW 58.17. Sec. 1. RCW 58.17.040 and 2004 c 239 s 1 are each amended to read as follows:
The provisions of this chapter shall not apply to:
(1) Cemeteries and other burial plots while used for that purpose;
(2) Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the governing authority of the city, town, or county in which the land is situated shall have
adopted a subdivision ordinance requiring plat approval of such divisions: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;
(3) Divisions made by testamentary provisions, or the laws of descent;
(4) Divisions of land into lots or tracts classified for industrial or commercial use when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;
(5) A division for the purpose of lease when no residential structure other than mobile homes, tiny houses or tiny houses with wheels, or travel trailers are permitted to be placed upon the land when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;
Sec. 2. RCW 35.21.684 and 2009 c 79 s 1 are each amended to read as follows:
(1) A city or town may not adopt an ordinance that has the effect, directly or indirectly, of discriminating against consumers’ choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard. However, except as provided in subsection
(2) of this section, any city or town may require that:
(a) A manufactured home be a new manufactured home;
(b) The manufactured home be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative;
(c) The manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
(d) The home is thermally equivalent to the state energy code; and
(e) The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160. A city with a population of one hundred thirty-five thousand or more may choose to designate its building official as the person responsible for issuing all permits, including department of labor and industries permits issued under chapter 43.22 RCW in accordance with an interlocal agreement under chapter 39.34 RCW, for alterations, remodeling, or expansion of manufactured housing located within the city limits under this section.
(2) A city or town may not adopt an ordinance that has the effect, directly or indirectly, of restricting the location of manufactured/mobile homes in manufactured/mobile home communities that were legally in existence before June 12, 2008, based exclusively on the age or dimensions of the manufactured/mobile home. This does not preclude a city or town from restricting the location of a manufactured/mobile home in manufactured/mobile home
communities for any other reason including, but not limited to, failure to comply with fire, safety, or other local ordinances or state laws related to manufactured/mobile homes.
(3) Except as provided under subsection (4) of this section, a city or town may not adopt an ordinance that has the effect, directly or indirectly, of preventing the entry or requiring the removal of a recreational vehicle or tiny house with wheels used as a primary residence in manufactured/mobile home communities.
(4) Subsection (3) of this section does not apply to any local ordinance or state law that:
(a) Imposes fire, safety, or other regulations related to recreational vehicles;
(b) Requires utility hookups in manufactured/mobile home communities to meet state or federal building code standards for manufactured/mobile home communities; or
(c) Includes both of the following provisions:
(i) A recreational vehicle or tiny house with wheels must contain at least one internal toilet and at least one internal shower; and
(ii) If the requirement in (c)(i) of this subsection is not met, a manufactured/mobile home community must provide toilets and showers.
(5) For the purposes of this section, “manufactured/mobile home community” has the same meaning as in RCW 59.20.030.
(6) This section does not override any legally recorded covenants or deed restrictions of record.
(7) This section does not affect the authority granted under chapter 43.22 RCW. Sec. 3. RCW 43.22.335 and 2016 c 167 s 3 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.22.340 through 43.22.434, 43.22.442, and 43.22.495.
(1) “Conversion vending units” means a motor vehicle or recreational vehicle that has been converted or built for the purpose of being used for commercial sales at temporary locations. The units must be less than eight feet six inches wide in the set-up position and the inside working area must be less than forty feet in
(2) “Indigent” means a person receiving an annual income, after taxes, of one hundred twenty-five percent or less of the current federally established poverty level.
(3) “Manufactured home” means a single-family dwelling required to be built in accordance with regulations adopted under the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.).
(4) “Medical unit” means a self-propelled unit used to provide medical examinations, treatments, and medical and dental services or procedures, not including emergency response vehicles.
(5) “Mobile home” means a factory-built dwelling built before June 15, 1976, to standards other than the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state.
(6) “Park trailer” means a park trailer as defined in the American national standards institute A119.5 standard for park trailers.
(7) “Recreational vehicle” means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.
(8) “Tiny house with wheels” means a dwelling to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking and sanitation that meets the certification requirements of ANSI119.2, 119.5 or that is self-certified under RCW 43.22.355.
(9) “Tiny house” means a dwelling to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking and sanitation built in accordance with the 2018 International Resident Code Appendix Q.
Sec. 4. RCW 19.27.031 and 2018 c 189 s 1 are each amended to read as follows:
Except as otherwise provided in this chapter, there shall be in effect in all counties and cities the state building code which shall consist of the following codes which are hereby adopted by reference:
(1)(a) The International Building Code, published by the International Code Council, Inc.;
(b) The International Residential Code, published by the International Code Council, Inc. including Appendix Q of the 2018 International Residential Code;
(2) The International Mechanical Code, published by the International Code Council, Inc., except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code);
(3) The International Fire Code, published by the International Code Council, Inc., including those standards of the National Fire Protection Association specifically referenced in the International Fire Code: PROVIDED, That, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying handheld candles;
(4) Portions of the International Wildland Urban Interface Code, published by the International Code Council Inc., as set forth in RCW 19.27.560;
(5) Except as provided in RCW 19.27.170, the Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials: PROVIDED, That any provisions of such code affecting sewers or fuel gas piping are not adopted;
(6) The rules adopted by the council establishing standards for making buildings and facilities accessible to and usable by
Individuals with disabilities or elderly persons as provided in RCW 70.92.100 through 70.92.160; and
(7) The state’s climate zones for building purposes are designated in RCW 19.27A.020(3) and may not be changed through the adoption of a model code or rule.
In case of conflict among the codes enumerated in subsections (1), (2), (3), (4), and (5) of this section, the first named code shall govern over those following.
The codes enumerated in this section shall be adopted by the council as provided in RCW 19.27.074. The council shall solicit input from first responders to ensure that firefighter safety issues are addressed during the code adoption process. The council may issue opinions relating to the codes at the request of a local official charged with the duty to enforce the enumerated codes.
NEW SECTION. Sec. 5. A new section is added to chapter 35.21 RCW to read as follows:
(1) A city or town may adopt an ordinance for the regulation of the creation of tiny house communities
(a) “Tiny house communities” means real property rented or held out for rent to others for the placement of tiny houses with wheels or tiny houses as defined in RCW 43.22.335 utilizing the binding site plan process in RCW 58.17.035.
(b)The owner of the land upon which the community is built shall make reasonable accommodation for utility hookups for the provision of water, power, and sewerage services and comply with all other duties in RCW 59.20.
(c) Tenants of tiny house communities shall be entitled to all rights and subject to all duties and penalties required under RCW 59.20.
PIECE #2 which we hope to get everyone’s approval on and combine at the end, but is kept separate just in case there is too much push back, this rule will be for backyard Tiny Homes on or off wheels.
Sec. 1. RCW 36.70.677 and 1993 c 478 s 10 are each amended to read as follows:
(1) Any local government, as defined in RCW 43.63A.215, that is planning under this chapter shall comply with RCW 43.63A.215(3).
(2) A tiny house built in accordance with the 2018 International Resident Code Appendix Q may be allowed as an accessory dwelling unit for the purposes of permanent residence without being attached to or constructed within the primary dwelling unit.
(3)A tiny house with wheels that meets the certification requirements of ANSI119.2, 119.5 or that is self-certified under RCW 43.22.355 and which the owner has made reasonable accommodation for water, power, and sewage disposal for use as a permanent residence may be allowed as an accessory dwelling unit without being attached to or constructed within the primary dwelling unit.