WA State: HB 1353 Self-Certification for DADUs (Proposed)

House Bill 1353 aims to streamline the permitting process for detached accessory dwelling units (ADUs) in cities planning under the Growth Management Act (GMA) by establishing a self-certification program. Currently, the GMA mandates that these cities allow ADUs, but the permitting process can be lengthy. This bill proposes allowing registered architects to certify that a detached ADU project complies with applicable building codes. Under the proposed program, cities could expedite permit approvals for these self-certified projects, focusing primarily on application completeness rather than a full plan review. The bill mandates that the Department of Commerce create rules governing these self-certification programs, including minimum requirements. These rules must address architect qualifications beyond registration, mandatory random audits of at least 5% of self-certified applications (with provisions for additional audits), penalties for failed audits (including temporary or permanent bans from the program), and professional liability insurance requirements for participating architects. The Department is also tasked with developing a standardized self-certification form for optional use by cities. This form would include attestations and acknowledgements from the architect, property owner, and builder regarding accuracy, program conditions, liability release for the city, and owner responsibility for correcting nonconformities. Cities operating these programs must report penalties for failed audits to the Department, which will maintain a database accessible to all cities to prevent architects facing penalties in one city from self-certifying in another. The Department will also establish administrative hearing procedures for disputes related to audits and penalties. Furthermore, cities will be required to submit annual reports to the Department detailing program statistics, including application numbers, permit issuance, and average processing times for both self-certified and traditionally reviewed ADU permits. The Department will then compile these reports into an annual summary published online. Existing self-certification or similar programs operated by local governments before July 26, 2025, can continue operating outside the new program's requirements. The bill does not include an appropriation and has a requested fiscal note. It will take effect 90 days after the legislative session adjourns.