| Momentum Bucket | Became Law |
| Legal Title | AN ACT Relating to unreasonable restrictions on wildfire home hardening practices in common interest communities; |
| Bill Description | Concerning unreasonable restrictions on wildfire home hardening practices in common interest communities. |
|
What this bill does
Powered by Legitron |
This bill adds three new sections to the Revised Code of Washington (new sections in chapters 64.38, 64.34, and 64.90 RCW) that prohibit recorded governing documents from forbidding the installation, use, or maintenance of “fire-hardened building materials” so long as those materials meet applicable health and safety standards and state or local permitting requirements. This is a new statutory requirement that takes effect by adding new law to those chapters rather than changing a criminal penalty; it makes inconsistent provisions in existing governing documents void and unenforceable and applies retroactively to governing documents in effect on the sections’ effective date. Each new section expires on January 1, 2028.
The new sections allow associations or similar bodies to adopt reasonable rules about the design, dimensions, placement, or exterior appearance of approved fire-hardened materials, but such rules may not prohibit installation, render use infeasible, and must provide one or more reasonable options that meet applicable wildfire-resistant standards without significantly increasing cost. The law clarifies that property owners do not gain the right to place materials on someone else’s property, on leased property without the lessor’s permission, or on common areas/elements where identified. “Fire-hardened building materials” are defined for purposes of these sections as materials that meet criteria in the latest International Wildland Urban Interface Code (or other locally enforced code), NFPA 1140, or the Insurance Institute for Business and Home Safety (IBHS) wildfire-prepared home requirements; NFPA and IBHS are identified by name or successor organization.
The provided text identifies affected parties (owners, lessors, governing documents of associations or common interest communities, and state and local permitting authorities) but does not include an effective date for the new sections, does not state enforcement mechanisms, penalties, or dispute resolution procedures, does not supply quantitative meanings for terms like “reasonable,” “infeasible,” or “do not significantly increase the cost,” and does not say what happens after the January 1, 2028 expiration. The precise scope of the referenced RCW chapters (the specific types of associations or ownership structures governed) is not stated in the extracted facts.
|
|
Why it matters
Powered by Legitron |
If enacted, homeowners in associations and other common-interest communities would generally be allowed to install, use, or maintain wildfire-resistant "fire-hardened" building materials so long as those materials meet applicable health and safety standards and any state or local permitting requirements (including referenced codes and standards such as the Wildland Urban Interface Code, NFPA 1140, or IBHS criteria). Associations could still set reasonable rules about appearance or placement but could not ban these materials, make their use infeasible, or force options that significantly raise costs; the change would apply to existing governing documents retroactively and would expire on January 1, 2028. Property owners would still need permission to place materials on another person’s property, leased property without the lessor’s consent, or on association common areas.
The people most affected are homeowners wanting to retrofit roofs, siding, or other exterior elements for wildfire resistance and the associations that write and enforce covenants; homeowners would gain more practical options to reduce wildfire risk while associations would lose the ability to prohibit such retrofits and may need to revise rules or face disputes. State and local permitting authorities effectively become the gatekeepers for what materials are allowed, and the bill leaves unclear key implementation details—such as the effective date, how terms like “reasonable” or “significantly increase the cost” will be judged, and how enforcement or disputes will be resolved—which could lead to disagreements or legal challenges.
|
| Official Documents | View Full Bill Text |
| Date Introduced | 01/28/2026 |
| Originating Chamber | Senate |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $1,735,013.75 |
| HOUSING AND HOMES |
| Hearing | Senate Housing (Public) |
| Hearing | Senate Housing (Executive) |
| Hearing | House Housing (Public) |
| Hearing | House Housing (Executive) |