Washington home builders have provided Gov. Bob Ferguson a blueprint for recovery to help homeowners rebuild their homes after Eastern Washington fires.

In a letter to Ferguson dated Aug. 19, the Building Industry Association of Washington (BIAW) offered targeted recommendations to create a practical path toward replacing lost property without months or years of unnecessary delay.

“The governor’s emergency proclamation directs state agencies to identify regulations, codes and laws that should be waived or suspended to avoid hindering or delaying recovery,” said BIAW Executive Vice President Greg Lane. “We’re here to help.”

Builders provided specific recommendations in four areas of the law requiring flexibility to expedite rebuilding and help families return to their homes.

Growth Management Act (GMA)

While the emergency proclamation is in effect, builders contend the urgent need for housing must outweigh the state's environmental goals under the GMA. With this in mind, builders advise that jurisdictions planning under the GMA should:

• Allow projects replacing a lawfully existing structure damaged and destroyed by the fires to be vested to the zoning and land use ordinances in existence prior to the loss.
• Allow residential development at the same density as neighboring residential parcels and permit connections to available urban services.
• Immediately permit the building of middle housing in residential zones under RCW 36.70A.536 regardless of whether a pertinent ordinance has been adopted and implemented.
• Suspend climate change and resiliency requirements of the GMA, namely additions to any jurisdictions’ comprehensive plans pursuant to ESSHB 1181.
• Apply unit lot subdivisions in short plat approval regardless of comprehensive plan adoption.
• Expedite application of an integrated and consolidated project permit process pursuant to RCW 36.70B.
• Give priority review to building projects responding to Spokane area wildfire loss.
• Waive any penalties or sanctions under RCW 36.70A.340-345 to encourage flexibility in GMA requirements.

State Environmental Policy Act (SEPA)

All parties interested in SEPA review on a recovery project should be involved in the initial stages of review with no opportunity for last-minute objections delaying the permitting process.

Moreover, jurisdictions should liberally construe projects exempted from SEPA review, such as lot splitting. If a parcel can reasonably be divided into multiple lots, jurisdictions should make every effort to permit division.

Shoreline Management Act (SMA)

Jurisdictions must strictly adhere to the best available science standard in applying Shoreline Master Program requirements to fire rebuilding projects. Oftentimes, jurisdictions require arbitrary mitigation and setbacks that lead to less buildable land and conflict between builders, homeowners and government. Any requirements of jurisdictional Shoreline Master Programs should be amended as necessary to allow for maximum development while legitimately protecting shorelines pursuant to best available science.

State Building and Energy Codes

‍Many homes destroyed by wildfires in Eastern Washington were built before the 21st century. Also, many of the affected homeowners are underinsured and have policies that do not cover the increased construction costs required of building codes. For these reasons, rebuilding to current building code requirements will make rebuilding prohibitively expensive for wildfire victims.

Builders asked the governor to suspend the 2021 Washington State Energy Code (WSEC) and allow builders to rebuild under the 2006 or 2015 codes depending on when the home was originally vested.

“This will ensure home restoration or recovery projects have more cost-effective energy efficiency requirements instead of forcing homeowners to comply with the state’s more costly current codes,” Lane said.

Builders also urged local jurisdictions to create expedited plan review for rebuilds, including:

• Same-day or 72-hour review for like-for-like rebuilds on existing foundations or previously approved building pads
• Over-the-counter permits for minor repairs, utility reconnections, decks, garages, and damaged accessory structures
• Concurrent rather than sequential review by building, fire, planning, health and utility departments
• Temporary third-party plan review when jurisdictions lack capacity
• Standard engineering details for foundations, roof assemblies, fire-resistant exterior materials, and defensible-space improvements; and
• Priority inspection for households that lost their primary residence.

“As the state moves forward in responding to this disaster, BIAW urges the Ferguson administration to take full advantage of available emergency authorities to suspend or streamline regulations that may unnecessarily delay reconstruction efforts,” Lane said. “Our members are committed to being part of the solution and stand ready to work alongside state and local leaders to help restore homes,  businesses, and communities.”

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